R-07-04-26-12C2 - 4/26/2007 RESOLUTION NO. R-07-04-26-12C2
WHEREAS, the City of Round Rock has been previously awarded grant
funds from the Texas Engineering Extension Service through the 2004
State Homeland Security Program, and
WHEREAS, administration of said grant was transferred from the
Texas Engineering Extension Service to the Governor' s Division of
Emergency Management, and
WHEREAS, a portion of the grant funds was not expended due to
timeline restrictions and the remaining balance must be returned to the
Governor' s Division of Emergency Management, 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 the 2004 SHSP Closeout Grant Adjustment Notice, 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 26th day of April, 0 7 .
W L Mayor
A T:-
it of Ro d Rock, Texas
R
CHRISTINE R. MARTINEZ, City cretary
WPFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R70426C2.WPD/Lmc
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT(GDEM) � USS
P16SN5 �
HOMELAND SECURITY GRANT + .. . _
PROGRAM (HSGP) i � � z
1.SUB-RECIPIENT NAME AND ADDRESS: 4.SUWAWARD NUMBER:2004 HSGP-63500
Mayor Nyle Maxwell
221 E.Main St. S.PERFORMANCE/BUDGET PERIOD FOR GRANTS:
Round Rock,TX 78664 December 1,2003 to February 28,2007
2.FEDERAL GRANT TITLE: 6.DATE OF FEDERAL AWARD TO GDEM:
2004 HOMELAND SECURITY GRANT PROGRAM May 26,2006
3A.FEDERAL GRANT AWARD NUMBER: 7.AMOUNT OF SUBAWARD:
Previous Award: #83,636.58
2004-GE-T4-4015 Expended: $25,357.00 (see breakdown below)
De-Obligated Amount: $58,279.58
Grant Balance: $0,00
3B.FEDERAL GRANTING AGENCY: 8.SUBAWARD DATE:
OFFICE OF GRANTS AND TRAINING(G&T)DEPARTMENT OF g•ACTION:
HOMELAND SECURITY(DHS) March 20,2007 GRANT ADJUSTMENT(2)
This supersedes all previous awards.
10.SPECIAL CONDITIONS:
This Sub award Is subject to the ODP FY 2004 Homeland Security Grant Program Guidelines and Application IGt.The Guidelines and Kit can be
accessed at http://www.ojp.usdoj.gov/odp/grants-programs.htm.The ODP periodically publishes Information Bulletins to release,update,amend or
clarify grams and programs which It administers.ODP's Information Bulletins can be accessed at http://www.ojp.usdol.gov/odp/docs/builetins.htm
and are Incorporated by reference Into this Sub award.This Sub award Is also subject to the Federal Grant Award and to the grant guidance Imposed
upon GDEM by DHS.
11.STATUTORY AUTHORITY FOR GRANT
This project Is supported under Public Law 108-90,the Department of Homeland Security Appropriations Act of 2004.
12.A-133 REPORTING REQUIREMENT:
All sub-reciplents must submit an audit report to the Federal Audit Clearinghouse if they expended more than$500,000 in federal funds in one fiscal
year.The Federal Audit Clearinghouse submission requirements can be.found at http!//harvester.census.gov/sac/.A report must be submitted to
GDEM-SAA each year this grant Is active.Sub-redplent shall comply with the audit requirements set forth in OMB reportircular A-133.
13.METHOD OF PAYMENT:
Primary method is reimbursement.See the enclosed Instructions for the
process to follow in the submission of invoices.
14.DEBARMENT/SUSPENSION CERTIFICATION:
By signing in hock 19 below,the sub-recipient official certifies the jurisdiction and Its'contractors/vendors are not presently debarred,suspended,
Proposed for debarment,declared ineligible or voluntarily excluded by any federal department or agency at http://www.epis.gov.
15.NON-SUPPLANTING CERTIFICATION:
By signing in block 19 below,the sub-recipient official certifies federal funds will be used to supplement existing funds,and will not replace(supplant)
non-federal resources occurred for reasons other than the receipt or expected receipt of federal
funds that have been appropriated for the same purpose.Sub-recipient may be required to supply documentation certifying that a reduction in
funds.
AGENCY APPROVAL SUB-RECIPIENT ACCEPTANCE
16.APPROVING GDEM OFFICIAL 17.TYPED NAME AND TITLE OF AUTHORIZED SUB-RECIPIENT
3adr Colley,Chief OFFICIAL
Division of Emergency Management
Office of the Governor
18.SIGNATURE OF APPROVING GDEM OFFICIAL19.SIGNATURE OF AUTHORIZED 20.DATE
C? SUB-RECIPIENT OFFICIAL
21.AWARD BREAKDOWN(The amounts below represents expenditures for the above grant.)
F97'.07'3�=i�
2004 DEM SHSP #83,636.58 #25,357.00 $58,279.58 ¢0.00
EXHIBIT
"An
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT(GDEM) 2Q04'SHSPlo + aiillt Grit ASljiu� ttf �
HOMELAND SECURITY GRANT or
PROGRAM (HSGP) J Ofl
AWARD NUMBER 2004 HSGP-63500
SPECIAL CONDITIONS
1) Purpose: Sub-grant funds will be used to(a)provide assistance for homeland security and
emergency operations planning; (b) purchase specialized equipment to enhance the capability of
state and local agencies to prevent, respond to and mitigate incidents of terrorism involving the use
of chemical, biological, radiological, nuclear, explosive (CBRNE)and cyber attacks; (c) provide
assistance for costs related to design,development and conduct of a state CBRNE and cyber security
training programs and attendance at ODP sponsored CBRNE training courses; (d)provide assistance
for cost related to the design,development, conduct and evaluation of CBRNE and cyber security
exercises; (e) provide assistance for costs associated with implementing state homeland security
assessments and strategies.
2) Overview : Funds provided shall be used to provide law enforcement and emergency response
communities with enhanced capabilities for detecting,deterring, disrupting, and preventing acts of
terrorism as described in the Federal Program Guidelines,specifically: planning, equipment,training
and exercise needs.All costs under these categories must be eligible under OMB Circular No.A-87
Attachment A, located at http://www.whitehouse.gov/omb/circulars/index.htm1.
3) The Notice of Sub-recipient Award is only an offer until the sub-recipient returns the signed copy
of the Notification of Sub-recipient Award in accordance with the date provided in the transmittal
letter.
4) Sub-recipient agrees to comply with any additional requirements set by their council of governments,
i.e.mutual aid agreements and UASI working group approvals.
5) Sub-recipient agrees to comply with the applicable financial and administrative requirements set forth
in the current edition of the Office of Justice Programs(OJP) Financial Guide located at
http://Www.ojp.usdoj.gov/oc/.
6) Sub-recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,
Audits of States, Local Governments, and Non-Profit Organizations,as further described in the current
edition of the OJP Financial Guide.
7) Sub-recipient agrees to make no request for reimbursement prior to return of this agreement and
signed by the authorized sub-recipient representative.
8) Sub-recipient 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.
9) Sub-recipient agrees to comply with the U.S. Department of Homeland Security Fiscal Year 2004
Urban Areas Security Initiative Grant Program Guidelines and Application Kit and the Notice of Award
from ODP to GDEM.
10) Sub-recipient agrees to monitor the activities of program participants as necessary to ensure that
federal awards are used for authorized purposes in compliance with laws, regulations, and the
provisions of contracts or grant agreements and that the performance goals are achieved.
11) 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.
12) Projects identified in the Domestic Preparedness Assessment website (www.texasdpa.com) must
identify and relate to the goals and objectives indicated by the applicable Texas Homeland Security
Strategic Plan for the grant period of performance.
13) Sub-recipient agrees to comply with all reporting requirements and shall provide such information as
required to GDEM for reporting as noted in the 2004 Federal Grant Guidelines.
14) Sub-recipient must prepare and submit quarterly performance reports to GDEM for the duration of
the grant performance period or until all grant activities are completed and the grant is formally
closed. Sub-recipient may also be required to submit additional information and data requested by
GDEM.
15) Sub-recipient agrees that exercise and training funds will be retained by GDEM(State Administrative
t e ning)and a elrcise servi els forth alocal jur sd Emergency oResponse and Training Center(NERTC)to provide
16) Sub-recipient agrees that, during the performance period of this grant, any and all changes to their
sub-recipient agreement regarding planning,training,equipment,and exercises must be routed
through the appropriate reviewing authority, either the local Council of as
or Urban Areas
Security Initiative(UASI)Working Group.
17) During the performance period of this grant,sub-recipient must maintain an emergency management
Plan at the Basic Level of planning preparedness, as prescribed by GDEM.This may be accomplished
by a jurisdiction maintaining its own emergency management plan or participating
interjurisdictionai 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.
i8) 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.
19) 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.
20) Sub-recipient agrees that, during the performance period of this grant,all communications equipment
Purchases must be reviewed and approved by the UASI points of contact(voting members)
Interoperability Committee.
21) GDEM may perform periodic reviews of sub-recipient performance of eligible activities and a
Projects.These reviews may include, without limitation: performance of on-site audit and compliance
monitoring -including approved
inspection of all grant-related records and items, comparing actual
sub-recipient 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, information provided on performance reports and
payment requests, needs and threat assessments and strategies.
22) GDEM may suspend or terminate sub-award funding, in whole or in part, or other measures may be
imposed for any of the following reasons: failing to comply with the requirements or statutory
objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth
in the sub-award application, failing to follow grant agreement requirements or special conditions,
failing to submit required reports,filing a false certification in the application or other report or
document.
23) GDEM 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 will send the final payment automatically to the sub-recipient.If the sub-recipient did
not use all the funds received, GDEM will issue an invoice to recover the unused funds.
24) Sub-recipient 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 ODP.
25) The sub-recipient agrees that all allocations and use of funds under this grant will be in accordance
With the Fiscal Year 2004 Homeland Security Grant Program Guidelines and Application Kit and must
support the goals and objectives included in the State Homeland Security Strategy and the Urban
Area Homeland Security Strategies.
26) When implementing Office of State and Local Government Coordination and Preparedness(SLGCP)
funded activities, the sub-recipient must comply with all federal civil rights laws, to include Title VI of
the Civil Rights Act,as amended.The sub-recipient is required to take reasonable steps to ensure
Persons of limited English proficiency have meaningful access to language assistance services
regarding the development of proposals and budgets and conducting SLGCP funded activities.
27) 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 SLGCP, 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 SLGCP or the
U.S. Department of Homeland Security.
28) The sub-recipient agrees that any equipment
Purchased with
marked as follows:`Purchased with funds provided by the U.S.Department of Homeland Security,
Exceptions to this requirement are Imi ed toitems where pia gran
gnof the ing shall be prominently
to the nature of the equipment.
marking is not possible due
29) The sub-recipient agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any information
required for the assessment or evaluation of any activities within this project.
30) Approval of this award does not indicate a y
detailed justification musts submitted t approval
I of an consultant rate in excess of
Of such funds. approved by GDEM prior to obligation$orr ex450 penditure
31) Sub-recipient acknowledges that SLGCP 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.
Recipient agrees to consult with SLGCP regarding the allocation of an
P g
or are purchased with,this funding, g g PPort.The
y patent rights that arise from,
32) Sub-recipient shall provide the assurances required by ODP.Failure to comply may result in the
withholding of funds, termination of the award or other sanctions.
33) Sub-recipient must register as a user of the Texas Regional Response Network
Major resources such as vehicles and trailers, equipment costing
teams/response units equipped and/or trained using $.e. ha or hazardous
mad ial,nd lzed entify all
decontamination, search and rescue,etc.).This registration is to ensure jurisdictions or organizations
are prepared to make grant funded resources available rtoo her jurisdictions through mutual
d
34) Sub-recipients must maintain an updated inventory of equipment purchased through this grant
program.
35) If a financial hardship exists,a sub-recipient may request an advance of grant funds for expenditures
incurred under this program.Requests must be made in writing by the chief elected official and
submitted to GDEM. Letters must also indicate that a financial hardship exists for the sub-recipient's
organization. GDEM will determine whether an advance will be made.
36) 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 28
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, at htt �R Part 66, Uniform
Rule 28 CFR Part 70pUnifo m Administrative Requirements for Grants and Agreements(including
gpo.Qov/nara/dr/waisidx 04/28cfrv2 04,html and the Uniform
sub-awards)with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations, at
hrtp://www.access.gPO•gov/nara cfr ( dmg
$100 must, on a quarterly basis, be em tted to: .An
United States Department of Health and Human Services y interest earned in excess of
Division of Payment Management Services
P.O. Box 6021
Rockville, MD 20852
Sub-recipients must report any interest remitted to GDEM.
37) Notice.All notices or communication required or permitted to be given by either a
be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested,
or sent by overnight courier, such as Federal party hereunder shall
forth below or overnight
such other address as one Express to the other party at its respective address set
hereunder. Mailed notices shall be deemed to be received on the third business day following the
date of mailing. Notices sent by overnight courier hall be deemed received the following ll give notice of to the other from time in time
Jack Colley, Chief Ilowing business day.
Division of Emergency Management
Office of the Governor
PO Box 4087 ,
Austin, TX 78773-0220
DATE: April 19, 2007
SUBJECT: City Council Meeting - April 26, 2007
ITEM: *12.C.2. Consider a resolution approving the return of unusedrant fu
nds
to the Governor's Division of Emergency Managementf or the 2004
State Homeland Security Program.
Department• Fire
Staff Person- Larry Hodge, Fire Chief
Richard Rago, Fire Captain/Emergency Preparedness Coordinator
.justification:
Staff recommends the approval for returning
from the 2004 State Homeland Security Grant Program 8 of unspent grant money received
Funding_•_
Cost: N/A
Source of funds: 2004 State Homeland Security Grant Program
Outside Resources:
Governor's Division of Emergency Management/State Homeland Security Grant Pro ram
9
Background Information
This grant application was originally filed through the Texas Engineering Extension Se
and was approved in 2004 by city council and was awardedIce
. The State then transferred a
grants from the direction of Texas Engineering Extension Service to the Governor's Dillvs
of Emergency Management. To complete the transfer, the grant was closed out t
Texas Engineering Extension Service and we had to reapply through the Texas Division of
Emergency Management. In February 2006, council a through
$111,782.58 through the Texas Division of Emergency M nagementcceptance of of
We are not allowed to spend the remaining amount due to timeline restrictions and
must
return the remaining amount of$581279,58 to the Governor's Division of Emergency
Management. The $58,279.58 was dedicated for the purchase of a radio system toprovide
'de
information broadcasting on an AM frequency.
Public Comment• N/A
EXECUTED
DOCUMENT
FOLLOWS
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT(GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP) '{
1.SUB-RECIPIENT NAME AND ADDRESS: 4.SUB-AWARD NUMBER:2004 HSGP-63500
Mayor Nyle Maxwell
221 E.Main St. 5.PERFORMANCE/BUDGET PERIOD FOR GRANTS:
Round Rock,TX 78664 December 1,2003 to February 28,2007
2.FEDERAL GRANT TITLE: 6.DATE OF FEDERAL AWARD TO GDEM:
2004 HOMELAND SECURITY GRANT PROGRAM May 26,2006
3A.FEDERAL GRANT AWARD NUMBER: 7.AMOUNT OF SUBAWARD:
Previous Award: $83,636.58
2004-GE-T4-4015 Expended: $25,357.00 (see breakdown below)
De-Obligated Amount: $58,279.58
Grant Balance: $0.00
3B.FEDERAL GRANTING AGENCY: S.SUBAWARD DATE: 9.ACTION:
OFFICE OF GRANTS AND TRAINING(G&T)DEPARTMENT OF March 20,2007 GRANT ADJUSTMENT(2)
HOMELAND SECURITY(OHS) This supersedes all previous awards.
10.SPECIAL CONDITIONS:
This Sub award Is subject to the ODP FY 2004 Homeland Security Grant Program Guidelines and Application Kit.The Guidelines and Kit can be
accessed at http•//www.ojp.usdoj.gov/odp/grants_programs.htm.The ODP periodically publishes Infomwtion Bulletins to release,update,amend or
clarify grants and programs which it administers.ODP's Information Bulletins can be accessed at http://www.ojp.usdoj.gov/odp/docs/buIL-urts.htm
and are incorporated by reference Into this Sub award.This Sub award Is also subject to the Federal Grant Award and to the grant guidance imposed
upon GDEM by DHS.
11.STATUTORY AUTHORITY FOR GRANT
This project is supported under Public Law 108-90,the Department of Homeland Security Appropriations Act of 2004.
12.A-133 REPORTING REQUIREMENT:
All sub-recipients must submit an audit report to the Federal Audit Clearinghouse if they expended more than$500,000 in federal funds in one fiscal
year.The Federal Audit Clearinghouse submission requirements can be found at http://harvester.census.gov/sac/.A report must be submitted to
GDEM-SAA each year this grant Is active.Sub-recipient shall comply with the audit requirements set forth in OMB Circular A-133.
13.METHOD OF PAYMENT:
Primary method is reimbursement.See the enclosed instructions for the process to follow in the submission of invoices.
14.DEBARMENT/SUSPENSION CERTIFICATION:
By signing in block 19 below,the sub-recipient official certifies the jurisdiction and Its'contractors/vendors are not presently debarred,suspended,
proposed for debarment,declared ineligible or voluntarily excluded by any federal department or agency at http://www.epls.gov.
15.NON-SUPPLANTING CERTIFICATION:
By signing in block 19 below,the sub-recipient 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.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.
AGENCY APPROVAL SUB-RECIPIENT ACCEPTANCE
16.APPROVING GDEM OFFICIAL 17.TYPED NAME AND TITLE OF AUTHORIZED SUB-RECIPIENT
Jack Colley,Chief OFFICIAL
Division of Emergency Management t�1 L� MAXWELL,)
n /,t I-/ � ) /y1 Ll`/o p
Office of the Governor 1V ` ��/T 1 WE L 1 r )9 7 RJ
I.S.SIGNATURE OF APPROVING GDEM OFFICIAL 19.SIGNATURE OF AUTHORIZED 20.DATE
SUB-RECIPIENT OFFICIAL
b--0 7
,JW7
21.AWARD BREAKDOWN(The amounts below represents expendRu for the a"grant.)
D• Grant Previous ExpendedDeobligated Balance
97.073 1 2004 DEM SHSP 1 $83,636.58 1 $25,357.00 $58,279.58 $0.00
R-07-0,-.1&,--19(', Z
GOVERNOR'S DIVISION OF EMERGENCY � _ 7771t
MANAGEMENT(GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP) ,T.
AWARD NUMBER 2004 HSGP-63500
SPECIAL CONDITIONS
1) Purpose: Sub-grant funds will be used to(a)provide assistance for homeland security and
emergency operations planning; (b)purchase specialized equipment to enhance the capability of
state and local agencies to prevent, respond to and mitigate incidents of terrorism involving the use
of chemical, biological, radiological, nuclear, explosive (CBRNE)and cyber attacks; (c) provide
assistance for costs related to design, development and conduct of a state CBRNE and cyber security
training programs and attendance at ODP sponsored CBRNE training courses; (d) provide assistance
for cost related to the design, development, conduct and evaluation of CBRNE and cyber security
exercises; (e) provide assistance for costs associated with implementing state homeland security
assessments and strategies.
2) Overview : Funds provided shall be used to provide law enforcement and emergency response
communities with enhanced capabilities for detecting,deterring, disrupting, and preventing acts of
terrorism as described in the Federal Program Guidelines,specifically: planning, equipment,training
and exercise needs.All costs under these categories must be eligible under OMB Circular No.A-87
Attachment A, located at http://www.whitehouse.gov/omb/circulars/index.htmi.
3) The Notice of Sub-recipient Award is only an offer until the sub-recipient returns the signed copy
of the Notification of Sub-recipient Award in accordance with the date provided in the transmittal
letter.
4) Sub-recipient agrees to comply with any additional requirements set by their council of governments,
i.e.mutual aid agreements and UASI working group approvals.
5) Sub-recipient agrees to comply with the applicable financial and administrative requirements set forth
in the current edition of the Office of Justice Programs(OJP) Financial Guide located at
http://www.ojp.usdoj.gov/oc/.
6) Sub-recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,
Audits of States, Local Governments, and Non-Profit Organizations,as further described in the current
edition of the DIP Financial Guide.
7) Sub-recipient agrees to make no request for reimbursement prior to return of this agreement and
signed by the authorized sub recipient representative.
8) Sub-recipient 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.
9) Sub-recipient agrees to comply with the U.S. Department of Homeland Security Fiscal Year 2004
Urban Areas Security Initiative Grant Program Guidelines and Application Kit and the Notice of Award
from ODP to GDEM.
30) Sub-recipient agrees to monitor the activities of program participants as necessary to ensure that
federal awards are used for authorized purposes in compliance with laws, regulations,and the
provisions of contracts or grant agreements and that the performance goals are achieved.
11) 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.
12) Projects identified in the Domestic Preparedness Assessment website (www.texasdpa.com) must
identify and relate to the goals and objectives indicated by the applicable Texas Homeland Security
Strategic Plan for the grant period of performance.
13) Sub-recipient agrees to comply with all reporting requirements and shall provide such information as
required to GDEM for reporting as noted in the 2004 Federal Grant Guidelines.
14) Sub-recipient must prepare and submit quarterly performance reports to GDEM for the duration of
the grant performance period or until all grant activities are completed and the grant is formally
closed. Sub-recipient may also be required to submit additional information and data requested by
GDEM.
15) Sub-recipient agrees that exercise and training funds will be retained by GDEM (State Administrative
Agency)who will contract with National Emergency Response and Training Center(NERTC)to provide
training and exercise services for local jurisdictions.
16) Sub-recipient agrees that, during the performance period of this grant,any and all changes to their
sub-recipient agreement regarding planning,training,equipment, and exercises must be routed
through the appropriate reviewing authority,either the local Council of Government or Urban Areas
Security Initiative(UASI)Working Group.
17) During the performance period of this grant,sub-recipient must maintain an emergency management
plan at the Basic Level of planning preparedness,as prescribed by GDEM.This may be accomplished
by a jurisdiction maintaining its own emergency management plan or participating in an
interjurisdictional 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.
18) 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.
19) 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.
20) Sub-recipient agrees that, during the performance period of this grant,all communications equipment
purchases must be reviewed and approved by the UASI points of contact(voting members)
Interoperability Committee.
21) GDEM may perform periodic reviews of sub-recipient 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
sub-recipient 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, information provided on performance reports and
payment requests, needs and threat assessments and strategies.
22) GDEM may suspend or terminate sub-award funding, in whole or in part, or other measures may be
imposed for any of the following reasons: failing to comply with the requirements or statutory
objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth
in the sub-award application,failing to follow grant agreement requirements or special conditions,
failing to submit required reports,filing a false certification in the application or other report or
document.
23) GDEM 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 will send the final payment automatically to the sub-recipient.If the sub-recipient did
not use all the funds received, GDEM will issue an invoice to recover the unused funds.
24) Sub-recipient 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 ODP.
25) The sub-recipient agrees that all allocations and use of funds under this grant will be in accordance
with the Fiscal Year 2004 Homeland Security Grant Program Guidelines and Application Kit and must
support the goals and objectives included in the State Homeland Security Strategy and the Urban
Area Homeland Security Strategies.
26) When implementing Office of State and Local Government Coordination and Preparedness(SLGCP)
funded activities, the sub-recipient must comply with all federal civil rights laws,to include Title VI of
the Civil Rights Act, as amended.The sub-recipient is required to take reasonable steps to ensure
persons of limited English proficiency have meaningful access to language assistance services
regarding the development of proposals and budgets and conducting SLGCP funded activities.
27) 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 SLGCP, 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 SLGCP or the
U.S. Department of Homeland Security.
28) The sub-recipient agrees that any equipment purchased with grant funding shall be prominently
marked as follows:`Purchased with funds provided by the U.S. Department of Homeland Security.'
Exceptions to this requirement are limited to items where placing of the marking is not possible due
to the nature of the equipment.
29) The sub-recipient agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to,the provision of any information
required for the assessment or evaluation of any activities within this project.
30) 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 prior to obligation or expenditure
of such funds.
31) Sub-recipient acknowledges that SLGCP 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 SLGCP regarding the allocation of any patent rights that arise from,
or are purchased with,this funding.
32) Sub-recipient shall provide the assurances required by ODP.Failure to comply may result in the
withholding of funds,termination of the award or other sanctions.
33) 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.
34) Sub-recipients must maintain an updated inventory of equipment purchased through this grant
program.
35) If a financial hardship exists, a sub-recipient may request an advance of grant funds for expenditures
incurred under this program. Requests must be made in writing by the chief elected official and
submitted to GDEM. Letters must also indicate that a financial hardship exists for the sub-recipient's
organization. GDEM will determine whether an advance will be made.
36) 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 28 CFR 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 28 CFR Part 70, Uniform Administrative Requirements for Grants and Agreements(including
sub-awards)with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations, at
http://www.access.gpo.gov/nara/cfr/waisidx_03/28cfr70_03.html .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
Sub-recipients must report any interest remitted to GDEM.
37) 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.
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
PO Box 4087
Austin,TX 78773-0220