HomeMy WebLinkAboutC2009-447 - 11/10/2009 - ApprovedA
TEXAS DIVISION OF EMERGENCY MANAGEMENT
TEXAS DEPARTMENT OF PUBLIC SAFETY ASSISTANT DIRECTOR/CHIEF
JACK COLLEY
W W W.TXDPS. STATE.TX.US/DEM
October 1, 2009 ~/~~~ ~'~~
',,~~ ~~
The Honorable Joe Adame ~ , ' ~~ w
Mayor, City of Corpus Christi ': ~ DECEIVED }'
1201 Leopard St. 1`~ office of the
Corpus Christi, TX 78401 0`''cl~ SAY®~ ~v~
Dear Mayor Adame: \~~~ ~~ LZ~Z~'~~
Your jurisdiction is being awarded asub-grant for the Fiscal Year (FY) 2009 Homeland Security Grant Program
(HSGP) to carry out homeland security projects that will significantly improve local and regional terrorism
prevention, preparedness, response, and recover capabilities. Proposed local, regional, and urban area projects were
grouped into investments that were submitted to U. S. Department of Homeland Security (DHS) for review and
approval. Grant funds must be used for projects which support the investments approved by DHS, which are
identified in Enclosure 1.
The following additional grant-related documents are enclosed:
• Notice of Sub-recipient Award (SRA) -Enclosure 2
The Notice of Sub-recipient Award for the 2009 HSGP must be signed by the chief elected official of your
jurisdiction unless that authority has been delegated. Other signatures will require an accompanying statement
from the chief elected official authorizing the individual to sign for the jurisdiction.
• Direct Deposit Authorization -Enclosure 3
A. TDEM must have a current Direct Deposit Authorization from your jurisdiction in order to transfer grant
funds electronically to a designated bank account to reimburse you for grant-funded expenses. Additional
copies are available from the Texas State Comptroller's website at:
http•//www window state.tx.us/taxinfo/taxforms/74-1S8.pdf. An appropriate local official, typically your
finance officer, must sign the Direct Deposit Authorization.
B. If you submitted a completed Direct Deposit Authorization form with prior Homeland Security Grant
Program awards, you do not need to submit another unless your bank account information has changed.
The deadline for returning the signed Notice of Sub-Recipient Award, Exhibit B and C of the Terms and
Conditions, and Direct Deposit Authorization (if applicable) is November 18, 2009. The offer of a homeland
security sub-grant will be withdrawn if the required materials are not postmarked by the due date. Extensions to
this date will not be granted. Please submit above documents to the following addresses:
2009-447
Res. 028388
11/10/09
istin, Texas 78773 Courier: S80S N. Lamar Blvd. Austin, Texas 78752
is S 12-424-2138 * 24 hour: S 12-424-2208 ~ Fax: S 12-424-2444
Texas Dept. Of Public Safety
Mail:
Division of Emergency Management
Attention: SAA Section
P.O. Box 4087
Austin, TX 78773-0270
Please retain a copy of each form for your records.
Courier:
Division of Emergency Management
Attention: SAA Section
5805 N. Lamar
Austin, TX 78752
If you have any program questions regarding HSGP, please contact Edwin Staples at the SAA at 512-377-0002
or 512-377-0000.
Sincerely,
G;B~
Jack Colley C~
Assistant Director/Chief
JC:es
Enclosures:
1. DHS Approved Investments
2. 2009 Notice of Sub-recipient Award
3. Direct Deposit Authorization
Texas Division of Emergency Management
ytia4n of ~rr
a
2009 Sub-Recipient Agreement
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eap 51i4~
City of Corpus Christi
Da[e oP A;v~ard
September 29, 2009
i. Sub-Rec(plent Name and Address 2. Prepared by: Boyles, Linda 3. SAA Award Number: 09-SR 17000-03
4. Federal Grant Information
Federal Grant Title: Homeland Security Grant Program
Mayor Joe Adame
City of Corpus Christi Federal Grant Award Number: 2009-SS-T9-0064
1201 Leopard Street Date Federal Grant Awarded to TDEM: August 1, 2009
Corpus Christi, TX 78401 Department of Homeland Security
Federal Granting Agency: FEMA
Grant Programs Directorate
5. Award Amount and Grant breakdowns
Note: Additional Budget Sheets (Attachment A): ~ Yes ~ No
Total Award
Amount UASI UASI-LEAP CCP MMRS
CFDA:97.067 SHSP
97.073 SHSP-LEAP
97.073 97.008 97.008 97.053 97.071
$1,750,442.43 gi,o3o,~4s.ss $398,475.85 ~o.oo so.oo ~o.oo s3zi,zzi.oo
This award supersedes all previous awards. Performance Period: Aug 1, 2009 to Apr 15, 2012
6. Statutory Authority for Grant: This project is supported under Consolidated Security, Disaster Assistance and Continuing
Appropriations Act. 2009 Public Law No. 110-329.
7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of
invoices.
8. Debarment/Suspension Certification: The Sub-Recipient certifies that the subgrantee and its' contractors/vendors are not
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency
and do not appear in the Excluded Parties List System at http://www.epls.gov.
9: _ Agency APProvdl ,
Approving TDEM Official: Signature of TDEM Official:
Jack Colley, Chief
Texas Division of Emergency Management
Department of Public Safety
10. Sub-Recipient Acceptance
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub-Recipient official: Signature of Sub-Recipient Official:
r
Angel Escobar,
City Manager 7jc~-~G!.y->
~C
11. Enter Employer Identification Number (EIN) /Federal Tax Identi ation Number:
Rl1~143>21'Zk~
e~ ~~ $ 12. Date Signed
.
74-6000-574 ~~' lt'~1
13. DUE DATE: I - : + ~ ' w +
r
Signed award and Direct Deposit Form (if applicable) must be retur 't~ ~ ~ .ttue date.
FY 2009 INVESTMENTS APPROVED BY DHS
State Investments
1. Improve Communication Interoperability
2. Intelligence and Information Sharing and Dissemination
3. Enhance State, Regional and Local Planning
4. Enhance State, Regional and Local EOCs
5. CBRNE Detection, WMD, Hazmat Response and Decon
6. Protection Critical Infrastructure
7. Community Preparedness & Emergency Public Information & Warning
8. Strengthen Medical Surge and Mass Prophylaxis
9. Enhance Border Security Program
10. Reduce Threats to Agriculture & Enhance Emergency Response
1 1. Search and Rescue Capability
Note: Highlighted investments are multi-regional projects
Austin Area UASI Investments
t . Tom Miller Dam Target Hardening
2. Planning and Coordination
3. Austin Regional Intelligence Center
4. TEXAS PEER-TO-PEER UASI PLANNING NETWORK
Dallas/Fort Worth/Arlington Area UASI Investments
1. All Hazards Incident Management Team Development & Enhancement
2. TEXAS PEER-TO-PEER UASI PLANNING NETWORK
3. Regional Multi-Agency Intelligence Fusion Center and Data Sharing
4. Critical Infrastructure Security Enhancement
5. Enhance Command and Control At All Levels to Include Emergency Operation
Center Functions
6. Enhance Law Enforcement Capability to Respond to Terrorism Incidents and
Catastrophic Events
7. Enhance CBRNE Response Capability Including HazMat and Specialized Fire
Response
8. Enhance Search and Rescue Capability to Respond to Terrorism Incidents and
Catastrophic Events
9. Enhance Medical Surge, Mass Prophylaxis, and Fatality Management Capability
10. Enhance Interoperable Communications
2009 TERMS AND CONDITIONS
Homeland Security Grant Program (HSGP)
FY 2009 HSGP is comprised of four separate grant programs:
• State Homeland Security Program (SHSP)
• Urban Areas Security Initiative (UASI)
• Metropolitan Medical Response System (MMRS)
• Citizen Corps Program (CCP)
Parties to Sub-recipient Agreement
This Sub-recipient agreement is made and entered into by and between the Texas Division of Emergency
Management/State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "TDEM," and the
funds recipient, hereinafter referred to as the "Sub-recipient." Furthermore, TDEM and the Sub-recipient are collectively
hereinafter referred to as the "Parties." By this Sub-recipient agreement's execution, the Parties have severally and
collectively agreed to be bound to the mutual obligations and to the performance and accomplishment of the tasks
described in this Sub-recipient agreement. The Sub-recipient Agreement is only an offer until the Sub-recipient returns
the signed copy of the 2009 Sub-recipient Agreement in accordance with the date provided in the transmittal letter and in
the agreement. The Sub-recipient must also certify to the statements provided in Exhibits B and C by signing and
returning a copy of these documents with the Sub-recipient Agreement.
Overview, Special Conditions and Performance Standards
A. Overview.
State Homeland Security Grant (SHSP)
The State Homeland Security Program (SHSP) is a core assistance program that provides funds to build capabilities
at the State and local levels and to implement the goals and objectives included in State Homeland Security
Strategies and initiatives in the State Preparedness Report. SHSP supports the implementation of State Homeland
Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts
of terrorism and other catastrophic events. In addition, SHSP supports the implementation of the National
Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response
Framework (NRF).
Urban Areas Security Initiative (UASI)
Urban Areas Security Initiative (UASI) program funds address the unique planning, organization, equipment, training,
and exercise needs ofhigh-threat, high-density Urban Areas, and assist them in building an enhanced and
sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism.
Metropolitan Medical Response System (MMRS)
The MMRS program supports the integration of emergency management, health, and medical systems into a
coordinated response to mass casualty incidents caused by any hazard: MMRS Grantees will reduce the
consequences of a mass casualty incident during the initial period of a response by having augmented existing local
operational response systems before the incident occurs.
Citizen Corps Program (CCP)
The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of
community members and organizations in emergency preparedness, planning, mitigation, response, and recovery.
Federal programs, such as the U.S. Department of Health and Human Services Assistant Secretary for
Preparedness and Response (DHHS-ASPR) Hospital Preparedness Program and Emergency Systems for Advance
Registration of Volunteer Health Professionals (ESAR-VHP), Center for Disease Control and Prevention Cities
Readiness Initiative and Strategic National Stockpile, to coordinate and support plans, processes and strategies
related to, but limited to: Continuity of Government; Continuity of Operations; Equipment and Supplies Procurement;
Fatality Management; Forward Movement of Patients; Hospital Evacuation; Interoperable Communications; Patient
Tracking; Pharmaceutical and Medical Supply Management and Distribution; Public Education; Outreach and
Information; Recruiting Volunteers; and Training; ensure the "MMRS Leadership" is fully represented on the Urban
Area Working Group in cases where a MMRS grant is awarded and a UASI program exists; ensure all neighboring
MMRS subgrantees actively and demonstratively collaborate to develop a regional plan that supports the MMRS
mission in that region in cases where MMRS subgrantees are located adjacent to one another and implement an
Investment Justification that clearly identifies the size of the populations included in the planning and operational
areas supported by the MMRS grant. The Metropolitan Medical Response System (MMRS) provides funds to build
capabilities at the State and local levels to implement the goals and objectives included in State Homeland Security
Strategies and initiatives in the State Preparedness Report. MMRS supports the implementation of State Homeland
Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts
of terrorism and other catastrophic events. In addition, MMRS supports the implementation of the National
Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response
Framework {NRF).
Activities implemented under MMRS must support terrorism preparedness by building or enhancing capabilities that
relate to the prevention of, protection from, or response to, and recovery from terrorism in order to be considered
eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for
other hazards. Grantees must demonstrate this dual-use quality for any activities implemented under this program
that are not explicitly focused on terrorism preparedness.
Use of MMRS funds must be consistent with and supportive of implementation of the State Homeland Security
Strategy and State Preparedness Report. Linkages between specific projects undertaken with MMRS funds and
strategic goals and objectives will be highlighted through regular mechanisms, including the Biannual Strategy
Implementation Report (BSIR)
As defined in the FY 2009 grant guidance, the FY 2009 MMRS wi(I focus on two objectives as the highest priorities.
These two objectives are:
1. National Priority: Strengthen Information Sharing and Collaboration Capabilities -Maximizing Information
Sharing via the National Network of Fusion Centers;
2. National Priority: Strengthen Medical Surge and Mass Prophylaxis -Developing and Enhancing Health and
Medical Readiness and Preparedness Capabilities. These two priorities are in addition to the priorities for
all programs under the Homeland Security Grant Program and, if applicable, the Law Enforcement
Terrorism Prevention Activities Priorities.
CCP
The sub-recipient must register their Citizen Corps Council on the Citizen Corps website http://www.citizencorps.aov
and manage their program and information on the site. Citizen Corps Councils must include representatives of
emergency management, homeland security, law enforcement, fire service, medical services/public health or their
designee, elected officials, the private sector, private non-profits, non-governmental organizations and advocacy
groups for special needs populations. In addition, representatives from existing Citizen Corps programs, such as
Volunteers in Police Service (NIPS), Medical Reserve Corps (MRC}, Community Emergency Response Team
(CERT), Neighborhood Watch, and Fire Corps should be included on the Citizen Corps Council. Where applicable, a
Metropolitan Medical Response System representative should also be included on the Citizen Corps Council.
All allocations and use of funds under this grant must be in accordance with the FY 2009 HSGP Guidelines and
Application Kit found at - htta'/lwww fema.aov/government/arant/hsaplindex.shtm. All award Sub-recipients are
required to have read, understood and accepted the FY 2009 HSGP Guidance and Application Kit as binding.
C. Standard of Performance. The Sub-recipient shall perform all activities and projects entered into the SAA web-
based grants management system approved by its Council of Governments (COG) and by the State Administrative
Agency (SAA). The Sub-recipient shall perform all activities in accordance with all terms, provisions and requirements set
forth in this Sub-recipient agreement and the:
1. Applicable Laws and Regulations, hereinafter referred to as "Exhibit A";
2. Certifications, hereinafter referred to as "Exhibit B"; and
selection, in the award or administration of a subcontract supported by Sub-recipient agreement funds pursuant to this
Sub-recipient agreement and comply with Chapter 171, Texas Local Government Code.
B. Other Prohibited Interests. In all cases not governed by Subsection A of this Section and except for eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, elected official, appointed
official of the Sub-recipient or of a subcontractor of the Sub-recipient who exercises or have exercised any functions or
responsibilities with respect to the activities assisted under this Sub-recipient agreement or any other DHS/FEMA Sub-
recipient agreement who are in a position to participate in a decision making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from the activity, have an interest in or benefit from the
activity or have any interest in any Sub-recipient agreement, subcontract or agreement with respect to the activities or the
proceeds either for themselves or those with whom they have family or business ties during their tenure or for one year
thereafter.
C. Inclusion in Subcontracts. The Sub-recipient shall include the substance of this Section in all subcontracts.
Monitoring
TDEM reserves the right to perform periodic office-based and/or on-site monitoring of the Sub-recipient's compliance with
this Sub-recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub-recipient's
performance pursuant to this Sub-recipient agreement. After each monitoring visit, TDEM shall provide the Sub-recipient
with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub-recipient's
performance under this Sub-recipient agreement's terms, the monitoring report shall include requirements for the timely
correction of such deficiencies by the Sub-recipient. Failure by the Sub-recipient to take action specified in the monitoring
report may be cause for this Sub-recipient agreement's suspension or termination pursuant to the Suspension and/or
Termination Sections above.
Audit
A. Audit of Federal and State Funds. The Sub-recipient shall arrange for the performance of an annual financial and
compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-recipient
agreement as required by the Single Audit Act (OMB Circular A - 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The
Sub-recipient will also comply, as applicable, with Texas Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the
Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative
Agreements.
B. TDEM's Right to Audit. Notwithstanding Subsection A of this Section, TDEM reserves the right to conduct a financial
and compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-recipient
agreement. The Sub-recipient agrees to permit TDEM or its authorized representative to audit the Sub-recipient's records
and to obtain any documents, materials or information necessary to facilitate such audit.
C. Sub-recipient's Liability for Disallowed Costs. The Sub-recipient understands and agrees that it shall be liable to
TDEM for any costs disallowed pursuant to financial and compliance audit(s) of Sub-recipient agreement funds. The Sub-
recipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall be paid by the Sub-
recipient from funds that were not provided or otherwise made available to the Sub-recipient pursuant to this Sub-recipient
agreement or any other federal contract.
D. Sub-recipient's Facilitation of Audit. The Sub-recipient shall take such action to facilitate the performance of such
audit(s) conducted pursuant to this Section as TDEM may require of the Sub-recipient. The Sub-recipient shall ensure
that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub-recipient and
the requirement to cooperate is included in any subcontract it awards.
Reimbursement
Sub-recipient agrees to make no request for reimbursement prior to return of this agreement signed by the authorized
Sub-recipient representative. Sub-recipient also agrees to make no request for reimbursement for goods or services
procured by Sub-recipient prior to the performance period start date of this agreement.
A. Request for Advance or Reimbursement. The Sub-recipient shall submit to TDEM, a properly completed Local
Purchase Submission Cover Sheet as often as actually needed. TDEM retains the authority to approve or deny amount
requested and shall not make disbursement of any such payment until TDEM has reviewed and approved such a request.
The Local Purchase Submission Cover Sheet shall be supported by documentation as required by the SAA, currently
referenced on the SAA web-based grants management system, and may be revised in subsequent policy updates.
B. Request for Advance Funds and Transfer of Funds. The Sub-recipient's requests for an advance of Sub-recipient
agreement funds shall be limited to the minimum amounts needed for effective operation of their project(s) under this
Sub-recipient agreement and shall be timed as closely as possible to be in accord with actual cash requirements. The
one of the major functions of state planning regions as homeland security grant Sub-recipients is to perform a wide variety
of planning and some program administration for both their region and on behalf of the cities and counties within the
region that may also be homeland security grant Sub-recipients.
Closing the Grant
A. The Sub-recipient must have expended all grant funds and submitted expenditure reimbursement requests and any
invoices by the end of the performance period listed on the sub-recipient agreement.
B. TDEM/SAA will close asub-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, TDEM/SAA will send the final payment automatically to the Sub-
recipient. If the Sub-recipient did not use all the funds received, TDEM/SAA will issue a Grant Adjustment Notice (GAN)
to recover the unused funds.
C. TDEM/SAA will unilaterally close out this grant if sub-recipient does not reconcile account and sign closeout GAN by
the 60th day after the sub-recipient performance period ends.
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 TDEM/SAA prior to obligation or expenditure of such funds.
U.S. Department of Justice Financial Guide (Part III Chapter 15) httQ //www oip usdoi Qov~nancialauide/
B. In cases where local funding is established by COGS, release of funds by TDEM 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 TDEM's obligations
under this agreement are contingent upon the receipt of adequate funds to meet TDEM's liabilities hereunder. TDEM
shall not be liable to the Sub-recipient for costs under this Agreement which exceed the amount specified in the Notice of
Sub-recipient Award.
D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed
sufficiently given if mailed by registered mail or certified mail, return receipt requested,. or sent by overnight courier, such
as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall
give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third
business day following the date of mailing. Notices sent by ovemight courier shall be deemed received the following
business day.
Chief
Division of Emergency Management
State Administrative Agency
PO Box 4087
Austin, TX 78773-0220
Uniform Administrative Requirements, Cost Principals and Audit Requirements
Except as specifically modified by law or this Sub-recipient agreement's provisions, the Sub-recipient shall administer the
award through compliance with all applicable Laws and Regulations. Anon-exclusive list is provided below
A. Administrative Requirements
1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments;
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations (OMB Circular A-110).
B. Cost Principles
1. 2C.F.R. Part 225, Cost Principles for State, Local and Tribal Governments (OMB Circular A-87)
2. 2C.F.R. Part 220, Cost Principals for Education Institutions (OMB Circular A-21)
3. 2C.F.R. Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122)
4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations
Changes and Amendments
A. Written Amendment. Except as specifically provided otherwise in this Sub-recipient agreement, any alterations,
additions or deletions to this Sub-recipient agreement's terms shall be made through Grant Adjustment Notices generated
by the SAA web-based grants management system and executed by the Parties.
B. Authority to Amend. During the period of this Sub-recipient agreement's performance TDEM and/or FEMA may
issue policy directives that serve to establish, interpret or clarify this Sub-recipient agreement's performance
requirements. Such policy directives shall be promulgated by TDEM or FEMA in the form of information Bulletins and
shall have the effect of qualifying this Sub-recipient agreement's terms and shall be binding upon the Sub-recipient as if
written in the Sub-recipient agreement.
C. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Sub-recipient
agreement's terms that are required by the changes in federal and state laws or regulations are automatically
incorporated into this Sub-recipient agreement without written amendment to this Sub-recipient agreement and shall
become effective on the date designated by such law or regulation. Federal Emergency Management Agency (FEMA)
periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers.
FEMA's National Preparedness Directorate Information Bulletins can be accessed at
http://4vww.oip.usdoi.4ov/odp/docs/bulletins.htm and are incorporated by reference into this sub-grant.
Headings
Headings and captions of this Sub-recipient agreement's sections and paragraphs are only for convenience and
reference. These headings and captions shall not affect or modify this Sub-recipient agreement's terms or be used to
interpret or assist in the construction of this Sub-recipient agreement.
Oral and Written Agreements
A. Prior Agreements. All oral and written agreements between the Parties relating to this Sub-recipient agreement's
subject matter that were made prior to Date of Execution have been reduced to writing and are contained in this Sub-
recipient agreement.
B. Exhibits. The exhibits enumerated and denominated in the agreement are hereby made a part of this Sub-recipient
agreement and constitute promised performances by the Sub-recipient in accordance with the Sub-recipient agreement
and the Exhibits.
C. Commissioner's Signature. This Sub-recipient agreement is not effective unless signed by the Chief of TDEM or by
his authorized designee.
Waiver
Any right or remedy provided for in this Sub-recipient agreement provision shall not preclude the exercise of any other
right or remedy under this Sub-recipient agreement or under any provision of law, nor shall any action taken or failure to
take action in the exercise of any right or remedy be deemed a waiver of any other rights or remedies at any time.
Venue
For purposes of litigation pursuant to this Sub-recipient agreement, venue shall lie in Travis County, Texas, and be
governed by Texas Statute.
9
EXHIBIT A
THE APPLICABLE LAWS AND REGULATIONS
The Sub-recipient shall comply with OMB Circular A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372
(intergovernmental review of federal programs); and 44 C.F.R, Part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments. Sub-recipients shall also comply with 2C.F.R. Part 215,
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, 2C.F.R. Parts 225, State and Local
Governments, Part 220, Educational Institutions; and Part 230, Non-Profit Organizations. Compliance with Federal
Acquisition Regulation Sub-part 31.2, Contracts with Commercial organizations is required. Sub-recipient shall also comply
with all other federal, state, and local laws and regulations applicable to this Sub-recipient agreement's activities and
performances rendered by the Sub-recipient including but not limited to the laws and the regulations promulgated hereunder
and specified in State Administrative Agency Information Bulletins, Texas Uniform Grants Management Standards (UGMS)
and Paragraph A through M of this Exhibit.
A. CIVIL RIGHTS -Title VI of the Civil Rights Act of 1964, as amended. (42 U.S.C. § 2000d et seq.); (44 C.F.R. 7.1)
http //uscode house aov/uscode-c4i/1`astweb exe~getdoc+uscview+t41 t42+2957+3++/28civil%20ri
http //www access apo qov/nara/cfr/waisidx 07/44cfr7 07.html
B. HANDICAP AND ARCHITECTURAL BARRIERS -Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794}; (44
C.F.R. 16.101)
http //uscode house aov/uscode-cai/fastweb exe~aetdoc+uscview+t29t32+363+0++%28Handicap%29 ;
http /~9`rwebaate access apo qov/cai-bin/pet-cfr cgi~TITLE=44&PART=16&SECTlON=101 &TYPE=TEXT ;
The Sub-recipient shall ensure that the plans and specifications for construction of, improvements to, or the renovation of
buildings, related to this project have been received by the Texas Department of Licensing and Regulation (fDLR)
concerning the elimination of architectural barriers encountered by persons with disabilities as specified in Chapter 469,
Texas Government Code. http~//www.statutes.leais.state.tx.us/?link=GV
C. ENVIRONMENTAL LAW AND AUTHORITIES - In accordance with-the provisions of law cited in 44 C.F.R. § 10.8, the
responsible entity shall assume the environmental responsibilities for projects under programs cited in §10.1, and in doing
so shall comply with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on
Environmental Quality regulations contained in 40 C.F.R. parts 1500 through 1508.
http //www access apo pov/nara/cfr/waisidx 07/40cfr1501 07.html ; (44 C.F.R. 10.1)
http~//edocket access crpo aov/cfr 2007/octatr/44cfr10.1.htm
D. LABOR STANDARDS -The Davis-Bacon Act, as amended (40 U.S.C. § 3142)
htt1~ //uscode house aov/uscode-cai/fastweb exe~aetdoc+uscview+t37t40+1723+1++%28%2g%20%20A ;
The Contract Work Hours & Safety Standards Act (40 U.S.C.§ 3702)
http //uscode house aov/uscode-cai/fasfweb exe~aetdoc+uscview+t37t40+1765+1++%28%29%20°~20A;
The Copeland "Anti-Kickback" Act (18 U.S.C. § 874)
http//uscode house aov/uscode-cai/fastweb exe~aetdoc+uscview+t17t20+511+0++/28%29%20%20AN
E. FREEDOM OF INFORMATION ACT- (5 U.S.C. 552); (44 C.F.R. 5.1)
http~/%docket access apo aov/cfr 2007/octatr/44cfr5. i.htm ;
http•1/uscode house gov/uscode-cgi/fastweb eze~Qetdoc+uscview+t0.it08+26+0++%28information%
F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 - If the
Sub-recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a
result of federal and federally-assisted programs; and (Federal Assurance) - (42 U.S.C. 4601); (44 C.F.R. 25.1)
http•/~rwebaate access apo aov/cai-bin/aet-cfrcai~TtTLE=44&PART=25&SECTfON=1&TYPE=TEXT
http//uscode house aov/uscode-cai/fastweb exe~aetdoc+uscview+t41t42+4568+1++/28%29%20%20A
G. FAITH-BASED ACTIVITIES -Executive Order 13279 of December 12, 2002 -Equal Protection of the Laws for Faith-
Based and Community Organizations, (67 Fed. Reg. 77141) http //edocket access apo aov/2002/pdf/02-31831 pdf
H. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND THE INCIDENT COMMAND SYSTEM (ICS) - Sub-
Recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident
Command System (ICS) at the local level. http~//www.fema.aov/emeraencv/nims
10
I. PROGRAM INCOME - If aSub-recipient is approved for an advance, the funds must be deposited in a separate
interest bearing account and are subject to the rules outlined in the Uniform Rule 28C.F.R. Part 66, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at
http.//www.access.ppo.aov/nara/cfr/waisidx 03/28cfr66 03.html and the Uniform Rule 28C.F.R. Part 70, Uniform
Administrative Requirements for Grants and Agreements (including sub-awards) with Institutions of Higher Education,
Hospitals, and other Nonprofit Organizations, at http~//www access qpo qov/naralcfr/waisidx 03/28cfr70 03.html . Sub-
recipients must report any interest earned to TDEM/SAA. Any interest earned in excess of $100 must, on a quarterly
basis, be remitted to:
United States Department of Health and Human Services
Division of Payment Management Services
P.O. Box 6021
Rockville, MD 20852
J. AUDITS -The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of Sub-
recipient agreement funds received and performances rendered under this Sub-recipient agreement under the Single
Audit Act (OMB Circular A - 133; 44 C.F.R. 13.26)
http~//frwebaate access opo aov/cpi-bin/aet-cfrcai~T/TLE=44&PART=13&SECTlON=26&TYPE=TEXT ;
http://www.dhs.aov/xopnbiz/arants/gc 1?62481125903.shtm
K. GRANT ADMINISTRATION -The Sub-recipient will also comply with Texas Government Code, Chapter 783,
http.//bvww.statutes.leais.state.tx.us/?link=GV ; and the Uniform Grant Management Standards (UGMS), State Uniform
Administrative Requirements for Grants and Cooperative Agreements,
http /info sos state tx us/pls/pub/readtac$ext TacPaae~sl-T&app-9&p dir--N&p rfoc=111847&p ttoc=&p p/oc=1&pa=2&
p tac=&ti=1&pt=1&ch=5&r1=141
Sub-recipients must also comply with 44, C.F.R., Part 13,
http.//www.access.apo.aov/nara/cfrMraisidx 07/44cfr13 07.html;
with 2C.F.R. Part 215 http //www access ppo aov/nara/cfr/waisidx 08/2cfivl 08.htm1#215 , 2C.F.R. Part 225, Part 220
and Part 230.
L. PROPERTY ADMINISTRATION -TAC Title 1, Part 5, Chapter 116,
htto:/~nfo.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac view=3&ti=1&pt=5
M. PUBLICATIONS - 44 C.F.R., Section 13.34 -
http:/ffrwebaate.sccess. apo. vov/cQi-bin/qet-cfr. cai?TITLE=44&PART=13&SECT/ON=34&TYPE=TEXT
1. Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves aroyalty-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 orsub-award; and (2) any rights of
copyright to which a recipient or Sub-recipient purchases ownership with Federal support. The Recipient agrees to consult
with NPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding.
2. The Sub-recipient agrees that all publications created with funding under this grant shall prominently contain the
following statement: "This Document was prepared under a grant from the National Preparedness Directorate, United
States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors
and do not necessarily represent the official position or policies of U.S. Department of Homeland Security."
EXHIBIT B
CERTIFICATIONS
1, Angel Escobar (print) as the authorized official of _City of Corpus Christ}~ereinafter
referreii`to as the "Sub-recipient," certify the following with respect to the expenditure of Sub-recipient agreement funds.
A. The Sub-recipient shall minimize displacement of persons as a result of activities assisted with Sub-recipient
agreement funds.
B. The program shall be conducted and administered in conformity with the Civil Rights Act of 1964, as amended, (42
U.S.C. § 2000a et seq.); Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. § 794); Title IX of the
Education Amendments of 1972, as amended, (20 U.S.C. § 1681. et. seq.); The Age Discrimination Act of 1975, as
amended, (20 U.S.C. § 6101 et. seq.}.
C. As specified by TDEM and FEMA, in the event that displacement of residential dwellings shall occur in connection with
a project assisted with HSGP funds, the Sub-recipient shall follow a residential anti-displacement and relocation
assistance plan.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for
prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal
Certification) The Sub-recipient certifies that it and its principals and vendors:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of
Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal
department or agency; Sub-recipients can access debarment information by going to www.eals.pov and the
State Debarred Vendor List http //www window state 6c us/procurement/proy/vendor ,performance/debarred/.
2. Have not within athree-year period preceding this application been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State,
or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and
4. Have not within athree-year period preceding this application had one or more public transactions (Federal,
State, or local) terminated for cause or default; and
5. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application. (Federal Certification)
E. Sub-recipient understands and certifies that it will not use any federal funds, either directly or indirectly, in support of
the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of FEMA National Preparedness Directorate.
F. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant)
funds that have been appropriated for the same purpose. Sub-recipient may be required to supply documentation
certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of
federal funds.
FY 2009 HSGP
~~~~--- ~~ 1 ~ ~ I ~~
Si ture Date
12
EXHIBIT C
CERTIFICATION REGARDING LOBBYING FOR
SUB-RECIPIENT AGREEMENTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned, Angel Escobar (print), as the authorized official of City of Corpus Christi
certifies the following to the best of his/her knowledge and belief.
A. No federal appropriated funds have been paid or shall be paid by or on behalf of the undersigned to any person for
influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee
of Congress or an employee of a member of Congress in connection with the awarding of any federal Sub-recipient
agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement and the extension, continuation, renewal, amendment or modification of any federal Sub-recipient agreement,
grant, loan or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or shall be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with this federal Sub-recipient agreement grant, loan or
cooperative agreement, the undersigned shall complete and submit standard form Disclosure Form to Report Lobbying
form in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all sub-
awards including sub-contracts, sub-grants and Sub-recipient agreements under grants, loans, and cooperative
agreements and that all Sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon that reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31
U.S.C § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Si ature Date
13
~ ~• 74 176 For Comphaller's use only
'YF" "°° iRev.4-05/4)
VENDOR DIRECT DEPOSIT AUTHORIZATION
Under Ch. 559, Government Code, you are entitled to review, request, and correct information we have on file about you, with limited exceptions in accordance
wdh Ch. 552, Government Code.
INSTRUCTIONS
• Use only BLUE or BLACK ink.
• Alterations must be initialed.
TRANSACTION TYPE
• Check all appropriate boxes}.
• For further instructions, see the back of this form.
zQ ^ New setup (Sections 2, 3 & 4) ^ Change financial institution (Sections 2, 3 & 4)
~ ^ Cancellation (Sections 2 & 3) ^ Change account number (Secfloss 2, 3 & 4)
U
w ^ Change account type (Sections 2, 3 & 4)
N
PAYEE IDENTIFICATION
1. Social Secudty number or 2. Mail code (!/not krrown, will be
N FederalEmploye(sldenfRCation(FEI) n I I I I- I I I I I I ~^~tedbyPa~ngStaleAgency) ~ I I
Z
Q
3. Name
4. Business phase number
U
W
rq
5. Mailing address
6. City
7. Stata
8. ZIP code
AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION
9. Pursuant to Section 403.016, Texas Government Code, I authorize the Comptroller of Public Accounts to deposit by electronic transfer payments
owed to me by the State of Texas and, if necessary, debit entries and adjustments for any amounts deposited electronically in error. The Comptroller
c~ shall deposit the payments in the financial institution and account designated below. I recognize that if t fail to provide complete and accurate informs-
~ tion on this authorization form, the processing of the form may be delayed or that my payments may be erroneously transferred electronically.
w 1 consent to and agree to comply with the National Automated Clearing House Association Rules and Regulations and the Comptroller's rules about
to electronic transfers as they exist on the date of my signature on this form or as subsequently adopted, amended or repealed.
10. Authorized signature it. Printed name 12. Date
FINANCIAL INSTITUTION (Completion by financial institution is recommended.)
13. Financial institution name 14. City 15. State
~ 16. Routing transit number 17. Customer account number (Dashes required ^ YES) 18. Type of account
O ! I I I I I I I I I U I I I I I I I I I I I I I I I I I I ^ Checking ^ Savings
U 19. Representative name (Please print) 20. Title
W
21. Representative signature (Optional) 22. Phone number 23. Date
CANCELLATION BY AGENCY
PAYING STATE AGENCY
28. Signature 27. Printed name
Q 28. Agency name 29. Agency number
I
U I I
~ 30. Conments 31. Phone number 32. Date
Note: A vendor can receive email or fax notifications providing one (1) business day advance notice of the payment posting to the
vendor's account. The Advance Payment Notification is available to vendors receiving direct deposit payment(s) from the State of Texas.
To enroll in this free service, complete the Advance Payment Notification Authorization, Form 74-193, available on the Internet at:
http~//www window state tx us/taxinfo/taxforms/74-193 pdf
For additional information or assistance, please contact the Claims Division by:
Email: claims.pin@cpa.state.tx.us
Phone: 512/936-8138 in Austin or 800/531-5441 Ext. 6-8138 toll free
Form 74-t 76 ~ Back)(Rev.4-05/4)
INSTRUCTIONS FOR
VENDOR DIRECT DEPOSIT AUTHOR1xAT10N
SECTION 1: Check the appropriate box(es).
• NEW SETUP - If payee is not currently on direct deposit with the state.
a. Complete Sections 2, 3 & 4.
b. Section 4 is recommended to be completed by financial institution.
• CANCELLATION - If payee wishes to stop direct deposit with the state.
a. Payee completes Sections 2 & 3.
• CHANGE FINANCIAL INSTITUTION
a. Payee completes Sections 2, 3 & 4.
b. Section 4 9s recommended to be completed by financial institution.
• CHANGE ACCOUNT NUMBER
a. Payee completes Sections 2, 3 & 4.
b. Section 4 is recommended to be completed by financial institution.
• CHANGE ACCOUNT TYPE
a. Payee completes Sections 2, 3 & 4.
b. Section 4 is recommended to be completed by financial institution.
SECTION 2: PAYEE IDENTIFICATION
Item 1 Leave the boxes blank if you do not have your 11-digit Texas Identification Number. The paying state agency will
provide the information in the boxes. Enter your 9-digit Social Security number or your Federal Employer's Identi-
fication (FEI) number.
Item 2 If your 3-digit mail code address identifier is not known, it will be assigned by the paying state agency.
SECTION 3: AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION
Items 10,11 The individual authorizing must sign, print their name and date the form.
&12
NOTE: No alterations in this section will be allowed.
SECTION 4: FINANCIAL INSTITUTION
Section 4 is recommended to be compieted by a financial institution.
NOTE: Alterations to routing, account number and/or type of account must be initialed by the financial institution
representative or the payee.
SECTION 5: CANCELLATION BY AGENCY (State agency use only)
Sections 5 & 6 to be completed by the paying state agency.
SECTION 6: PAYING STATE AGENCY (State agency use only)
Section 6 to be completed by the paying state agency before the form can be processed.
Submit the completed form to a state agency with which you are conducting business. This agency will be designated as your
custodial agency. If the direct deposit instructions need to be updated or cancelled, you must contact this agency.
Note: A vendor can receive email or fax notifications providing one (1) business day advance notice of the
payment posting to the vendor's account. TheAdvance Payment Notification is available to vendors receiving
direct deposit payments}from the State of Texas.
To enroll in this free service, complete theAdvance Payment Notification Authorization, Form 74-193, available
on the Internet at:
http~//www window state tx us(taxinfo/taxforms/74-193.gdf
For additional information or assistance, please contact the Claims Division by:
Email: claims.pin@cpa.state.tx.us
Phone: 512/936-8138 inAustin or 800/531-5441 Ext. 6-8138 toll free