CM-09-08-154NOTICE OF SUBRECIPIENT GRANT AW
L 2 2 2009
GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT
Program Title: FY 2009 Emergency Management Performance Grant (EMPG)
DHS Instrument Number: 2009 -EP -E9-0005
GDEM Grant Number: 09TX-EMPG-1425
Administered By: Governor's Division of Emergency Management
Texas Department of Public Safety
P.O. Box 4087
Austin, Texas 78773-0220
Recipient: City of Round Rock
220 E. Main Street
Round Rock, Texas 78664
Amount of Grant: $ 35,692.00
Period of Grant: October 1, 2008, to September 30, 2009
Return Signed Copy of This Page within 45 days to:
Governor's Division of Emergency Management
Attention: Rex Ogle, Preparedness Section
PO Box 4087
Austin, TX 78773-0220
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AGEN APPROVAL
GRANT ACCEPTANCE
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Original Signature Required
ifJack Colley
Chief
Pr Name/Title:
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Date:
July 15, 2009
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Return Signed Copy of This Page within 45 days to:
Governor's Division of Emergency Management
Attention: Rex Ogle, Preparedness Section
PO Box 4087
Austin, TX 78773-0220
CM-c�-oS• 1 S'+
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 McGra
Contact Numbers:
512-424-2138 Duty Hours
512-424-2277 Non -Duty Hours
512-424-2444 Fax
July 15, 2009
Physical Address:
5805 N. Lamar Blvd.
Austin, Texas 78752
STEVEN McCRAW
Director
Office of Homeland Security
JACK COLLEY
Chief
This letter is to advise you that your application to participate in the Emergency Management Performance
Grant (EMPG) program during Fiscal Year 2009 (FY 09) has been accepted.
1. Grant Award
The Notice of Sub -recipient Grant Award (Attachment 1) specifies the federal EMPG program funding
that will be provided during FY 09.
An individual authorized by your City Council to accept grants on behalf of the jurisdiction, typically the
Mayor or City Manager, must sign the award and return it to the Division within 45 days to activate your
grant. Retain a copy for your records and provide a copy of the entire grant award package to your local
financial manager.
2. Required EMPG Tasks
A. Your FY 09 EMPG Program Application has been approved. As changes to this document may have
been made in order to meet FY 09 program requirements since originally submitted, you should
carefully review the attached copy.
B. The process for documenting exercise participation has not changed. All EMPG participants must
prepare and submit an After Action Report (AAR) and Improvement Plan (IP), in the format
prescribed by the DHS Homeland Security Exercise Evaluation Program (HSEEP). The HSEEP
document can be accessed at http://www.ojp.usdoj/odp/exercises.htm. A sample AAR and IP is
located on our website at http://www.txdps.state.tx.us/dem.
C. The Department of Homeland Security has identified steps that States, territories, tribal, and local
entities should take during FY 09 to remain compliant with the NIMS. All jurisdictions awarded FY
09 EMPG funds must achieve and maintain 100% compliance with NIMSCAST objectives and
metrics.
D. Participate in the Texas Regional Response Network (TRRN) by registering as a user and identifying
resources that jurisdiction(s) participating in the local emergency management program are prepared
to make available to other jurisdictions through mutual aid.
E. As indicated in the FY 2009 EMPG Guidance, grant recipients must apply no less than 25 percent of
their grant award toward planning activities. The Stang Commitment Certification should be
submitted semi-annually with each Progress Report.
3. Task Progress & Reporting
Continued participation in the EMPG program is in part conditioned on making proportional progress on
your Work Plan tasks and the timely submission of progress and financial reports.
A. Proportional Progress in Program Tasks. You are expected to complete and document a portion of
those tasks each quarter rather than deferring most planning tasks, training, exercises, and other
activities until the last several months of the fiscal year. Those who try to complete a year's work in
several months frequently fail when emergencies occur late in the year.
B. Financial Reports. EMPG Financial reports are due 30 days after the close of each quarter of the
federal Fiscal Year. Quarterly Financial Reports are due January 15, April 15, July 15, and October
15. These reports should be sent directly to the GDEM EMPG Auditor at the P.O. Box address at
the top of the first page of this letter.
C. Progress Reports. Your first semi-annual progress report was due to the GDEM Preparedness
Section on April 15, 2009. The final progress report is due October 15, 2009. As noted previously,
these reports should reflect and document progress in completing the tasks contained in your
Statement of Work.
D. Failure to complete the tasks outlined in your approved Statement of Work or to submit quarterly
financial reports and semi-annual progress reports by the required due dates is cause for elimination
from the EMPG program.
GDEM/SAA is currently working on adding the EMPG Grant to the State's Grant Management and
Accounting System. The GDEM/SAA grant management system provides the individual jurisdiction
grantees near -real-time information on project purchases and grant financial status. The GDEM is currently
working to set up procedures for the use of the Grant Management System for EMPG expenditures. Until
further notice, jurisdictions receiving EMPG Grant funds shall continue submitting manual Expenditure
Request and Reimbursement Request to the GDEM.
If you determine that you do not wish to participate in the FY 09 EMPG program, please advise me as soon
as possible.
If you have questions regarding the financial reporting requirements, please contact our EMPG Auditor,
Doris Grisham, at 512-424-2448. If you have questions regarding EMPG tasks or your Jurisdiction Profile,
please contact the EMPG Program Administrator, Rex Ogle, at 512-424-7051.
Respectfully,
Attachments: 1- Notice of Sub -Recipient Grant Award
2- Terms and Conditions
3- Approved Statement of Work
FISCAL YEAR 2009
EMPG STATEMENT OF WORK & CUMULATIVE PROGRESS REPORT
APPLICANT NAME (Jurisdiction): CITY OF ROUND ROCK, TEXAS
Document
Submitted By
Date
GDEM Review By
Date
Statement of Work
Thomas L. Bradford III
12/5/08
Progress Report #1
Progress Report #2
TASK 1 -WORK PLAN & SEMIANNUAL PROGRESS REPORT
X Work Plan
Our jurisdiction will submit an EMPG Application, two Progress Reports, two Staffing
Commitment Certifications, and four quarterly Financial Reports.
Our jurisdiction has appointed a NIMSCAST point of contact, established a NIMSCAST
account, and is 100% compliant with FY 2008 NIMSCAST objectives and metrics.
• This
Progress Report # 1 is being submitted to the GDEM Preparedness Section
& Second Quarter Financial Reports have been submitted to GDEM Support
• Progress Report #1
■ First
Services.
• This
Progress Report # 2 is being submitted to the GDEM Preparedness Section.
& Fourth Quarter Financial Reports have been submitted to GDEM Support
• Progress Report #2
■ Third
Services.
TASK 2 -LEGAL AUTHORITIES FOR EMERGENCY MANAGEMENT PROGRAM
X Work Plan
Our jurisdiction
management
X Our
will maintain current
program.
legal documents are current
NIMSCAST account is 100%
jurisdiction will prepare or
legal documents establishing our emergency
& on file with GDEM; no additional action is required.
compliant with all objectives and metrics.
update & submit to GDEM:
Order #
dated:
and resources entered
■ Our
• Our
X TRRN
• Commissioner's Court
• City Ordinance(s) for:
• Updated Joint Resolution
• NIMS Adoption dated:
registration completed
■ Our
legal documents are current
NIMSCAST account is 100%
jurisdiction completed &
& on file with GDEM, no additional action is
compliant with all objectives and metrics.
submitted to GDEM:
Order #
dated:
and resources entered
required.
■ Our
• Progress Report #1
• Our
(Oct. 1 -Mar. 31)
• Commissioner's Court
■ City Ordinance(s) for:
• Updated Joint Resolution
• NIMS Adoption dated:
• TRRN registration completed
■ Our
legal documents are current
NIMSCAST account is 100%
jurisdiction completed & submitted
& on file with GDEM, no additional action is
compliant with all objectives and metrics.
to GDEM:
Order #
dated:
,
and resources entered
required.
• Our
• Progress Report #2
1 Our
(Apr. 1 -Sept. 30)
• Commissioner's Court
■ City Ordinance(s) for:
■ Updated Joint Resolution
• NIMS Adoption dated:
• TRRN registration completed
DEM -17A
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Mail completed form to:
Page 1 of 6
EMPG Program Administrator
Preparedness Section
Governor's Division of Emergency Management
Texas Department of Public Safety
P 0 Box 4087
Austin, TX 78773-0223
TASK 3—PUBLIC EDUCATION/INFORMATION
X Work Plan
X Option 1: Our jurisdiction will conduct 30 hours of hazard awareness activities for
local citizens.
OR
• Option 2: Our jurisdiction will prepare & distribute public education/information
materials to a substantial portion of the community. In the space below, describe the
materials to be distributed:
• Our jurisdiction completed the following hazard awareness or public
education/information activities:
■ Progress Report #1
(Oct.1-Mar. 31)
• Our jurisdiction completed the following hazard awareness or public
education/information activities:
■ Progress Report #2
(Apr. 1 -Sept. 30)
TASK 4—EMERGENCY MANAGEMENT PLANNING DOCUMENTS
X Work Plan
X Our jurisdiction reviewed our emergency management plan & annexes for currency
and NIMS compliance.
X Our emergency management plan and all annexes are current and NIMS compliant.
X We will develop, update, or change these planning documents:
• Basic Plan
Annexes: ■A ■B •C ■D •E •F ■G ■H ■I ■J ■K ■L ■M
IN ■O XP ■Q ■R ■S •T ■U ■V
• Other documents:
NOTE: Plans & annexes dated prior to September 30, 2004, must be revised or updated
this year. All Plans and Annexes must be NIMS compliant.
■ Our jurisdiction reviewed our emergency management plan & annexes for currency
and NIMS compliance.
■ Our emergency management plan and all annexes are current and NIMS compliant
• Progress Report #1
• We updated by revision or change these planning documents:
(Oct. 1 -Mar. 31)
• Basic Plan
Annexes: ■A ■B ■C ■D ■E ■F ■G ■H •I ■J •K ■L ■M
IN ■O ■P ■Q ■R ■S IT ■U ■V
■ Other documents:
• Our jurisdiction reviewed our emergency management plan & annexes for currency
and NIMS compliance.
■ Our emergency management plan and all annexes are current and NIMS compliant
■ Progress Report #2
■ We updated by revision or change these planning documents:
(Apr. 1 -Sept. 30)
• Basic Plan
Annexes: ■ A ■ B ■ C ■ D IE ■ F ■ G •H ■ I ■ J ■ K ■ L •M
•N ■O IP ■Q ■R ■S ■T ■U ■V
• Other documents:
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Page 2 of 6
TASK 5—EXERCISE PARTICIPATION & SCHEDULE
X Work Plan
X Our required three-year exercise schedule is listed below.
We will conduct & report participation in a tabletop exercise and a functional or full-scale
exercise this fiscal year or obtain exercise credit for actual events for these exercises.
■ Our required exercise schedule includes make up exercises from FY .
NOTE: A Full -Scale exercise must be conducted every three (3) years.
REQUIRED EXERCISE SCHEDULE
Period
I Exercise Type
Exercise Scenario*
Quarter of Year
x Tabletop
X NH •TH ■ NS ■ TR ■ HM
0 1 X 2 ❑ 3 ❑ 4
Fiscal Year 2009
(Oct. 2008 -Sept. 2009)
X Functional
X NH ■TH ■ NS • TR ■ HM
0 1 ❑ 2 X 3 ❑ 4
X Full -Scale
■ NH ■ TH X NS X TR X HM
X 1 ❑ 2 ❑ 3 ❑ 4
x Tabletop
• NH ■TH ■ NS ■ TRX HM
0 1 X 2 ❑ 3 ❑ 4
Fiscal Year 2010
(Oct. 2009 -Sept. 2010)
X Functional
1 NH •TH ■ NS ■ TR X HM
❑ 1 ❑ 2 X 3 ❑ 4
X Full -Scale
• NH ■TH X NS X TR X HM
X 1 ❑ 2 0 3 ❑ 4
x Tabletop
■ NH ■ TH ■ NS X TRX HM
❑ 1 X 2 ❑ 3 ❑ 4
Fiscal Year 2011
(Oct. 2010 -Sept. 2011)
X Functional
■ NH ■TH ■ NS X TR X HM
❑ 1 ❑ 2 X 3 ❑ 4
X Full -Scale
■ NH ■TH X NS X TR X HM
X 1 ❑ 2 ❑ 3 ❑ 4
Our last Full -Scale exercise was conducted on (date):W'f w, V., Scenario*: NH
*Scenarios: NH=Natural Hazard, TH=Technological Hazard, NS=NationaltSecurity, TR=Terrorism, HM=Public Health or Medical
We conducted the following exercises and provided documentation to GDEM:
Exercise
Date
# of Participants '
# of Jurisdictions
• Tabletop
IN Functional
■ Full -Scale
• Progress Report #1
■ Tabletop
• Functional
■ Full -Scale
(Oct. 1 -Mar. 31)
■ Tabletop
• Functional
■ Full -Scale
• Our jurisdiction completed NO exercise and requested credit for an actual event.
• Our jurisdiction requested functional or full-scale exercise credit for an actual event
on and our request ■ is pending ■ was approved and documentation of
approval is attached.
We conducted the following exercises and provided documentation to GDEM:
Exercise
Date
# of Participants
_
# of Jurisdictions
■ Tabletop
• Functional
• Full -Scale
■ Progress Report #2
■ Tabletop
■ Functional
• Full -Scale
(Apr. 1 -Sept. 30)
■ Tabletop
II Functional
• Full -Scale
_
• Our jurisdiction completed NO exercise and requested credit for an actual event.
• Our jurisdiction requested functional or full-scale exercise credit for an actual event
on and our request 1 is pending ■ was approved and documentation of
approval is attached.
UGIVI-
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Page 3 of 6
TASK 6—TRAINING FOR EMERGENCY MANAGEMENT PERSONNEL
X Work Plan
EMPG-funded emergency management personnel will participate in the following
training during FY 2009:
Position/Name Course Name or Number
Thomas L. Bradford III IMT Position Specific - Planning
Thomas L. Bradford III IMT Position Specific - Logistics
Richard Johnson ICS300
Richard Johnson ICS400
Emergency management personnel completed the following training and documentation
is attached:
Position/Name Course Name or Number Date
• Progress Report #1
(Oct. 1 -Mar. 31)
Emergency management personnel completed the following training and documentation
is attached:
Position/Name Course Name or Number Date
■ Progress Report #2
(Apr. 1 -Sept. 30)
DEM -17A
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Page 4 of 6
TASK 7—EMERGENCY MANAGEMENT TRAINING FOR OTHER PERSONNEL
X Work Plan
Our jurisdiction will conduct or arrange emergency management related
training for elected officials, other local officials, & support agencies.
The following
formal training courses were taught or contracted:
Date
Course Title 1 Class Description 1 # Trained
■ Progress Report #1
(Oct. 1 -Mar. 31)
The following
formal training courses were taught or contracted:
Date
Course Title 1 Class Description 1 # Trained
• Progress Report #2
(Apr. 1 -Sept. 30)
TASK 8—EMERGENCY MANAGEMENT ORGANIZATIONAL DEVELOPMENT
X Work Plan
Our jurisdiction will participate in the following emergency management
organizational development activities: Texas Homeland Security &
Hurricane Conference, LEPC, WCEC – County Emergency Planning
Committee, CAPCOG, CTPG – Counter Terrorism Planning Committee,
HUREX'09 IPC & ROC (Planning Committee and Rehearsal of Concept).
• Progress Report #1
(Oct. 1 -Mar. 31)
Our jurisdiction completed the following staff development activities:
• Progress Report #2
( Apr. 1 -Sept. 30)
Our jurisdiction completed the following staff development activities:
11 /08
Page 5 of 6
APPLICANT NAME: CITY OF ROUND ROCK, TEXAS
REMARKS
(Use an Additional Sheet if Necessary)
DEM -17A
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Page 6 of 6
FY 2009 E M PG
Terms and Conditions
1. Purpose: Grant funds will be used to support local comprehensive emergency management
programs to encourage improvement of mitigation, preparedness, response, and recovery
capabilities for all hazards. Funding may be used to support activities that contribute to the
capability to manage consequences of acts of terrorism. Funds provided may also be used
to accomplish initiatives described in the Federal Program Guidelines, including local
implementation of the National Incident Management System (NIMS), incorporation of
appropriate references to the National Response Framework (NRF) into local plans,
homeland security assessment and strategy integration, and assessment of the local
emergency management program using Emergency Management Assessment Program
(EMAP) standards.
2. Grant Conditions: If federal or state grant funds are involved in funding of this contract, then
the conditions of those respective grants are incorporated herein by reference and made a
part hereof for all intents and purposes. The federal grant terms and conditions are located
at: http://www.fema.gov/government/grant/empq.
3. Grant Acceptance: The Notice of Subrecipient Grant Award is only an offer until the
Subrecipient returns the signed copy of the Acceptance of Subrecipient Grant Award in
accordance with the instructions provided in the transmittal letter.
4. Work to Be Performed: The approved FY 09 Statement of Work & Progress Report outlines
eight tasks that the grantee must perform during the grant period. The following additional
tasks are also required of subrecipients:
A. Implement the National Incident Management System (NIMS) at the local level.
B. Incorporate pertinent information concerning the National Response Framework (NRF)
into the local or inter jurisdictional emergency management plan and its annexes.
C. Participate in the Texas Regional Response Network (TRRN) by registering as a user
and identifying resources that the jurisdiction(s) participating in the local emergency
management program are prepared to make available to other jurisdictions through
mutual aid.
D. During the performance period of this grant, subrecipient must maintain an emergency
management plan at the Advanced Level of planning preparedness or higher, as
prescribed by the Governor's Division of Emergency Management (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 the GDEM identifies deficiencies in the subrecipient's plan,
subrecipient will correct deficiencies within 60 days of receiving notice of such
deficiencies from GDEM.
E. During the performance period of this grant, subrecipient agrees that it will participate in
a legally -adopted county and/or regional mutual aid agreement.
F. Subrecipients must maintain an updated inventory of equipment purchased through this
grant program in accordance with Uniform Grant Management Standards — III, State
1
F. Notwithstanding any other provisions of this document, the parties hereto understand
and agree that the obligations of GDEM under this Agreement are contingent upon the
availability of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be
liable to the Subrecipient for costs under this Agreement that exceed the amount
specified in the Notice of Subrecipient Grant Award.
7. Single Audit Act Requirements: If Subrecipient has expenditures in excess of $500,000 in
federal funds of all types within a single fiscal year, it must have an audit performed in
accordance with the Single Audit Act as amended. Subrecipient agrees to comply with the
audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-
profit Organizations.
8. Reporting Requirements: Subrecipient agrees to comply with all reporting requirements and
shall provide such information as required by GDEM. Reporting requirements are found in
the Fiscal Year 2009 Local Emergency Management Program Guide. Subrecipients may be
required to submit additional information and data requested by GDEM and/or the State
Administrative Agency after the end of the period of performance in order to close out the
grant.
9. Subrecipient must prepare and submit Semi -Annual Progress Reports GDEM/SAA for the
duration of the grant performance period or until all grant activities are completed and the
grant is formally closed. The first performance reporting period is October 1 to March 31 and
the second reporting period is April 1 to September 30 of each fiscal year. Subrecipient may
also be required to submit additional information and data requested by GDEM/SAA.
10. Review of Work and Expenditures: GDEM may review the work of the Subrecipient with
respect to approved program tasks and also review expenditures for which reimbursement is
requested as necessary to ensure the federal awards are used for authorized purposes in
compliance with laws, regulations, and the provisions of contracts or grant agreements and
that performance goals are achieved. These reviews may include, without limitation:
comparing actual subrecipient activities to those approved in the sub -award application and
subsequent modifications if any; ensuring that grant funds have been expended in
accordance with applicable guidelines; confirming compliance with grant assurances, and
verifying information provided on performance reports and payment requests.
11. Lobbying:
A. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part
69, for persons entering into a grant or cooperative agreement over $100,000, as
defined at 28 CFR Part 69, the subrecipient certifies that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
subrecipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the making
of any Federal grant, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal grant or
cooperative agreement;
2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
3
C. GDEM/SAA may perform periodic reviews of subrecipient performance of eligible
activities and approved projects. These reviews may include, without limitation:
performance of on-site audit and compliance monitoring, including inspection of all grant -
related records and items, comparing actual subrecipient activities to those approved in
the sub -award application and subsequent modifications if any, ensuring that advances
have been .disbursed in accordance with applicable guidelines, confirming compliance
with grant assurances, verifying information provided in performance reports and
reviewing payment requests, needs and threat assessments and strategies.
D. Subrecipient understands and agrees that it cannot use any federal funds, either directly
or indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government, without the express prior written
approval of FEMA National Preparedness Directorate.
E. The subrecipient agrees that all allocations and use of funds under this grant will be in
accordance with the Homeland Security Grant Program Guidelines and Application Kit
for that fiscal year and must support the goals and objectives included in the State
Homeland Security Strategic Plan and the Urban Area Homeland Security (UASI)
Strategies.
F. The subrecipient official certifies federal funds will be used to supplement existing funds,
and will not replace (supplant) funds that have been appropriated for the same purpose.
Subrecipient may be required to supply documentation certifying that a reduction in non-
federal resources occurred for reasons other than the receipt or expected receipt of
federal funds.
14. Reimbursement for Expenses:
A. Reimbursement for expenses incurred during the second and fourth quarter of Fiscal
Year 2009 will not be disbursed until GDEM receives the first and second semi-annual
EMPG Progress Reports, which are due on April 15, 2009 and October 15, 2009,
respectively.
B. As GDEM plans to promptly close out the Fiscal Year 2009 EMPG program with the
State Administrative Agency, requests for reimbursement of expenses that are
postmarked more than 45 days after the end of the stated period of performance will not
be paid.
15. Choice of Law: This agreement shall be construed and governed by Texas law.
16. Changes to the Law: DPS is a state agency whose authority and appropriations are subject
to the actions of the Texas Legislature and the United States Congress. If DPS and/or the
subject matter of this contract become subject to a legislative or regulatory change,
revocation of statutory or regulatory authority, or lack of funds that would render the services
and/or goods and/or payment to be provided under this agreement impossible,
unnecessary, void, or substantially amended, DPS may terminate this agreement without
penalty to, or any liability whatsoever on the part of, DPS, the State of Texas, and the United
States. This contract does not grant vendor a franchise or any other vested property right.
5
Attachment 1
Subpart B—Pre-Award Requirements
.14 State assurances
(a) Scope. In addition to federal requirements, state law requires a number of
assurances from
applicants for federal pass-through or other state -appropriated funds. An attempt has
been made below to list major state and federal assurances. Generally, not all of these
assurances will be required for any one grant. However, it is the applicant's responsibility
to ensure that all assurances required by the awarding agency are submitted.
The legal instrument for awarding state funds must be consistent with the standards
prescribed herein; however, these standard conditions or assurances may be
incorporated into contracts or grant agreements by reference rather than by being
reproduced in their entirety.
(1) A subgrantee must comply with Texas Government Code, Chapter 573, Vernon's
1994, by ensuring that no officer, employee, or member of the applicant's governing
body or of the applicant's contractor shall vote or confirm the employment of any
person related within the second degree of affinity or the third degree of
consanguinity to any member of the governing body or to any other officer or
employee authorized to employ or supervise such person. This prohibition shall not
prohibit the employment of a person who shall have been continuously employed for
a period of two years, or such other period stipulated by local law, prior to the election
or appointment of the officer, employee, or governing body member related to such
person in the prohibited degree.
(2) A subgrantee must insure that all information collected, assembled or maintained
by the applicant relative to a project will be available to the public during normal
business hours in compliance with Texas Government Code, Chapter 552, Vernon's
1994, unless otherwise expressly prohibited by law.
(3) A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's
1994, which requires all regular, special or called meeting of governmental bodies to
be open to the public, except as otherwise provided by law or specifically permitted in
the Texas Constitution.
(4) A subgrantee must comply with Section 231.006, Texas Family Code, which
prohibits payments to a person who is in arrears on child support payments.
(5) No health and human services agency or public safety or law enforcement agency
may contract with or issue a license, certificate or permit to the owner, operator or
administrator of a facility if the license, permit or certificate has been revoked by
another health and human services agency or public safety or law enforcement
agency.
(6) A subgrantee that is a law enforcement agency regulated by Texas Government
Code, Chapter 415, must be in compliance with all rules adopted by the Texas
Commission on Law Enforcement Officer Standards and Education pursuant to
Chapter 415, Texas Government Code or must provide the grantor agency with a
certification from the Texas Commission on Law Enforcement Officer Standards and
Education that the agency is in the process of achieving compliance with such rules.
(14) Subgrantees will insure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of the project are not listed
on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it
will notify the Federal grantor agency of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a facility to be used in
the project is under consideration for listing by the EPA. (EO 11738).
(15) Subgrantees will comply with the flood insurance purchase requirements of
102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102
(a) requires the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for
construction or acquisition proposed for use in any area that has been identified by
the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards.
(16) Subgrantees will comply with environmental standards which may be prescribed
pursuant to the following: (a) institution of environmental quality control measures
under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive
Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal
actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear
Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended (P. L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended, (P.L. 93-205).
(17) Subgrantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.
§§ 1271 et seq.) related to protecting components or potential components of the
national wild and scenic rivers system.
(18) Subgrantees will assist the awarding agency in assuring compliance with
Section 106 of the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
(19) Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L.
89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and
treatment of warm blooded animals held for research, teaching, or other activities
supported by this award of assistance.
(20) Subgrantees will comply with the Lead -Based Paint Poisoning Prevention Act
(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in
construction or rehabilitation of residential structures.
(21) Subgrantees will comply with Public Law 103-277, also known as the Pro -
Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor
facility used for the provision of services for children as defined by the Act.
(22) Subgrantees will comply with all federal tax laws and are solely responsible for
filing all required state and federal tax forms.
(23) Subgrantees will comply with all applicable requirements of all other federal and
state laws, executive orders, regulations and policies governing this program.
retention value. When the records are transferred to or maintained by the federal
or state agency, the 3 -year retention requirement is not applicable to the grantee
or subgrantee.
(c) Starting date of retention period.
(1) General. When grant support is continued or renewed at annual or other
intervals, the retention period for the records of each funding period starts on the
day the grantee or subgrantee submits to the awarding agency it's single or last
audit report for that period. However, if grant support is continued or renewed
quarterly, the retention period for each year's records starts on the day the
grantee submits its expenditure report for the last quarter of the federal, state, or
other designated fiscal year. In all other cases, the retention period starts on
the day the grantee submits its final audit report. If an expenditure or audit
report has been waived, the retention period starts on the day the report would
have been due.
(2) Real property and equipment records. The retention period for real property
and equipment records starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or subgrant support. In some
cases grantees must report income after the period of grant support. Where
there is such a requirement, the retention period for the records pertaining to the
earning of the income starts from the end of the grantee's fiscal year in which the
income is earned.
(4) Indirect cost rate proposals, cost allocations plans, etc. This paragraph
applies to the following types of documents, and their supporting records: indirect
cost rate computations or proposals, cost allocation plans, and any similar
accounting computations of the rate at which a particular group of costs is
chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
(i) If submitted for negotiation. If the proposal, plan, or other
computation is required to be submitted to the federal government (or to
the grantee) to form the basis for negotiation of the rate, then the 3 -year
retention period for its supporting records starts from the date of such
submission.
(ii) If not submitted for negotiation. If the proposal, plan, or other
computation is not required to be submitted to the federal government (or
to the grantee) for negotiation purposes, then the 3 -year retention period
for the proposal plan, or computation and its supporting records starts
from end of the fiscal year (or other accounting period) covered by the
proposal, plan, or other computation.
(d) Substitution of microfilm. Copies made by microfilming, photocopying, or similar
methods may be substituted for the original records.
(e) Access to records --
(1) Records of grantees and subgrantees. The awarding agency and the
Comptroller General of the United States, the Texas State Auditor, or any of
their authorized representatives, shall have the right of access to any pertinent
Attachment 2
PART 17. GRANT -MAKING PROVISIONS
Sec. 17.01. Emergency and Deficiency Grants Out of Special Funds. For the purposes of
§§ 401.061 and 403.075, Government Code, appropriations to the Office of the Governor from
"special funds" include excess revenues from General Revenue Fund—Dedicated accounts that
were previously special funds above those estimated by the Comptroller in certifying this Act.
Sec. 17.02. Limitation on Grants to Units of Local Government.
(a) The funds appropriated by this Act may not be expended in the form of a grant to, or a
contract with, a unit of local government unless the terms of the grant or contract require that
the funds received under the grant or contract will be expended subject to limitations and
reporting requirements similar to those provided by:
(1) Parts 2 and 3 of this Article (except there is no requirement for increased salaries for local
government employees);
(2) § § 556.004, 556.005, and 556.006, Government Code;
(3) § § 2113.012 and 2113.101, Government Code;
(4) § 6.15 of this Article (Performance Rewards and Penalties);
(5) § 7.01 of this Article (Budgeting and Reporting);
(6) § 7.02 of this Article (Annual Reports and Inventories); and
(7) § 2102.0091, Government Code.
(b) In this section, "unit of local government" means:
Art IX-Conf IX -72 May 25, 2007
(1) a council of governments, a regional planning commission, or a similar regional planning
agency created under Chapter 391, Local Government Code;
(2) a local workforce development board; or
(3) a MHMR community center.
Sec. 17.03. Grant Restriction. Funds appropriated by this Act may not be expended for a grant
to a law enforcement agency regulated by Chapter 1701, Occupations Code, unless:
(1) the law enforcement agency requesting the grant is in compliance with all rules developed
by the Commission on Law Enforcement Officer Standards and Education; or
(2) the Commission on Law Enforcement Officer Standards and Education certifies that the
requesting agency is in the process of achieving compliance with such rules.
Sec. 17.04. Grants.
(a) Funds appropriated by this Act for grants of money to be made by state agencies, including
the agencies in the legislative branch, are appropriated for the statutory purposes as the grantor
agency may specify. A state agency shall distribute grants on a reimbursement or as needed
basis unless otherwise provided by statute or otherwise determined by the grantor agency to be
necessary for the purposes of the grant.
(b) Funds appropriated by this Act for grants to be made by a state agency for a particular fiscal
year may be distributed in subsequent fiscal years so long as the grant has been awarded and
treated as a binding encumbrance by the grantor agency prior to the end of the appropriation
year of the funds appropriated for grant purposes. Distribution of the grant funds is subject to §
403.071, Government Code.
Sec. 17.05. Grants for Political Polling Prohibited. None of the funds appropriated by the Act
may be granted to or expended by any entity which performs political polling. This prohibition
regarding political polling does not apply to a poll conducted by an academic institution as a part
of the institution's academic mission that is not conducted for the benefit of a particular
candidate or party.
DATE: July 22, 2009
SUBJECT: City Manager Approval — August 14, 2009
ITEM: Consider executing Notice of Subrecipient Grant Award regarding FY 2009
Emergency Management Performance Grant (EMPG).
Department: Police Department
Staff Person: Brad Bradford
Justification: Grant application has been approved. In order to receive the funds, the Grant
Award letter must be signed by the City Manager.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Background Information: The grant award of $35,692 will help defray budgeted salaries for
the position of Emergency Management Coordinator and Assistant Emergency Management
Coordinator. Participation in the Emergency Management Performance Grant requires the City
to perform those functions deemed essential by the Governor's Division of Emergency
Management for the fiscal year. Staff recommends the signing of this Grant Award from the
Texas Governors Division of Emergency Management.
Public Comment:
UPDATED APRIL 2008
5/12/2009
Request for City CounciUCity Manager Action
0 City Council[ii]City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Round Rock Police Department
Contact Person: Tricia McFerran / Sherrill Voll / Rick White
Project Mgr/Resource: Brad Bradford
Project Coordinator: Brad Bradford
Assigned Attorney: JK Gayle
City Council or City Manager Approval Date:
Agenda Wording
For Atibligr>iehNLY
AUG 121009 WS—
Received:
Tag #: C11 \- O -t " O$'" I '4
Original Documents Received:
Emergency Management Performance Grant
Project Name: (EMPG)
Governor's Department of Emergency
ContractorNendor: Management
Funding Source: General Fund
Additional funding Source:
Amount: N/A
Account Number: N/A
14 -Aug -09
Consider executing Notice of Subrecipient Grant Awardd regarding FY 2009 Emergency Management Performance Grant (EMPG).
Finance Information
t2
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
OChange in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Yes ❑ I No
Unforeseen Circumstances
Other (Please clearly identify action on lines below)
APPROVALS
be completed ONLY by Finance)
Final Finance Approval RtipProved4
Amount
FINAN
N/A Apprwed
approvals leave t
ITEMS WILL NOT BE
Piea
THE COUI
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Brad Bradford
Dept. Director Signature:
*City Attomey Signatur
City Manager Signature:
e RFA, bki
IL AGENDA WITHOUT FINI
Qate:
Date:
Date:
7/22/2009
lir
S-1+-09
REVISED 8/10/2009
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager items
Department Name: POLICE
Project Mgr/Resource: BRAD BRADFORD
EJ Council Action:
ORDINANCE
Agenda Wording
EMERGENCY MANAGEMENT
Project Name: PERFORMANCE GRANT (EMPG)
GOVENOR'S DEPARTMENT OF EMERGENCY
ContractoriVendor: MANAGEMENT
Q RESOLUTION
City Manager Approval
CMA Wording
Consider executing the Notice of Subrecipient Grant Award regarding FY 2009 Emergency Management Performance Grant
(EMPG).
Attorney Approval
DAttorney
Notes/Comments
Date
o:\vtdoxlSCCtrits 0121%0902'IMISC\U0168935
Updated /3/08