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R2023-210 2023-10-23RESOLUTION NO. R2023-210 A Resolution of the City Council of the City of Pearland, authorizing the City's participation in the High-Intensity Drug Trafficking Area (HIDTA) Program, as funded by the Office of National Drug Control Policy, and designating an authorized official. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; Section 1. That the City Council hereby authorizes participation in the High-Intensity Drug Trafficking Area (HIDTA) Program, as funded by the Office of National Drug Control Policy and designating an authorized official. PASSED, APPROVED and ADOPTED this the 9th day of October, A.D., 2023. _________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 96DD53B2-5E80-4B2C-BB6D-0DF9C31BB718 f-' �s�slo4'ry� EXECUTIVE OFFICE OF THE PRESIDENT 1 lX:;rA OFFICE OF NATIONAL DRUG CONTROL POLICY fo :1'.; ,' o� Washington,D.C.20503 A3 .53ti March 6, 2023 Mr Trent Epperson City of Pearland 3519 Liberty Dr Pearland, TX 77581-9011 Dear Mr Epperson. We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant(Grant Number G23HN0028A) has been awarded in the amount of$11,000 00 This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The grant agreement and conditions are enclosed. By accepting this grant,you assume the administrative and financial responsibilities outlined in the grant conditions. Failure to adhere to the grant conditions may result in the termination of the grant or the initiation of administrative action. ONDCP also may terminate the award if it no longer effectuates program goals or agency priorities. If you accept this award,please sign both the grant agreement and the conditions and return a copy via email to your respective NHAC accountant or to the following address Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Please keep the original copy of the grant agreement and conditions for your file. If you If you have any questions pertaining to this grant award,please contact Jayme Delano at(202) 395 - 6794 Sincerely, 4,7,„;, /fit,./;, i Shannon Kelly National HIDTA Director Executive Office of the President Grant Agreement Office of National Drug Control Policy 1 Recipient Name and Address 4 Award Number(FAIN) G23HN0028A Trent Epperson City Manager 5 Penod of Performance. City of Pearland From 01/01/2023 to 12/31/2024 3519 Liberty Dr Pearland, TX 77581-9011 2. Total Amount of the Federal Funds Obligated. 6 Federal Award Date 7 Action. $11,000 00 March 6, 2023 Initial 2A. Budget Approved by the Federal Awarding 8 Supplement Number Agency$11,000 00 3 CFDA Name and Number 9 Previous Award Amount: High Intensity Drug Trafficking Areas Program -95 001 3A. Project Description 10 Amount of Federal Funds Obligated by this Action. $11,000 00 High Intensity Drug Trafficking Areas (HIDTA) 11 Total Amount of Federal Award. Program $11,000 00 12. This Grant is non-R&D and approved subject to such conditions or limitations as are set forth on the attached pages. 13 Statutory Authority for Grant: Public Law 117-328 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14 Typed Name and Title of Approving Official 15 Typed Name and Title of Authorized Official Shannon Kelly Trent Epperson National HIDTA Director City Manager Office of National Drug Control Policy City of Pearland 16 Signature of Approving ONDCP Official 17 Signature of Authorized Recipient/Date 4-49;( AGENCY USE ONLY 18 Accounting Classification Code 19 HIDTA AWARD UEI. HUBRXKNJG3C8 OND1070DB2324XX OND6113 DUNS 020796397 OND2000000000 OC 410001 BIN 1746028909A1 Page 2 of 9 GRANT CONDITIONS A. General Terms and Conditions 1 This award is subject to the Uniform Administrative Requirements, Cost Prmciples, and Audit Requirements in 2 C.F.R. § 200 (the "§ 200 Uniform Requirements"), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. §3603 For this award, the § 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. §§ 66 and 70, as well as those of 2 C.F.R. §§ 215, 220, 225, and 230 For more information on the § 200 Uniform Requirements, see https.//www ecfr gov/current/title-2/subtitle-A/chapter-II/part-200 For specific, award- related questions,recipients should contact ONDCP promptly for clanfication. 2. This award is subject to the following additional regulations and requirements. • 28 C.F.R. § 69—"New Restrictions on Lobbying" • 2 C.F.R. § 25 —"Universal Identifier and System of Award Management" • Conflict of Interest and Mandatory Disclosure Requirements • Non-profit Certifications (when applicable) 3 Audits conducted pursuant to 2 C.F.R. § 200, Subpart F, "Audit Requirements"must be submitted no later than 9 months after the close of the grantee's audited fiscal year to the Federal Audit Clearinghouse at https.//harvester census gov/facweb 4 Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management(HHS/DPM) The Federal Financial Report is required to be submitted quarterly and within 90 days after the grant is closed out. 5 The recipient gives the awarding agency or the Government Accountability Office, through any authonzed representative, access to, and the right to examine, all paper or electronic records related to the grant. 6 Recipients of HIDTA funds are not agents of ONDCP Accordingly,the grantee, its fiscal agent(s), employees, contractors, as well as state, local, and Federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP 7 These general terms and conditions, as well as archives of previous versions of these general terms and conditions, are available online at https.//www whitehouse.gov/ondcp/grant-programs/ Page 3 of 11 8 Failure to adhere to the General Terms and Conditions as well as the Program Specific Terms and Conditions may result in the termination of the grant or the initiation of administrative action. ONDCP may also-terminate the award if it no longer effectuates program goals or agency prionties. See 2 CFR 200.340 9 Conflict of Interest and Mandatory Disclosures A. Conflict of Interest Requirements As a non-federal entity, you must follow ONDCP's conflict of interest policies for federal awards Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer; recipients that are pass-through entities must require disclosure from sub-recipients or contractors. This disclosure must take place immediately whether you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub-awards as well as contracts, and are as follows i. As a non-federal entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, award, and administration of sub-awards and contracts. ii. None of your employees may participate in the selection, award, or administration of a sub-award or contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would anse when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered for a sub-award or contract. The officers, employees, and agents of the non-federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from sub-recipients or contractors or parties to sub-awards or contracts. in. If you have a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe,you must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub-award or procurement action involving a related organization. Page 4 of 11 B Mandatory Disclosure Requirement As a non-federal entity, you must disclose, in a timely manner, in writing to ONDCP all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affectmg the federal award. Non-federal entities that have received a federal award including the terms and conditions outlined in appendix XII of this part are required to report certain civil, criminal, or administrative proceedings to the System for Award Management(SAM), currently the Federal Awardee Performance and Integrity Information System. Failure to make required disclosures can result m any of the remedies described in § 200 339 (See also 2 C.F.R. §180, 31 U S C. § 3321, and41USC § 2313 ) None of the funds appropriated or otherwise made available by this grant or any other Act may be used to fund a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud,waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. This limitation shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal depaituuent or agency governing the nondisclosure of classified information. 10 Federal Funding Accountability and Transparency(FFATA) /Digital Accountability and Transparency Act(DATA Act) Each applicant is required to (i) be registered in SAM before submitting its application, (ii)provide a valid Unique Entity Identifier number in its application, (iii) continue to maintain an active SAM registration with current information at all times during which it has an active federal award, and(iv)provide all relevant grantee information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. 11 Subawards are authorized under this grant award. Subawards must be monitored by the award recipient as outlined in 2 C.F.R. § 200.331 12. Recipients must comply with the Government-wide Suspension and Debarment provision set forth at 2 C.F.R. §180, dealing with all sub-awards and contracts issued under the grant. 13 As specified in 2 CFR 200.303 Internal Controls, recipient must: Page 5 of 11 a) Establish and maintain effective internal controls over the federal award that provides reasonable assurance that federal award funds are managed in compliance with federal statutes,regulations and award terms and conditions. These internal controls should be m compliance with the guidance in"Standards for Internal Control in the federal Government," issued by the Comptroller General of the United States and the "Internal Control Integrated Framework," issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO) b) Comply with federal statutes, regulations, and the terms and conditions of the Federal awards c) Evaluate and monitor the non-federal entity's compliance with statute, regulations, and the terms and conditions of the federal award. d) Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings. e) Take reasonable measures to safeguard protected personally identified information(PII) and other information ONDCP or pass-through entity designates as sensitive or the non-federal entity considers sensitive consistent with applicable federal, state, and local laws regarding privacy and obligations of confidentiality 14 Recipients are prohibited from using federal grant funds to purchase certain telecommunication and video surveillance services or equipment in alignment with § 889 of the National Defense Authorization Act of 2019, Pub L. No 115-232. See 2 C.F.R. § 200.216 See also, HIDTA PPBG, § 7.20, Prohibited Uses of HIDTA Funds. 15 Grantees should provide a preference, to the extent permitted by law, to maximize use of goods,products, and materials produced m the United States. See 2 C.F.R. § 200.322. 16 When issuing statements,press releases, requests for proposals,bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, shall clearly state— a) the percentage of the total costs of the program or project which will be financed with federal money; b) the dollar amount of Federal funds for the project or program, and c) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. Page 6of11 B. Recipient Integrity and Performance Matters Reporting of Matters Related to Recipient Integrity and Perfoiuiance 1 General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award,then you as the recipient during that period of time must maintain the currency of information reported to SAM that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under § 872 of Public Law 110-417, as amended(41 U S C § 2313) As required by § 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts,will be publicly available. See 41 U S C § 417b(e)(1) 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b Reached its final disposition during the most recent 5-year period, and c. Is one of the following• (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition, (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine,penalty, reimbursement, restitution, or damages of$5,000 or more, (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted m a finding of fault and liability and your payment of either a monetary fine or penalty of$5,000 or more or reimbursement, restitution, or damages in excess of$100,000, or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c (1), (2), or (3) of this award term and condition, (ii)It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and Page 7 of 11 (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations 3 Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described m paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under federal procurement contracts that you were awarded. 4 Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent 5-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than$10,000,000 must disclose semiannually any information about the cnmmal, civil, and administrative proceedings 5 Definitions For purposes of this award term and condition. a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability(e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings) This includes proceedings at the Federal and state level, but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b Conviction, for purposes of this award term and condition,means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the federal share of the funding under any federal award with a recipient cost share or match, and (2) The value of all expected funding increments under a federal award and options, even if not yet exercised. Page 8 of 11 C. Program Specific Terms and Conditions The grant condition is as follows 1 This award is subject to the requirements in the SUPPORT for Patients and Communities Act, 21 U S C §§ 1701 et seq and in the ONDCP National HIDTA Program Office HIDTA Program Policy and Budget Guidance(September 9, 2021) (PPBG). The HIDTA PPBG is issued pursuant to authority granted the Director of ONDCP by the SUPPORT for Patients and Communities Act(21 U S C § 1706) and the Uniform Administration Requirements (2 C.F.R. § 200)which provide the Director of ONDCP authority to coordinate funds and implement oversight and management function with respect to the HIDTA Program. The HIDTA PPBG can be accessed at the following website https.//www.nhac.org/hidta_guidance/Program_Policy_and_Budget_Guidance2021.pdf In addition, as a condition for receiving this award, recipients must complete safe and healthy workplace tramings as outlined in the PPBG D. Federal Award Performance Goals HIDTA award recipients must adhere to the perfoiinance measures, goals and requirements set forth in the PPBG Performance Management chapter(§ 10 0) and the HIDTA Performance Management Process (PMP) database. E. Payment Basis 1 A request for advance or reimbursement shall be made using the HHS/DPM system (https.//pms.psc gov/) 2. The grantee, must utilize the object classes specified within the initial grant application each time they submit a disbursement request to ONDCP Requests for payment in the DPM system will not be approved unless the required disbursements have been entered using the corresponding object class designations. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be Federal Deposit Insurance Corporation(FDIC) insured. The account must be interest bearing. 3 Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act(31 U S C. § 6501 et seq) and the Indian Self-Determination and Education Assistance Act (25 U S C § 450), awardees and sub-awardees shall promptly, but at least annually, remit interest earned on advances to HHS/DPM using the remittance instructions provided below Remittance Instructions—Remittances must include pertinent mformation of the payee and nature of payment in the memo area (often referred to as "addenda records"by Financial Institutions) as that will assist in the timely posting of interest earned on federal funds. Pertinent details include the Payee Account Number(PAN),reason for check(remittance of interest earned on advance payments), check number(if applicable), awardee name, award number, interest period covered, and contact name and number The remittance must be submitted as follows Page 9 of 11 Through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment. (i) For ACH Returns Routing Number 051036706 Account number 303000 Bank Name and Location. Credit Gateway—ACH Receiver St. Paul,MN (ii) For Fedwire Returns* Routing Number 021030004 Account number 75010501 Bank Name and Location. Federal Reserve Bank Treas NYC/Funds Transfer Division New York,NY (* Please note organization initiating payment is likely to incur a charge from your Financial Institution for this type of payment) For recipients that do not have electronic remittance capability, please make check**payable to "The Department of Health and Human Services." Mail Check to Treasury approved lockbox. HHS Program Support Center, P 0 Box 979132, St. Louis, MO 63197 (** Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account) Any additional mformation/instructions may be found on the PMS Web site at https.//pms.psc.gov/grant-recipients/returning-funds-interest.html. 4 The grantee or subgrantee may keep interest amounts up to $500 per year for administrative purposes RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Date i/ h/ 3 Trent Epperson Page 10 of 11 City of Pearland Page 11 of 11 Initiative Cash by HIDTA FY 2023 Awarded Budget (as approved by ONDCP) HIDTA Agency Name Initiative Cash Type Grant Houston City of Pearland Major Drug Squads (MDS) 11,000 00 Investigation G23HN0028A Agency Total . City of Pearland 11,000.00 Total 11,000.00 3/1/2023 7 52 58 AM Budget Detail 2023 - Houston Initiative - Major Drug Squads (MDS) Investigation Award Recipient - City of Pearland (623HN0028A) Resource Recipient - City of Pearland Indirect Cost:0.0% Awarded Budget(as approved by ONDCP) $11,000.00 Overtime Quantity Amount Investigative - Law Enforcement Officer 1 $11,000 00 Total Overtime $11,000.00 Total Budget $11,000.00 Page 1 of 1 3/1/2023 7:52.58 AM