HomeMy WebLinkAboutC2008-567 - 7/8/2008 - ApprovedRICK PERRY
Governor
9,Do 7 - s
ry4:
DIVISION OF EMERGENCY MANAGEMENT
Office of the Governor
Mailint Address:
PD Box 4087
Austin, Texas 78773 -0220
The Honorable Henry Garrett, Jr.
Mayor, City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
Dear Mayor Garrett:
Contact Numbers: Physical Address:
512.424 -2138 Duty Hours 5805 N. Lamar Blvd.
512 -424 -2277 Non -Duty Hours Austin, Texas 78752
512 -424 -2444 Fax
June 12, 2008
STEVEN MCCRAW
Director
Office or Homeland Security
JACK COLLEY
Chief
Your jurisdiction is being awarded a sub -grant for the FY 07 Public Safety Interoperable
Communications (PSIC) Grant project. These funds will provide your jurisdiction the capability to
acquire, deploy, and provide training on interoperable communication systems.
The following additional grant - related documents are enclosed:
1. Notice of Sub- recipient Award. (Enclosure 1)
The Notice of Sub - recipient Award for the 2007 PSIC 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.
2. Direct Deposit Authorization. (Enclosure 2)
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:
ht!p://www.window.state.tx.us/taxinfo/taxfoTms/74-1 L& df. 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, you do not need to submit another unless your bank account information has
changed.
FEM"HS
2008 -567
M2008 -162
07/08/08 A.war&SR'V CI'I °ID'S AND C:C)TsN T'IE&I..Corptls Christi LiT.doc
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Please send the original signed Sub - Recipient Agreement and signed Direct Deposit Authorization (if
applicable) to GDEM at the following address:
Mail:
Texas Department of Public Safety
Governors Division of Emergency Management
Attention: SAA Section
P.O. Box 4087
Austin, TX 78773 -0270
Courier:
Texas Department of Public Safety
Governor's Division of Emergency Management
Attention: SAA Section
5805 N. Lamar
Austin, TX 78752
Please retain a copy of each form for your records.
The deadline for returning the signed Notice of Sub - Recipient Award and signed Direct Deposit
Authorization (if applicable) is July 20, 2008 The offer of a PSIC sub -grant may be withdrawn if the
required materials are not postmarked by the due date.
If you have any program questions regarding PSIC, please contact Cindy Hood at the SAA at
(512) 377 -0020.
Sincerely,
(: )ck Colley
Chief
Enclosures:
1. 2007 Notice of Sub - recipient Award
2. Direct Deposit Authorization
S_'\Gv nL Admill€stratio)i' PSIC'1Aw Lrd'• , SRA:tC;ITFE'S .A:NL) COUNTIES"I•C orpus Clirkti_Lindoc
Governor's Division of Emergency Management
2007 Sub - Recipient Agreement
for
$94 City of Corpus Christy'
June 6, zoos
m�l�uR��(Peal+e ar1F1, s G , 2, prepared by: Hood, Gindy 3. Award Number: 07 -SR 17000 -02
Mayor Henry Garrett, Jr. Federal Grant Title: Public Safety Interoperable Communications Grant Program
City of Corpus Christi Federal Grant Award Number: 2007 -GS -H7 -6044
1201 Leopard Street Date Federal Grant Awarded to GDEM: October 7, 2007
Corpus Christi, TX 78401
Federal Granting Agency: Federal Emergency Management Agency
Dept. of Homeland Security Preparedness Directorate
Note: Additional Budget Sheets (Attachment A): No
Total Project
Amount PSIC Award Local Match
11.555 Requirement
$2,247,838.75 $1,798,271.00 $449,56'7.75
This award supersedes all previous awards. (Performance Period: Oct 7, 2007 to Jun 30, 2010
6. Statutory Authority for Grant: This project is supported under 3006 of Pub. L. No. 109 -171 as amended by Section 2201 (a) of
Pub. L.No. 110 -53, and Section 4 of Pub. L. No. 109 -459.
7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of
invoices.
S. 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.epis.gov.
Approving GDEM Official:
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
Signature of GDEM Official:
(:: :? e � �
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub - Recipient official: Signature of Sub- Recipient Official:
(�
9. �J of
31. Enter Emph E j f deral Tax Identification Number: 12. Date Signed
- ':' - 7� c, 000674
13. DUE DATE:
Signed award and Direct Deposit Form (if applicable) must be returned to GDEM on or before the above due date.
,
By COUNCIL . ����
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS (PSIC) GRANT PROGRAM
AWARD NUMBER 2007 HSGP - 17000
TERMS AND CONDITIONS
PURPOSE AND OVERVIEW
The Department of Commerce's National Telecommunications and Information Administration (NTIA), in
consultation with the Department of Homeland Security (DHS), was authorized to establish and administer
the Public Safety Interoperable Communications (PSIC) Grant Program as directed by Section 3006 of the
Deficit Reduction Act of 2005 (Pub. L. No. 109 -171.) The Governor of each State and Territory has
designated a State Administrative Agency (SAA) which can apply for and administer the funds under the
PSIC Grant Program. The SAA is responsible for obligating PSIC funds to eligible pass - through recipients,
which is statutorily defined as a public safety agency that is a State, local, or tribal government entity or
nongovernmental organization authorized by such entity, whose sole or principal purpose is to protect safety
of life, health, or property.
Sub -grant funds provided shall be used to assist public safety agencies in the acquisition of, deployment of,
or training for the use of interoperable communications systems that utilize reallocated 700 MHz spectrum for
radio communications. All costs under these categories must be eligible under OMB Circular No. A -87
Attachment A, located athtto://www.whitehou§2.ciov/omblcircLLIars/index.html.
1) AWARD ACCEPTANCE
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 by the date provided in the transmittal letter.
2) GUIDANCE
This Sub - recipient is subject to the program guidance contained in the The National Telecommunications
and Information Administration and the Federal Emergency Management Agency National Preparedness
Directorate (FEMA NPD) 2007 Public Safety Interoperable Communications Grant Program /Program
Guidance and Application Kit. The Program Guidance and Application Kit can be accessed at
http:// www. ojp. usdoj. gov / odp /doc /psi4q_guidance2007O8t6.pdf. Federal Emergency Management
Administration National Preparedness Directorate (FEMA NPD) 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. ojp. usdoj .gov /odp /dots /builetins.htm and are incorporated by reference into this sub - grant.
This sub -award is also subject to any Public Safety Interoperable Communications (PSIC) grant guidance
issued by NTIA or the Governor's Division of Emergency Management (GDEM).
3) COMPLIANCE - FEDERAL
A. Sub- recipient hereby assures and certifies compliance with all applicable Federal statutes,
regulations, policies, guidelines, and requirements, including OMB Circulars A -21, A -87, A -102,
A -110, A -122, A -133; Ex. Order 12372 (intergovernmental review of federal programs); and 28
C.F.R. parts 18, 22, 23, 30, 35, 38, 42, 61, and 63, 66 or 70 (administrative requirements for
grants and cooperative agreements).
B. Sub - recipient will 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 U.S. Department of Homeland Security, Preparedness Directorate, Office of
Grants and Training, Office of Grant Operations (OGO)'s f=inancial Management Guide at
http: // www /dhs.gov /xiibrary/assets /grants_fii nancialmanagementguide. pdf
C. When implementing NTIA 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 NTIA funded activities.
D. Sub- recipient agrees to comply with the applicable financial and administrative requirements set
forth in the current edition of the Office of Justice Programs Financial Management Guide located
at http: / /www.ojp.usdoj.gov /oc /.
E. Sub- recipient will assist the awarding agency (if necessary) in assuring compliance with section
106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593
(identification and protection of historic properties), the Archeological and Historical Preservation
Act of 1974 (16 U.S.C. § 469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42
U.S.C. § 4321). (Federal Assurance)
Page 2 OF 8
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS (PSIC) GRANT PROGRAM
TERMS AND CONDITIONS
COMPLIANCE - FEDERAL (continued)
F. Sub - recipient must comply (and must require contractors to comply) with any applicable
statutorily - imposed nondiscrimination requirements, which may include the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §
10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b));
the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94);
the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 -34); the Education Amendments of
1972 (20 U.S.C. § §1681, 1683, 1685 -86); and the Age Discrimination Act of 1975 (42 U.S.C. §§
6101 -07), see Ex. Order 13279 (equal protection of the laws for faith -based and community
organizations). (Federal Assurance)
G. 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)
H. If the sub - recipient is a governmental entity, it must.comply with requirements of 5 U.S.C. §§
1501 -08 and §§ 7324 -28, which limit certain political activities of State or local government
employees whose principal employment is in connection with an activity financed in whole or in
part by federal assistance. (Federal Assurance)
I. The sub - recipient will cooperate with any Federal, State or Council of Governments 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.
J. Sub- recipient agrees to comply with any additional requirements set by their Council of
Governments (COG) in the project notes area on the State Preparedness Assessment and
Reporting Service (SPARS) website for each project, i.e. mutual aid agreements and UASI working
group approvals, if applicable.
K. Drug Free Workplace
As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart
F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. The sub - recipient
certifies that it will or will continue to provide a drugfree workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2. Establishing an on -going drug -free awareness program to inform employees about the
dangers of drug abuse in the workplace; the grantee's policy of maintaining a drug -free
workplace; any available drug counseling, rehabilitation, and employee assistance
programs; and the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph 3(K)(1);
4. Notifying the employee in the statement required by paragraph (3)(K)(1) that, as a
condition of employment under the grant, the employee will abide by the terms of the
statement; and Notify the employer in writing of his or her conv iction m
iction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days after such
conviction;
5. Notifying the Governor's Division of Emergency Management/State Administrative Agency
(GDEM /SAA), in writing, within 10 calendar days after receiving notice under subparagraph
3(K)(4), from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to
GDEM /SAA. Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 3(K)(4), with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs 1), 2), 3), 4), 5), and 6). (Federal Certification)
Page 3 OF 8
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS (PSIC) GRANT PROGRAM
TERMS AND CONDITIONS
4) COMPLIANCE - STATE
A. To the extent it applies, jurisdiction shall comply with Texas Government Code, Chapter 783, 1
TAC 5.141etseq. , and the Uniform Grant Management Standards, State Uniform Administrative
Requirements for Grants and Cooperative Agreements, Subpart B, _.14.
B. By signing this sub- recipient agreement and accepting funds, sub - recipient hereby certifies
agreement to the Texas SCIP Governance Structure and Charter, and compliance with all
guidelines, provisions, and requirements of the Statewide Communications Interoperability Plan
(SCIP). Sub - recipient also affirms it is a participant in a Regional Interoperable Communications
Standard Operating Procedures Policy, and is a signatory to the Memorandum of Understanding
with the Texas Department of Public Safety regarding the Texas Statewide Interoperability
Channel Plan (TSICP) and compliance thereto.
5) FAILURE TO COMPLY
GDEM /SAA may suspend or terminate sub -award funding, in whole or in part, or other measures may be
imposed for any of the following reasons: failing to comply with the requirements or statutory objectives
of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the
sub -award application, failing to follow grant agreement requirements or special conditions, failing to
submit required reports, or filing a false certification or other report or document. Satisfactory Progress
is defined as accomplishing the following during the performance period of the grant: requesting federal
funds for purchases, training, etc. and deciding what purchases will be made, ordering the equipment,
ensuring the equipment is shipped and received, and training is accomplished with the equipment (or
readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner.
Special Conditions may be imposed on sub - recipient's use of grant funds until corrective
actions are taken to address issues identified during grant monitoring visits conducted by .
GDEM, NTIA, or their representative.
6) CONFLICT OF INTEREST
The sub - recipient will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of interest or personal
gain.
7) LOBBYING
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 64, the
sub - recipient certifies that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
sub - recipient, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any Federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal grant or cooperative agreement;
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions. htto:// www. whitehouse .aov /_omb /orants /sflllip_pdff
8) DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67,
for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section
67.510. (Federal Certification)
Page 4 OF 8
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS (PSIC) GRANT PROGRAM
TERMS AND CONDITIONS
8) DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS (continued)
The sub - recipient certifies that it and its principals and vendors:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily
excluded from covered transactions by any Federal department or agency;
sub - recipients can access debarment information by going to www.eols.gov and the
State Debarred Vendor List
www.tbpc. state.tx. us /communities /procure ment/prog /vendor perform ance /debarred.
B. Have not within a three -year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
D. Have not within a three -year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default; and
E. Where the applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application. (Federal Certification)
9) MONITORING
A. Sub- recipient will provide GDEM, State Auditor, NTIA, or DHS personnel or their
authorized representative, access to and the right to examine all paper or electronic
records related to the financial assistance.
B. Sub- recipient agrees to monitor their program to ensure that federal awards are
used for authorized purposes in compliance with laws, regulations, and the
provisions of contracts or grant agreements and that the performance goals are
achieved. In addition, Councils of Governments will perform periodic monitoring of
grant recipients to ensure compliance.
C. GDEM /SAA 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, verifying information provided in
performance reports and reviewing payment requests, needs and threat
assessments and strategies.
10) REPORTING
A. 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 h tto: //harvester. cen ov a . A report must be submitted to GDEM /SAA
each year this grant is active.
B. Sub - recipient agrees to comply with all reporting requirements and shall provide
such information as required to GDEM /SAA for reporting as noted in the 2007.
Federal Grant Guidelines and /or in accordance with GDEM /SAA guidance.
C. Sub - recipient must prepare and submit performance reports to GDEM /SAA 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 /SAA.
Page 5 OF 8
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT(GDEM)
PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS (PSIC) GRANT PROGRAM
TERMS AND CONDITIONS
11) USE OF FUNDS
A. Sub- recipient understands and agrees that it cannot use any PSIC 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 the NTIA.
B. The sub - recipient agrees that all allocations and use of funds under this grant will be in
accordance with the FY 2007 Public Safety Interoperable Communications Grant Program
Guidelines and Application Kit and must support the goals and objectives included in the State
Homeland Security Strategic Plan and the Statewide Communication Interoperability Plan
(SCIP).
C. 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.
D. Recipients will provide, from non - federal sources, not less than 20 percent of the costs of
acquiring and deploying the interoperable communication systems funded under this award.
Although the matching costs proposed in the Recipient's application represents the Recipient's
best estimate of actual required matching costs, the final amount of required matching costs will
be determined after submission and NTIA's approval of the Recipient's Investment
Justification(s). The final approval matching costs will not be less than 20 percent of the costs of
acquiring and deploying the interoperable communication systems funded under this award.
12) REIMBURSEMENT
A. Sub - recipient agrees to make no request for reimbursement prior to return of this agreement
and signed by the authorized sub - recipient representative.
B. 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.
13) ADVANCE FUNDING
A. 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 designated
representative and submitted to GDEM /SAA. This will be accomplished using the SPARS website
by following the instructions for generating hardship letters. GDEM /SAA will determine whether
an advance will be made.
B. 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 ;Hwww. 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 /28dr7g_03.htmi.
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
14) TRAINING, EXERCISE, & EQUIPMENT REQUIREMENTS
A. 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 Governments or
Urban Area Security Initiative (UASI) Working Group.
B. Sub- recipients must maintain an updated inventory of equipment purchased through this grant
program in accordance with Uniform Grant Management Standards — III, State Uniform
Administrative Requirements for Grants and Cooperative Agreements, Subpa rt C - Post -Award
Requirements, Reports, Records, Retention, and Enforcement, .32 Equipment and the Office of
Grant Operations Financial Management Guide.
http:// www.dhs.aovlxlibrary/assets/Grants FinancialManagetnentGuide.pcif
Page 6 OF 8
GOVERNOR'S DIVISION OF EMERGENCY
,MANAGEMENT (GDEM)
PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS (PSIC) GRANT PROGRAM
TERMS AND CONDITIONS
15) 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 2007 must
be achieved by completing actions outlined in the NIMS Implementation Matrix. Beginning in FY 07
compliance will no longer be measured by self - certification, but will transition to performance -based
questions and a measurement system of metrics.
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.
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:
htti)://www.fema,aovlerneEgency/nimstnims traininci.s htm
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.
S. Maintaining an inventory of emergency response assets, and identifying key assets by
resource typing standards developed by FEMA to facilitate multi- agency response. For
resource typing information, see: htto• / /www.femo.00v/ emergency /nims /rm /rt.shtm
6. Complete the NIMS baseline assessment and develop a local NIMS implementation plan.
7. Participate in an alt- hazard exercise program based on NIMS that involves responders
from multiple disciplines and multiple jurisdictions.
For a more detailed description of these requirements, as well as other NIMS implementation
requirements, see http: I/www.fema-gov/D(Jf/ mtrx states. ndf
16) OTHER REQUIREMENTS
A. Projects identified in the State Preparedness Assessment Report System (SPARS)
(www.texasdpa.com) must identify and relate to the goals and objectives indicated by the
applicable 10 approved project investments for the period of performance of the grant.
B. During the performance period of this grant, sub- reciplent agrees that it will participate in a
legally- adopted county and /or regional mutual aid agreement.
C. During the performance period, the sub- recipient must register as a user of the Texas Regional
Response Network (TRRN) and identify all major mobile resources costing $5,000 or more. This
registration is to ensure jurisdictions or organizations are prepared to make grant funded
resources available to other jurisdictions through mutual aid.
17) CLOSING THE GRANT
A. The sub - recipient must have all equipment ordered by April 30, 2010. The last day for
submission of invoices is June 30, 2010.
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 wilt issue a Grant Adjustment Notice (GAN) to recover the unused funds.
C. GDEM /SAA will unilaterally close out grant if sub - recipient does not reconcile account and sign
closeout GAN by September 30, 2010.
Page 7 OF 8
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS (PSIC) GRANT PROGRAM
TERMS AND CONDITIONS
18) PUBLICATIONS
A. Sub - recipient acknowledges that the National Telecommunication Information Administration
(NTIA) and FEMA National Preparedness Directorate (NPD) 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 NTIA and FEMA
NPD regarding the allocation of any patent rights that arise from, or are purchased with, this
funding.
B. 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 NTIA and FEMA NPD, 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."
19) 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. Alt 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.
City of Corpus Christi
Mayor Henry Garrett, Jr.
1201 Leopard StreetTX
Corpus Christi, 78401
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
PO Box 4087
Austin , TX 78773 -0270
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