R2004-122 07-26-04RESOLUTION NO. R2004-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING AND ACCEPTING THE CITY'S PARTICIPATION
IN THE TEXAS 2004 CITIZEN CORPS PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby authorizes and accepts the City's
participation in the Texas 2004 Citizen Corps Program.
PASSED, APPROVED and ADOPTED this the 26th day of July
A.D., 2O04.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2004 CCP - 56348
July 12, 2004
Mr. John Durham
Box 417
Pearland, TX 77588
Dear Mr. Durham:
You are receiving the enclosed Notice of SubrecipientAward for the FY 2004 Citizen Corps Program
and Texas 2004 Citizen Corps Program Grant Instructions because you are registered as the Jurisdiction
Point of Contact for the City of Pearland. If you are no longer serving in that capacity please immediately
give this packet to the correct individual.
The enclosed documents contain the necessary documentation and instructions for you to utilize your
2004 Citizen Corps Program sub-grant to focus on opportunities for people in your jurisdiction to
participate in a range of volunteer measures to make families, homes, and communities safer from threats
of terrorism, crime, and disasters of all kinds.
The Notice of Subrecipient Award should be signed by the County Judge, City Mayor, City
Manager, Mayor Pro-TEM, Executive Director for the Council of Government, or Chief Financial
Officer for the jurisdiction. Subgrants to agencies should be signed by the agency director. Other
signatures will require an accompanying statement from the senior elected official authorizing the
individual to sign for the jurisdiction.
The Deadline to return the signed Notice of Subrecipient Award is September 13, 2004, either by fax
or postmarked with the due date. Subrecipients that cannot meet the deadline should immediately
contact the Texas Engineering Extension Service to request an extension. A maximum 30 day
extension may be granted to allow for schedules of City Councils and Commissioners' Courts.
Address: ~
Director of Domestic Preparedness
John B. Connally Building l/
301 Tarrow-TEEX
College Station, TX 77840-7896
Fax: (979) 458-6927
Email: support~texasdpa.com
If you have any questions, or require further information regarding this award, please do not hesitate to
contact Charles Todd, TEEX Director of Domestic Preparedness, at (979) 458-6815.
Sincerely,
Charles Todd
Director of Domestic Preparedness
Texas Engineering Extension Service
2004 CCP - 56348 Page 2
TEXAS ENGINEERING EXTENSION NOTICE OF suBREcIPIENT AWARD
SERVICE FOR
City of Pearland
FY 2004 CITIZEN CORPS PROGRAM
1. RECIPIENT NAME AND ADDRESS 4. AWARD NUMBER:2004 CCP - 56348
John Durham 5. PROJECT PERIOD: FROM June 1, 2004 - Sep. 30, 2005
Box 417
Pearland, TX 77588 BUDGET PERIOD: FROM June 1, 2004 - Sep. 30, 2005
6. AWARD DATE 7. ACTION
July 12,2004
2. GRANTEE IRS/VENDOR NO. 8. CFDA NUMBER: Initial Award
17460289097 97.004
3. GRANT TITLE 9. TOTAL SUBRECIPIENT AWARD: $25,000.00
FY 2004 Citizen Corps Program
3A. Grant award number to TEEX: 2004-GE-T4-0015
10. SPECIAL CONDITIONS
THE ABOVE GRANT IS SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH IN THE NOTICE OF
SUBRECIPIENT AWARD AND IN THE TEXAS FY 2004 CITIZEN CORPS PROGRAM GRANT INSTRUCTIONS
11. STATUTORY AUTHORITY FOR GRANT
THIS PROJECT IS SUPPORTED UNDER PUBLIC LAW 108-90, THE DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2004.
12. METHOD OF PAYMENT
REIMBURSEMENT: SEE DETAILS IN TEXAS FY 2004 CITIZEN CORPS PROGRAM GRANT INSTRUCTIONS
AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE
13. SIGNATURE OF APPROVING TEEX OFFICIAL 14.TYPED NAME AND TITLE OF AUTHORIZED
Arturo Alonzo
Deputy Director/CleO
Texas Engineering Extension Service
AGENCY USE ONLY 15. SIGNATURE OF AUTHORIZED 1SA. DATE
SUBRECIPIENT OFFICIAL
2004 CCP - 56348 Page 3
TEXAS ENGINEERING EXTENSION
SERVICE
STATE HOMELAND SECURITY
GRANT PROGRAM
NOTICE OF
SUBRECIPIENT AWARD
· City of Pearland
AWARD NUMBER 2004 CCP - 56348 AWARD DATE July 12, 2004
1)
SPECIAL CONDITIONS
The Notice of Subrecipient Award is only an offer until the subrecipient returns the signed copy of the
Notification of Subrecipient Award in accordance with the date provided in the transmittal letter.
2) The subrecipient agrees to use funds in accordance with the instructions in the TEXAS FY 2004 CITIZEN CORPS
PROGRAM GRANT INSTRUCTIONS
3)
The subrecipinet agrees to perform all project activities outlined on page three of the Grant Application, as submitted to the
Texas Association of Regional Councils (TARC).
4) The subrecipinet agrees to meet all Project Outputs and Outcomes listed on page six of the Grant Application, as submitted to
?ARC.
5)
6)
7)
8)
9)
The subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the
current edition of Office of Justice Programs (OJP) Financial Guide.
The subrecipient 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, Chapter 19.
Subrecipient agrees to make no request for reimbursement prior to return of this agreement approved by the
subrecipient and signed by the authorized subrecipient representative.
Subrecipient agrees to make no request for reimbursement for goods or services procured by subrecipient prior to
the performance period start date of this agreement.
The subrecipient affirms that federal funds will be used to supplement existing funds, and will not replace
(supplaht) funds that have been appropriated for the same purpose. Subrecipient may be required to supply
documentation certifying,that a reduction in non-federal resources occurred for reasons other than the receipt or
expected receipt of federal funds.
2004 Texas State Citizen Corps Program
(ccP)
Grant Instructions
TABLE OF CONTENTS
EXECUTIVE SUMMARY
II.
IlL
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
ACCEPTING THE GRANT
TIMELY USE OF GRANT FUNDS
AUTHORIZED PROGRAM EXPENDITURES
UNAUTHORIZED PROGRAM EXPENDITURES
DISBURSEMENT OF FUNDS
CONSTRAINTS ON USE OF GRANT FUNDING
ACCOUNTABILITY REQUIREMENTS
SUBRECIPIENT LEGAL COMPLIANCE
CONFLICT OF INTEREST
LEGAL AUTHORITY
GOVERNING LAW
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3
3
4
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6
6
7
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PROGRAM GUIDANCE
A. INTRODUCTION
B. FISCAL ADMINISTRATION
C. REPORTING REQUIREMENTS/MONITORING/ACCOUNTABILITY
D. GRANT CLOSING/RELEASE OF UNUSED FUNDS
E. SUBRECIPIENT LEGAL COMPLIANCE
F. AGREEMENT CHANGES/ADDITIONS/DELETIONS
G. CONFLICT OF INTEREST
H. GENERAL
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9
10
12
12
13
16
17
ENCLOSURE 1: ODP GRANT INFORMATION FOR TEXAS STATE CCP
SUBRECIPIENTS
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2004 Texas State Citizen Corps,Program.(CCP)
Grant Instructions
EXECUTIVE SUMMARY
I. ACCEPTING THE GRANT
Sign both copies.of the Notification of Subrecipient Award,retain one copy for your records :. ... _.
and return one to TEEX on or before September 13,2004.
A. A request for extension of time to accept the grant must be made before the deadline r
shown in the transmittal letter. An extension of up to 30 days may be granted to allow
the grant award to be reviewed by City Council or Commissioners' Court.
B. The offer of award will be withdrawn if the signed Notice of Subrecipient Award is not
returned by the due date or extended date.
H. TIMELY USE OF GRANT FUNDS
The period of performance for this grant is from June 1, 2004 through September 30, 2005.
The subrecipient shall not incur costs or obligate funds for any purpose pertaining to the
operation of the project,program,,or activities beyond the expiration date of the period of
performance.
III. AUTHORIZED PROGRAM EXPENDITURES
Citizen Corps grant funds [including Community Emergency Response Teams(CERT),
Volunteers in Police Service(VIPS)Programs,Medical Reserve Corps(MRC)Programs,
and Neighborhood Watch(NW)Programs] may be used to:
• Bring together the appropriate leadership to form and sustain a Citizen Corps
Council;
• Develop,implement, or sustain a plan for the community to engage all citizens in
homeland security, community preparedness, and family safety
• Conduct public education and outreach in order to inform the public about their role
in crime prevention,mitigation,emergency preparedness for all hazards, and public
health measures;
• Develop,implement, or.sustain Citizen Corps programs offering training and
volunteer opportunities to support first responders,disaster relief groups, and -
community safety efforts, and include the four charter federal programs: CERT,NW,
MRC,and VIPS;
• Coordinate Citizen Corps activities with other DHS funded programs and initiatives;
• Collect information on existing resources and volunteer activities within the
community;
• Conduct meetings of the council or sub-programs;
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• Develop and/or maintain data on volunteers and resources (including personnel,
training,activities, equipment, and supplies)within the service area;
• Pay for staff and/or volunteer travel expenses to attend meetings or training sessions;
• Prepare and distribute public outreach and marketing materials relating to community
preparedness and family safety or to recruit volunteers for public service;
• Develop and/or maintain a program website;
• Hire staff or obtain contract support that directly supports the foregoing;Preference
will be given to grant applications who indicate they plan to rely primarily on
volunteers.
• Reproduce and distribute Citizen Corps, CERT, VIPS,MRC,NW training materials,
including instructor guides, student manuals,certificates,handouts, and newsletters;
and Preference is for electronic newsletters with email addresses listed in the Citizen
Corps database.
• Purchase basic tools,work aids, and supplies needed to establish and/or maintain a
Citizen Corps council or sub-program.
IV.UNAUTHORIZIED PROGRAM EXPENDITURES
•
Unauthorized program expenditures include:
• expenditures for items such as general use software(word processing, spreadsheet,
graphics, etc),
• general-use computers(other than for allowable M&A activities, or otherwise
associated preparedness or response functions) and related equipment,
• general-use vehicles, licensing fees,weapons systems and ammunition;
• activities unrelated to the completion and implementation of the CCP;
• construction or renovation of facilities
V. DISBURSEMENT OF FUNDS:
Disbursement of funds procedure is as follows:
1. Upon receipt of the signed sub-recipient agreement,TEEX will
deposit approximately fifty(50)percent of the total award in the
subrecipient's bank.
2. Documentation of expenditures of this initial 50%must be submitted
to and approved by TARC. TARC will review and forward eligible
requests to TEEX before any additional fund requests will be
considered.
3. The remaining 50%of the funds will be disbursed on a
reimbursement basis only.
4. All requests for these funds must be submitted on the TEEX required
form,which can be located at http://www.texascitizencorps.org/
5. Documentation of shipping and/or delivery receipts,purchase orders,
and/or store receipts must accompany all requests for reimbursement
for operating expenses and equipment. Documentation for travel,
personnel, and any professional and contractual costs must be
submitted in the same manner.
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•
6. Reimbursement beyond the initial 50%will not be approved unless a
minimum of thirty(30)percent of the initial fifty percent of the
funds have been procured and request for reimbursement has been
submitted and approved.
7. Payment will be made within three weeks of receipt of faxed receipts
and invoices showing an obligation of the local jurisdiction to pay.
8. Delay in sending receipts,'purchase orders, and/or invoices to
TARC will result in delayed payment.
VI.CONSTRAINTS ON USE OF GRANT FUNDING .:
A. General:
1. Grant funds shall be used for the formation and operations of Citizen Corps
Programs to promote community preparedness and family safety and engage
citizens in homeland security.
2. Subrecipient shall follow the grant guidelines to ensure the accurate and prompt
purchase,receipt,payment and management of their grant procured items.
B. Equipment:
1. Equipment is tangible property with a service life of more than one year and an
acquisition cost of$1,000 or more per unit. Equipment purchases under this
grant are limited to items needed to support program activities.
2. Equipment list items acquired under this grant are the property of the
Subrecipient and subject to the inventory and property rules under OMB Circular
A-102.
3. Subrecipient must maintain property records,in accordance with locally
established procedures. Subrecipient must keep those records readily available to
ensure accountability.
4. There must'be a physical inventory at least once a year of grant procured
equipment items with market value in excess of$1,000,which includes the
following information:
• A description of the item
• A serial number
• Received date
• Titleholder of the equipment
• Value of the equipment
• Owner&location of the equipment
5. Subrecipient must have a control system in place to locate and safeguard
equipment.
C. Travel: Reimbursement for lodging and per diem may not exceed the current State
of Texas in-state rate. Reimbursement for use of a personal vehicle for official
business may not exceed the current State of Texas governmental mileage rate.
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D. Expenses for Meals,Food and Beverages: Grantees may not use grant funds to pay
for meals,food,or beverages, except those that are allowable as travel expenses.
E. Employee Lodging& Per Diem:
1. Grantees who travel within this State shall be reimbursed for the actual cost of
lodging and meals. However,the reimbursements may not exceed the$80 per day
allocation for lodging and$30 per day for meals
2. Grantees who travel outside this state but within the continental United States shall
be reimbursed for the grantee's actual expenses for lodging and meals. However, the
reimbursement may not exceed the maximum out-of-state meals and lodging rate,
issued the state Comptroller.
F. Professional &Contractual:
1. Grantees who contract out any services with grant funds must have a written
contract with the organization or individual who is performing the service.
2. This contract or agreement must remain on file with the grantee agency for at
least three years after the close of the grant.
VII. ACCOUNTABILITY REQUIREMENTS
A. Subrecipient agrees to provide to TEEX and to TARC, in accordance with procedures
and time frames prescribed by TEEX, any technical or program reports,data, and
information on the operation and performance of this Agreement deemed necessary.
B. Subrecipient shall maintain all records, financial management records and supporting
documentation for all expenditures of funds made under this Agreement, in compliance
with all retention and custodial requirements for records referenced in this Agreement.
Subrecipient shall retain all fiscal records and supporting documents for a minimum of
three(3) years after final Agreement closeout.
C. Subrecipient shall provide state or federal auditing agencies,TEEX, or any of their duly
authorized representatives, access to and the right to examine,copy, or reproduce all
reports and records pertaining to this Agreement. Such rights to access shall continue as
long as the records are retained by the Subrecipient.
D. TEEX shall have the right of timely and reasonable access to the Subrecipient and
Subrecipient premises and personnel for the purpose of inspection,monitoring, auditing,
evaluation,or interview, related to all records required to be retained under this Section.
E. TEEX reserves the right to conduct or cause to be conducted an independent audit of all
funds received under this Agreement,which may be performed by government audit
staff,a certified public accounting firm, or other auditors as designated by TEEX.
Subrecipient shall cooperate with all authorized auditors and shall make available all
accounting and project records including supporting source documentation. Such audit
will be conducted in accordance with applicable state and federal rules and regulations,
Agreement guidelines, and established professional standards and practices.
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F. TEEX, or its designee,retains the right to monitor, examine and audit all records,
documents and activities related to projects funded by this Agreement, and to perform
such project evaluation studies that TEEX deems necessary to determine the adequacy of
the procedures used.
G. TEEX will notify the Subrecipient in writing of any deficiencies noted during such
review, and may withhold payments as appropriate based upon such review. TEEX will
provide technical assistance to the Subrecipient to correct the deficiencies noted. TEEX
may conduct follow-up visits to review the previous deficiencies and to assess the efforts _
made to correct them. If such deficiencies persist, TEEX may terminate this Agreement"'
effective immediately and/or apply sanctions pursuant to Section I (Sanctions or -
Remedial Measures) ,Page 14, or take such other action as it deems appropriate.
VIII. SUBRECIPIENT LEGAL COMPLIANCE
A. As a condition to award of monies under this Agreement, Subrecipient assures,with
respect to the operation of a federally funded program or activity,that it will comply
fully with the non-discrimination and equal opportunity provisions of the following
•
laws to the extent applicable: (a)Title VI of the Civil Rights Act of 1964, as
amended; (b) Section 504 of the Rehabilitation Act of 1973, as amended; (c)the Age
Discrimination Act of 1975, as amended; (d) Title IX of the Education Amendments
of 1972, as amended; (e) Americans with Disabilities Act of 1990; and(f) any other
statutory provisions relating to non-discrimination.
B. In the performance of this Agreement, Subrecipient shall comply with the following
Office of Management and Budget(OMB)Circulars applicable to its organization,
institution or agency: Administrative Requirements (A-102 and A-110);
Cost Principles (A-21,A-87 and 122); and
Audit Guidance(A-133).
C. The parties agree to be bound by all terms of this Agreement and all applicable state
and federal statutes and regulations, and all provisions contained therein,including
the Office of Justice Programs "Financial Guide" located at:
http://www.ojp.usdoj.gov/FinGuide/
IX. CONFLICT OF INTEREST
•
No employee of the Subrecipient or a Subrecipient,no member of the Subrecipient's or a
Subrecipient's governing body, and no person who exercises any function or responsibility
in the review or approval of the undertaking or carrying out of this Agreement shall
participate in any decision relating to this Agreement which affect his or her personal
pecuniary interest.
X. LEGAL AUTHORITY
•
A. The Subrecipient represents and guarantees that it possesses the legal authority to enter
into this Agreement,receive funds authorized by this Agreement, and perform the
functions and activities pertaining to this Agreement.
B. The person signing this Agreement on behalf of Subrecipient hereby warrants that he/she
has been fully authorized by Subrecipient to execute this Agreement on behalf of
Subrecipient and to legally bind Subrecipient to all the terms,performances and provisions
herein set forth.
XL GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of
Texas.
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2004 Texas State Citizen Corps Program (CCP)
Program Guidance
A. INTRODUCTION
THIS AGREEMENT,by and between Subrecipient, as identified in the Notice of
Subrecipient Award, and the Texas Engineering Extension Service(hereinafter called
"TEEX"), established under the laws of the State of Texas as a state agency component of the
Texas A&M University System, located at 301 Tarrow, College Station,Texas, 77840-7896;
WHEREAS, TEEX has been awarded a grant entitled"Homeland Security Grant Program"
from the U.S. Department of Homeland Security, Office for Domestic Preparedness, and
TEEX desires that Subrecipient receive benefit from this grant as a subgrantee, all as herein
provided,involving the procurement and management of equipment and other activities
involving preparedness planning,training and exercises;
WHEREAS, Subrecipient has agreed to do so under the terms and conditions hereinafter set
forth;
NOW THEREFORE,the parties hereto mutually covenant and agree as follows as evidenced
by signatures on the Notice of Subrecipient Award:
B. FISCAL ADMINISTRATION
Availability of Funds
Notwithstanding any other Agreement provisions, the parties hereto understand and agree
that TEEX's obligations under this Agreement are contingent upon the availability of
adequate funds to meet TEEX's liabilities hereunder.
Limitation on Liability
The Subrecipient understands and agrees that it shall be liable to repay to TEEX any funds
not expended in accordance with this Agreement or determined to be expended in violation
of the terms of this Agreement.
TEEX will pay costs properly incurred by the Subrecipient under this Agreement in the
amount specified in the Notice of Subrecipient Award or any mutual amendments hereto.
TEEX shall not be liable to the Subrecipient for costs under this Agreement which exceed the
amount specified in the Notice of Subrecipient Award.
TEEX may deobligate awarded funds after consultation with the Subrecipient and upon
determination by TEEX that funds will not be spent in accordance with the Agreement or
will not be spent in a timely manner. •
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C. REPORTING REQUIREMENTS/MONITORING/ACCOUNTABILITY
Reporting
Subrecipient must submit quarterly progress reports and financial reports to TARC. Forms
shall be posted on the Texas Citizen Corps Website at: http://www.texascitizencorps.org/
The reporting schedule for the above listed reports shall be as follows:
First Quarterly Report: Due September 15,2004
This shall cover the months of June,July, &August,2004
Second Quarterly Report: Due December 15, 2004
This shall cover the months of September, October&November,2004
Third Quarterly Report: Due March 15,2005
This shall cover the months of December,2004,January&February 2005
Fourth Quarterly Report: Due June 15, 2005
This shall cover March,April&May 2005
Final Report: Due October 15, 2005
This shall cover June,July,August&September 2005
Retention Plan: Due March 15, 2005
1. This outline shall outline how the subrecipient plans to recruit additional volunteers,
keep current volunteers active, and how the subrecipient will maintain the program if
the funds are decreased or eliminated.
2. This shall be submitted entitled "Citizen Corps Retention Plan" and shall be
submitted with the Third Quarterly Progress &Financial Reports on March 15,2005.
Funds will not be released until all reports are received. Failure to submit any reports in a
timely manner may result in delayed processing and receipt of funds.
These reports will then be forwarded to the TEEX and Office for Domestic Preparedness as
documentation for their records on the progress of the grant.
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Reporting requirements
Subrecipient agrees to provide to TEEX,in accordance with procedures and time frames
. prescribed by TEEX, any technical or program reports, data, and information on the
operation and performance of this Agreement deemed necessary by TEEX.
If Subrecipient fails to submit to TEEX in a timely and satisfactory manner any report '
required by this Agreement, or otherwise fails to satisfactorily render performances
hereunder,TEEX may withhold payments otherwise due and owing Subrecipient. If TEEX
withholds such payments,it shall notify Subrecipient in writing of its decision and the
reasons therefore. Payments withheld pursuant to this paragraph may be held by TEEX until
such time as the delinquent obligations for which funds are withheld are fulfilled by
Subrecipient.
Retention and Accessibility of Records
Subrecipient shall maintain all records, financial management records and supporting
documentation for all expenditures of funds made under this Agreement, in compliance with
all retention and custodial requirements for records referenced in this Agreement.
Subrecipient shall retain all fiscal records and supporting documents for a minimum of three
(3) years after final Agreement closeout. In the event there is litigation or an unresolved
audit discrepancy at the end of such retention period, the records will be retained until the
litigation or discrepancy is resolved.
Subrecipient shall provide state or federal auditing agencies,TEEX, or any of their duly
authorized representatives, access to and the right to examine,copy,or reproduce all reports
and records pertaining to this Agreement. Such rights to access shall continue as long as the
records are retained by the Subrecipient.
TEEX shall have the right of timely and reasonable access to Subrecipient and Subrecipient
premises and personnel for the purpose of inspection,monitoring, auditing, evaluation, or
interview,related to all records required to be retained under this Section.
Audits or Evaluations
TEEX reserves the right to conduct or cause to be conducted an independent audit of all
funds received under this Agreement,which may be performed by government audit staff, a
certified public accounting firm,or other auditors as designated by TEEX. Subrecipient shall
cooperate with all authorized auditors and shall make available all accounting and project
records including supporting source documentation. Such audit will be conducted in
accordance with applicable state and federal rules and regulations, Agreement guidelines,
and established professional standards and practices.
Subrecipient shall be liable to TEEX for any costs disallowed as a result of an audit.
Subrecipient shall further be responsible for any audit exception or other payment deficiency
in the project covered by the Agreement, and all subcontracts hereunder,which are found to
exist after monitoring,review,or auditing by any party as authorized or required by TEEX.
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Subrecipient, or the auditors that monitor or audit the Subrecipient, shall immediately report
to TEEX any incidents of fraud, abuse or potentially criminal activity in relation to the
provisions of this Agreement. •
Monitoring, Onsite Visits and Technical Assistance
Subrecipient is subject to these guidelines and procedures. TEEX will conduct onsite visits
which will enable TEEX personnel to confirm the location, condition and use of the property
and if it is being used for the intended purpose as stated in the Agreement. Site locations
may be selected in a random manner.
TEEX, or its designee,retains the right to monitor, examine and audit all records,documents
and activities related to projects funded by this Agreement, and to perform such project
evaluation studies that TEEX deems necessary to determine the adequacy of the services
performed.
TEEX will notify the Subrecipient in writing of any deficiencies noted during such review,
and may withhold payments as appropriate based upon such review. TEEX will provide
technical assistance to the Subrecipient to correct the deficiencies noted. TEEX may conduct
follow-up visits to review the previous deficiencies and to assess the efforts made to correct
them. If such deficiencies persist, i'EEX may terminate this Agreement effective
immediately and/or apply sanctions pursuant to Section I(Sanctions or Remedial Measures)
of this Agreement,or take such other action as it deems appropriate.
D. GRANT CLOSING/RELEASE OF UNUSED FUNDS
At the end of the grant period, Subrecipient shall return any remaining monies to TEEX for
redistribution to another Subrecipient.
The end of said performance period shall be September 30, 2005
E. SUBRECIPIENT LEGAL COMPLIANCE
Compliance with Laws/Certifications
As a condition to award of monies under this Agreement, Subrecipient assures,with respect
to the operation of a federally funded program or activity,that it will comply fully with the
non-discrimination and equal opportunity provisions of the following laws to the extent
applicable: (a)Title VI of the Civil Rights Act of 1964, as amended; (b) Section 504 of the
Rehabilitation Act of 1973, as amended; (c)the Age Discrimination Act of 1975, as
amended; (d)Title IX of the Education Amendments of 1972, as amended; (e)Americans
with Disabilities Act of 1990; and(f) any other statutory provisions relating to non-
discrimination.
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Compliance with Laws/Regulations
In the performance of this Agreement, Subrecipient shall comply with the following Office
of Management and Budget(OMB) Circulars applicable to its organization,institution or
agency:
Administrative Requirements (A-102 and A-110);
Cost Principles (A-21, A-87 and 122); and
Audit Guidance(A-133).
The parties agree to be bound by all terms of this Agreement and all applicable state and
federal statutes and regulations, and all provisions contained therein, including the Office of
Justice Programs"Financial Guide" located at:http://www.oip.usdoj.gov/FinGuide/
F. AGREEMENT CHANGES/ADDITIONS/DELETIONS
Changes.and Amendments
Any alterations, additions,or deletions to the terms of this Agreement shall be by
modification hereto in writing and executed by both parties to this Agreement before the
changes to the Agreement-are implemented.
Severability •
If a provision contained in this Agreement is held to be invalid, illegal,or unenforceable for
any reason,it shall not affect any other provision of the Agreement. It is the intent of the
parties that if any provision is held to be invalid,illegal or unenforceable,there shall be
added in lieu thereof a valid and enforceable provision as similar in terms to such provision
as is possible.
Force Majeure
In the event that performance by either party of any of its obligations under the terms of this
Agreement shall be interrupted or delayed by an act of God,by acts of war,riot, or civil
commotion,by any act of government,by strikes,fire, flood, or by the occurrence of any
other event beyond the control of the parties hereto, that party shall be excused from such
performance for such period of time as is reasonably necessary after such occurrence abates
for the effects thereof to have dissipated.
Non-Assignment
This Agreement is not assignable.Notwithstanding any attempt to assign the Agreement,the
Subrecipient shall remain fully liable on this Agreement and shall not be released from
performing any of the terms, covenants and conditions of this Agreement. The Subrecipient
shall be held responsible for all funds received under this Agreement.
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Termination of Agreement
This Agreement may be terminated, in whole or in part,whenever TEEX determines that
such termination is in the best interest of the project, such termination to be effective upon
the Subrecipient's receipt of written notification of termination from TEEX. In the event of
such termination,the Subrecipient shall be entitled to compensation under this Agreement for
allowable expenditures up to the termination date.
When justified,TEEX may terminate this Agreement for cause, whereupon all compensation
to the Subrecipient shall cease pending completion of any final report and any closing audit
required by TEEX.
If the Subrecipient fails to perform in accordance with the provisions of this Agreement,
TEEX may terminate this Agreement after issuing written notice of default to the
Subrecipient and allowing the Subrecipient thirty(30)days following the issuance of such
notice in which to correct the deficiency to the satisfaction of TEEX. Such termination shall
not be an exclusive remedy but shall be in addition to any other rights, sanctions and
remedies provided by law or under this Agreement.
Notwithstanding TEEX's exercise of its right of early termination,the Subrecipient shall not
be relieved of any liability for damages due to TEEX. TEEX may withhold payment to the
Subrecipient on this or any other Agreement until such time as the exact amount of damages
due to TEEX from the Subrecipient is agreed upon or is otherwise determined by TEEX.
If Federal funds are not available, or in the event that State laws or regulations should be
amended or judicially interpreted to render continued fulfillment of this Agreement by either
party substantially unreasonable or impossible,or if the parties are unable to agree on an
amendment to enable the substantial continuation of performance under this Agreement,then
the parties shall be discharged from any further obligations under this Agreement, except for
the equitable settlement of the respective accrued interests or obligations incurred up to the
effective date of termination.
The Subrecipient shall cease to incur costs under this Agreement upon termination or receipt
of written notice to terminate,whichever occurs first.
Sanctions or Remedial Measures
If Subrecipient materially fails to comply with the terms and conditions of this Agreement,
TEEX shall notify the Subrecipient in writing describing performance that is not in
compliance with the terms and conditions of this Agreement. The Subrecipient shall confer
with TEEX to discuss the non-compliance and necessary corrective actions to ensure
performance will be in compliance.
If TEEX and Subrecipient cannot agree on corrective actions, TEEX may take one or more of
the following actions, as appropriate:
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Temporarily withhold cash payments pending correction of the deficiency by Subrecipient;
Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of
the cost of the activity or action not in compliance;
Wholly or partially suspend or terminate the current award;
Exercise any other available remedies. •
Dispute Resolution
The dispute resolution process provided for in Chapter 2260 of the Texas Government Code
shall be used,as further described herein,by TEEX and the Subrecipient to attempt to
resolve any claim for breach of contract made by the Subrecipient:
A Subrecipient's claim for breach of this Agreement that the parties cannot resolve in the
ordinary course of business shall be submitted to the negotiation process provided in Chapter
2260, subchapter B, of the Government Code. To initiate the process,the Subrecipient shall
submit written notice, as required by subchapter B,to Arturo Alonzo, TEEX Deputy
Director. Said notice shall specifically state that the provisions of Chapter 2260, subchapter
B, are being invoked. A copy of the notice shall also be given to all other representatives of
TEEX and the Subrecipient otherwise entitled to notice under the parties' Agreement.
Compliance by the Subrecipient with subchapter B is a condition precedent to the filing of a
contested case proceeding under Chapter 2260, subchapter C, of the Government Code.
The contested case process provided in Chapter 2260, subchapter C, of the Government Code
is the Subrecipient's sole and exclusive process for seeking a remedy for any and all alleged
breaches of the Agreement by TEEX if the parties are unable to resolve their disputes under
subparagraph(A) of this paragraph.
Compliance with the contested case process provided in subchapter C is a condition
precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil
Practices and Remedies Code.Neither the execution of this Agreement by TEEX nor any
other conduct of any representative of TEEX relating to the Agreement shall be considered a
waiver of sovereign immunity to suit.
The submission,processing and resolution of the Subrecipient's claim is governed by the
published rules adopted by the Office of Attorney General of Texas pursuant to Chapter
2260,as currently effective,hereafter enacted or subsequently amended. These rules are
found at 1 T.A.C. Chapter 68.
• Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the
suspension of performance by the Subrecipient,in whole or in part.
The designated individual responsible on behalf of TEEX for examining any claim or
counterclaim and conducting any negotiations related thereto as required under §2260.052 of
H.B. 826 of the 76th Texas Legislature shall be Arturo Alonzo,TEEX Deputy Director.
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G. CONFLICT OF INTEREST
Prevention of Conflicting Interests
The Subrecipient,by signing this Agreement, covenants and affirms that:
No employee of the Subrecipient or a Subrecipient,no member of the Subrecipient's or a
Subrecipient's governing body, and no person who exercises any function or responsibility in
the review or approval of the undertaking or carrying out of this Agreement shall participate
in any decision relating to this Agreement which affect his or her personal pecuniary interest.
The Subrecipient shall take every reasonable course of action to maintain the integrity of this
expenditure of public funds and to avoid favoritism and questionable or improper conduct.
This Agreement shall be administered in an impartial manner, free from efforts to gain
personal, financial or political benefit,tangible or intangible. The Subrecipient,its executive
staff and employees,while administering this Agreement, shall avoid situations which could
give the appearance that any decision was influenced by prejudice,bias, special interest or
desire for personal gain.
Subrecipient shall immediately inform TEEX in writing of any potential conflict of interest
which arises at any time during the term of this Agreement.
If Subrecipient fails to abide by the foregoing covenants and affirmations regarding conflict
of interest,the Subrecipient shall not be entitled to recover any costs or expenses incurred in
relation to this Agreement and shall immediately refund to TEEX any fees or expenses that
may have been paid under this Agreement, and shall further be liable for any other costs
incurred or damages sustained by TEEX relating to this Agreement. Such failure may
subject Subrecipient to sanctions as provided in Section I(Sanctions and Remedial
Measures)of this Agreement.
Sectarian Activity
None of the activities or performances rendered under this Agreement shall involve, and no
portion of the funds received by Subrecipient shall be used for any sectarian or religious
activity.
Political Activity
None of the activities or performances rendered hereunder by the Subrecipient shall involve
and no portion of the funds received by the Subrecipient shall be used for any political
activity, including but not limited to any activity to further the election or defeat of any
candidate for public office,or any activity undertaken to influence the passage,defeat,or
final contents of legislation.
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•
•
H. GENERAL
Parties to Agreement
TEEX and Subrecipient have severally and collectively made and entered into this
Agreement which,together with the documents attached or incorporated by specific
reference, constitutes the entire Agreement between the parties as evidenced by signatures on
the Notice of Subrecipient Award.
r. uy:. `�C �. _ .`r7<: a"h a_.'•bR1 tee, .. '
Legal Authority
The Subrecipient represents and guarantees that it possesses the legal authority to enter into
this Agreement,receive funds authorized by this Agreement, and to perform the required
tasks.
The person signing this Agreement on behalf of Subrecipient hereby warrants that he/she has
been fully'authorized by Subrecipient to execute this Agreement on behalf of Subrecipient
and to legally bind Subrecipient to all the terms,performances and provisions herein set
forth.
Relationship of the Parties
The relationship of the parties is that of independent contractors, and not as agents of each
other or as joint venturers or partners.
Rights in Data,Copyrights and Publication
TEEX will be free to publish the results of all work done under this Agreement. Ownership
of all data produced under.this Agreement will remain with TEEX. Title to and the right to
determine the disposition of any copyrights, or copyrightable material, first produced or
composed in the performance of this Agreement shall remain with TEEX,provided that
TEEX shall grant to Subrecipient an irrevocable,royalty-free,non-exclusive license to
reproduce,modify, and use all such data and copyrightable material for its own use,but not
for any commercial purpose.
Measure of Liability
In consideration of Subrecipient's full and satisfactory performance of conditions in the
agreement,TEEX shall be liable to the Subrecipient in an amount equal to the actual
allowable costs incurred by the Subrecipient, subject to the following limitations:
TEEX shall not be liable for expenditures made in violation of the legal authorities cited in
Section I, Subrecipient Legal Compliance, of this Agreement,or any other law or regulation
applicable to the specific project or service performed under this Agreement.
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Except as otherwise provided by this Agreement, TEEX shall be liable to Subrecipient in an
amount equal to the actual.allowable costs,not to exceed the Subrecipient grant award,
incurred by Subrecipient in rendering required performance.
Except as otherwise specifically authorized by TEEX in writing, TEEX shall only be liable
for expenditures made in compliance with the cost principles and administrative
requirements set forth and referenced in this Agreement.
TEEX shall not be liable to Subrecipient for costs incurred or performances rendered by
Subrecipient before commencement of the Agreement or after completion of this Agreement.
TEEX shall not be liable for any costs incurred by Subrecipient in the performance of this
Agreement which have not been billed to TEEX within sixty(60) days following termination
of this Agreement.
Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of
Texas.
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The Fiscal Year 2004 Citizen Corps Program (CCP)
A.Program Overview
FY 2004 funding for Citizen Corps is authorized by Public Law 108-90,the Department of
Homeland Security Appropriations Act,2004. The FY 2004 Citizen Corps funds will be used
to support Citizen Corps Councils with planning, outreach, and management of Citizen Corps
programs and activities. The FY 2004 Citizen Corps funds provide the resources necessary
for States and local communities to:
• bring together the appropriate leadership to form and sustain a Citizen Corps Council;
• develop and implement a plan for the community to engage all citizens in homeland
security, community preparedness, and family safety;
• conduct public education and outreach in order to inform the public about their role
in crime prevention,mitigation, emergency preparedness for all hazards, and public
health measures, including bio-terrorism, and to encourage personal responsibility
and action;
• develop and implement Citizen Corps programs offering training and volunteer
opportunities to support first responders, disaster relief groups, and community safety
efforts,to include the four charter federal programs; Community Emergency
Response Teams (CERT), Neighborhood Watch, Volunteers in Police Service
(NIPS), and Medical Reserve Corps (MRC); and
• coordinate Citizen Corps activities with other DHS funded programs and initiatives.
Citizen Corps program guidance, supporting materials, and resources (to include links to
preparedness/educational materials and information on all Citizen Corps programs) are
available at www.citizencorps.gov.
B. Program Requirements
Each State shall obligate not less than 80 percent of Citizen Corps funds to local units
of government within 60 days after the grant award.
If requested in writing by a local unit of government,the State may retain some or all of the
local unit of government's allocation of grant funds for purchases made by the State on
behalf of the local unit of government.
States holding grant funds on behalf of local units of government must enter into a
memorandum of understanding with the local unit of government specifying the amount of
funds to be retained by the State for purchases.
This agreement must be kept on file with the SAA. These funds will be provided to local
communities that have an approved Citizen Corps Council or that will establish a Citizen
Corps Council as a condition of receiving the assistance.
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The authorized program expenditures apply to State funds and to direct funding provided to
sub-grantees.
Each local unit of government receiving funds should develop a plan for implementing
the Citizen Corps mission—to have every American participate in homeland security
through public education,training and volunteer service opportunities.
Citizen Corps implementation plans are not required to be submitted to ODP,but rather are
essential tools to guide new and existing Citizen Corps Councils in achieving their goals and -
objectives for the community.
More specifically, the plan should include how.local Citizen Corps Councils will:
Implement the Citizen Corps programs at the communitylevel,which include CERT,
Medical Reserve Corps,Neighborhood Watch,Volunteers in Police Service;and the affiliate
programs;
• conduct public education campaigns;
• provide training;
• cross-leverage Citizen Corps programs;
• tap existing resources at the community level,to include private sector funding;
• provide opportunities for special needs and interests;
• develop targeted outreach for special needs groups; •
• organize special projects and community events;
• encourage cooperation and collaboration among community leaders;
• capture smart practices and report accomplishments
Communities are also expected to register and update information regarding their-
Citizen Corps Councils and programs/activities on the Citizen Corps website and
on other relevant programmatic websites.
The SAA must coordinate Citizen Corps program activities with the State agencies
currently responsible for the administration of Citizen Corps activities. A listing of
current State Citizen Corps points of contact may be found by going to
www.citizencorps.gov/councils/and clicking on"State Citizen Corps POC List"
on the left hand side.
State and local governments are encouraged to consider all sources of funding,to include
private sector funding,to leverage existing materials, and to pursue economies of scale and
economies of scope in pursuing this mission.
States are also encouraged to help local governments form Citizen Corps Councils and to
work with Citizen Corps Councils that have already formed even when the community does
not receive a direct sub-grant.
States will continue to provide program management via the administrative section of
the Citizen Corps website,to include managing the approval process for local Citizen
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Corps Councils, managing administrative section passwords for local users, and managing
subscribers and e-mails to subscribers.
C.Authorized Program Expenditures
Allowable Planning Costs
Costs associated with activities to develop and implement a State,regional or local
Citizen Corps plan are allowable under this program. Applicable costs may include:
• collecting information on existing resources and volunteer activities within the
community
• meetings of the Citizen Corps Council and other community stakeholders
a system to track activities and participants (in compliance with applicable privacy
laws);
• website maintenance;
travel expenses for staff and/or volunteers to attend meetings or training sessions;
survey methodologies to assess citizen preparedness,training, and volunteerism;
hiring of full or part-time staff or contractors/consultants to assist with any of the
above activities ;
conducting local or regional program implementation meetings.
Allowable Public Education/Outreach Costs
To accomplish the mission to have all citizens participate in making America safer,
Citizen Corps Councils may develop public education and outreach materials to educate
and engage the public,to include materials tailored to special needs populations.
Allowable expenditures include:
• materials to support a public awareness campaign,media coverage, outreach
activities, and public events, such as;
• public safety announcements; •
• printed advertising;
• billboards;
• promotional flyers;
• booth displays;
• conference backdrops;
• podium signs;
• recognition pieces for Citizen Corps partners;
• recognition for special commendation in support of the mission;
• informational buttons,pins,key chains, and magnets;
• publications,posters,buck slips; and
• other materials that either encourage the public to participate, educate the public, or
recognize and support our partners to build a strong,broad-based coalition of
programs and organizations that make a commitment to further the Citizen Corps
mission.
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e y u r
Allowable Training/Exercise/Equipment Costs
Citizen Corps funds may be used for training, exercise, and equipment costs related to
citizen education and participation in the Citizen Corps mission of safer communities.
Training supported through the FY 2004 Citizen Corps Program may focus on the
following areas:
• emergency preparedness
• basic first aid and life saving skills,
• crime prevention, .
• public health issues,mitigation, safety in the home, or other..training,that-ipromotes4,... i - `�
community safety.
Specific consideration should be given to training all ages, ethnic groups, and special needs
populations.
Exercises specifically designed for citizens are allowable activities and may include:
• testing public warning systems,
• evacuation/shelter in place capabilities or testing family/business preparedness.
Examples of appropriate volunteer citizen support for emergency preparedness and response
exercises include:
• CERT participation
• back filling non-professional tasks for first responders deployed on exercise,
administrative and logistical assistance with exercise implementation
• providing simulated victims,press, and members of the public
Allowable costs include:
• instructor preparation and delivery time(to include overtime
costs);
• hiring of full or part-time staff or contractors/consultants to assist with
conducting the training and/or managing the administrative aspects of conducting the
training;
• creation and maintenance of a student database;
• rental of training facilities;
• printing course materials to include instructor guides, student manuals,
brochures, certificates,handouts,newsletters and postage (although preference is for
an electronic newsletter with email addresses as part of the database unless the
individuals or areas to be served have limited access to electronic communications);
• course materials specific to the subject matter, such as bandages, gloves, fire
extinguishers,mannequins;
• outfitting CERT T members with a hard hat,safety vest,
goggles, and gloves;
• personal protective equipment for volunteer responders;
• equipment related to specific training or volunteer assignments; and
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- • c
• costs associated with design,development, and conduct of exercises specifically for
citizens or to support the citizen component of first responder exercises,to include
preparing citizens for their role in the exercise.
Allowable Volunteer Program Costs
One of the goals for Citizen Corps Councils is to provide volunteer service opportunities
across all emergency prevention,preparedness and response disciplines, for
community safety efforts, and for disaster relief.
Citizen Corps funding may be used to establish or enhance volunteer program and volunteer
recruitment efforts for Neighborhood Watch, CERT,VIPS, and MRC;the Citizen Corps
affiliate programs;other DHS funded programs and initiatives; outreach and training
activities; and to support the Citizen Corps Council.
To assist local communities with engaging volunteers, Citizen Corps funds may be used to
pay for the costs of:
• recruiting;
• screening/assessing;
• training;
• retaining/motivating;
• recognizing; and
• evaluating volunteers who support law enforcement, fire, emergency medical
services,public works, emergency management, disaster relief organizations,
community safety efforts, and citizen preparedness in the home, schools,the
workplace, and throughout the community.
Funds may also be used to evaluate volunteer programs, to include:
• cost/benefit analysis,
•. how programs can share resources,
• hiring of full or part-time staff or contractors/consultants to assist with evaluations.
To the extent possible, expenditures should be made to benefit multiple programs.
D. Unauthorized Program Expenditures
Unauthorized program expenditures include:
• expenditures for items such as general use software(word processing, spreadsheet,
graphics, etc),
• general-use computers (other than for allowable M &A activities, or otherwise
associated preparedness or response functions) and related equipment,
• general-use vehicles, licensing fees,weapons systems and ammunition;
• activities unrelated to the completion and implementation of the CCP;
• other items not in accordance with the Authorized Equipment List or previously listed
as allowable costs;and,
• construction or renovation of facilities.
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