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R-08-12-18-7B1 - 12/18/2008RESOLUTION NO. R -08-12-18-7B 1 WHEREAS, the Governor's Division of Emergency Management has made grant funds available to the City of Round Rock ("City") for the Fiscal Year 2008 Homeland Security Grant Program, and WHEREAS, the City Council wishes to accept said grant funds to be used by the City for the purchase of a GasID Portable Gas and Vapor Identifier for the Fire Department and for a UASI Fusion Center Analyst for the Police Department, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a 2008 Sub -Recipient Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R81218B1.DOC/rmc RICK PERRY Governor DIVISION OF EMERGENCY MANAGEMENT Office of the Governor Mailing Address: PO Box 4087 Austin, Texas 78773-0220 The Honorable Alan McGraw Mayor, City of Round Rock 220 E. Main St. Round Rock, TX 78664 Dear Mayor McGraw: Contact Numbers: 512-424-2138 Duty Hours 512-424-2277 Non -Duty Hours 512-424-2444 Fax November 21, 2008 Physical Address: 5805 N. Lamar Blvd. Austin, Texas 78752 STEVEN McCRAW Director Office of Homeland Security JACK COLLEY Chief Your jurisdiction is being awarded a sub -grant for the Fiscal Year (FY) 2008 Homeland Security Grant Program (HSGP) to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, and response capabilities. Proposed local, regional, and urban area projects were grouped into investments that were submitted to U. S. Department of Homeland Security (DHS) for review and approval. Grant funds must be used for projects which support the investments approved by DHS, which are identified in Enclosure 1. The following additional grant -related documents are enclosed: • Notice of Sub -recipient Award (SRA) — Enclosure 2 The Notice of Sub -recipient Award for the 2008 HSGP must be signed by the chief elected official of your jurisdiction unless that authority has been delegated. Other signatures will require an accompanying statement from the chief elected official authorizing the individual to sign for the jurisdiction. • Direct Deposit Authorization - Enclosure 3 A. GDEM must have a current Direct Deposit Authorization from your jurisdiction in order to transfer grant funds electronically to a designated bank account to reimburse you for grant -funded expenses. Additional copies are available from the Texas State Comptroller's website at: http://www.window.state.tx.us/taxinfo/taxforms/74-158.pdf. An appropriate local official, typically your finance officer, must sign the Direct Deposit Authorization. B. If you submitted a completed Direct Deposit Authorization form with prior Homeland Security Grant Program awards, you do not need to submit another unless your bank account information has changed. The deadline for returning the signed Notice of Sub Recipient Award and Direct Deposit Authorization (if applicable) is January 8, 2009. The offer of a homeland security sub -grant will be withdrawn if the required materials are not postmarked by the due date. Extensions to this date will not be granted. Please submit above documents to one of the following addresses: a 5 EXHIBIT nAn The deadline for returning the signed Notice of Sub -Recipient Award and Direct Deposit Authorization (if applicable) is January 8, 2009. The offer of a homeland security sub -grant will be withdrawn if the required materials are not postmarked by the due date. Extensions to this date will not be granted. Please submit above documents to one of the following addresses: Mail: Division of Emergency Management Attention: SAA Section P.O. Box 4087 Austin, TX 78773-0270 Please retain a copy of each form for your records. Courier: Division of Emergency Management Attention: SAA Section 5805 N. Lamar Austin, TX 78752 If you have any program questions regarding HSGP, please contact Edwin Staples at the SAA at 512-377-0002 or 512-377-0000. Sincerely, Jack Colley Chief JC: es e•-03, Enclosures: 1. DHS Approved Investments 2. 2008 Notice of Sub -recipient Award 3. Direct Deposit Authorization Date of Award November 18, 2008 Governor's Division of Emergency Management 2008 Sub -Recipient Agreement for City of Round Rock 1. Sub -Recipient Name and Address 2. Prepared by: Seals, Freddie 13. SAA Award Number: 08 -SR 63500-01 4. ::'Federal Grant Information Mayor Alan McGraw City of Round Rock 221 E. Main St. Round Rock, TX 78664 Federal Grant Title: Homeland Security Grant Program Federal Grant Award Number: 2008 -GE -T8-0034 Date Federal Grant Awarded to GDEM: September 1, 2008 Federal Emergency Management Federal Granting Agency: Agency National Preparedness Directorate 5. Award Amount and Grant Breakdowns Total Award Note: Additional Budget Sheets (Attachment A): Yes No Amount 223 322. �� SHSP 97.073 SHSP-LEAP 97.073 UASI 97.008 UASI-LEAP 97.008 CCP 97.053 MMRS 97.071 $69,367.00 $0.00 $132,565.00 $21,390.00 $0.00 $0.00 This award supersedes all previous awards. Performance Period: Sep 1, 2008 to Jan 15, 2011 6. Statutory Authority for Grant: This project is supported under Appropriations Act of 2008. Public Law 110-161, the Department of Homeland Security 7. Method of Payment: Primary method is reimbursement. See the invoices. enclosed instructions for the process to follow in the submission of 8. Debarment/Suspension Certification: The Sub -Recipient certifies presently debarred, suspended, proposed for debarment, declared ineligible and do not appear in the Excluded Parties List System at http://www.epls.gov. that the subgrantee and its' contractors/vendors are not or voluntarily excluded by any federal department or agency 9. Agency APprovil Approving GDEM Official: Jack Colley, Chief Division of Emergency ManagementC:9a64g5- Office of the Governor Signature of GDEM Official: 10. r` SO -Recipient ,Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub -Recipient official: Alan McGraw, Mayor City of Round Rock, Texas Signature of Sub -Recipient Official: 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 74-6017485 12. Date Signed : 13. DUE DATE: January 2, 2009 Signed award and Direct Deposit Form (if applicable) must be returned to GDEM on or before the above due date. TERMS AND CONDITIONS Parties to Sub -recipient Agreement This Sub -recipient agreement is made and entered into by and between the Governor's Division of Emergency Management/State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "GDEM," and the funds recipient, hereinafter referred to as the "Sub -recipient." Furthermore, GDEM and the Sub -recipient are collectively hereinafter referred to as the "Parties." By this Sub -recipient agreement's execution, the Parties have severally and collectively agreed to be bound to the mutual obligations and to the performance and accomplishment of the tasks described in this Sub -recipient agreement. The Sub -recipient Agreement is only an offer until the Sub -recipient returns the signed copy of the 2008 Sub -recipient Agreement in accordance with the date provided in the transmittal letter and in the agreement. Sub -recipient Purpose and Overview A. Purpose and Overview. Sub -grant funds provided shall be used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of manmade, natural disasters and acts of terrorism. The Sub -recipient 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 (UASI) Strategies. The funds must be used to conform with the State Homeland Security Strategic Plan, follow the projects outlined in the approved investment justifications used to make the FY 2008 grant application and as described in the federal program guidelines found at www.fema.qov/pdf/govemment/grant/hsgp/fv08 hsgp quide.pdf. Further, as outlined in the 2008 grant guidance, 2008 HSGP will focus on three objectives as the highest priorities. These three objectives are: 1. Measuring progress toward achieving the National Preparedness Guidelines; 2. Strengthening improvised explosive device (IED) attack deterrence, prevention, and protection capabilities; and 3. Strengthening preparedness planning. At least 25 percent of the total FY 2008 HSGP funding must be dedicated toward enhancing capabilities related to objectives 2 and 3 as identified above. The 25 percent requirement applies to the total award amount for each State across all four programs, not individual awards for SHSP, UASI, MMRS, and CCP. B. Standard of Performance. The Sub -recipient shall perform all activities and projects entered into the SAA web - based grants management system approved by its Council of Governments (COG) and by the State Administrative Agency (SAA). The Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Sub -recipient agreement and the: 1. Applicable Laws and Regulations, hereinafter referred to as "Exhibit A"; 2. Certifications, hereinafter referred to as "Exhibit B"; and 3. Certification Regarding Lobbying for Sub -recipient Agreements, Grants, Loans, and Cooperative Agreements, hereinafter referred to as "Exhibit C". C. Failure to Perform. In the event the Sub -recipient fails to implement the project(s) entered into The SAA web - based grants management system, or comply with any of this Sub -recipient agreement's provisions, in addition to the remedies specified in this Sub -recipient agreement, the Sub -recipient is liable to GDEM for an amount not to exceed the award amount of this Sub -recipient agreement and may be barred from applying for or receiving additional Homeland Security Grant Program funds or any other federal program funds administered by GDEM until repayment to GDEM is made and any other compliance or audit finding is satisfactorily resolved. GDEM Obligations A. Measure of Liability. GDEM shall be liable for actual and reasonable costs incurred by the Sub -recipient during the Sub -recipient agreement period for performances rendered under this Sub -recipient agreement by the Sub -recipient, subject to the limitations set forth in this Section: GDEM shall not be liable to the Sub -recipient for any costs incurred by the Sub -recipient that are not allowable costs. B. Sub -recipient Agreement Funds Defined and Limit of Liability. The term "Sub -recipient agreement funds" as used in this Sub -recipient agreement means funds provided by GDEM under the HSGP program. The term "Sub -recipient's funds" or match funds as used in this Sub -recipient agreement means funds provided by the Sub -recipient. Notwithstanding any other provision of this Sub -recipient agreement, the total of all payments and other obligations incurred by GDEM under this Sub -recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub -recipient agreement. 1 C. Excess Payments. The Sub -recipient shall refund to GDEM any sum of Sub -recipient agreement funds that has been paid to the Sub -recipient by GDEM or that GDEM determines has resulted in overpayment to the Sub -recipient that GDEM determines has not been spent by the Sub -recipient in accordance with this Sub -recipient agreement. No refund payment(s) may be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub -recipient shall make such refund to GDEM within thirty (30) days after GDEM requests such refund. Suspension Notwithstanding the provisions of Chapter 2251, Texas Government Code, in the event the Sub -recipient fails to comply with any of this Sub -recipient Agreement's terms, GDEM may, upon written notification to the Sub -recipient, suspend this Sub -recipient agreement in whole or in part, withhold payments to the Sub -recipient and prohibit the Sub -recipient from incurring additional obligations of Sub -recipient agreement funds. Termination A. GDEM's Right to Terminate. GDEM shall have the right to terminate this Sub -recipient agreement, in whole or in part, at any time before the end of the Performance Period, whenever GDEM determines that the Sub -recipient has failed to comply with any of this Sub -recipient agreement's terms. GDEM shall notify the Sub -recipient in writing prior to the thirtieth (30`h) day preceding the termination of such determination and include: 1. the reasons for such termination; 2. the effective date of such termination; and 3. in the case of partial termination, the portion of the Sub -recipient agreement to be terminated. B. Parties' Right to Terminate. In addition to GDEM's right to terminate specified in Subsection A of this section, both Parties shall have the right to terminate this Sub -recipient agreement, in whole or in part, when the Parties agree that the continuation of the activities funded under this Sub -recipient agreement would not produce beneficial results commensurate with the further expenditure of Sub -recipient agreement funds. The Parties shall agree, in writing, upon the termination conditions, including the effective date of termination and in the case of partial termination, the portion of the Sub -recipient agreement to be terminated. Conflict of Interest A. Financial Interest Prohibited. A conflict of interest may arise when the employee, officer or agent; any member of his or her immediate family; his or her partner; or, any organization that employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform a subcontract pursuant to this Sub -recipient agreement. The Sub -recipient shall ensure that no employee, officer, or agent of the Sub -recipient shall participate in the selection, in the award or administration of a subcontract supported by Sub -recipient agreement funds pursuant to this Sub -recipient agreement and comply with Chapter 171, Texas Local Government Code. B. Other Prohibited Interests. In all cases not govemed by Subsection A of this Section and except for eligible administrative or personnel costs, no person who is an employee, agent, consultant, officer, elected official, appointed official of the Sub -recipient or of a subcontractor of the Sub -recipient, in Subsection C of this Section who exercises or have exercised any functions or responsibilities with respect to the activities assisted under this Sub -recipient agreement or any other HSGP Sub -recipient agreement who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, have an interest in or benefit from the activity or have any interest in any Sub -recipient agreement, subcontract or agreement with respect to the activities or the proceeds either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. C. Inclusion in Subcontracts. The Sub -recipient shall include the substance of this Section in all subcontracts. Monitoring GDEM reserves the right to perform periodic on-site monitoring of the Sub -recipient's compliance with this Sub -recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub -recipient's performance pursuant to this Sub -recipient agreement. After each monitoring visit, GDEM shall provide the Sub -recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub -recipient's performance under this Sub -recipient agreement's terms, the monitoring report shall include requirements for the timely correction of such deficiencies by the Sub -recipient. Failure by the Sub -recipient to take action specified in the monitoring report may be cause for this Sub - recipient agreement's suspension or termination pursuant to Sections on the Suspension and/or Termination above. Audit 2 A. Audit of Federal and State Funds. The Sub -recipient shall arrange for the performance of an annual financial and compliance audit of Sub -recipient agreement funds received and performances rendered under this Sub -recipient agreement under the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub - recipient will also comply with Texas Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements. B. GDEM's Right to Audit. Notwithstanding Subsection A of this Section, GDEM reserves the right to conduct a financial and compliance audit of Sub -recipient agreement funds received and performances rendered under this Sub -recipient agreement. The Sub -recipient agrees to permit GDEM or its authorized representative to audit the Sub -recipient's records and to obtain any documents, materials or information necessary to facilitate such audit. C. Sub -recipient's Liability for Disallowed Costs. The Sub -recipient understands and agrees that it shall be liable to GDEM for any costs disallowed pursuant to financial and compliance audit(s) of Sub -recipient agreement funds. The Sub -recipient further understands and agrees that reimbursement to GDEM of such disallowed costs shall be paid by the Sub -recipient from funds that were not provided or otherwise made available to the Sub -recipient pursuant to this Sub - recipient agreement or any other federal contract. D. Sub -recipient's Facilitation of Audit. The Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as GDEM may require of the Sub -recipient. E. State Auditor's Office. The Sub -recipient understands that acceptance of Sub -recipient agreement funds acts as acceptance of the authority of the State Auditor's Office or any successor agency to conduct an audit or investigation in connection with these funds. The Sub -recipient further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The Sub -recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub - recipient and the requirement to cooperate is included in any subcontract it awards. For FY 2008, the NIMSCAST will be the required means to report NIMS compliance for FY 2009 preparedness award eligibility. All State and Territory direct preparedness Sub -recipients will be required to submit their compliance assessment via the NIMSCAST by January 31, 2009. The State or Territory department/agency awardee reserves the right to determine compliance reporting requirement of their sub-awardees (locals) in order to disperse funds at the local level. Reimbursement Sub -recipient agrees to make no request for reimbursement prior to retum of this agreement signed by the authorized Sub -recipient representative. Sub -recipient also agrees to make no request for reimbursement for goods or services procured by Sub -recipient prior to the performance period start date of this agreement. A. Request for Advance or Reimbursement. The Sub -recipient shall submit to GDEM, a properly completed Local Purchase Submission Cover Sheet as often as actually needed. GDEM retains the authority to approve or deny amount requested and shall not make disbursement of any such payment until GDEM has reviewed and approved such a request. The Local Purchase Submission Cover Sheet shall be supported by documentation as referenced by the SAA web -based grants management system and subsequent policy updates. B. Request for Advance Funds and Transfer of Funds. The Sub -recipient's requests for an advance of Sub -recipient agreement funds shall be limited to the minimum amounts needed for effective operation of their project(s) under this Sub - recipient agreement and shall be timed as closely as possible to be in accord with actual cash requirements. The Sub - recipient shall establish procedures to minimize the time elapsing between the transfer of funds from GDEM to the Sub - recipient and shall ensure that such funds are disbursed within fifteen (15) days or as soon as administratively possible. C. Payment Contingent. Notwithstanding the provisions of Subsection A of this Section, payments under this Sub - recipient agreement are contingent upon the Sub -recipient's performance of its contractual obligations. Urban Areas Security Initiative (UASI) Grants A. If the Sub -recipient is a participant in a UASI program, during the performance period of this grant, Sub -recipient agrees to adhere to the UASI strategy, goals, objectives, and implementation steps. B. Sub -recipient agrees that, during the performance period of this grant, all communications equipment purchases must be reviewed and approved by the Regional Interoperable Communications Committee and the UASI points of contact (voting members), if applicable. UASI Non -Profit Security Grant Program (NSGP) A. The Sub -recipient agrees that all allocations, uses of funds, and other associated program and administrative requirements under this grant will be in accordance with the Fiscal Year (FY) 2008 UASI Non -Profit Security Grant Program (NSGP) Program Guidance and Application Kit, Information Bulletin number 252, and the FY 2008 UASI NSGP Frequently Asked Questions (FAQs) Parts 1 and 2. All grant Sub -recipients are assumed to have read, understood, and accepted the FY 2008 UASI NSGP Program Guidance and Application Kit, Information Bulletin Number 252 and the FAQs as binding. B. Sub -recipients must meet a 75 percent Federal -25 percent Sub -recipient soft match requirement. Sub -recipient contributions must be from non -Federal sources. For all costs other than training, the Sub -recipients match may be met through cash, training investments related to use of allowable equipment purchased with the grant, or training investments related to general purpose security and emergency preparedness for staff. In the case of training projects, awardees must meet the matching requirement through cash. In no event can regular personnel costs such as salary, overtime, or other operational costs unrelated to training be used to satisfy the matching requirement. C. Non-governmental organization Sub -recipients are required to meet certain National Incident Management System (NIMS) compliance requirements. All emergency preparedness, response, and/or security personnel in the non-profit organization participating in the development, implementation, and/or operation of resources and/or activities awarded through this grant are compelled to complete training programs consistent with the NIMS National Standard Curriculum Development Guide. Minimum training includes IS -700 NIMS: An Introduction. D. Sub -recipients are responsible for keeping a copy of the 501(c)(3) registration number or IRS Letter of Recognition of Sub -grantees on file. Those Sub -recipients who submitted investment justifications, subsequently selected for award, by non-profit organizations which do not hold or have not formally applied for a 501(c)(3) registration number, are responsible for maintaining an affidavit and/or other indicia certifying or verifying their 501(c)(3) compliance on file for review by DHS, in accordance with the FY 2008 UASI NSGP Q&A Part 2. E. FY 2008 UASI NSGP allowable equipment costs include only the two Authorized Equipment List (AEL) categories identified in the FY 2008 UASI HSGP Program Guidance and Application Kit. These categories are 1) Physical Security Enhancement Equipment, and 2) Inspection and Screening Systems. All allowable equipment costs must fall within these two categories. Interoperable communications equipment, aesthetic enhancement, including business, shrubs, or flowers, general -use vehicles, or related general -use equipment is prohibited under this grant program if it does not fall within one of the two previously identified AEL categories. Additionally, any costs associated with exercises are strictly prohibited. All other training and management and administrative (M&A) costs must be in accordance with the FY 2008 UASI NSGP Program Guidance and Application Kit, Information Bulletin Number 252, and the FY 2008 NSGP FAQs, Parts 1 and 2. F. The Sub -recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U. S. Department of Homeland Security." Interoperable Communication Project Compliance 1. Before a local jurisdiction may submit a project for consideration by the State, a preliminary review must be done at the regional level by the Communications Committee or some similar group of the appropriate Council of Govemments, Development Council or Planning Council. (Where possible, reviewers should represent a cross- . section of the communications community and include representatives from cities, counties and Tribes where appropriate; conventional and trunked systems, and VHF, UHF, 700 MHz, 800 MHz and 900 MHz systems.) Jurisdictions must have baseline information (towers and POC/name) entered into CASM to show the jurisdictions' commitment to adhere to the SCIP. Projects that are deemed to satisfactorily meet the State's Plan will be submitted to the State for formal review. National Incident Management System (NIMS) and the Incident Command System (ICS) Sub -recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. NIMS compliance for 2008 must be achieved by completing actions outlined in the NIMS Implementation Matrix. A. Adoption. The jurisdiction or organization must have formally adopted NIMS as its incident management system through ordinance, court order, or resolution. A copy of the adoption document should be provided to the Preparedness Section of the Division of Emergency Management. 4 B. Implementation. The jurisdiction or organization must be implementing the principles and policies of NIMS/ICS, including these major requirements: 1. Identifying specific NIMS training requirements for local emergency responder and emergency management positions; then obtaining or providing required training, and documenting it. For further information on NIMS training, see: http://www.fema.gov/emergency/nims/nims traininq.shtm 2. - Updating jurisdiction or organization emergency plans and procedures to address the NIMS/ICS organizational structure, major functions, concepts, policies, and procedures. 3. Utilizing NIMS/ICS for day-to-day all -hazard emergency response and during exercises. 4. Participating in local, regional, or intrastate mutual aid programs. 5. Maintaining an inventory of emergency response assets (Texas Regional Resource Network), and identifying key assets by resource typing standards developed by FEMA to facilitate multi -agency response. For resource typing information, see: http://www.fema.qov/emergencv/nims/rm/rt.shtm. This is accomplished by registering with the Texas Regional Resource Network (TRRN) and updating the information regularly. Additionally, a certification form must be on file with GDEM for every county and local jurisdiction. 6. Complete the MMS baseline assessment and develop a local NIMS implementation plan. 7. Participate in an all -hazard exercise program based on NIMS that involves responders from multiple disciplines and multiple jurisdictions. 8. All Primary jurisdictions must possess an independent NIMSCAST account. For a more detailed description of these requirements, as well as other NIMS implementation requirements, see http://www.fema.gov/pdf/emergencv/nims/imp mtrx states.pdf FY 08 NIMS implementation requirements must be completed by January 31, 2009. Other Requirements (These requirements DO NOT apply to NSGP Sub -recipients) A. During the performance period of this grant, Sub -recipients must maintain an emergency management plan at the Intermediate Level of planning preparedness or higher, as prescribed by 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 GDEM identifies deficiencies in the Sub -recipient's plan, Sub - recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from GDEM. B. Projects identified in the SAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable 12 approved project investments for the period of performance of the grant. C. During the performance period of this grant, Sub -recipient agrees that it will participate in a legally -adopted county and/or regional mutual aid agreement. D. During the performance period, the Sub -recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. E. Sub -recipients must submit Fiscal Year 2008 Indirect Cost Allocation Plan signed by Cognizant Agency. Plan should be forwarded to the SAA along with the Planning and Administration Grant Budget Form. F. Council of Governments (COG) will follow guidelines listed in the FY 08 COG Statement of Work. G. Up to 15% of the program funds for SHSP, UASI and LETPP may be used to support the hiring of full or part-time personnel to conduct program activities that are allowable under the FY 2007 HSGP (i.e., planning, training program management, exercise program management, etc) The ceiling on personnel costs does not apply to contractors, and is in addition to eligible management and administrative (M&A) costs and eligible hiring of intelligence analysts. Sub -recipients may hire staff only for program management functions, not operational duties. Hiring planners, training program coordinators, exercise managers, and grant administrators fall within the scope of allowable program management functions. H. The State's 24 planning regions are voluntary associations of local governments organized pursuant to state law as regional planning commissions, councils of government, development councils, and area councils. It is recognized that one of the major functions of state planning regions as homeland security grant Sub -recipients is to perform a wide variety of planning and some program administration for both their region and on behalf of the cities and counties within the region that may also be homeland security grant Sub -recipients. 5 Closing The Grant A. The Sub -recipient must have all equipment ordered by January 15, 2011.The last day for submission of invoices is March 15,-2011. B. GDEM/SAA will close a sub -award after receiving Sub -recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub -recipient is owed additional funds, GDEM/SAA will send the final payment automatically to the Sub - recipient. If the Sub -recipient did not use all the funds received, GDEM/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. C. GDEM/SAA will unilaterally close out this grant if sub recipient does not reconcile account and sign closeout GAN by May 31 20 , 11. Restrictions, Disclaimers and Notices A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by GDEM/SAA prior to obligation or expenditure of such funds. B. In cases where local funding is established by COGs, release of funds by GDEM is contingent upon regional funding allocation approval by the Sub -recipient's COG governing board. C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub -recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub -recipient Award. D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day. Chief Division of Emergency Management Homeland Security Office of the Governor PO Box 4087 Austin, TX 78773-0220 Uniform Administrative Requirements, Cost Principals, Audit Requirements and Program Income Except as specifically modified by law or this Sub -recipient agreement's provisions, the Sub -recipient shall administer the award through compliance with all Applicable Laws and Regulations, Exhibit A, but specifically with: A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations. B. Cost Principles 1. 2C.F.R. Part 225, Cost Principles for State, Local and Tribal Govemments 2. 2C.F.R. Part 220, Cost Principals for Education Institutions 3. 2C.F.R. Part 230, Cost Principles for Non -Profit Organizations 4. Federal Acquisition Regulation Subpart 31.2, Contracts with Commercial Organizations C. Audit Requirements — OMB Circular A-133, Audits of States, Local Govemments and Non -Profit Organizations. 6 Retention And Accessibility Of Records A. Retention of Records. The Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub -recipient agreement funds pursuant to OMB Circular A-87, 44 C.F.R. § 13.42 and this Sub -recipient agreement. The Sub -recipient shall retain these records and any supporting documentation for the greater of three (3) years from the completion of this project's public objective (close of the Sub -recipient agreement), including program requirements and financial obligations, or the period of time required by other applicable laws and regulations as described in Exhibit A. B. Access to Records. The Sub -recipient shall give the United States Department of Homeland Security (DHS), the Inspector General, the General Accounting Office, the Auditor of the State of Texas, GDEM, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub -recipient pertaining to this Sub -recipient agreement including records concerning the past use of HSGP funds. Such rights to access shall continue as long as the records are retained by the Sub -recipient. The Sub -recipient agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act, Chapter 552, Texas Government Code. C. Inclusion in Subcontracts. The Sub -recipient shall include the substance of this Section in all subcontracts. Subcontracts A. GDEM's Approval of Subcontract and Liability. The Sub -recipient may subcontract for performances described in this Sub -recipient agreement without obtaining GDEM's prior written approval. B. Sub -recipient Liability. In no event shall any provision of this Section be construed as relieving the Sub -recipient of the responsibility for ensuring that the performances rendered under all subcontracts comply with all of this Sub -recipient agreement's terms as if such performances rendered were rendered by the Sub -recipient. GDEM's approval under this Section does not constitute adoption, ratification or acceptance of the Sub -recipient's or a subcontractor's performance. C. Applicable Law. The Sub -recipient shall comply with 44 C.F.R. § 13.1-13.52 and all applicable federal and state laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this Sub - recipient agreement. D. Escrow Retainaqe for Construction Contracts. GDEM shall require Sub -recipient to maintain an escrow retainage of the Sub -recipient agreement funds budgeted for construction and rehabilitation in the amount of five percent (5%) of each construction and/or rehabilitation subcontract entered into by the Sub -recipient. Before the retainage fees for construction contracts are released, GDEM shall receive a complete and executed Certificate of Construction Completion and Final Wage Compliance Report and the Sub -recipient shall certify it has received as -built plans for this Sub -recipient agreement's funded construction activities. Legal Authority A. Signatory Authority. The Sub -recipient assures and guarantees that the Sub -recipient possesses the legal authority to enter into this Sub -recipient agreement, receive Sub -recipient agreement funds and to perform the services the Sub - recipient has obligated itself to perform pursuant to this Sub -recipient agreement. B. Authorized Representative. The person or persons signing and executing this Sub -recipient agreement on the Sub - recipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub -recipient to execute this Sub -recipient agreement on the Sub -recipient's behalf and to validly and legally bind the Sub -recipient to all contractual terms, performances and provisions. Notice Of Litigation and Claims The Sub -recipient shall give GDEM immediate notice in writing of: 1. any action, including any proceeding before an administrative agency, filed against the Sub -recipient arising out the performance of any subcontract under this Sub -recipient agreement; and 7 2. any claim against the Sub -recipient, the cost and expense of which the Sub -recipient may be entitled to be reimbursed by HSGP. Except as otherwise directed by GDEM, the Sub -recipient shall furnish immediately to GDEM copies of all documentation received by the Sub -recipient with respect to such action or claim. Indemnification To the extent permitted by law, the Sub -recipient agrees to hold GDEM harmless and to indemnify GDEM from and against any and all claims, demands and causes of action of every kind and character that may be asserted by any party occurring or in any way incident to, arising out of or in connection with the services to be performed by the Sub -recipient pursuant to this Sub -recipient agreement. Changes and Amendments A. Written Amendment. Except as specifically provided otherwise in this Sub -recipient agreement, any alterations, additions or deletions to this Sub -recipient agreement's terms shall be made through Grant Adjustment Notices generated by the SAA web -based grants management system and executed by the Parties. B. Authority to Amend. This Sub -recipient agreement's performances shall be rendered in accordance with the Act, Exhibit A, the assurances and certifications. made to GDEM by the Sub -recipient and the assurances and certifications made to DHS by the State of Texas with regard to the operation of the HSGP. Amendments may further be amended by GDEM, during the period of this Sub -recipient agreement's performance as GDEM issues policy directives that serve to establish, interpret or clarify this Sub -recipient agreement's performance requirements. Such policy directives shall be promulgated by GDEM in the form of Information Bulletins and shall have the effect of qualifying this Sub -recipient agreement's terms and shall be binding upon the Sub -recipient as if written in the Sub -recipient agreement. C. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Sub -recipient agreement's terms that are required by the changes in federal and state laws or regulations are automatically incorporated into this Sub -recipient agreement without written amendment to this Sub -recipient agreement and shall become effective on the date designated by such law or regulation. Federal Emergency Management Agency (FEMA) periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers. FEMA's National Preparedness Directorate Information Bulletins can be accessed at http://www.oip.usdoi.gov/odo/docs/bulletins.htm and are incorporated by reference into this sub -grant. Headings Headings and captions of this Sub -recipient agreement's sections and paragraphs are only for convenience and reference. These headings and captions shall not affect or modify this Sub -recipient agreement's terms or be used to interpret or assist in the construction of this Sub -recipient agreement. Oral and Written Agreements A. Prior Agreements. All oral and written agreements between the Parties relating to this Sub -recipient agreement's subject matter that were made prior to Date of Execution have been reduced to writing and are contained in this Sub - recipient agreement. B. Exhibits. The exhibits enumerated and denominated in the agreement are hereby made a part of this Sub -recipient agreement and constitute promised performances by the Sub -recipient in accordance with the Sub -recipient agreement and the Exhibits. C. Commissioner's Signature. This Sub -recipient agreement is not effective unless signed by the Chief of GDEM or by his authorized designee. Waiver Any right or remedy provided for in this Sub -recipient agreement provision shall not preclude the exercise of any other right or remedy under this Sub -recipient agreement or under any provision of law, nor shall any action taken or failure to take action in the exercise of any right or remedy be deemed a waiver of any other rights or remedies at any time. Venue For purposes of litigation pursuant to this Sub -recipient agreement, venue shall lie in Travis County, Texas. 8 EXHIBIT A THE APPLICABLE LAWS AND REGULATIONS The Sub -recipient shall comply with the Act and regulations specified in Section 2; OMB Circular A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovernmental review of federal programs); and 44 C.F.R, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Sub -recipients shall also comply with 2C.F.R. Part 215, Institutions of Higher Education, Hospitals and Other Non -Profit Organizations, 2C.F.R. Parts 225, State and Local Governments, Part 220, Educational Institutions; and Part 230, Non -Profit Organizations. Compliance with Federal Acquisition Regulation Sub -part 31.2, Contracts with Commercial organizations is required. Sub - recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub -recipient agreement's activities and performances rendered by the Sub -recipient including but not limited to the laws and the regulations promulgated hereunder and specified in State Administrative Agency Information Bulletins, Texas Uniform Grants Management Standards (UGMS) and Paragraph A through M of this Exhibit. A. CIVIL RIGHTS - Title VI of the Civil Rights Act of 1964, as amended. (42 U.S.C. § 2000d et seq.); (44 C.F.R. 7.1) http://www.access.gpo.gov/nara/cfr/waisidx 07/44cfr7 07.html B. HANDICAP AND ARCHITECTURAL BARRIERS - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); (44 C.F.R. 16.101) http://edocket.access.gpo.gov/cfr 2007/octgtr/44cfr16.101.htm ; The Sub -recipient shall ensure that the plans and specifications for construction of, improvements to, or the renovation of buildings, related to this project have been received by the Texas Department of Licensing and Regulation (TDLR) concerning the elimination of architectural barriers encountered by persons with disabilities as specified in Chapter 469, Texas Govemment Code. http://t1o2.tic.state.tx.us/statutes/ay.toc.htm C. ENVIRONMENTAL LAW AND AUTHORITIES - In accordance with the provisions of law cited in 44 C.F.R. § 10.8, the responsible entity shall assume the environmental responsibilities for projects under programs cited in §10.1, and in doing so shall comply with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on Environmental Quality regulations contained in 40 C.F.R. parts 1500 through 1508. http://www.access.gpo.gov/nara/cfr/waisidx 07/40cfr1501 07.html ; (44 C.F.R. 10.1) http://edocket.access.gpo.aov/cfr 2007/octgtr/44cfr10.1.htm D. LABOR STANDARDS - The Davis -Bacon Act, as amended (40 U.S.C. § 3142) http://uscode.house.gov/uscode- cqi/fastweb.exe?getdoc+uscview+t37t40+1733+1 ++%28%29%20%20AN D%20%28%2840%29%20ADJ%2OUSC%29%3AC ITE%20AND%20%28USC%20w%2F10%20%283142%29%29%3ACITE%20%20%20%20%20%20%20%20%20 ; The Contract Work Hours & Safety Standards Act (40 U.S.C.§ 3702) http://uscode.house.gov/uscode- cqi/fastweb.exe?getdoc+uscview+t37t40+1775+1 ++%28%29%20%20AND%20%28%2840%29%20ADJ%2OUSC%29%3AC ITE%20AND%20%28USC%20w%2F10%20%283702%29%29%3ACITE%20%20%20%20%20%20%20%20%20; The Copeland "Anti -Kickback" Act (18 U.S.C. § 874) http://uscode.house.gov/uscode- cq i/fa stove b .exe? q e tdo c+uscview+t 17t20+50 5+0++%28 %29 %2 0 %20A N D %2 0 %28 %2818 %29 %20A D J %2 0 U S C %29 %3AC I TE%20AND%20%28USC%20w%2F 10%20%28874%29%29%3ACITE%20%20%20%20%20%20%20%20%20 E. FREEDOM OF INFORMATION ACT— (5 U.S.C. 552); (44 C.F.R. 5.1) http://edocket.access.gpo.gov/cfr 2007/octqtr/44cfr5.1.htm F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 — If the Sub - recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and (Federal Assurance) - (42 U.S.C. 4601) http://www.access.qpo.qov/uscode/title42/chapter61 .html ; (44 C.F.R. 25.1) http://edocket.access.gpo.gov/cfr 2007/octgtr/44cfr25.1.htm G. FAITH -BASED ACTIVITIES - Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith - Based and Community Organizations, (67 Fed. Reg. 77141) http://a257.q . akamaitech. net/7/257/2422/14m a r20010800/edocket.access.gpo.gov/2002/pdf/02-31831. pdf H. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND THE INCIDENT COMMAND SYSTEM (ICS) — Sub - Recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. http://www.fema.gov/emergency/nims/nims trainina.shtm I. PROGRAM INCOME - If a Sub -recipient is approved for an advance, the funds must be deposited in a separate interest bearing account and are subject to the rules outlined in the Uniform Rule 28C.F.R. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at http://www.access.gpo.gov/nava/cfr/waisidx 04/28cfrv2 04.html and the Uniform Rule 28C.F.R. Part 70, Uniform Administrative Requirements for Grants and Agreements (including sub -awards) with Institutions of Higher Education, 9 Hospitals, and other Nonprofit Organizations, at http://www.access.gpo.gov/vara/cfr/waisidx 03/28cfr70 03.html . Sub - recipients must report any interest earned to GDEM/SAA. Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville, MD 20852 J. AUDITS - The Sub -recipient shall arrange for the performance of an annual financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub -recipient agreement under the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26) http://edocket.access.gpo.gov/cfr 2007/octgtr/44cfr13.26.htm. K. GRANT ADMINISTRATION - The Sub -recipient will also comply with Texas Government Code, Chapter 783, http://t1o2.tic.state.tx.us/statutes/gv.toc.htm; and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements,http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sI=T&app=9&p dir=N&p rloc=111847&p tloc=&p pl oc=1&pq=2&p tac=&ti=1&pt=1&ch=5&rI=141 Sub -recipients must also comply with 44,C.F.R., Part 13, http://www.access.gpo.gov/vara/cfr/waisidx 07/44cfr13 07.html; with 2C.F.R. Part 215 http://www.access.gpo.gov/nara/cfr/waisidx 08/2cfrv1 08.html#215, 2C.F.R. Part 225, Part 220 and Part 230. Parts 220 and 230 are not available on-line at this time. A link will be provided as soon as it becomes available. L. PROPERTY ADMINISTRATION — TAC Title 1, Part 5, Chapter 116, http:/fnfo.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac view=3&ti=1&pt=5 M. PUBLICATIONS — 44 C.F.R., Section 13.34 http://edocket.access.apo.gov/cfr 2007/octgtr/44cfr13.34.htm 1. Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases ownership with Federal support. The Recipient agrees to consult with NPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 2. The Sub -recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: This Document was prepared under a grant from the National Preparedness Directorate, United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not necessarily represent the official position or policies of U.S. Department of Homeland Security." 10 EXHIBIT B CERTIFICATIONS I, Alan McGraw as Mayor/F.(70 9)0 of Round Rock , Texas, hereinafter referred to as the "Sub -recipient," certify the following with respect to the expenditure of Sub -recipient agreement funds. A. The Sub -recipient shall minimize displacement of persons as a result of activities assisted with Sub -recipient agreement funds. B. The program shall be conducted and administered in conformity with the Civil Rights Act of 1964 (42 U.S.C. § 2000a et seq.) C. As specified by GDEM and FEMA, in the event that displacement of residential dwellings shall occur in connection with a project assisted with HSGP funds, the Sub -recipient shall follow a residential anti -displacement and relocation assistance plan. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The Sub -recipient 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; Sub -recipients can access debarment information by going to www.epls.gov and the State Debarred Vendor List http://www.window.state.tx.uslorocurement/prop/vendor oerformance/debarred/. 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 govemmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) 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; and 5. 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) E. Sub -recipient understands and certified that it will not 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. F. The Sub -recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub -recipient 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. Chief Elected Official, Mayodftrm r}9 li Date 11 EXHIBIT C CERTIFICATION REGARDING LOBBYING FOR SUB -RECIPIENT AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned, Alan McGraw as Mayor/hof the Round Rock , Texas certifies the following to the best of his knowledge and belief. A. No federal appropriated funds have been paid or shall be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal Sub -recipient agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any federal Sub -recipient agreement, grant, loan or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or shall 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 Sub -recipient agreement grant, loan or cooperative agreement, the undersigned shall complete and submit standard form Disclosure Form to Report Lobbying form in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards including sub -contracts, sub -grants and Sub -recipient agreements under grants, loans, and cooperative agreements and that all Sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon that reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.0 § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Chief Elected Official, Mayorg&XIMAIEUX Date 12 Enclosure 1 FY 2008 INVESTMENTS APPROVED BY DHS State Investments 2. Improve Communication Interoperability 3. Public safety and Security Response 4. Intelligence and Information Sharing and Dissemination 5. Enhance State, Regional and Local EOCs 6. Enhance State, Regional and Local Planning 7. CBRNE Detection, WMD, Hazmat Response and Decon 8. On -Site Incident Management 9. Critical Infrastructure Protection 10. Community Preparedness & Emergency Public Information & Warning 11. Strengthen Medical Surge and Mass Prophylaxis 12. Reduce Threats to Agriculture & Enhance Emergency Response 13. Enhance Border Security Program 14. Tribal Investments Note: Highlighted investment is a multi -state project Austin Area UASI Investments 1. Austin Area Fusion Center 2. Planning and Coordination 3. Enhanced CBRNE/WMD Response Teams 4. Physical Security of Critical Infrastructure 5. Mobile Public Safety Communications 6. Mass Casualty Management Capacity Enhancement 7. Regional Community Preparedness and Resiliency 8. Public Safety Video and Data -Remote Video and Connectivity 9. Video X -Ray Technology for Bomb Squad 10. Mass Prophylaxis and Epidemiologic Surveillance 11. Cyber Security of Critical Infrastructure 12. Regional Air Enforcement Response 13. Traffic Light Battery Backup with PTZ Cameras 14 15. Note: Highlighted investments are multi-regional projects Dallas/Fort Worth/Arlington Area UASI Investments 1. 2. 3. 4. 5. ........... Regional Multi -Agency Intelligence Fusion Center and Data Sharing Critical Infrastructure Security Enhancement Enhance Command and Control At All Levels to Include Emergency Operation Center Functions 6. Enhance Explosive Ordnance Device Mitigation and Response Capability 7. Enhance Law Enforcement Capability to Respond to Terrorism Incidents and Catastrophic Events 8. Enhance CBRNE Response Capability Including HazMat and Specialized Fire Response 9. Enhance Search and Rescue Capability to Respond to Terrorism Incidents and Catastrophic Events 10. Enhance Medical Surge, Mass Prophylaxis, and Fatality Management Capability 11. Enhance Interoperable Communications 12. Enhance Early Warning and Notification Systems 13. Public Outreach Programs, Citizen Corps, and Citizen Preparedness 14. Regional and Urban Area Planning Enclosure 1 (Continued) El Paso Area UASI Investments 1 2 3. El Paso Urban Area Regional Mobile Command Post Project 4. Purchase and Logistical Support for Regional Self Contained Breathing Apparatus Project 5. El Paso-UASI/Region-08 P25 Interoperability Communications Project; Stage I- Phase IIIA. 6. Ready El Paso Volunteer Campaign 7. Coordinated efforts to protect Critical Infrastructure and Key Resources 8. Enhancing the El Paso All Hazards Incident Management Team 9. Explosive Device Detection and Response Operations 10. Planning and Coordination 11. Rio Grande Information & Intelligence Center 12. Regional Medical Operations Center (RMOC) Note: Highlighted investments are multi-regional projects Enclosure 1 (Continued) Houston Area UASI Investments 1. 2. 3. Citizen Preparedness, Public Outreach & Communication 4. Regional Planning & Coordination 5. Interoperable Communications 6. Prevention: Fusion Center & Regional AFIS 7. Protection: Public Safety Video & Target Hardening 8. Response: Enhance CBRNE Response Capability 9. Enhance Health & Medical Capabilities Regional Emergency Management Improvements San Antonio Area UASI Investments 1. 2. 3. Enhance Regional GIS Emergency Planning and Response Capabilities 4. Enhance Regional Critical Incident Management (IM) Capabilities 5. Strengthening IED Attack Deterrence, Prevention, and Protection Capabilities 6. Enhance Emergency Operations Center Operations & Connectivity 7. Sustain & Enhance SAUA First Responders and WMD Project 8. Enhance Regional Interoperability Communications (IOC) 9. Enhance Cl/KR Security Improvement Program 10. Enhance Citizen Preparedness and Response Capabilities 11. Reduce Vulnerability of Threats to Agriculture & Facilitate Emergency Response 12. Enhance Emergency Facility Capabilities Note: Highlighted investments are multi-regional projects C74-176 " (Rev.1-07l5) VENDOR DIRECT DEPOSIT AUTHORIZATION For Comptroller's use only Under Ch. 559, Govemment Code, you are entitled to review, request, and correct information we have on file about you, with limited exceptions in accordance with Ch. 552, Govemment Code. INSTRUCTIONS • Use only BLUE or BLACK ink. • Alterations must be initialed. TRANSACTION TYPE z Q H U w to • Check all appropriate box(es). • For further instructions, see the back of this form. ❑ New setup ❑ Cancellation O Interagency transfer (Sections 2, 3 & 4) (Sections 2 & 3) (Sections 2, 3 & 4) o Change financial institution ❑ Change account number O Change account type (Sections 2, 3 & 4) (Sections 2, 3 & 4) (Sections 2, 3 & 4) PAYEE IDENTIFICATION N Z Q o Le co 1. Social Security number or 2. Mail code ((Ind known, will be completed byPayingState Agency) 1 0 1 0 1 0 1 Federal Employers Identification (FED 71 41 6 1 0 ) 1 1 7 1 4 1 8 1 5 3. Name City of Round Rock 4. Business phone number ( 512 ) 218-5400 5. Mailing address 221 E. Main Street 6. City Round Rock 7. State TX B. ZIP code 78664 AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION CO Z - 0 w cn 9. I authorize the Comptroller of Public Accounts to deposit my payments from the state of Texas to my financial institution electronically. I further understand that the Comptroller of Public Accounts will reverse any payments made to my account in error. I also agree to comply with the National Automated Clearing House Association's rules and the Texas Comptroller of Public Accounts' rules for electronic payments at all times. 10. Authorized signet .- 1 , V1/4-1 11. 11. Printed name S. Wilson 12. Dat I( ift,10 FINANCIAL INSTITUTION (Completion by financial institution is recomm NI- 0 U19. (wn 13. Financial institution name Bank of America 27. Printed name 14. City Austin 15. State TX 16. Routing transit number 1 1 1 1 1 1 1 0 1 1 0 1 0 1 0 1 2 1 1 5 1 17. Customer account number 1 0 1 0 1 4 1 7 1 9 1 5 1 8 (Dashes required 1 4 1 6 1 8 1 ■ YES) 1 I x188 Type of account tY� Checking 2 1 11 1 i 1 ■ Savings Representative name (Please print) Kathaleen Ford -Smith 20. Title Sr. Vice President 21. Representative signature (Optional) 22. Phone number ( 512 ) 397-2026 23. Date CANCELLATION BY AGENCY U w 03 24. Reason 25. Date PAYING STATE AGENCY (O Z Q P w 07 26. Signature 27. Printed name 28.Agency name 29. Agency number I I I I 30. Comments 31. Phone number ( 32. Date Note: A vendor can receive email or fax notifications providing one (1) business day advance notice of the payment posting to the vendor's account. The Advance Payment Notification is available to vendors receiving direct deposit payment(s) from the State of Texas. To enroll in this free service, complete the Advance Payment Notification Authorization, Form 74-193, available on the Internet at: htto://www.window.state.tx.us/taxinfo/taxforms/74-193.odf For additional information or assistance, please contact the Claims Division by: Email: claims.pin@cpa.state.tx.us Phone: 512/936-8138 in Austin or 800/531-5441 Ext. 6-8138 toll free INSTRUCTIONS FOR VENDOR DIRECT DEPOSIT AUTHORIZATION SECTION 1: Check the appropriate box(es) • NEW SETUP - If payee is not currently on direct deposit with the state. a. Complete Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. • CANCELLATION - If payee wishes to stop direct deposit with the state. a. Payee completes Sections 2 & 3. • CHANGE FINANCIAL INSTITUTION a. Payee completes Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. • CHANGE ACCOUNT NUMBER a. Payee completes Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. • CHANGE ACCOUNT TYPE a. Payee completes Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. SECTION 2: PAYEE IDENTIFICATION Item 1Leave the boxes blank if you do not have your 11 -digit Texas Identification Number. The paying state agency will provide the information in the boxes. Enter your 9 -digit Social Security number or your Federal Employer's Identi-fication (FEI) number. Item 2 If your 3 -digit mail code address identifier is not known, it will be assigned by the paying state agency. SECTION 3: AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATIONItems 10, 11 The individual authorizing must sign, print their name and date the form. & 12NOTE: No alterations in this section will be allowed. SECTION 4:FINANCIAL INSTITUTION Section 4 is recommended to be completed by a financial institution. NOTE: Alterations to routing, account number and/or type of account must be initialed by the financial institution representative or the payee. SECTION 5:CANCELLATION BY AGENCY (State agency use only) Sections 5 & 6 to be completed by the paying state agency. SECTION 6:PAYING STATE AGENCY (State agency use only) Section 6 to be completed by the paying state agency before the form can be processed. Submit the completed form to a state agency with which you are conducting business. This agency will be designated as your custodial agency. If the direct deposit instructions need to be updated or cancelled, you must contact this agency. Note: A vendor can receive email or fax notifications providing one (1) business day advance notice of the payment posting to the vendor's account. The Advance Payment Notification is available to vendors receiving direct deposit payment(s) from the State of Texas. To enroll in this free service, complete the Advance Payment Notification Authorization, Form 74-193, available on the Internet at: http://www.window.state.tx.us/taxinfo/taxforms/74-193.pdf For additional information or assistance, please contact the Claims Division by: Email: claims.pin@cpa.state.tx.us Phone: 512/936-8138 in Austin or 800/531-5441 Ext. 6-8138 toll free ECEIVE0 NOV 2 5 2008 The Honorable Alan McGraw Mayor, City of Round Rock 220 E. Main St. Round Rock, TX 78664 DATE: December 11, 2008 SUBJECT: City Council Meeting — December 18, 2008 ITEM: 7B1. Consider a resolution authorizing the Mayor to execute 2008 Sub - Recipient Agreement to accept of $223,322 in grant funds from the State of Texas Homeland Security Grant Program. Department: Police Staff Person: Bryan Williams, Chief of Police Rick White Justification: These grant funds from the U.S. Department of Homeland Security through the Governor's Office will be used by the City for three projects. First, the Fire Department will use $69,367 from the State Homeland Security Program to purchase a Portable Gas and Vapor Identifier (GasID) for use in responding to Chemical, Biological, Radiological/Nuclear, and Explosive (CBRNE) incidents. This project will benefit the City of Round Rock Fire Department, the Williamson County Hazardous Materials Response Team, and four regional teams established to respond to Chemical, Biological, Radiological/Nuclear, and Explosive (CBRNE) incidents. The city would own and maintain this equipment but be required to make it available for use by these other entities in major incidents. Funds totaling $153,955 from the Urban Area Security Initiative (UASI) and the UASI Law Enforcement Program will be used by the Police Department to hire and equip an analyst to work in an intelligence "fusion center" under development by a regional partnership led by the City of Austin. A fusion center generally can be described as a multi -agency center in which personnel from multiple agencies leverage their singular intelligence -gathering and dissemination efforts by co -locating and sharing resources. These programs provide slightly more than $100,000 for salaries and benefits, with the balance funding travel, training, equipment, and other services. Although these are federal funds, they are being "passed through" the Governor's Office to the City. The award of these funds from the three programs is being handled as a single grant sub -recipient agreement with the State of Texas. Funding: Cost: N/A Source of funds: N/A Outside Resources: None Background Information: Early this year, Austin and Round Rock were added to a federal list of cities considered to be at high risk of terrorist attack. That designation by the U.S. Department of Homeland Security made the area eligible to apply for funds under the Urban Areas Security Initiative (UASI) program. Agencies within the area collaborated to develop a proposal that resulted in $1,822,000 in total funding for the 2008-09 fiscal year. Public Comment: None EXECUTED DOCUMENT FOLLOWS Governor's Division of Emergency Management Date of Award November 18, 2008 2008 Sub -Recipient Agreement for City of Round Rock 1. Sub -Recipient Name and Address 2. Prepared by: Seals, Freddie 3. SAA Award Number: 08 -SR 63500-01 4. Federal Grant Information Mayor Alan McGraw City of Round Rock 221 E. Main St. Round Rock, TX 78664 Federal Grant Title: Homeland Security Grant Program Federal Grant Award Number: 2008 -GE -T8-0034 Date Federal Grant Awarded to GDEM: September 1, 2008 Federal Emergency Management Federal Granting Agency: Agency National Preparedness Directorate 5• Award Amount and Grant Breakdowns Total Award Note: Additional Budget Sheets (Attachment A): Yes No Amount $223,322.00 SHSP 97.073 SHSP-LEAP 97.073 UASI 97.008 UASI-LEAP 97.008 CCP 97.053 MMRS 97.071 $69,367.00 $0.00 $132,565.00 $21,390.00 $0.00 $0.00 This award supersedes all previous awards. Performance Period: Sep 1, 2008 to Jan 15, 2011 6. Statutory Authority for Grant: This project is supported under Public Law 110-161, the Department of Homeland Security Appropriations Act of 2008. 7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of invoices. 8. Debarment/Suspension Certification: The Sub -Recipient certifies that the subgrantee and its' contractors/vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http://www.epls.gov. 9: Agency Approval Approving GDEM Official: Jack Colley, Chief Division of Emergency Management Office Signature of GDEM Official: of the Governor - 10. Sub -Recipient. Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub -Recipient official: Alan McGraw, Mayor City of Round Rock, Texas Signature of Sub -Recipient Official: Ce y' /—. 1/1 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 74-6017485 12. Date Signed : 1 1•L.1 1, Q.� 7J 13. DUE DATE: January 2, 2009 Signed award and Direct Deposit Form (if applicable) must be returned to GDEM on or before the above due date. TERMS AND CONDITIONS Parties to Sub -recipient Agreement This Sub -recipient agreement is made and entered into by and between the Governor's Division of Emergency Management/State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "GDEM," and the funds recipient, hereinafter referred to as the "Sub -recipient." Furthermore, GDEM and the Sub -recipient are collectively hereinafter referred to as the "Parties." By this Sub -recipient agreement's execution, the Parties have severally and collectively agreed to be bound to the mutual obligations and to the performance and accomplishment of the tasks described in this Sub -recipient agreement. The Sub -recipient Agreement is only an offer until the Sub -recipient returns the signed copy of the 2008 Sub -recipient Agreement in accordance with the date provided in the transmittal letter and in the agreement. Sub -recipient Purpose and Overview A. Purpose and Overview. Sub -grant funds provided shall be used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of manmade, natural disasters and acts of terrorism. The Sub -recipient 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 (UASI) Strategies. The funds must be used to conform with the State Homeland Security Strategic Plan, follow the projects outlined in the approved investment justifications used to make the FY 2008 grant application and as described in the federal program guidelines found at www.fema.qov/pdf/governmenUprant/hsgp/fy08 hsgp quide.pdf. Further, as outlined in the 2008 grant guidance, 2008 HSGP will focus on three objectives as the highest priorities. These three objectives are: 1. Measuring progress toward achieving the National Preparedness Guidelines; 2. Strengthening improvised explosive device (IED) attack deterrence, prevention, and protection capabilities; and 3. Strengthening preparedness planning. At least 25 percent of the total FY 2008 HSGP funding must be dedicated toward enhancing capabilities related to objectives 2 and 3 as identified above. The 25 percent requirement applies to the total award amount for each State across all four programs, not individual awards for SHSP, UASI, MMRS, and CCP. B. Standard of Performance. The Sub -recipient shall perform all activities and projects entered into the SAA web - based grants management system approved by its Council of Governments (COG) and by the State Administrative Agency (SAA). The Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Sub -recipient agreement and the: 1. Applicable Laws and Regulations, hereinafter referred to as "Exhibit A"; 2. Certifications, hereinafter referred to as "Exhibit B"; and 3. Certification Regarding Lobbying for Sub -recipient Agreements, Grants, Loans, and Cooperative Agreements, hereinafter referred to as "Exhibit C". C. Failure to Perform. In the event the Sub -recipient fails to implement the project(s) entered into The SAA web - based grants management system, or comply with any of this Sub -recipient agreement's provisions, in addition to the remedies specified in this Sub -recipient agreement, the Sub -recipient is liable to GDEM for an amount not to exceed the award amount of this Sub -recipient agreement and may be barred from applying for or receiving additional Homeland Security Grant Program funds or any other federal program funds administered by GDEM until repayment to GDEM is made and any other compliance or audit finding is satisfactorily resolved. GDEM Obligations A. Measure of Liability. GDEM shall be liable for actual and reasonable costs incurred by the Sub -recipient during the Sub -recipient agreement period for performances rendered under this Sub -recipient agreement by the Sub -recipient, subject to the limitations set forth in this Section: GDEM shall not be liable to the Sub -recipient for any costs incurred by the Sub -recipient that are not allowable costs. B. Sub -recipient Agreement Funds Defined and Limit of Liability. The term "Sub -recipient agreement funds" as used in this Sub -recipient agreement means funds provided by GDEM under the HSGP program. The term "Sub -recipients funds" or match funds as used in this Sub -recipient agreement means funds provided by the Sub -recipient. Notwithstanding any other provision of this Sub -recipient agreement, the total of all payments and other obligations incurred by GDEM under this Sub -recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub -recipient agreement. 1 C. Excess Payments. The Sub -recipient shall refund to GDEM any sum of Sub -recipient agreement funds that has been paid to the Sub -recipient by GDEM or that GDEM determines has resulted in overpayment to the Sub -recipient that GDEM determines has not been spent by the Sub -recipient in accordance with this Sub -recipient agreement. No refund payment(s) may be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub -recipient shall make such refund to GDEM within thirty (30) days after GDEM requests such refund. Suspension Notwithstanding the provisions of Chapter 2251, Texas Government Code, in the event the Sub -recipient fails to comply with any of this Sub -recipient Agreement's terms, GDEM may, upon written notification to the Sub -recipient, suspend this Sub -recipient agreement in whole or in part, withhold payments to the Sub -recipient and prohibit the Sub -recipient from incurring additional obligations of Sub -recipient agreement funds. Termination A. GDEM's Right to Terminate. GDEM shall have the right to terminate this Sub -recipient agreement, in whole or in part, at any time before the end of the Performance Period, whenever GDEM determines that the Sub -recipient has failed to comply with any of this Sub -recipient agreement's terms. GDEM shall notify the Sub -recipient in writing prior to the thirtieth (30`h) day preceding the termination of such determination and include: 1. the reasons for such termination; 2. the effective date of such termination; and 3. in the case of partial termination, the portion of the Sub -recipient agreement to be terminated. B. Parties' Right to Terminate. In addition to GDEM's right to terminate specified in Subsection A of this section, both Parties shall have the right to terminate this Sub -recipient agreement, in whole or in part, when the Parties agree that the continuation of the activities funded under this Sub -recipient agreement would not produce beneficial results commensurate with the further expenditure of Sub -recipient agreement funds. The Parties shall agree, in writing, upon the termination conditions, including the effective date of termination and in the case of partial termination, the portion of the Sub -recipient agreement to be terminated. Conflict of Interest A. Financial Interest Prohibited. A conflict of interest may arise when the employee, officer or agent; any member of his or her immediate family; his or her partner; or, any organization that employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform a subcontract pursuant to this Sub -recipient agreement. The Sub -recipient shall ensure that no employee, officer, or agent of the Sub -recipient shall participate in the selection, in the award or administration of a subcontract supported by Sub -recipient agreement funds pursuant to this Sub -recipient agreement and comply with Chapter 171, Texas Local Government Code. B. Other Prohibited Interests. In all cases not governed by Subsection A of this Section and except for eligible administrative or personnel costs, no person who is an employee, agent, consultant, officer, elected official, appointed official of the Sub -recipient or of a subcontractor of the Sub -recipient, in Subsection C of this Section who exercises or have exercised any functions or responsibilities with respect to the activities assisted under this Sub -recipient agreement or any other HSGP Sub -recipient agreement who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, have an interest in or benefit from the activity or have any interest in any Sub -recipient agreement, subcontract or agreement with respect to the activities or the proceeds either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. C. Inclusion in Subcontracts. The Sub -recipient shall include the substance of this Section in all subcontracts. Monitoring GDEM reserves the right to perform periodic on-site monitoring of the Sub -recipient's compliance with this Sub -recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub -recipient's performance pursuant to this Sub -recipient agreement. After each monitoring visit, GDEM shall provide the Sub -recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub -recipient's performance under this Sub -recipient agreement's terms, the monitoring report shall include requirements for the timely correction of such deficiencies by the Sub -recipient. Failure by the Sub -recipient to take action specified in the monitoring report may be cause for this Sub - recipient agreement's suspension or termination pursuant to Sections on the Suspension and/or Termination above. Audit 2 A. Audit of Federal and State Funds. The Sub -recipient shall arrange for the performance of an annual financial and compliance audit of Sub -recipient agreement funds received and performances rendered under this Sub -recipient agreement under the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub - recipient will also comply with Texas Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements. B. GDEM's Right to Audit. Notwithstanding Subsection A of this Section, GDEM reserves the right to conduct a financial and compliance audit of Sub -recipient agreement funds received and performances rendered under this Sub -recipient agreement. The Sub -recipient agrees to permit GDEM or its authorized representative to audit the Sub -recipient's records and to obtain any documents, materials or information necessary to facilitate such audit. C. Sub -recipient's Liability for Disallowed Costs. The Sub -recipient understands and agrees that it shall be liable to GDEM for any costs disallowed pursuant to financial and compliance audit(s) of Sub -recipient agreement funds. The Sub -recipient further understands and agrees that reimbursement to GDEM of such disallowed costs shall be paid by the Sub -recipient from funds that were not provided or otherwise made available to the Sub -recipient pursuant to this Sub - recipient agreement or any other federal contract. D. Sub -recipient's Facilitation of Audit. The Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as GDEM may require of the Sub -recipient. E. State Auditor's Office. The Sub -recipient understands that acceptance of Sub -recipient agreement funds acts as acceptance of the authority of the State Auditor's Office or any successor agency to conduct an audit or investigation in connection with these funds. The Sub -recipient further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The Sub -recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub - recipient and the requirement to cooperate is included in any subcontract it awards. For FY 2008, the NIMSCAST will be the required means to report NIMS compliance for FY 2009 preparedness award eligibility. All State and Territory direct preparedness Sub -recipients will be required to submit their compliance assessment via the NIMSCAST by January 31, 2009. The State or Territory department/agency awardee reserves the right to determine compliance reporting requirement of their sub-awardees (locals) in order to disperse funds at the local level. Reimbursement Sub -recipient agrees to make no request for reimbursement prior to return of this agreement signed by the authorized Sub -recipient representative. Sub -recipient also agrees to make no request for reimbursement for goods or services procured by Sub -recipient prior to the performance period start date of this agreement. A. Request for Advance or Reimbursement. The Sub -recipient shall submit to GDEM, a properly completed Local Purchase Submission Cover Sheet as often as actually needed. GDEM retains the authority to approve or deny amount requested and shall not make disbursement of any such payment until GDEM has reviewed and approved such a request. The Local Purchase Submission Cover Sheet shall be supported by documentation as referenced by the SAA web -based grants management system and subsequent policy updates. B. Request for Advance Funds and Transfer of Funds. The Sub -recipient's requests for an advance of Sub -recipient agreement funds shall be limited to the minimum amounts needed for effective operation of their project(s) under this Sub - recipient agreement and shall be timed as closely as possible to be in accord with actual cash requirements. The Sub - recipient shall establish procedures to minimize the time elapsing between the transfer of funds from GDEM to the Sub - recipient and shall ensure that such funds are disbursed within fifteen (15) days or as soon as administratively possible. C. Payment Contingent. Notwithstanding the provisions of Subsection A of this Section, payments under this Sub - recipient agreement are contingent upon the Sub -recipient's performance of its contractual obligations. Urban Areas Security Initiative (UASI) Grants A. If the Sub -recipient is a participant in a UASI program, during the performance period of this grant, Sub -recipient agrees to adhere to the UASI strategy, goals, objectives, and implementation steps. 3 B. Sub -recipient agrees that, during the performance period of this grant, all communications equipment purchases must be reviewed and approved by the Regional Interoperable Communications Committee and the UASI points of contact (voting members), if applicable. UASI Non -Profit Security Grant Program (NSGP) A. The Sub -recipient agrees that all allocations, uses of funds, and other associated program and administrative requirements under this grant will be in accordance with the Fiscal Year (FY) 2008 UASI Non -Profit Security Grant Program (NSGP) Program Guidance and Application Kit, Information Bulletin number 252, and the FY 2008 UASI NSGP Frequently Asked Questions (FAQs) Parts 1 and 2. All grant Sub -recipients are assumed to have read, understood, and accepted the FY 2008 UASI NSGP Program Guidance and Application Kit, Information Bulletin Number 252 and the FAQs as binding. B. Sub -recipients must meet a 75 percent Federal -25 percent Sub -recipient soft match requirement. Sub -recipient contributions must be from non -Federal sources. For all costs other than training, the Sub -recipients match may be met through cash, training investments related to use of allowable equipment purchased with the grant, or training investments related to general purpose security and emergency preparedness for staff. In the case of training projects, awardees must meet the matching requirement through cash. In no event can regular personnel costs such as salary, overtime, or other operational costs unrelated to training be used to satisfy the matching requirement. C. Non-governmental organization Sub -recipients are required to meet certain National Incident Management System (NIMS) compliance requirements. All emergency preparedness, response, and/or security personnel in the non-profit organization participating in the development, implementation, and/or operation of resources and/or activities awarded through this grant are compelled to complete training programs consistent with the NIMS National Standard Curriculum Development Guide. Minimum training includes IS -700 NIMS: An Introduction. D. Sub -recipients are responsible for keeping a copy of the 501(c)(3) registration number or IRS Letter of Recognition of Sub -grantees on file. Those Sub -recipients who submitted investment justifications, subsequently selected for award, by non-profit organizations which do not hold or have not formally applied for a 501(c)(3) registration number, are responsible for maintaining an affidavit and/or other indicia certifying or verifying their 501(c)(3) compliance on file for review by DHS, in accordance with the FY 2008 UASI NSGP Q&A Part 2. E. FY 2008 UASI NSGP allowable equipment costs include only the two Authorized Equipment List (AEL) categories identified in the FY 2008 UASI HSGP Program Guidance and Application Kit. These categories are 1) Physical Security Enhancement Equipment, and 2) Inspection and Screening Systems. All allowable equipment costs must fall within these two categories. Interoperable communications equipment, aesthetic enhancement, including business, shrubs, or flowers, general -use vehicles, or related general -use equipment is prohibited under this grant program if it does not fall within one of the two previously identified AEL categories. Additionally, any costs associated with exercises are strictly prohibited. All other training and management and administrative (M&A) costs must be in accordance with the FY 2008 UASI NSGP Program Guidance and Application Kit, Information Bulletin Number 252, and the FY 2008 NSGP FAQs, Parts 1 and 2. F. The Sub -recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U. S. Department of Homeland Security." Interoperable Communication Project Compliance 1. Before a local jurisdiction may submit a project for consideration by the State, a preliminary review must be done at the regional level by the Communications Committee or some similar group of the appropriate Council of Governments, Development Council or Planning Council. (Where possible, reviewers should represent a cross- . section of the communications community and include representatives from cities, counties and Tribes where appropriate; conventional and trunked systems, and VHF, UHF, 700 MHz, 800 MHz and 900 MHz systems.) Jurisdictions must have baseline information (towers and POC/name) entered into CASM to show the jurisdictions' commitment to adhere to the SCIP. Projects that are deemed to satisfactorily meet the State's Plan will be submitted to the State for formal review. National Incident Management System (NIMS) and the Incident Command System (ICS) Sub -recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. NIMS compliance for 2008 must be achieved by completing actions outlined in the NIMS Implementation Matrix. A. Adoption. The jurisdiction or organization must have formally adopted NIMS as its incident management system through ordinance, court order, or resolution. A copy of the adoption document should be provided to the Preparedness Section of the Division of Emergency Management. 4 B. Implementation. The jurisdiction or organization must be implementing the principles and policies of NIMS/ICS, including these major requirements: 1. Identifying specific NIMS training requirements for local emergency responder and emergency management positions; then obtaining or providing required training, and documenting it. For further information on NIMS training, see: http://www.fema.qov/emergency/nims/nims traininq.shtm 2. Updating jurisdiction or organization emergency plans and procedures to address the NIMS/ICS organizational structure, major functions, concepts, policies, and procedures. 3. Utilizing NIMS/ICS for day-to-day all -hazard emergency response and during exercises. 4. Participating in local, regional, or intrastate mutual aid programs. 5. Maintaining an inventory of emergency response assets (Texas Regional Resource Network), and identifying key assets by resource typing standards developed by FEMA to facilitate multi -agency response. For resource typing information, see: http://www.fema.qov/emergency/nims/rm/rt.shtm. This is accomplished by registering with the Texas Regional Resource Network (TRRN) and updating the information regularly. Additionally, a certification form must be on file with GDEM for every county and local jurisdiction. 6. Complete the NIMS baseline assessment and develop a local NIMS implementation plan. 7. Participate in an all -hazard exercise program based on NIMS that involves responders from multiple disciplines and multiple jurisdictions. 8. All Primary jurisdictions must possess an independent NIMSCAST account. For a more detailed description of these requirements, as well as other NIMS implementation requirements, see http://www.fema.gov/pdf/emergency/nims/imp mtrx states.pdf FY 08 NIMS implementation requirements must be completed by January 31, 2009. Other Requirements (These requirements DO NOT apply to NSGP Sub -recipients) A. During the performance period of this grant, Sub -recipients must maintain an emergency management plan at the Intermediate Level of planning preparedness or higher, as prescribed by 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 GDEM identifies deficiencies in the Sub -recipient's plan, Sub - recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from GDEM. B. Projects identified in the SAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable 12 approved project investments for the period of performance of the grant. C. During the performance period of this grant, Sub -recipient agrees that it will participate in a legally -adopted county and/or regional mutual aid agreement. D. During the performance period, the Sub -recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. E. Sub -recipients must submit Fiscal Year 2008 Indirect Cost Allocation Plan signed by Cognizant Agency. Plan should be forwarded to the SAA along with the Planning and Administration Grant Budget Form. F. Council of Governments (COG) will follow guidelines listed in the FY 08 COG Statement of Work. G. Up to 15% of the program funds for SHSP, UASI and LETPP may be used to support the hiring of full or part-time personnel to conduct program activities that are allowable under the FY 2007 HSGP (i.e., planning, training program management, exercise program management, etc) The ceiling on personnel costs does not apply to contractors, and is in addition to eligible management and administrative (M&A) costs and eligible hiring of intelligence analysts. Sub -recipients may hire staff only for program management functions, not operational duties. Hiring planners, training program coordinators, exercise managers, and grant administrators fall within the scope of allowable program management functions. H. The State's 24 planning regions are voluntary associations of local governments organized pursuant to state law as regional planning commissions, councils of government, development councils, and area councils. It is recognized that one of the major functions of state planning regions as homeland security grant Sub -recipients is to perform a wide variety of planning and some program administration for both their region and on behalf of the cities and counties within the region that may also be homeland security grant Sub -recipients. 5 Closing The Grant A. The Sub -recipient must have all equipment ordered by January 15, 2011. The last day for submission of invoices is March 15 2011. B. GDEM/SAA will close a sub -award after receiving Sub -recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub -recipient is owed additional funds, GDEM/SAA will send the final payment automatically to the Sub - recipient. If the Sub -recipient did not use all the funds received, GDEM/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. C. GDEM/SAA will unilaterally close out this grant if sub recipient does not reconcile account and sign closeout GAN by May 31, 2011.' Restrictions, Disclaimers and Notices A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by GDEM/SAA prior to obligation or expenditure of such funds. B. In cases where local funding is established by COGs, release of funds by GDEM is contingent upon regional funding allocation approval by the Sub -recipient's COG governing board. C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub -recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub -recipient Award. D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day. Chief Division of Emergency Management Homeland Security Office of the Governor PO Box 4087 Austin, TX 78773-0220 Uniform Administrative Requirements, Cost Principals, Audit Requirements and Program Income Except as specifically modified by law or this Sub -recipient agreement's provisions, the Sub -recipient shall administer the award through compliance with all Applicable Laws and Regulations, Exhibit A, but specifically with: A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations. B. Cost Principles 1. 2C.F.R. Part 225, Cost Principles for State, Local and Tribal Governments 2. 2C.F.R. Part 220, Cost Principals for Education Institutions 3. 2C.F.R. Part 230, Cost Principles for Non -Profit Organizations 4. Federal Acquisition Regulation Subpart 31.2, Contracts with Commercial Organizations C. Audit Requirements — OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. 6 Retention And Accessibility Of Records A. Retention of Records. The Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub -recipient agreement funds pursuant to OMB Circular A-87, 44 C.F.R. § 13.42 and this Sub -recipient agreement. The Sub -recipient shall retain these records and any supporting documentation for the greater of three (3) years from the completion of this project's public objective (close of the Sub -recipient agreement), including program requirements and financial obligations, or the period of time required by other applicable laws and regulations as described in Exhibit A. B. Access to Records. The Sub -recipient shall give the United States Department of Homeland Security (DHS), the Inspector General, the General Accounting Office, the Auditor of the State of Texas, GDEM, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub -recipient pertaining to this Sub -recipient agreement including records concerning the past use of HSGP funds. Such rights to access shall continue as long as the records are retained by the Sub -recipient. The Sub -recipient agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act, Chapter 552, Texas Government Code. C. Inclusion in Subcontracts. The Sub -recipient shall include the substance of this Section in all subcontracts. Subcontracts A. GDEM's Approval of Subcontract and Liability. The Sub -recipient may subcontract for performances described in this Sub -recipient agreement without obtaining GDEM's prior written approval. B. Sub -recipient Liability. In no event shall any provision of this Section be construed as relieving the Sub -recipient of the responsibility for ensuring that the performances rendered under all subcontracts comply with all of this Sub -recipient agreement's terms as if such performances rendered were rendered by the Sub -recipient. GDEM's approval under this Section does not constitute adoption, ratification or acceptance of the Sub -recipient's or a subcontractor's performance. C. Applicable Law. The Sub -recipient shall comply with 44 C.F.R. § 13.1-13.52 and all applicable federal and state laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this Sub - recipient agreement. D. Escrow Retainage for Construction Contracts. GDEM shall require Sub -recipient to maintain an escrow retainage of the Sub -recipient agreement funds budgeted for construction and rehabilitation in the amount of five percent (5%) of each construction and/or rehabilitation subcontract entered into by the Sub -recipient. Before the retainage fees for construction contracts are released, GDEM shall receive a complete and executed Certificate of Construction Completion and Final Wage Compliance Report and the Sub -recipient shall certify it has received as -built plans for this Sub -recipient agreement's funded construction activities. Legal Authority A. Signatory Authority. The Sub -recipient assures and guarantees that the Sub -recipient possesses the legal authority to enter into this Sub -recipient agreement, receive Sub -recipient agreement funds and to perform the services the Sub - recipient has obligated itself to perform pursuant to this Sub -recipient agreement. B. Authorized Representative. The person or persons signing and executing this Sub -recipient agreement on the Sub - recipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub -recipient to execute this Sub -recipient agreement on the Sub -recipient's behalf and to validly and legally bind the Sub -recipient to all contractual terms, performances and provisions. Notice Of Litigation and Claims The Sub -recipient shall give GDEM immediate notice in writing of: 1. any action, including any proceeding before an administrative agency, filed against the Sub -recipient arising out the performance of any subcontract under this Sub -recipient agreement; and 7 2. any claim against the Sub -recipient, the cost and expense of which the Sub -recipient may be entitled to be reimbursed by HSGP. Except as otherwise directed by GDEM, the Sub -recipient shall furnish immediately to GDEM copies of all documentation received by the Sub -recipient with respect to such action or claim. Indemnification To the extent permitted by law, the Sub -recipient agrees to hold GDEM harmless and to indemnify GDEM from and against any and all claims, demands and causes of action of every kind and character that may be asserted by any party occurring or in any way incident to, arising out of or in connection with the services to be performed by the Sub -recipient pursuant to this Sub -recipient agreement. Changes and Amendments A. Written Amendment. Except as specifically provided otherwise in this Sub -recipient agreement, any alterations, additions or deletions to this Sub -recipient agreement's terms shall be made through Grant Adjustment Notices generated by the SAA web -based grants management system and executed by the Parties. B. Authority to Amend. This Sub -recipient agreement's performances shall be rendered in accordance with the Act, Exhibit A, the assurances and certifications made to GDEM by the Sub -recipient and the assurances and certifications made to DHS by the State of Texas with regard to the operation of the HSGP. Amendments may further be amended by GDEM, during the period of this Sub -recipient agreement's performance as GDEM issues policy directives that serve to establish, interpret or clarify this Sub -recipient agreement's performance requirements. Such policy directives shall be promulgated by GDEM in the form of Information Bulletins and shall have the effect of qualifying this Sub -recipient agreement's terms and shall be binding upon the Sub -recipient as if written in the Sub -recipient agreement. C. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Sub -recipient agreement's terms that are required by the changes in federal and state laws or regulations are automatically incorporated into this Sub -recipient agreement without written amendment to this Sub -recipient agreement and shall become effective on the date designated by such law or regulation. Federal Emergency Management Agency (FEMA) periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers. FEMA's National Preparedness Directorate Information Bulletins can be accessed at http://www.oip.usdoj.gov/odp/docs/bulletins.htm and are incorporated by reference into this sub -grant. Headings Headings and captions of this Sub -recipient agreement's sections and paragraphs are only for convenience and reference. These headings and captions shall not affect or modify this Sub -recipient agreement's terms or be used to interpret or assist in the construction of this Sub -recipient agreement. Oral and Written Agreements A. Prior Agreements. All oral and written agreements between the Parties relating to this Sub -recipient agreement's subject matter that were made prior to Date of Execution have been reduced to writing and are contained in this Sub - recipient agreement. B. Exhibits. The exhibits enumerated and denominated in the agreement are hereby made a part of this Sub -recipient agreement and constitute promised performances by the Sub -recipient in accordance with the Sub -recipient agreement and the Exhibits. C. Commissioner's Signature. This Sub -recipient agreement is not effective unless signed by the Chief of GDEM or by his authorized designee. Waiver Any right or remedy provided for in this Sub -recipient agreement provision shall not preclude the exercise of any other right or remedy under this Sub -recipient agreement or under any provision of law, nor shall any action taken or failure to take action in the exercise of any right or remedy be deemed a waiver of any other rights or remedies at any time. Venue For purposes of litigation pursuant to this Sub -recipient agreement, venue shall lie in Travis County, Texas. 8 EXHIBIT A THE APPLICABLE LAWS AND REGULATIONS The Sub -recipient shall comply with the Act and regulations specified in Section 2; OMB Circular A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovernmental review of federal programs); and 44 C.F.R, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Sub -recipients shall also comply with 2C.F.R. Part 215, Institutions of Higher Education, Hospitals and Other Non -Profit Organizations, 2C.F.R. Parts 225, State and Local Governments, Part 220, Educational Institutions; and Part 230, Non -Profit Organizations. Compliance with Federal Acquisition Regulation Sub -part 31.2, Contracts with Commercial organizations is required. Sub - recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub -recipient agreement's activities and performances rendered by the Sub -recipient including but not limited to the laws and the regulations promulgated hereunder and specified in State Administrative Agency Information Bulletins, Texas Uniform Grants Management Standards (UGMS) and Paragraph A through M of this Exhibit. A. CIVIL RIGHTS - Title VI of the Civil Rights Act of 1964, as amended. (42 U.S.C. § 2000d et seq.); (44 C.F.R. 7.1) http://www.access.gpo.gov/nara/cfr/waisidx 07/44cfr7 07.html B. HANDICAP AND ARCHITECTURAL BARRIERS - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); (44 C.F.R. 16.101) http://edocket.access.qpo.qov/cfr 2007/octgtr/44cfr16.101.htm ; The Sub -recipient shall ensure that the plans and specifications for construction of, improvements to, or the renovation of buildings, related to this project have been received by the Texas Department of Licensing and Regulation (TDLR) concerning the elimination of architectural barriers encountered by persons with disabilities as specified in Chapter 469, Texas Govemment Code. http://t1o2.tic.state.tx.us/statutes/gv.toc.htm C. ENVIRONMENTAL LAW AND AUTHORITIES - In accordance with the provisions of law cited in 44 C.F.R. § 10.8, the responsible entity shall assume the environmental responsibilities for projects under programs cited in §10.1, and in doing so shall comply with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on Environmental Quality regulations contained in 40 C.F.R. parts 1500 through 1508. http://www.access.gpo.gov/nara/cfr/waisidx 07/40cfr1501 07.html ; (44 C.F.R. 10.1) http://edocket.access.qpo.qov/cfr 2007/octgtr/44cfr10.1.htm D. LABOR STANDARDS - The Davis -Bacon Act, as amended (40 U.S.C. § 3142) http://uscode.house.gov/uscode- cqi/fastweb.exe?getdoc+uscview+t37t40+1733+1 ++%28%29%20%20AN D%20%28%2840%29%20ADJ%20USC%29%3AC ITE%20AN D%20%28USC%20w%2F 10%20%283142%29%29%3ACITE%20%20%20%20%20%20%20%20%20 ; The Contract Work Hours & Safety Standards Act (40 U.S.C.§ 3702) http://uscode.house.gov/uscode- cqi/fastweb.exe?getdoc+uscview+t37t40+1775+1 ++%28%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3AC ITE%20AND%20%28USC%20w%2F10%20%283702%29%29%3ACITE%20%20%20%20%20%20%20%20%20; The Copeland "Anti -Kickback" Act (18 U.S.C. § 874) http://uscode.house.gov/uscode- cqi/fastweb.exe?getdoc+uscview+t17t20+505+0++%28%29%20%20AN D%20%28%2818%29%20ADJ%20U SC%29%3AC I TE%20AN D%20%28USC%20w%2F 10%20%28874%29%29%3ACITE%20%20%20%20%20%20%20%20%20 E. FREEDOM OF INFORMATION ACT— (5 U.S.C. 552); (44 C.F.R. 5.1) http://edocket.access.qpo.qov/cfr 2007/octgtr/44cfr5.1.htm F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 — If the Sub - recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and (Federal Assurance) - (42 U.S.C. 4601) http://www.access.qpo.qov/uscode/title42/chapter61 .html ; (44 C.F.R. 25.1) http://edocket.access.qpo.qov/cfr 2007/octgtr/44cfr25.1.htm G. FAITH -BASED ACTIVITIES - Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith - Based and Community Organizations, (67 Fed. Reg. 77141) http://a257.q. akam aitech. n et/7/257/2422/14 m a r20010800/edocket.access.q po. q ov/2002/pdf/02-31831.pdf H. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND THE INCIDENT COMMAND SYSTEM (ICS) — Sub - Recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. http://www.fema.gov/emergency/nims/nims traininq.shtm I. PROGRAM INCOME - If a Sub -recipient is approved for an advance, the funds must be deposited in a separate interest bearing account and are subject to the rules outlined in the Uniform Rule 28C.F.R. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at http://www.access.gpo.gov/nara/cfr/waisidx 04/28cfrv2 04.html and the Uniform Rule 28C.F.R. Part 70, Uniform Administrative Requirements for Grants and Agreements (including sub -awards) with Institutions of Higher Education, 9 Hospitals, and other Nonprofit Organizations, at http://www.access.gpo.gov/vara/cfr/waisidx 03/28cfr70 03.html . Sub - recipients must report any interest earned to GDEM/SAA. Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville, MD 20852 J. AUDITS - The Sub -recipient shall arrange for the performance of an annual financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub -recipient agreement under the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26) http://edocket.access.cipo.gov/cfr 2007/octgtr/44cfr13.26.htm. K. GRANT ADMINISTRATION - The Sub -recipient will also comply with Texas Government Code, Chapter 783, http://t1o2.tic.state.tx.us/statutes/qv.toc.htm; and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements,http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?s1=T&app=9&p dir=N&p rloc=111847&p tloc=&p pi oc=1&pq=2&p tac=&ti=1&pt=1&ch=5&rI=141 Sub -recipients must also comply with 44,C.F.R., Part 13, http://www.access.gpo.gov/nara/cfr/waisidx 07/44cfr13 07.html; with 2C.F.R. Part 215 http://www.access.gpo.gov/nara/cfr/waisidx 08/2cfrv1 08.html#215, 2C.F.R. Part 225, Part 220 and Part 230. Parts 220 and 230 are not available on-line at this time. A link will be provided as soon as it becomes available. L. PROPERTY ADMINISTRATION — TAC Title 1, Part 5, Chapter 116, http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac view=3&ti=1 &pt=5 M. PUBLICATIONS — 44 C.F.R., Section 13.34 http://edocket.access.qpo.qov/cfr 2007/octgtr/44cfr13.34.htm 1. Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases ownership with Federal support. The Recipient agrees to consult with NPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 2. The Sub -recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This Document was prepared under a grant from the National Preparedness Directorate, United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not necessarily represent the official position or policies of U.S. Department of Homeland Security." 10 EXHIBIT B CERTIFICATIONS 1, Alan McGraw as Mayor/EiXl of Round Rock Texas, hereinafter referred to as the "Sub -recipient," certify the following with respect to the expenditure of Sub -recipient agreement funds. A. The Sub -recipient shall minimize displacement of persons as a result of activities assisted with Sub -recipient agreement funds. B. The program shall be conducted and administered in conformity with the Civil Rights Act of 1964 (42 U.S.C. § 2000a et seq.) C. As specified by GDEM and FEMA, in the event that displacement of residential dwellings shall occur in connection with a project assisted with HSGP funds, the Sub -recipient shall follow a residential anti -displacement and relocation assistance plan. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The Sub -recipient 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; Sub -recipients can access debarment information by going to www.epls.aov and the State Debarred Vendor List htto://www.window.state.tx.us/procurement/pros/vendor performance/debarred/. 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 (D)(2) 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; and 5. 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) E. Sub -recipient understands and certified that it will not 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. F. The Sub -recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub -recipient 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. a )11 1/1. OW. M isae"71(1,1 WOO Chief Elected Official, Mayor/)dPS Date 11 EXHIBIT C CERTIFICATION REGARDING LOBBYING FOR SUB -RECIPIENT AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned, Alan McGraw as Mayor/Senn of the Round Rock , Texas certifies the following to the best of his knowledge and belief. A. No federal appropriated funds have been paid or shall be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal Sub -recipient agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any federal Sub -recipient agreement, grant, loan or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or shall 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 Sub -recipient agreement grant, loan or cooperative agreement, the undersigned shall complete and submit standard form Disclosure Form to Report Lobbying form in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards including sub -contracts, sub -grants and Sub -recipient agreements under grants, loans, and cooperative agreements and that all Sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon that reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.0 § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. )11 Chief Elected Official, Mayor/e g 12 Date / FY 2008 INVESTMENTS APPROVED BY DHS State Investments RegiOnatFood aii`c Agridupure Critics , ssessrneht 2. Improve Communication Interoperability 3. Public safety and Security Response 4. Intelligence and Information Sharing and Dissemination 5. Enhance State, Regional and Local EOCs 6. Enhance State, Regional and Local Planning 7. CBRNE Detection, WMD, Hazmat Response and Decon 8. On -Site Incident Management 9. Critical Infrastructure Protection 10. Community Preparedness & Emergency Public Information & Warning 11. Strengthen Medical Surge and Mass Prophylaxis 12. Reduce Threats to Agriculture & Enhance Emergency Response 13. Enhance Border Security Program 14. Tribal Investments Note: Highlighted investment is a multi -state project Austin Area UASI Investments 1. Austin Area Fusion Center 2. Planning and Coordination 3. Enhanced CBRNE/WMD Response Teams 4. Physical Security of Critical Infrastructure 5. Mobile Public Safety Communications 6. Mass Casualty Management Capacity Enhancement 7. Regional Community Preparedness and Resiliency 8. Public Safety Video and Data -Remote Video and Connectivity 9. Video X -Ray Technology for Bomb Squad 10. Mass Prophylaxis and Epidemiologic Surveillance 11. Cyber Security of Critical Infrastructure 12. Regional Air Enforcement Response 13. Traffic Light Battery Backup with PTZ Cameras 14. TEXAS PEER t O -PEER UASI PLANN G _NETWORK 15. IT: INTEROPERABILITY INITIA'I ICE =CUBED") Note: Highlighted investments are multi-regional projects .rtclostrre 1 Ent j (Conliuued) Dallas/Fort Worth/Arlington Area UASI Investments 1. TEXAS PEER-TO-PEER UASI PLANNING NETWORK 2. IT INTEROPERABILITY INITIATIVE (`.`I CUBED") 3. Regional Multi -Agency Intelligence Fusion Center and Data Sharing 4. Critical Infrastructure Security Enhancement 5. Enhance Command and Control At All Levels to Include Emergency Operation Center Functions 6. Enhance Explosive Ordnance Device Mitigation and Response Capability 7. Enhance Law Enforcement Capability to Respond to Terrorism Incidents and Catastrophic Events 8. Enhance CBRNE Response Capability Including HazMat and Specialized Fire Response 9. Enhance Search and Rescue Capability to Respond to Terrorism Incidents and Catastrophic Events 10. Enhance Medical Surge, Mass Prophylaxis, and Fatality Management Capability 11. Enhance Interoperable Communications 12. Enhance Early Warning and Notification Systems 13. Public Outreach Programs, Citizen Corps, and Citizen Preparedness 14. Regional and Urban Area Planning El Paso Area UASI Investments 1. TEXAS PEER -TO .PEER UASI PLANNING NETWORK 2. IT INTEROPERABILITY INITIATIVE ("I -CUBED") 3. El Paso Urban Area Regional Mobile Command Post Project 4. Purchase and Logistical Support for Regional Self Contained Breathing Apparatus Project 5. El Paso-UASI/Region-08 P25 Interoperability Communications Project; Stage I- Phase IIIA. 6. Ready El Paso Volunteer Campaign 7. Coordinated efforts to protect Critical Infrastructure and Key Resources 8. Enhancing the El Paso All Hazards Incident Management Team 9. Explosive Device Detection and Response Operations 10. Planning and Coordination 11. Rio Grande Information & Intelligence Center 12. Regional Medical Operations Center (RMOC) Note: Highlighted investments are multi-regional projects Enclosure ] (Continued) Houston Area UASI Investments 1 TEXAS PEER TO PEER UASI PLANNING NE 'WORK 2. IT; INTEROPERAB]LITY INI I IATIVE ("I CUBED") 3. Citizen Preparedness, Public Outreach & Communication 4. Regional Planning & Coordination 5. Interoperable Communications 6. Prevention: Fusion Center & Regional AFIS 7. Protection: Public Safety Video & Target Hardening 8. Response: Enhance CBRNE Response Capability 9. Enhance Health & Medical Capabilities Regional Emergency Management Improvements San Antonio Area UASI Investments 1 TEXAS PEER TO PEER UA I P AI�lI . 2. IT INTEROPEIRA13,,, IIIA E (` 3. Enhance Regional GIS Emergency Planning and Response Capabilities 4. Enhance Regional Critical Incident Management (IM) Capabilities 5. Strengthening IED Attack Deterrence, Prevention, and Protection Capabilities 6. Enhance Emergency Operations Center Operations & Connectivity 7. Sustain & Enhance SAUA First Responders and WMD Project 8. Enhance Regional Interoperability Communications (IOC) 9. Enhance Cl/KR Security Improvement Program 10. Enhance Citizen Preparedness and Response Capabilities 11. Reduce Vulnerability of Threats to Agriculture & Facilitate Emergency Response 12. Enhance Emergency Facility Capabilities Note: Highlighted investments are multi-regional projects ' 74-176 (Rev.1-07/5) VENDOR DIRECT DEPOSIT AUTHORIZATION For Comptrollers use only Under Ch. 559, Government Code, you are entitled to review, request, and correct information we have on file about you, with limited exceptions in accordance with Ch. 552, Government Code. INSTRUCTIONS • Use only BLUE or BLACK ink. • Alterations must be initialed. TRANSACTION TYPE • Check all appropriate box(es). • For further instructions, see the back of this form. SECTION 1 ❑ New setup ❑ Cancellation ❑ Interagency transfer (Sections 2, 3 & 4) (Sections 2 & 3) (Sections 2, 3 & 4) O Change financial institution O Change account number ❑ Change account type (Sections 2, 3 & 4) (Sections 2, 3 & 4) (Sections 2, 3 & 4) PAYEE IDENTIFICATION SECTION 2 1. Social Security number or 10. Authorized signatyre -- ' r %! �/lYrV`.'f'y. 4i 6 1 0 1 1 1 7 1 4 01 211 5 1 2. Mail code (If not known, will be completed by Paying State Agency) 1 0 1 0 1 0 1 Federal Employer's Identification(FEI) 71 1 8 1 5 3. Name City of Round Rock 21 11 1 1 1 ■ 19. Representative name (Please print) Kathaleen Ford -Smith 20. Title 4. Business phone number ( 512 ) 218-5400 President 5. Mailing address 221 E. Main Street 22. Phone number ( 512 ) 397-2026 6. City 23. Date Round Rock 7. State TX 8. ZIP code 78664 AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION SECTION 3 9. I authorize the Comptroller of Public Accounts to deposit my payments from the state of Texas to my financial institution electronically. I further understand that the Comptroller of Public Accounts will reverse any payments made to my account in error. I also agree to comply with the National Automated Clearing House Association's rules and the Texas Comptroller of Public Accounts' rules for electronic payments at all times. 10. Authorized signatyre -- ' r %! �/lYrV`.'f'y. 11. Printed name Elaine S. Wilson 12. Dat I E' 24'103 FINANCIAL INSTITUTION (Completion by financial institution is recommended. SECTION 4 13. Financial institution name Bank of America 27. Printed name 14. City Austin 15. State TX 16. Routing transit number 1 1 1 1 1 1 1 0 1 1 0 1 01 01 211 5 1 17. Customer account number 1 0 1 0 1 4 1 7 1 9 1 5 1 8 (Dashes required 1 4 16 1 8 1 ■ YES) I 1 18. Type of IZChecking account Savings 21 11 1 1 1 ■ 19. Representative name (Please print) Kathaleen Ford -Smith 20. Title Sr. Vice President 21. Representative signature (Optional) 22. Phone number ( 512 ) 397-2026 23. Date CANCELLATION BY AGENCY 1) U w rn 24. Reason 25. Date PAYING STATE AGENCY SECTION 6 26 Signature 27. Printed name 28. Agency name 29. Agency number 1 I I I 30. Comments 31. Phone number j ( 32. Date Note: A vendor can receive email or fax notifications providing one (1) business day advance notice of the payment posting to the vendor's account. The Advance Payment Notification is available to vendors receiving direct deposit payment(s) from the State of Texas. To enroll in this free service, complete the Advance Payment Notification Authorization, Form 74-193, available on the Internet at: htto://www.window.state.tx.us/taxinfo/taxforms/74-193.pdf For additional information or assistance, please contact the Claims Division by: Email: claims.pin@cpa.state.tx.us Phone: 512/936-8138 in Austin or 800/531-5441 Ext. 6-8138 toll free INSTRUCTIONS FOR VENDOR DIRECT DEPOSIT AUTHORIZATION SECTION 1: Check the appropriate box(es) • NEW SETUP - If payee is not currently on direct deposit with the state. a. Complete Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. • CANCELLATION - If payee wishes to stop direct deposit with the state. a. Payee completes Sections 2 & 3. • CHANGE FINANCIAL INSTITUTION a. Payee completes Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. • CHANGE ACCOUNT NUMBER a. Payee completes Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. • CHANGE ACCOUNT TYPE a. Payee completes Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. SECTION 2: PAYEE IDENTIFICATION Item 1Leave the boxes blank if you do not have your 11 -digit Texas Identification Number. The paying state agency will provide the information in the boxes. Enter your 9 -digit Social Security number or your Federal Employer's Identi-fication (FEI) number. Item 2 If your 3 -digit mail code address identifier is not known, it will be assigned by the paying state agency. SECTION 3: AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATIONItems 10, 11 The individual authorizing must sign, print their name and date the form. & 12NOTE: No alterations in this section will be allowed. SECTION 4:FINANCIAL INSTITUTION Section 4 is recommended to be completed by a financial institution. NOTE: Alterations to routing, account number and/or type of account must be initialed by the financial institution representative or the payee. SECTION 5:CANCELLATION BY AGENCY (State agency use only) Sections 5 & 6 to be completed by the paying state agency. SECTION 6:PAYING STATE AGENCY (State agency use only) Section 6 to be completed by the paying state agency before the form can be processed. Submit the completed form to a state agency with which you are conducting business. This agency will be designated as your custodial agency. If the direct deposit instructions need to be updated or cancelled, you must contact this agency. Note: A vendor can receive email or fax notifications providing one (1) business day advance notice of the payment posting to the vendor's account. The Advance Payment Notification is available to vendors receiving direct deposit payment(s) from the State of Texas. To enroll in this free service, complete the Advance Payment Notification Authorization, Form 74-193, available on the Internet at: http://www.window.state.tx.us/taxinfo/taxforms/74-193.pdf For additional information or assistance, please contact the Claims Division by: Email: claims.pin@cpa.state.tx.us Phone: 512/936-8138 in Austin or 800/531-5441 Ext. 6-8138 toll free RICK PERRY Governor DIVISION OF EMERGENCY MANAGEMENT Office of the Governor Mailing Address: PO Box 4087 Austin, Texas 78773-0220 The Honorable Alan McGraw Mayor, City of Round Rock 220 E. Main St. Round Rock, TX 78664 Dear Mayor McGraw: Contact Numbers: 512-424-2138 Duty Hours 512-424-2277 Non -Duty Hours 512-424-2444 Fax November 21, 2008 Physical Address: 5805 N. Lamar Blvd. Austin, Texas 78752 STEVEN McCRAW Director Office of Homeland Security JACK COLLEY Chief Your jurisdiction is being awarded a sub -grant for the Fiscal Year (FY) 2008 Homeland Security Grant Program (HSGP) to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, and response capabilities. Proposed local, regional, and urban area projects were grouped into investments that were submitted to U. S. Department of Homeland Security (DHS) for review and approval. Grant funds must be used for projects which support the investments approved by DHS, which are identified in Enclosure 1. The following additional grant -related documents are enclosed: • Notice of Sub -recipient Award (SRA) — Enclosure 2 The Notice of Sub -recipient Award for the 2008 HSGP must be signed by the chief elected official of your jurisdiction unless that authority has been delegated. Other signatures will require an accompanying statement from the chief elected official authorizing the individual to sign for the jurisdiction. • Direct Deposit Authorization - Enclosure 3 A. GDEM must have a current Direct Deposit Authorization from your jurisdiction in order to transfer grant funds electronically to a designated bank account to reimburse you for grant -funded expenses. Additional copies are available from the Texas State Comptroller's website at: http://www.window.state.tx.us/taxinfoltaxforms/74-158.pdf. An appropriate local official, typically your finance officer, must sign the Direct Deposit Authorization. B. If you submitted a completed Direct Deposit Authorization form with prior Homeland Security Grant Program awards, you do not need to submit another unless your bank account information has changed. The deadline for returning the signed Notice of Sub -Recipient Award and Direct Deposit Authorization (if applicable) is January 8, 2009. The offer of a homeland security sub -grant will be withdrawn if the required materials are not postmarked by the due date. Extensions to this date will not be granted. Please submit above documents to one of the following addresses: The deadline for returning the signed Notice of Sub -Recipient Award and Direct Deposit Authorization (if applicable) is January 8, 2009. The offer of a homeland security sub -grant will be withdrawn if the required materials are not postmarked by the due date. Extensions to this date will not be granted. Please submit above documents to one of the following addresses: Mail: Division of Emergency Management Attention: SAA Section P.O. Box 4087 Austin, TX 78773-0270 Courier: Division of Emergency Management Attention: SAA Section 5805 N. Lamar Austin, TX 78752 Please retain a copy of each form for your records. If you have any program questions regarding HSGP, please contact Edwin Staples at the SAA at 512-377-0002 or 512-377-0000. Sincerely, Jack Colley Chief JC:es Enclosures: 1. DHS Approved Investments 2. 2008 Notice of Sub -recipient Award 3. Direct Deposit Authorization