TCOG Governing Board Meeting Agenda 1117 Gallagher Drive, Sherman, Texas Thursday, October 16, 2014 – 5:30 p.m. * A. Call to Order & Declaration of a Quorum B. Invocation and Pledges C. Welcome Guests D. Induct New Governing Board Member for 2014-2015 TCOG Governing Body Pledge: In accepting this responsibility as a Governing Body member, Do you pledge: - To uphold the bylaws of the organization - To be faithful in attendance - To strive to achieve the TCOG mission while representing our constituents - To foster full and active participation of all Governing Body members, and - To promote our strengths as a region E. Approval of Minutes: Approve Meeting Minutes for September 2014 – page 3 F. Executive Director’s Report a. ADRC Update, Janet Karam b. HUD Flat Rent Increase and THP Board Action, Allison Minton c. TARC Legislative Update & Sunset Commission Report on DADS d. VASH Campaign e. 2015 Strategic Planning G. Consent All items on Consent Agenda are considered to be routine by the Council of Governments and will be enacted with one motion. There will not be separate discussion of these items unless a member of the Governing Body or a citizen so requests, in which event these items will be removed from the general order of business and considered in normal sequence. 1. September 2014 Liabilities (AF): Authorize the Secretary/Treasurer to make payments in the amounts as listed. Stacee Sloan, Finance Director – page 4 2. FY2014 Homeland Security Grant Program (PD): Accept the FY2014 State Homeland Security Program Sub-recipient Agreement from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency (SAA). CJ Durbin-Higgins, Public Safety Program Manager – page 15 3. GIS Interlocal Renewal Agreements (PD): Approve the renewal of interlocal agreements between TCOG and Cooke County, Fannin County, City of Gunter, and the City of Van Alstyne for GIS services. Michael Schmitz, GIS and Planning Program Manager – page 36 H. Action 1. Community Services Block Grant (CSBG) 2015 Plan (CS): Authorize submission of the FY 2015 CSBG plan to the Texas Department of Housing and Community Affairs (TDHCA). Brenda Smith, Energy Services Program Manager – page 46
D. Induct New Governing Board Member for 2014-2015 TCOG Governing Body Pledge:
In accepting this responsibility as a Governing Body member, Do you pledge: - To uphold the bylaws of the organization - To be faithful in attendance - To strive to achieve the TCOG mission while representing our constituents - To foster full and active participation of all Governing Body members, and - To promote our strengths as a region
E. Approval of Minutes: Approve Meeting Minutes for September 2014 – page 3
F. Executive Director’s Report a. ADRC Update, Janet Karam b. HUD Flat Rent Increase and THP Board Action, Allison Minton c. TARC Legislative Update & Sunset Commission Report on DADS d. VASH Campaign e. 2015 Strategic Planning
G. Consent All items on Consent Agenda are considered to be routine by the Council of Governments and will
be enacted with one motion. There will not be separate discussion of these items unless a member of the Governing Body or a citizen so requests, in which event these items will be removed from the general order of business and considered in normal sequence.
1. September 2014 Liabilities (AF): Authorize the Secretary/Treasurer to make payments in the amounts as listed.
Stacee Sloan, Finance Director – page 4
2. FY2014 Homeland Security Grant Program (PD): Accept the FY2014 State Homeland Security Program Sub-recipient Agreement from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency (SAA).
CJ Durbin-Higgins, Public Safety Program Manager – page 15
3. GIS Interlocal Renewal Agreements (PD): Approve the renewal of interlocal agreements between TCOG and Cooke County, Fannin County, City of Gunter, and the City of Van Alstyne for GIS services.
Michael Schmitz, GIS and Planning Program Manager – page 36
H. Action 1. Community Services Block Grant (CSBG) 2015 Plan (CS): Authorize submission of the FY 2015
CSBG plan to the Texas Department of Housing and Community Affairs (TDHCA). Brenda Smith, Energy Services Program Manager – page 46
*
AS: Aging Services Department AF: Administration & Finance Department CS: Client Services Department PD: Planning & Development Department Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Administration & Finance at 903-813-3510 two (2) work days prior to the meeting so that appropriate arrangements can be made. The above Agenda was posted online at http://www.tcog.com and physically posted at the Texoma Council of Governments offices in a place readily accessible to the public. The Agenda was also faxed to the County Clerk offices in Cooke, Fannin and Grayson Counties, Texas on Friday, October 10, 2014.
2. GIS Interlocal Agreement for City of Tioga (PD): Approve interlocal agreement with the City of Tioga for GIS services.
Michael Schmitz, GIS and Planning Program Manager – page 50
3. Office of the Governor, Criminal Justice Division Interlocal Agreement (PD): Accept the FY2015 Interlocal Agreement between the Office of the Governor, Criminal Justice Division and the Texoma Council of Governments.
CJ Durbin-Higgins, Public Safety Program Manager – page 54
4. Group Medical Plan Changes for 2015 (AF): Approve the following (1) change TCOG’s employee vision & dental to optional for calendar year 2015; (2) change TCOG’s annual HAS contribution for 2015 to $1,500 per employee.
Stacee Sloan, Finance Director – page 68
5. TCOG Audit Report for fiscal year ended 04/30/2014 (AF): Accept TCOG’s Audit Report for Fiscal Year Ended 04/30/2014:
a. Accept the Audit Report as presented b. Authorize staff to make payment to the audit firm in accordance with the terms of the
engagement letter c. Authorize distribution of the Audit Report to appropriate grantor agencies.
Stacee Sloan, Finance Director
6. FYE 2015 Budget Status Update (AF): Accept recommendation, if any, regarding TCOG FYE 2015 Budget.
Stacee Sloan, Finance Director – page 69
I. President’s Report
J. Adjourn
TCOG Governing Board Meeting Minutes
Austin College Wright Campus Center 900 N. Grand Avenue, Sherman, Texas
Thursday, September 18, 2014 – 5:30 p.m.
Members Present: Cecil Jones, John Roane, Keith Clegg, Sarah Somers, Roy Floyd, Phyllis James, JD Roane, Cary Wacker, Spanky Carter, Kate Whitfield, Teresa Adams
A. Judge Carter called the meeting to order and declared a quorum at 5:33 p.m.
B. Cecil Jones provided the invocation, followed by John Roane, who led the pledges.
C. Welcome Guests & Staff: Brenda Smith, Michael Schmitz, Rayleen Bingham, Sean Norton, Josh Brummett
D. Chris Burch was absent from the meeting and therefore unable to take the pledge at this time.
E. A motion was made by Cecil Jones to approve the meeting minutes for July 2014. This motion was seconded by Cary Wacker. Motion carried.
F. Dr. Thomas did not have an Executive Director Report this evening.
G. A motion was made by Roy Floyd to approve the Consent Items. This motion was seconded by John Roane. Motion carried.
1. Authorize the Secretary/Treasurer to make payments in the amounts as listed. 2. Ratify budget for the contractual agreement initiated by Texas Health and Human Services
Commission on behalf of the Department of Aging and Disability Services (DADS) for the establishment of the Aging and Disability Resource Center (ADRC) for Region 2.
H. Action 1. A motion was made by Cary Wacker to accept the report of investments for the period of
May 1, 2014 through July 31, 2014. This motion was seconded by Kate Whitfield. Motion carried.
2. A motion was made by Kate Whitfield to authorize Executive Director to execute second amendment to the current LIHEAP contract 81140001888 with the Texas Department of Housing and Community Affairs (TDHCA). This motion was seconded by Cecil Jones. Motion carried.
3. A motion was made by Kate Whitfield to authorize submission of the TCOG Section 8 Housing 5-Year and Annual PHA Plan. This motion as seconded by Keith Clegg. Motion carried.
4. A motion was made by Cary Wacker to adopt the new TCOG Vision Statement. This motion was seconded by John Roane. Motion carried.
5. No action was taken regarding TCOG FYE 2015 Budget. I. President’s Report
J. At 5:58 p.m., Judge Carter adjourned the meeting.
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TEXOMA COUNCIL OF GOVERNMENTS
Check/Voucher Register - LIABILITY LISTING
0017 - SECT 8 CASH IN BANK CHASE
From 9/1/2014 Through 9/30/2014
Vendor Name NumberCheck
Check Date Transaction Description Check Amount
819741600 LA SALLE PARTNERS LLC 9/1/2014 Section 8 APs 2,132.00
81933ALBANNA, REBECCA G. 9/1/2014 Section 8 APs 391.00
THRU: Dr. Randy McBroom, Planning & Development Director
FROM: CJ Durbin-Higgins, Public Safety Program Manager
DATE: October 3, 2014
RE: FY2014 Homeland Security Grant Program
RECOMMENDATION Accept the FY2014 State Homeland Security Program Sub-recipient Agreement from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency (SAA).
BACKGROUND TCOG staff and the TCOG Homeland Security Advisory Committee facilitate and execute the Homeland Security Funding Process with the Texas Department of Public Safety, Texas Homeland Security Administrative Agency. This process includes stakeholders from the counties of Cooke, Fannin, and Grayson. Using state priority guidance, the TCOG HSAC plans and prioritizes projects for the Texoma region. Department of Homeland Security Funding includes the following funding streams: State Homeland Security Program (General use), Law Enforcement & Terrorism Prevention Activities (LETPA).
The TCOG Homeland Security Advisory Committee (HSAC) membership is made up of the three county judges in our region, the mayors of Bonham, Denison, Gainesville, and Sherman, and the emergency management coordinators from these seven jurisdictions. Committee activities and actions are conducted pursuant to published by-laws.
DISCUSSION On September 16, 2014 TCOG received a regional allocation for Homeland Security Grant Program for FY2014. TCOG was allocated $37,578 for the FY2014 State Homeland Security Program (SHSP) to support general planning and $11,279 for the Management and Administration (M&A) of the FY2014 SHSP & LETPA for the Texoma Region. TCOG received the FY2014 Sub-Recipient Agreement awards from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency and must be submitted on or before October 31, 2014. (See attached documents)
BUDGET No cash match required by TCOG.
APPROVAL
_________________________ Stacee L. Sloan, Finance Director
_________________________ Susan B. Thomas, PhD, Executive Director
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TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD BOX 4087 AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov
STEVEN C. McCRAW COMMISSION DIRECTOR A. CYNTHIA LEON, CHAIR DAVID G. BAKER MANNY FLORES ROBERT J. BODISCH, SR. FAITH JOHNSON DEPUTY DIRECTORS STEVEN P. MACH RANDY WATSON
EQUAL OPPORTUNITY EMPLOYER COURTESY SERVICE PROTECTION
September 16, 2014 Dear Authorized Official: Attached are FY 2014 Homeland Security Grant Program (HSGP) sub-recipient award documents for your jurisdiction/agency. This letter, and the attached documents, contain important information about the grant(s) and provide instructions requiring your immediate action for grant acceptance. Please follow the instructions at the top of the first page of the Terms and Conditions, and return all documents as instructed below to the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency (THSSAA) no later than October 31, 2014. The Sub-Recipient Agreement (SRA), which includes the Award, the Terms and Conditions, and attached Exhibits must be filled out and signed by the person identified in Box 4 on the Sub-Recipient Award. Signature by anyone else will only be accepted if a letter of designation from the governing body is attached that authorizes the person to sign for the Sub-Recipient Award. Letters of signature designation will be deemed as authorization for that person to sign any future documents related to the grant award(s) unless the letter indicates otherwise. Return SRA(s) via Email The FY 2014 SRA documents should be returned via email to [email protected] by the date indicated above. Please title the subject line of your email “HSGP” and name of jurisdiction (i.e. HSGP Houston_City of). If you have received multiple awards, please attach each SRA (including a signed award and set of Terms and Conditions) as a separate attachment to the email and use the following naming convention for each file: federal grant title abbreviation (from Box 5 on Award), “SRA” and name of jurisdiction (i.e. SHSP LETPA SRA Houston_City of; UASI SRA Houston_City of). Please retain a copy of each document submitted to the THSSAA for your records. The grant award(s) may be withdrawn if all required documents are not completed and submitted to the THSSAA within the deadline established above. Timeline for FY 2014 Grant Process Below is the timeline for the FY 2014 HSGP awards and projects. The Biannual Strategy Implementation Report (BSIR) Plan must be completed in the State’s grant management system State Preparedness and
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Assessment Reporting Service (SPARS), and the Sub-Recipient must enter acceptable milestones for each project in SPARS. Aug 6 2014 Date on 2014 HSGP Award from DHS/FEMA Sept 20 2014 Deadline for SAA to issue Sub-Recipient Agreements (45 days from start date as
indicated by DHS). Oct 31 2014 Deadline for signed Sub-Recipient Agreements to be returned to SAA (45 days from
SAA award date). Oct 31 2014 Deadline for sub-recipient to have entered their initial BSIR data in SPARS Nov 30 2014* Deadline for sub-recipient to enter project milestones for approved 2014 projects.
*(Expenditure requests will not be approved until clear milestones are established for all projects in SPARS.)
Feb 28 2015 Deadline for sub-recipients to submit 2014 project EHP Screening Forms to the SAA.
JAN 30 2016*
End of sub-recipients performance period. All invoices must be received in SPARS by this date. (*COGs and UASI Core Cities have slightly longer performance periods; see Box 6 of the Award for your performance period end date.)
Form 74-176 Direct Deposit Authorization In addition, to reimburse you for grant-funded expenses the THSSAA must have a current Direct Deposit Authorization Form from your organization in order to transfer grant funds electronically to a designated bank account. An electronic version of the form is available on the Texas State Comptroller’s website at: http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdf. (On the form, please select “Texas Department of Public Safety” from the dropdown list when prompted.) If you submitted a completed Direct Deposit Authorization form recently at the request of TXDPS or with prior acceptance documents for FY 2014 HSGP awards, you do not need to complete a new authorization unless your bank account information has changed. By the due date of your SRA(s), please email a current Direct Deposit Authorization form to [email protected] with a subject line and file name of “DDForm” and name of jurisdiction (i.e. DDForm Travis County). If you have any questions, you may contact your Council of Governments, UASI Point of Contact, the grant coordinator assigned to your region or Nancy Carrales at [email protected] or (512) 377-0004. For information on grant coordinators assigned to your region please go to http://www.txdps.state.tx.us/director_staff/saa/documents/grantTeamAlignments.pdf. Sincerely, Garry Jones Deputy Assistant Director Texas Homeland Security State Administrative Agency
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Texas Department of Public Safety
2014 Sub-Recipient Award for
Texoma COG
1. General Award Information Reference/Encumbrance No:
Date of Award: September 16, 2014 Prepared By: Lara, Pete H. 3. SAA Award Number: 14-SR 99023-01
4. Sub-Recipient Name and Address 5. Federal Grant Information
Executive Director Ms. Susan B.Thomas, Ph.D.Texoma COG1117 Gallagher Drive, Suite 100Sherman, TX 75090
Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP)
Federal Grant Award Number: EMW-2014-SS-00029
Federal Granting Agency: U.S. Department of Homeland Security(DHS) Federal Emergency Management Agency (FEMA)
Date Federal Grant Awarded to TxDPS: August 6, 2014
CFDA: 97.067
6. Award Amount and Grant Breakdowns
SHSP
$37,578.00
Grant Period:
From:
Sep 1, 2014
To:
May 31, 2016
(The SAA must receive all invoices by the end of grant period)
7. Statutory Authority for Grant: The Department of Homeland Security Appropriations Act, 2014, (Public Law 113-76), and TheHomeland Security Act of 2002 as amended (Public Law 107-296), (6 U.S.C. § 603).
8. Method of Payment: Primary method is reimbursement.
9. Debarment/Suspension Certification: The Sub-Recipient certifies that the sub-recipient and its contractors/vendors and principalsare not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agencyand do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/
10. Agency Approvals
Approving TxDPS Official:
Garry JonesDeputy Assistant DirectorTexas Homeland SecurityState Administrative AgencyTexas Department of Public Safety
Signature of TxDPS Official:
11. Sub-Recipient Acceptance
I have read, understood and agree to this Sub-Recipient Agreement consisting of this Award and the attached Terms andConditions.
Print name and title of Authorized Sub-Recipient Official: Signature of Sub-Recipient Official:
Enter Employer Identification Number (EIN) orFederal Tax Identification Number:
DUNS Number: Date Signed :
DUE DATE: October 31, 2014 Signed Award with Terms and Conditions must be returned to [email protected] on or before thedue date.
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2014 TERMS AND CONDITIONS
Instructions:
The Sub-recipient shall:
1. Fill in the information and sign the Grant Sub-Recipient Award;2. Certify they have read and understand these Terms and Conditions;3. Certify to the statements provided in Exhibits A, B, C and D located at the back of this document by filling in contactinformation and signing all exhibits, and4. Return all documents via email to [email protected] on or before the date provided in the transmittal letter and/orin this Grant.
1. Grant Sub-recipient AgreementThis Grant Sub-recipient Agreement (consisting of this 2014 Grant Sub-recipient Award and these Terms and Conditions) is made andentered into by and between the Department of Public Safety / Texas Homeland Security State Administrative Agency, an agency of theState of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient, hereinafter referred to as the "Sub-recipient” or“Sub-grantee.” Furthermore, DPS/THSSAA and the Sub-recipient are collectively hereinafter referred to as the “Parties.” This GrantSub-recipient Agreement (SRA), or otherwise referred to herein as “this Grant” or “this Agreement”, is only an offer until Sub-recipientreturns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub-recipient Award.
The FY 2014 Homeland Security Grant Program (HSGP) funding plays an important role in the implementation of the NationalPreparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the NationalPreparedness Goal (NPG) of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible costs related to the planning,organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorismand other catastrophic events. This program provides an integrated mechanism that builds and sustains core capabilities to support theNation’s Preparedness against terrorist attacks, major disasters, and other emergencies.
The FY 2014 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of the National PreparednessSystem (NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of eachof the five mission areas outlined in the NGP. NSGP provides funding support statutorily eligible costs to include target hardening and otherphysical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located within one of thespecific Urban Areas Security Initiative (UASI)-eligible Urban Areas. While this funding is provided specifically to high-risk nonprofitorganizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is alsodesigned to promote coordination and collaboration in emergency preparedness activities among public and private communityrepresentatives, as well as State and local government agencies.
Sub-recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. IfSub-recipient issues subawards as part of this Grant project, Sub-recipient shall include and require its subawardees to comply with theterms and conditions of this Grant.
The term "Sub-recipient agreement funds" as used in this Grant means funds provided by DPS/THSSAA under the United StatesDepartment of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein asDHS/FEMA). The term "Sub-recipient's funds" or match funds as used in this Grant means funds provided by the Sub-recipient.
2. Overview and Performance StandardsAll allocations and use of funds under this Grant shall be in accordance with the FY 2014 Funding Opportunity Announcement (FOA) for theFederal Grant Title specified on this Grant, and such FY 2014 FOA is incorporated by reference herein. Sub-recipient shall read, understandand accept the FY 2014 Funding Opportunity Announcement as binding.
A. Standard of Performance. Sub-recipient shall perform all activities and projects entered into the DPS/THSSAA web-based grantsmanagement system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriatelocal, regional and state-level grant administrator(s). Sub-recipient shall perform all activities in accordance with all terms, provisions andrequirements set forth in this Grant, including but not limited to the following Exhibits:
1. Assurances – Non-Construction Programs, hereinafter referred to as “Exhibit A” 2. Assurances – Construction Programs, hereinafter referred to as “Exhibit B”3. Certifications, hereinafter referred to as “Exhibit C”4. State of Texas Assurances, hereinafter referred to as “Exhibit D”
B. Failure to Perform. In the event Sub-recipient fails to implement the project(s) entered and approved in the DPS/THSSAA web-basedgrants management system, or comply with any provision of this Grant, Sub-recipient shall be liable to DPS/THSSAA for an amount not toexceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or anyother grant program funds administered by DPS until repayment to DPS/THSSAA is made and any other compliance or audit finding issatisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce futurefunding in additional DHS/FEMA and/or other grant programs administered by DPS.
3. Environmental ReviewSub-recipient shall assess its federally funded projects for potential impact to environmental resources and historic properties. Sub-recipient shall submit any required screening form(s) as soon as possible and shall comply with deadlines established byDPS/THSSAA. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon thecomplexity of the project and the potential for environmental or historical impact. Sub-recipient shall include sufficient reviewtime within its project management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA’s
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EHP review will result in a non-compliance finding and DPS/THSSAA will not authorize or release Grant funds for non-compliantprojects.
Sub-recipient, as soon as possible upon receiving this Grant, shall provide information to DPS/THSSAA to assist with the legally-requiredEHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening FormOMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for review. TheseEHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, theEndangered Species Act, EO 11988 – Floodplain Management, EO 11990 – Protection of Wetlands, and EO 12898 – EnvironmentalJustice. Sub-recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 329.
Sub-recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase anduse of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical securityenhancements involving ground disturbance, new construction, and modifications to buildings. Sub-recipient shall comply with all mitigationor treatment measures required for the project as the result of FEMA’s EHP review. Any changes to an approved project description willrequire re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur duringproject implementation, Sub-recipient shall ensure monitoring of ground disturbance and if any potential archeological resources arediscovered, Sub-recipient shall immediately cease construction in that area and notify FEMA and the appropriate State HistoricalPreservation Office.
4. Funding Obligations
A. DPS/THSSAA shall not be liable to Sub-recipient for any costs incurred by Sub-recipient that are not allowable costs.
B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under thisGrant shall not exceed the Total Award Amount listed on the Grant Sub-recipient Award.
C. Sub-recipient shall contribute the match funds listed on the Grant Sub-recipient Award.
D. Sub-recipient shall refund to DPS/THSSAA any sum of these Grant funds that has been determined by DPS/THSSAA to be anoverpayment to Sub-recipient or that DPS/THSSAA determines has not been spent by Sub-recipient in accordance with this Grant. Norefund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted bystatute or regulation. Sub-recipient shall make such refund to DPS/THSSAA within thirty (30) calendar days after DPS/THSSAA requestssuch refund.
E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA’s obligations under this Grant arecontingent upon the receipt of adequate funds to meet DPS/THSSAA’s liabilities hereunder, except as required by the Homeland SecurityGrant Program (HSGP). DPS/THSSAA shall not be liable to Sub-recipient for costs which exceed the amount specified in this Grant.
5. Performance Period The performance period for this Grant is listed on the Grant Sub-Recipient Award. All goods and services shall be received withinthe performance period AND all reimbursement requests shall be submitted to DPS/THSSAA within the performance period.Sub-recipient shall have expended all Grant funds and submitted reimbursement requests and any invoices in the DPS/THSSAAgrant management system by the end of the performance period. DPS/THSSAA shall not be obligated to reimburse expenses incurredor submitted after the performance period.
6. Uniform Administrative Requirements, Cost Principles and Audit Requirements Except as specifically modified by law or this Grant, Sub-recipient shall administer this Grant through compliance with the most recentversion of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations,and the terms and conditions of this Grant. A non-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 (theA-102 Common Rule);
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals andOther Non-Profit Organizations (OMB Circular A-110).
3. 44 C.F.R. Part 10, Environmental Considerations
B. Cost Principles
1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87)
2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A-21)
3. 2 C.F.R. Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122)
4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations
C. Audit Requirements
OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations.
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D. Grant Guidance (Funding Opportunity Announcement)
Sub-recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2014 FundingOpportunity Announcement and supplemental resources for the HSGP currently available athttp://www.fema.gov/media-library-data/1395161200285-5b07ed0456056217175fbdee28d2b06e/FY_2014_HSGP_FOA_Final.pdf and theNonprofit Security Grant Program (NSGP), http://www.fema.gov/media-library-data/1396016700388-fb23d813b8df0d8eab995c8f27c1ac3e/FY_2014_NSGP_FOA_Final_Revised.pdf.
7. DHS Specific Acknowledgements and AssurancesSub-recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 – FinancialAssistance Award Standard Terms and Conditions (January 14, 2011), which is incorporated by reference herein. DHS requires thosestandard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financialassistance awards: http://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdf.
Sub-recipient acknowledges and agrees, and shall require any sub-recipients, subawardees, contractors, successors, transferees, andassignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents,information, facilities, and staff.
1. Sub-recipient shall cooperate with any compliance review or complaint investigation conducted by DHS.
2. Sub-recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources ofinformation related to this Grant and permit access to facilities, personnel, and other individuals and information as may be necessary, asrequired by DHS regulations and other applicable laws or program guidance.
3. Sub-recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backupdocumentation to support the reports.
4. Sub-recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law ordetailed in program guidance.
5. If, during the past three (3) years, Sub-recipient has been accused of discrimination on the grounds of race, color, national origin(including limited English proficiency), sex, age, disability, religion, or familial status, Sub-recipient shall provide a list of all suchproceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Officeof Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (includinglimited English proficiency), sex, age, disability, religion, or familial status against Sub-recipient, or Sub-recipient settles a case or matteralleging such discrimination, Sub-recipient shall forward a copy of the complaint and findings to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
8. Operation Stonegarden (OPSG) Specific ConditionsIf Sub-recipient is receiving Operation Stonegarden (OPSG) funds, Sub-recipient is prohibited from obligating or expending OPSGfunds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order orFragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border Protection/BorderPatrol (CBP/BP). Each Operations Order will be transferred via the secure portal (CBP/BP) BPETS system from each respective AORSector HQ to CBP/BP HQ in Washington, D.C., for review and pre-approval for Operational continuity, then forwarded to FEMA GPD/PGDOPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA andCBP/BP HQ in Washington, D.C.
1. Sub-recipient shall develop and submit required operational documents through the border area’s Integrated Planning Team.
2. Sub-recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which willarticulate the intent of how OPSG funds will be used throughout Sub-recipient’s Grant performance period.
3. If Sub-recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a requestfor an overtime waiver shall be submitted through the Integrated Planning Team.
4. Sub-recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of thecampaign plan.
5. Sub-recipient shall only initiate tactical operations after the specific Operations Order(s) are approved through the Border PatrolHeadquarters and by FEMA, and the DPS/THSSAA has issued a Grant Sub-recipient Award or Grant Adjustment Notice (GAN) to thejurisdiction.
9. State Requirements for Grants Sub-recipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to thelaws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, StateAdministrative Agency Information Bulletins, available at http://www.txdps.state.tx.us/director_staff/saa/information_bulletins.htm, Texas Uniform Grants Management Standards (UGMS) at http://www.window.state.tx.us/procurement/catrad/ugms.pdf and the State Administrative Agency Sub-recipient Manual, available at http://www.txdps.state.tx.us/director_staff/saa/documents/subrecipientManual.pdf. Sub-recipient shall, in addition to the assurances andcertifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes,regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application.
Sub-recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows:
1. Grant funds may not be expended for this Grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701,unless the law enforcement agency requesting this Grant is in compliance with all rules developed by the Texas Commission on LawEnforcement (COLE) or TCOLE certifies that the requesting agency is in the process of achieving compliance with such rules.
2. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a pollconducted by an academic institution as part of the institution’s academic mission that is not conducted for the benefit of a particularcandidate or party.
3. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements aresatisfied:
a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local governmentemployees;
b. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support thecandidacy of any person for office; influencing positively or negatively the payment, loan, or gift to a person or political organization for apolitical purpose and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of alobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist;
c. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who usesalcoholic beverages on active duty and Sub-recipient may not use Grant funds to purchase an alcoholic beverage and may not pay orreimburse any travel expense for an alcoholic beverage;
d. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Sub-recipient to make every effort to attain key performancetarget levels associated with this Grant, including performance milestones, milestone time frames, and related performance reportingrequirements; and
e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grantmay only be expended if Sub-recipient timely completes and files its reports.
10. Restrictions and General ConditionsA. Use of Funds. DHS Grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutoryauthority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, orintervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal governmentor any other government entity.
B. Lobbying Prohibited. No funds shall be expended by Sub-Recipient to pay any person to influence, or attempt to influence an officer oremployee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress inconnection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. Theselobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub-Recipient understands and agrees that it shall not use any federalfunds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any levelof government, without the express prior written approval of FEMA.
C. Transferring Funds. Sub-recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG)without a properly executed GAN.
D. Federal Employee Prohibition. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposalsubmitted under this Grant. Federal employees may not receive funds under this Grant.
E. Cost Categories. There may be limitations on the use of HSGP and/or NSGP funds for the categories of costs listed below. Foradditional details on restrictions on the use of funds, refer to the FY 2014 HSGP or NSGP FOA, Appendix C, Funding Guidelines.
1. Management and Administration
2. Planning
3. Organization
4. Equipment
5. Training
6. Exercises
7. Maintenance and Sustainment
8. Critical Emergency Supplies
9. Construction and Renovation
F. Governing Board Approval. In cases where local funding is established by a Council of Government (COG) or an Urban Area SecurityInitiative (UASI) governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governingboard.
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G. Notices. All notices or communications required or permitted to be given by either Party hereunder shall be deemed sufficiently givenif mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Lone Star, tothe other Party at its respective address. For notice to DPS/THSSAA see address set forth below. For Sub-recipient, see the address listedon the Grant Sub-Recipient Award page or Point of Contact address listed for the Sub-recipient in the DPS/THSSAA Grants ManagementSystem (SPARS).
DPS/THSSAA Contact InformationDeputy Assistant Director
Texas Homeland Security State Admin. Agency
Texas Department of Public Safety
P.O. Box 4087
Austin, TX 78773-0220
H. Points of Contacts. Within 30 calendar days of any change, Sub-recipient shall notify DPS/THSSAA of any change or correction to thechief elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system.
I. DUNS Number. Sub-recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedgov.dnb.com/webform.
J. Central Contractor Registration and Universal Identifier Requirements. Sub-recipient maintains that it has registered on the Systemfor Award Management (SAM) at www.sam.gov, or other federally established site for contractor registration, and enteredDPS/THSSAA-required information. Sub-recipient shall keep current, and then review and update the information at least annually. Sub-recipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report orreceives final Grant award payment. Sub-recipient agrees that it shall not make any subaward agreement or contract related to this Grantwithout first obtaining the vendor/subawardee's mandatory DUNS number. See Section .210 of OMB Circular A-133, Audits of States, LocalGovernments, and Non-profit Organizations.
K. Indirect Cost Allocation Plan. Sub-recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by CognizantAgency to DPS/THSSAA within 30 calendar days of the approval. “Cognizant agency” means the Federal agency responsible for reviewing,negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federalagencies. OMB publishes a listing of cognizant agencies at http://harvester.census.gov/sac/dissem/asp/reports.asp. Unless the basis of thecost plan changes, Sub-recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendardays after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed [email protected]. The Sub-recipient name shall be included in the file name and subject line of the email transmittal.
L. Reporting Total Compensation of Sub-recipient Executives. 2 C.F.R. §170.320; see FEMA Information Bulletin 350.
1. Applicability and what to report: Sub-recipient shall report whether Sub-recipient received $25 million or more in Federal procurementcontracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub-recipient shall report whether 80% or more ofSub-recipient’s annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub-recipient answers“yes” to both questions, Sub-recipient shall report, along with Sub-recipient's DUNS number, the names and total compensation (see 17C.F.R. §229.402(c)(2)) for each of Sub-recipient’s five most highly compensated executives for the preceding completed fiscal year.
2. Where and when to report: Sub-recipient shall report executive total compensation at www.sam.gov, or other federally establishedreplacement site. By signing this Grant, Sub-recipient certifies that, if required, Sub-recipient's jurisdiction has already registered, enteredthe required information, and shall keep information in the SAM database current, and update the information at least annually for each yearuntil the later of when the jurisdiction submits its final financial report or receives final payment. Sub-recipient agrees that it shall not makeany subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number.
M. Direct Deposit. If Sub-recipient has not received HSGP or NSGP reimbursements from DPS/THSSAA within the past eleven (11)months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms fromSub-recipient shall be emailed to [email protected]. The email subject line and attachment name shall include the jurisdiction nameand identify the document attached (i.e. “Sample County DD form”). The direct deposit form is currently available at http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdf. Sub-recipient may simultaneously sign up for the Advance Payment Notification (APN) email feature which provides State of Texas payees with a one-business-day advance notice that a direct deposit payment hasbeen sent to its financial institution. After receiving an APN, a payee may securely access its payment details online.
N. Procurements. Sub-recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limitedto proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant inaccordance with 44 C.F.R. §13.36.
O. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 44C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds awarded under thisGrant, Sub-recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligibleor voluntarily excluded by any federal department and agency and shall confirm the vendor/subawardee does not have any active“Exclusions” by reviewing the vendor/subawardee entity information at https://www.sam.gov/portal/public/SAM/.
Q. Management and Administration. If this Grant includes a specific award of funds to Sub-recipient for management and administration(M&A), Sub-recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A,refer to Information Bulletin 365 located athttp://www.fema.gov/grants/grant-programs-directorate-information-bulletins.
R. Personnel Cap. Up to fifty percent (50%) of all HSGP awards received by Sub-recipient may be used for personnel andpersonnel-related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) ofHomeland Security Act (Public Law 110-412). In general, use of HSGP funding to pay for staff and/or contractor regular time or
overtime/backfill, among other items, are considered personnel-related costs. Sub-recipient may request a waiver to the 50% personnelcap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at [email protected]. Requests for waivers shall be submitted on official Sub-recipient letterhead and be signed by an authorized officialof Sub-recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379.
S. Property Management and Inventory. At least every two (2) years, Sub-recipient shall take a physical inventory and shall reconcile theresults with property records. Sub-recipient shall maintain property/inventory records which, at minimum, shall include a description of theproperty, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property,the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimatedisposition data including the date of disposal and sale price of the property. (See sample equipment inventory record format at http://www.txdps.state.tx.us/director_staff/saa/audit_and_compliance.htm ) Sub-recipient shall develop and implement a control system toprevent loss, damage or theft of property and Sub-recipient shall investigate and document any loss, damage or theft of property fundedunder this Grant.
T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine,journal, or trade paper, shall include the following statement: "This material is based upon work supported by the U.S. Department ofHomeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted asnecessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security."
U. Acknowledgement of Federal Funding from DHS. Sub-recipient shall comply with requirements to acknowledge use of Federal fundingwhen issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programsfunded in whole or in part with Federal funds.
V. Use of DHS, DPS, and DPS/THSSAA Seals and Non-Endorsement. Sub-recipient shall obtain DHS, DPS, or DPS/THSSAA’s priorwritten approval before using any of these agencies' seal(s), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, logos, crests, etc., including use of the UnitedStates Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials.
W. Copyright. Sub-recipient shall comply with requirements regarding publications or other exercise of copyright for any work firstproduced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled bythe Government (e.g., classified information or other information subject to national security or export control laws or regulations). For anyscientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published inacademic, technical or professional journals, symposia proceedings, or similar works, Sub-recipient grants the Government a royalty-free,nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and toauthorize others to do so, for Government purposes in all such copyrighted works. Sub-recipient shall affix the applicable copyright noticesof 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced underthis Grant.
Further, Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non-exclusive, and irrevocablelicense to reproduce, publish, or otherwise use, and authorize others to use, for government purposes: (1) the copyright in any workdeveloped under an award or sub-award; and (2) any rights of copyright to which a recipient or Sub-recipient purchases ownership withFederal support. Sub-recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or arepurchased with this funding.
X. Quarterly Performance Reports. Sub-recipient shall submit performance reports and progress reviews per DPS/THSSAA and/orFEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) calendarday after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required byDPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to informationrequests. Failure to timely complete a performance report will result in Sub-recipient being unable to request additionalreimbursements/advances and may affect future funding.
Y. Site Visits. DHS and/or DPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visitsto review project accomplishments and management control systems and to provide such technical assistance as may be required. If anysite visit is made by DHS on the premises of Sub-recipient or a contractor under this Grant, Sub-recipient shall provide and shall require itscontractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in theperformance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work.
Z. Limited English Proficiency (Civil Rights Act of 1964, Title VI). Sub-recipient shall comply with the Title VI of the Civil Rights Act of1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistancetake reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services.Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation andwritten translation. In order to facilitate compliance with Title VI, Sub-recipient is encouraged to consider the need for language services forLEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Personswith Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients of federal financial assistance,assisting such organizations and entities in understanding their language access obligations. DHS published the required guidance in April2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin DiscriminationAffecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides helpful information suchas how a recipient of federal financial assistance can determine the extent of its obligation to provide language services; selecting languageservices; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regardinglanguage access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limitedand additional resources on http://www.lep.gov.
AA. Protection of Human Subjects. Sub-recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46, whichrequires that Sub-recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Sub-recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior toimplementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, includingresearch, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definitionconstitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered researchfor other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates(Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local lawand is not directly regulated by 45 C.F.R. Part 46.
BB. National Flood Insurance Act of 1968. Sub-recipient shall comply with the requirements of Section 1306(c) of the National FloodInsurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation ofa structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate Stateor local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves orcurrents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63.
CC. USA Patriot Act of 2001. Sub-recipient shall comply with the requirements of the Uniting and Strengthening America by ProvidingAppropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§175-175c. Amongother things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity thatis not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictionson access to specified materials. “Restricted persons,” as defined by the Act, may not possess, ship, transport, or receive any biologicalagent or toxin that is listed as a select agent.
DD. Fly America Act of 1974. Sub-recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travelsupported by U.S. government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holdingcertificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, inaccordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and the interpretiveguidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General DecisionB138942.
EE. Activities Conducted Abroad. Sub-recipient shall comply with the requirements that project activities carried on outside the UnitedStates are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals areobtained.
FF. Trafficking Victims Protection Act of 2000. All recipients of financial assistance shall comply with the requirements of thegovernment-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register,Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding isprovided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agencyto terminate the award, without penalty, if the recipient or a sub-recipient: (a) engages in severe forms of trafficking in persons during theperiod of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect; or (c) usesforced labor in the performance of the award or subawards under the award.
DPS/THSSAA is authorized to terminate this Grant ,without penalty, if the above condition is violated. Sub-recipient shall include thiscondition in any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at 2 C.F.R. §175.15.
GG. Americans with Disabilities Act of 1990. Sub-recipient shall comply with the requirements of Titles I, II, and III of the Americans withDisabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and privatetransportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101-12213.
HH. Public Dissemination of Sensitive Information. Sub-recipient shall notify DPS/THSSAA of any workshops, conferences, seminars orother public venues at least one hundred (100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by Sub-recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review andprior written approval.
II. Security Concerns/Violations. Sub-recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar daysof Sub-recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information.In the event that sensitive information is divulged in violation of Sub-recipient's security procedures, Sub-recipient shall immediately notifythe DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action.
JJ. SAFECOM. Sub-recipient shall comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions ontechnical standards that ensure and enhance interoperable communications for awards under this Grant that provide emergencycommunication equipment and its related activities.
KK. Best Practices for Collection and Use of Personally Identifiable Information (PII).Sub-recipients who collect Personally IdentifiableInformation (PII) shall have a publically-available privacy policy that describes what PII it collects, how it uses the PII, whether it shares PIIwith third parties, and how individuals may have their PII corrected where appropriate. Sub-recipients may also find as a useful resource theDHS Privacy Impact Assessments: http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june2010.pdf and http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf .
LL. Hotel and Motel Fire Safety Act of 1990. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C.§2225(a), Sub-recipient shall ensure that all conference, meeting, convention, or training space funded in whole or in part with Federalfunds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225.
MM. False Claims Act and Program Fraud Civil Remedies. Sub-recipient shall comply with the requirements of 31 U.S.C. §3729 whichsets forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. §3801-3812 which details theadministrative remedies for false claims and statements made.
NN. Duplication of Benefits. State, Local and Tribal Sub-recipients shall comply with 2 C.F.R. Part §225, Appendix A, Paragraph (C)(3)(c),which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority maynot be charged to other Federal awards to overcome fund deficiencies.
OO. Debarment and Suspension. Sub-recipient shall comply with Executive Order 12549 and 12689, which provide protection againstwaste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
PP. Non-Supplanting Requirement. Sub-recipient shall not replace (supplant) funds that have been budgeted for the same purposethrough non-Federal sources for programs that prohibit supplanting by law. Where federal statutes for a particular program prohibitsupplanting, Sub-recipient may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasonsother than the receipt or expected receipt of Federal funds.
11. Other Requirements A. During the performance period of this Grant, Sub-recipient, counties, cities, towns, and Indian tribes shall maintain an EmergencyManagement Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency
Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of EmergencyManagement (TDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in aninter-jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in Sub-recipient’splan, Sub-recipient shall correct deficiencies within 60 calendar days of receiving notice of such deficiencies from TDEM.
B. Projects identified and approved in the DPS/THSSAA web-based grant management system must identify and relate to the goals andobjectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub-recipient shall submitproject plans, milestones, outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA (if required) for approval prior to expendingor requesting advances of any funds for this Grant. Sub-recipient shall enter appropriate project milestones into the DPS/THSSAAweb-based grants management system within 60 days after award or by the deadline established by DPS/THSSAA, whichever is sooner. Sub-recipient shall report on project status and accomplishments (milestones and outputs/outcomes) in the format(s) and timeframes asrequired by DPS/THSSAA.
C. During the performance period of this Grant, Sub-recipient shall:
1. Participate in a legally-adopted county and/or regional mutual aid agreement.
2. Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectivesoutlined by FEMA at http://www.fema.gov/national-incident-management-system.
3. Be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management systemspecified by DPS/THSSAA) and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers,equipment costing $5,000 or more, and specialized teams/response units equipped and/or trained using Grant funds (i.e., hazardousmaterial, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make Grantfunded resources available to other jurisdictions through mutual aid http://www.fema.gov/emergency/nims/ResourceMngmnt.shtm#item3.
12. MonitoringSub-recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that projectgoals, objectives, performance requirements, timelines, milestone completion, budget, and other program-related criteria are met.
DPS/THSSAA, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring ofSub-recipient's compliance with this Grant and of the adequacy and timeliness of Sub-recipient's performance pursuant to this Grant. Aftereach monitoring visit, DPS/THSSAA shall provide Sub-recipient with a written report of the monitor's findings. If the monitoring report notesdeficiencies in Sub-recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction ofsuch deficiencies by Sub-recipient. Failure by Sub-recipient to take action specified in the monitoring report may be cause for suspensionor termination of this Grant pursuant to the Suspension and/or Termination Section herein.
13. AuditA. Audit of Federal and State Funds. Sub-recipient shall arrange for the performance of an annual financial and compliance audit of fundsreceived and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A – 133; 44 C.F.R. 13.26).
B. Sub-recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards(UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. C. Right to Audit. Sub-recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the UnitedStates, the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to conduct a financialor compliance audit of Grant funds received and performances rendered under this Grant. Sub-recipient shall permit DPS/THSSAA or itsauthorized representative to audit Sub-recipient’s records. Sub-recipient shall provide any documents, materials or information necessary tofacilitate such audit.
D. Sub-recipient’s Liability for Disallowed Costs. Sub-recipient understands and agrees that it shall be liable to DPS/THSSAA for any costsdisallowed pursuant to any financial or compliance audit(s) of these funds. Sub-recipient further understands and agrees thatreimbursement to DPS/THSSAA of such disallowed costs shall be paid by Sub-recipient from funds that were not provided or otherwisemade available to Sub-recipient pursuant to this Grant or any other federal contract.
E. Sub-recipient’s Facilitation of Audit. Sub-recipient shall take such action to facilitate the performance of such audit(s) conducted pursuantto this Section as DPS/THSSAA may require of Sub-recipient. Sub-recipient shall ensure that this clause concerning the authority to auditfunds received indirectly by subcontractors through Sub-recipient and the requirement to cooperate is included in any subcontract it awards.
F. State Auditor’s Clause. Sub-recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of theState Auditor’s Office to conduct an audit or investigation in connection with those funds. Sub-recipient further agrees to cooperate fullywith the State Auditor’s Office in the conduct of the audit or investigation, including providing all records requested. Sub-recipient shallensure that this clause concerning the State Auditor’s Office’s authority to audit funds and the requirement to cooperate fully with the StateAuditor’s Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor’s Office shall at any time have accessto and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub-recipientrelating to this Grant.
14. Retention and Accessibility of RecordsA. Retention of Records. Sub-recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant’s fundspursuant to the applicable OMB Circular, 44 C.F.R. Section 13.42, UGMS §__.42, and this Grant. Sub-recipient shall retain these recordsand any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective,submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estateor equipment final disposition. The DHS or DPS/THSSAA may direct Sub-recipient to retain documents or to transfer certain records toDHS custody when DHS determines that the records possess long term retention value.
B. Access to Records. Sub-recipient shall give the United States Department of Homeland Security, the Comptroller General of the UnitedStates, the Texas State Auditor, DPS/THSSAA, or any of its duly authorized representatives, access to and the right to examine all books,accounts, records, reports, files, other papers, things or property belonging to or in use by Sub-recipient pertaining to this Grant includingrecords concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained bySub-recipient. Sub-recipient shall maintain such records in an accessible location and provide citizens reasonable access to such recordsconsistent with the Texas Public Information Act, Texas Government Code, Chapter 552.
C. Inclusion in Subcontracts. Sub-recipient shall include the substance of this in all subcontracts.
D. After Action Reporting. Sub-recipient shall complete, deliver to the appropriate source, and retain copies of all after-action reports andcertificates of completion for all training and exercises paid for by this Grant.
15. Legal AuthorityA. Signatory Authority. Sub-recipient assures and guarantees that Sub-recipient possesses the legal authority to enter into this Grant,receive Grant funds and to perform the project Sub-recipient has obligated itself to perform pursuant to this Grant.
B. Authorized Representative. The person or persons signing and executing this Grant on Sub-recipient’s behalf do warrant and guaranteethat he/she has been duly authorized by Sub-recipient to execute this Grant on Sub-recipient’s behalf and to validly and legally bindSub-recipient to all terms and conditions and performance obligations.
C. Conflicts in Requirements. If conflict exists between federal, state, or local requirements, Sub-recipient shall comply with the strictestrequirement.
16. Notice of Litigation and ClaimsSub-recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrativeagency, filed against Sub-recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub-recipientshall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub-recipient with respect to such action orclaim.
17. No Liability for Employees and OfficersDPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub-recipient,regardless of where the individual’s actions or omissions occurred.
18. Non-Waiver of DefaultsAny failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall notconstitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of same. Awaiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shallnot constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce itsrights, as such rights, powers, privileges, and remedies are specifically preserved.
19. Changes and AmendmentsA. Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made inwriting, any subsequent request for funds indicates Sub-recipient’s acceptance of the changes to this Grant. Any alteration, addition, ordeletion to this Grant by Sub-recipient is not valid.
B. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts,shall be made through an executed Grant Adjustment Notice (GAN).
C. Authority to Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serveto establish, interpret or clarify this Grant’s performance requirements. Such policy directives shall be promulgated by DPS/THSSAA orFEMA in the form of Information Bulletins and Sub-recipient Manuals and shall have the effect of modifying this Grant and shall be bindingupon Sub-recipient as if written in this Grant.
D. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes infederal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shallbecome effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes arenecessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions,Sub-recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicateSub-recipient’s acceptance of the changes to this Grant.
20. HeadingsHeadings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify theterms and conditions or be used to interpret or assist in the construction of this Grant.
21. VenueVenue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas.
22. SuspensionIn the event Sub-recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification to Sub-recipient, suspendthis Grant, in whole or in part, withhold payments to Sub-recipient and prohibit Sub-recipient from incurring additional obligations of thisGrant’s funds.
23. TerminationDPS/THSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, ifDPS/THSSAA determines that Sub-recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice ofthe termination and include:
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1. The reason(s) for such termination;
2. The effective date of such termination; and
3. In the case of partial termination, the portion of this Grant to be terminated.
Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety.
24. Enforcement If Sub-recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, anassurance, in a state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the followingactions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by Sub-recipient or more severe enforcement action byDPS/THSSAA or DHS;
2. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance;
3. Wholly or partially suspend or terminate this Grant for Sub-recipient’s program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
In taking an enforcement action, DPS/THSSAA will provide Sub-recipient an opportunity for a hearing, appeal, or other administrativeproceeding to which Sub-recipient is entitled under any statute or regulation applicable to the action involved.
The costs of Sub-recipient resulting from obligations incurred by Sub-recipient during a suspension or after termination of this Grant are notallowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. OtherSub-recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred by Sub-recipient before the effective date of suspension or termination,are not in anticipation of it, and in the case of a termination, are non-cancellable; and
2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which thetermination takes effects.
The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub-recipient from being subjectto “Debarment and Suspension” under E.O. 12549. 44 C.F.R. §13.35.
25. Conflict of InterestNo employee, officer or agent of Sub-recipient shall participate in the selection, or in the award or administration of a contract supported byFederal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety.
26. Closing of this GrantA. DPS/THSSAA will close a sub-award after receiving Sub-recipient’s final quarterly performance report indicating that all approved workhas been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, andreconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Sub-recipient is owedadditional funds, DPS/THSSAA will send the final payment automatically to Sub-recipient. If Sub-recipient did not use all the funds received,DPS/THSSAA will issue a GAN to recover the unused funds. Sub-recipient will return the funds to the DPS/THSSAA within 30 calendardays of receiving the GAN.
B. At the completion of Sub-recipient’s performance period, DPS/THSSAA will de-obligate all uncommitted / unexpended funds.
C. The closeout of this Grant does not affect:
1. DHS or DPS/THSSAA’s right to disallow costs and recover funds on the basis of a later audit or other review;
2. Sub-recipient’s obligation to return any funds due as a result of later refunds, corrections, or other transactions;
3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and
4. Any other provisions of this Grant that impose continuing obligations on Sub-recipient or that govern the rights and limitations of theparties to this Grant after the expiration or termination of this Grant.
Please fill in the appropriate information and certify by signing below that you have read,understood, and agree to the terms of this Grant. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________
_______________________________ ________________Signature of Authorized Official Date
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EXHIBIT AASSURANCES - NON-CONSTRUCTION PROGRAMS See Standard Form 424B
As the duly authorized representative of Sub-recipient, I certify that Sub-recipient:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including fundssufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described inthis Grant.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, ifappropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documentsrelated to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agencydirectives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance ofpersonal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for meritsystems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System ofPersonnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil RightsAct of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the EducationAmendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on thebasis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis ofhandicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis ofage; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drugabuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), asamended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of1912 (42 U.S.C. §§290dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII ofthe Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;(i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j) therequirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real PropertyAcquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property isacquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for projectpurposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities ofemployees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards forfederally-assisted construction sub-agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973(P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if thetotal cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental qualitycontrol measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and ExecutiveOrder (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protectionagainst natural disasters. To comply with NEPA for DHS grant-supported activities, DHS-FEMA requires the environmental aspects to bereviewed and evaluated before final action on the application (b) notification of violating facilities pursuant to EO 11738; (c) protection ofwetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of projectconsistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection ofand enhancement of the quality of the nation’s air resources to promote public health and welfare and for restoring and maintaining thechemical, physical, and biological integrity of the nation’s waters; (g) protection of underground sources of drinking water under the SafeDrinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of1973, as amended (P.L. 93- 205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potentialcomponents of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of humansubjects involved in research, development, and related activities supported by this Grant. “Research” “means a systematic investigation,including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive foradditional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children(Subpart D). See also state and local law for research using autopsy materials.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the
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15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires theminimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, orexhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and GovernmentPrinciples Regarding the Care and Use of Animals.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-basedpaint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policiesgoverning this Grant.
Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________
_______________________________ ________________Signature of Authorized Official Date
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EXHIBIT BASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D
As the duly authorized representative of Sub-recipient, I certify that Sub-recipient:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including fundssufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in thisGrant.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, ifappropriate, the State, the right to examine all records, books, papers, or documents related to this Grant and will establish a properaccounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities withoutpermission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in thetitle of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant.
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of constructionplans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete workconforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required bythe awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance ofpersonal or organizational conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of meritsystems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System ofPersonnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-basedpaint in construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Actof 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendmentsof 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex;(c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps;(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) theDrug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) theComprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating tonondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.§§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil RightsAct of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any othernondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the requirementsof any other nondiscrimination statue(s) which may apply to the agreement.
11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real PropertyAcquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property isacquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired forproject purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employeeswhose principal employment activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards forfederally-assisted construction sub-agreements.
14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost ofinsurable construction and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental qualitycontrol measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and ExecutiveOrder (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protectionagainst natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved Statemanagement program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the CleanAir Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality ofthe nation’s air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biologicalintegrity of the nation’s waters;(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, asamended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potentialcomponents of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
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17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policiesgoverning this Grant.
Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________
_______________________________ ________________Signature of Authorized Official Date
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Exhibit CCertifications
The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief.
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing orattempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employeeor a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of anyFederal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of anyFederal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting toinfluence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Memberof Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submitStandard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions.
C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for allsub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that allsub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placedwhen this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transactionimposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of notless than $10,000 and not more than $100,000 for each such failure.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participantsin primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510 (Federal Certification). The Sub-recipient certifies that itand its principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State orFederal court, or voluntarily excluded from covered transactions by any Federal department or agency. Sub-recipient can access debarmentinformation by going to www.sam.gov and the State Debarred Vendor Listhttp://www.window.state.tx.us/procurement/prog/vendor_performance/debarred.2. Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them forcommission 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) withcommission of any of the offenses enumerated in paragraph (D)(2) of this certification;4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated forcause or default; or5. Where Sub-recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant.(Federal Certification)
E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the samepurpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasonsother than the receipt or expected receipt of federal funds.
F. Sub-recipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and Sub-recipient will require suchcompliance in any sub-grants or contract at the next tier.
G. Sub-recipient will comply with the Drug-free Workplace Act, as amended, 412 U.S.C. §701 et seq. – which requires Sub-recipient topublish a statement about its drug-free workplace program and give a copy of the statement to each employee (including consultants andtemporary personnel) who will be involved in award-supported activities at any site where these activities will be carried out. Also, placeswhere work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. Sub-recipient willnotify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additionalinformation, see 44 C.F.R. Part 17. Sub-recipient shall comply with the requirements of the Drug-Free Workplace Act of 1988, whichrequires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace.
H. Sub-recipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, auditdisallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidance.
I. Sub-recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program andadministrative requirements, policies and any other requirements governing this Grant.
J. Sub-recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reductionof funds in this Grant.
Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________
_______________________________ ________________Signature of Authorized Official Date
As the duly authorized representative of Sub-recipient, I certify that Sub-recipient:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub-recipient’sgoverning body or of the Sub-recipient’s contractor shall vote or confirm the employment of any person related within the second degree ofaffinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employor supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for aperiod of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governingbody member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the Sub-recipient relative to a project will be available to thepublic during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmentalbodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child supportpayments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub-recipient isa health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by anotherhealth and human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant toChapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on LawEnforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub-recipientis a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the applicationpackage become terms or conditions for receipt of grant funds. Administering state agencies and sub-recipients shall maintain anappropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 foradditional guidance on contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local lawenforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub-recipient shall also ensure that allprogram personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil RightsAct of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the EducationAmendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and theAmericans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients fromdiscriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of publicaccommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C.§§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), asamended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse oralcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating toconfidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), asamended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specificstatute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s)which may apply to this Grant.
10. Shall comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards forfederally assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federallyassisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federalparticipation in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employeeswhose principal employment activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and theIntergovernmental Personnel Act of 1970, as applicable.
14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project arenot listed on the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of thereceipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project isunder consideration for listing by the EPA (EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for thereceipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by theSecretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
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16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental qualitycontrol measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification ofviolating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains inaccordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under theCoastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) ImplementationPlans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources ofdrinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under theEndangered Species Act of 1973, as amended (P.L. 93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potentialcomponents of the national wild and scenic rivers system.>
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, asamended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic PreservationAct of 1974 (16 U.S.C. §§469a-1 et seq.).
19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires theminimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, orexhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and GovernmentPrinciples Regarding the Care and Use of Animals.
20. Shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-basedpaint in construction or rehabilitation of residential structures.
21. Shall comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facilityused for the provision of services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governingthis program.
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined byany federal, state, or local governmental entity and it is not listed on a state or federal government’s terrorism watch list as described inExecutive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sam.gov/portal/public/SAM/.
25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health asrequired by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
Please fill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________
_______________________________ ________________Signature of Authorized Official Date
THRU: Randy McBroom, Ph.D., Planning and Development Department Director
FROM: Michael Schmitz, GIS and Planning Program Manager
DATE: October 8, 2014
RE: GIS Interlocal Renewal Agreements
RECOMMENDATION Approve the renewal of interlocal agreements between TCOG and Cooke County, Fannin County, City of Gunter, and the City of Van Alstyne for GIS services.
BACKGROUND The GIS (Geographic Information Systems) Program creates, analyzes and manages geographic datasets and applications. These datasets include political jurisdictions, transportation networks, emergency management and environmental resources. Local governments and citizens rely on maps and data created by the TCOG GIS Program to make well informed and often lifesaving decisions. The GIS Program helps promote geographic education in the region and provides a coordinating resource for GIS professionals in the region.
DISCUSSION The Counties of Cooke and Fannin and the Cities of Gunter and Van Alstyne have requested the TCOG GIS Program provide GIS services for their respective organizations. Cooke and Fannin Counties and the City of Gunter are receiving Addressing service for one year. The City of Van Alstyne is receiving Addressing, Data Development, Data Maintenance, Pictometry online and online custom Flex MapViewer services for one year.
BUDGET Cooke County will reimburse the GIS Program $23,000 for one year of service; Fannin County will reimburse the GIS Program $23,000 for one year of service; The City of Gunter will reimburse the GIS Program $2,000 for one year of service; and The City of Van Alstyne will reimburse the GIS Program $12,000 for one year of service, totaling $60,000.
APPROVAL
_________________________ Stacee L. Sloan, Finance Director
_________________________ Susan B. Thomas, PhD, Executive Director
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INTERLOCAL AGREEMENT
BETWEEN the TEXOMA COUNCIL OF GOVERNMENTS
and COOKE COUNTY
SECTION I. PURPOSE
The purpose of this Agreement is to allow Texoma Council of Governments to provide GIS Services as described in
the Scope of Work below.
SECTION II. SCOPE OF WORK (DELIVERABLES)
The Texoma Council of Governments GIS Program agrees to perform the following GIS Service levels: Addressing
1. Addressing: Update existing GIS data in either shapefile, .mdb, or .gdb format to reflect any changes in
the following datasets:
a. Address points
b. Roads
c. Driveways
d. ESN
e. Fire Districts
f. Fire Stations
g. EMS Districts
SECTION III. PERFORMANCE AGREEMENT
The Texoma Council of Governments GIS Program agrees to perform the following tasks:
1. The TCOG GIS Program will perform quality control measures to identify errors in these datasets.
2. Resolve errors with regard to the above datasets as identified by the client or through the quality control
process.
3. TCOG will create unlimited new datasets when deliverable 2: Data Development is contracted.
4. TCOG will update no more than 25% of the features in the feature layer of existing dataset unless updates
are automated using the batch processing of multiple features simultaneously.
5. TCOG will provide up to 25 printed maps without fee. Additional maps can be requested and purchased
according to the fee schedule on the GIS webpage.
6. TCOG GIS Program Staff will notify the 9-1-1 address applicant and the Post Office of the new address.
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Cooke County agrees to perform the following tasks:
1. Communicate all Resolutions, Ordinances, and/or Subdivision Regulations affecting GIS datasets listed in
SECTION II.1. of this agreement.
2. Cooke County designates_____________________ as the point of contact to handle all GIS requests that
need to be made to the Texoma Council of Governments GIS Program on behalf of Cooke County.
3. Provide notification and information to Texoma Council of Governments GIS Program necessary for
resolution of errors in the datasets listed in SECTION II.1. of this agreement.
4. Ownership, Transference, and Appropriate Use
a. All data maintained pursuant to this contract will be made available to both the client and
Texoma Council of Governments, and may be used by both parties, during and after the term of
this contract for the purposes for which it was developed.
b. The data is for informational purposes and may not have been prepared for or be suitable for
legal, engineering, or surveying purposes, and are intended for general information purposes. It
does not represent an on-the-ground survey and represents only approximate relative location
of. All data is believed to be accurate but accuracy is not warranted.
SECTION IV. CONSIDERATION
In consideration of the services provided by Texoma Council of Governments and described herein, Cooke County
agrees to compensate Texoma Council of Governments for the services rendered in the amount of $23,000.
SECTION V. EFFECTIVE DATE
This agreement is effective October 1, 2014 through September 30, 2015 unless terminated in accordance with
Section VI, Termination, below. Renewal or extension of this agreement beyond the effective period requires
signatures by both parties.
SECTION VI. TERMINATION
This agreement may be terminated by either party with thirty (30) days written notice from one to the other, or by
FROM: Brenda Smith, Energy Services Program Manager
DATE: October 10, 2014
RE: Community Services Block Grant (CSBG) 2015 Plan
RECOMMENDATION Authorize submission of the FY 2015 CSBG plan to the Texas Department of Housing and Community Affairs (TDHCA). BACKGROUND The CSBG program provides support for a range of services and activities which address the causes of poverty. TCOG provides services and activities addressing employment, education, better use of available income, housing, nutrition, emergency services and/or health issues. DISCUSSION TCOG will utilize CSBG funds for staff support as well as activities such as utility assistance and case management. In 2013, eighteen families received assistance in pursuing vocational training or continued their education, and over 1285 families received assistance with utility payments. Year-to-date we have served thirteen families with case management, plus eighteen families through our partnership with the Section 8 Family Self-Sufficiency program. A public meeting will be held on the use of these funds, and the Texoma Community Services Advisory Committee will meet to provide review of the proposed budget and use of funds.
BUDGET These funds are awarded on a calendar year basis. The FY 2015 award is anticipated to be $210,322 which represents an 8.5 % decrease to the initial 2014 allocation of $229,860.
APPROVAL
_________________________ Stacee L. Sloan, Finance Director
_________________________ Susan B. Thomas, PhD, Executive Director
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Texas Department of Housing & Community Affairs Community Services Block Grant 2015
Preliminary Allocation for Texoma COG: $210,322
BUDGET CATEGORIES
Preliminary Allocation
Personnel 87,813
Fringe Benefits 27,480
Travel 8,760
Supplies 11,498
Equipment 4,900
Contractual 0
DIRECT SERVICES TO CLIENTS 27,200
Indirect Costs 42,671
TOTAL: $210,322
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LINKAGES AND FUNDING COORDINATION, GAPS IN SERVICES, AND INITIATIVES
4. INITIATIVES
Describe the use of CSBG funds to “support innovative community and neighborhood-based initiatives related to the purposes of CSBG, which may include fatherhood initiatives and other initiatives with the goal of strengthening families and encouraging effective parenting.” Support means that either CSBG funds can directly fund such an initiative or support an organization that provides such. If CSBG funds do not currently support initiatives to strengthen families or encourage effective parenting, describe efforts that will be undertaken in the upcoming program year to either provide or support such efforts. Note: The CSBG Act, Sec. 676 (b)(3)(D) requires CSBG funds be used for this purpose and that such efforts be described. Asset Poverty Research (and Grant Development) This project will collect data to establish a baseline of "asset poverty" in the Texoma Region. These data will be used to support programs and policy development at TCOG, as well as provide the case that asset poverty exists, to some degree, in the three- county region. Results of the study will be used in grant development, which will include amelioration projects. This project will have a strong GIS component, especially to map the hypothesized "pockets of asset poverty." On-going Strategic/Vision/Marketing Planning for the Texoma Region Planning & Development has begun a strong presence in the Texoma region providing strategic planning, vision planning, and marketing planning for cities, communities, and educational institutions. This planning presence has the potential to address the needs identified in the previous needs assessment and the community action plan. The improvement of communities and small cities leads to support for stronger families and the planning leads to neighborhood-based initiatives. Regional and Community Brownfields Assessment Planning & Mapping Planning & Development has begun working with local cities and the EPA in the development of grants to provide regional brownfields planning. These grants, along with the EPA Regional Brownfields Grant TCOG will pursue, will allow cities and communities in the region to assess possible brownfield (contaminated) sites, and begin planning for containment and cleanup of these sites. These projects allow for improvement in the quality of life for citizens of these areas, often the poorest and most vulnerable. A strong GIS presence is necessary for these projects. 2016-2020 Community Needs Assessment Planning & Development will take the lead in conducting and producing the 2016-2020 Community Needs Assessment as required by the CSBG grant. Planning &Development resources for this will include components of the Director's time, components of the Community & Economic Development Planner's time, and GIS resources, including mapping, analysis, software and hardware.
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TO: TCOG Governing Board
THRU: Randy McBroom, Ph.D., Planning and Development Department Director
FROM: Michael Schmitz, GIS and Planning Program Manager
DATE: October 8, 2014
RE: GIS Interlocal Agreement for City of Tioga
RECOMMENDATION Approve interlocal agreement with the City of Tioga for GIS services.
BACKGROUND The GIS (Geographic Information Systems) Program creates, analyzes and manages geographic datasets and applications. These datasets include political jurisdictions, transportation networks, emergency management and environmental resources. Local governments and citizens rely on maps and data created by the TCOG GIS Program to make well informed and often lifesaving decisions. The GIS Program helps promote geographic education in the region and provides a coordinating resource for GIS professionals in the region.
DISCUSSION The City of Tioga is receiving Data Development and Data Maintenance services for a period of one year. Initial projects include: ETJ, Sex Offender, Water, Sewer and Zoning maps.
BUDGET The City of Tioga will reimburse the GIS Program $1,200 for one year of service.
APPROVAL
_________________________ Stacee L. Sloan, Finance Director
_________________________ Susan B. Thomas, PhD, Executive Director
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INTERLOCAL AGREEMENT
BETWEEN the TEXOMA COUNCIL OF GOVERNMENTS
and CITY OF TIOGA
SECTION I. PURPOSE
The purpose of this Agreement is to allow Texoma Council of Governments to provide GIS Services as described in
the Scope of Work below.
SECTION II. SCOPE OF WORK (DELIVERABLES)
The Texoma Council of Governments GIS Program agrees to perform the following GIS Service levels: Data
Development and Data Maintenance.
1. Data Development: The Texoma Council of Governments GIS program will perform the data development
tasks below.
a. Database Design ( Design and implementation of new databases into current database
infrastructure)
b. Data Development (Unlimited development of new data)
c. X Y Plotting or Geocoding addresses (Geocoding of addresses when in Microsoft excel format)
d. GPS collection (Field collection of data when necessary to complete project)
e. GIS training (Limited to 16 on-site hours for duration of contract)
f. Map updates (Monthly updates, if client has ArcGIS)
2. Data Maintenance and Consulting:
a. Maintain existing datasets
b. QA/QC of all data to maintain integrity
c. Provide access to current database (Via FTP or Online services)
d. Provide consulting for GIS based decisions regarding technical matters (Limited to 24 hours for
duration of contract)
SECTION III. PERFORMANCE AGREEMENT
The Texoma Council of Governments GIS Program agrees to perform the following tasks:
1. The TCOG GIS Program will perform quality control measures to identify errors in these datasets.
2. Resolve errors with regard to the above datasets as identified by the client or through the quality control
process.
3. TCOG will create unlimited new datasets when deliverable 2: Data Development is contracted.
4. TCOG will update no more than 25% of the features in the feature layer of existing dataset unless updates
are automated using the batch processing of multiple features simultaneously.
5. TCOG will provide up to 25 printed maps without fee. Additional maps can be requested and purchased
according to the fee schedule on the GIS webpage.
City of Tioga agrees to perform the following tasks:
THRU: Dr. Randy McBroom, Planning & Development Director (must initial)
FROM: CJ Durbin-Higgins, Public Safety Program Manager
DATE: October 3, 2014
RE: Office of the Governor, Criminal Justice Division Interlocal Agreement
RECOMMENDATION Accept the FY2015 Interlocal Agreement between the Office of the Governor, Criminal Justice Division and the Texoma Council of Governments.
BACKGROUND Working with the 25 member CJAC, TCOG’s Criminal Justice Program promotes and helps to develop coordinated, collaborative prevention and justice-oriented initiatives across Texoma. Partners on these projects include grantees, volunteers, community-based organizations, faith-based organizations, government agencies, the private sector and others. Through a contract with the Criminal Justice Division of the Office of the Governor, TCOG administers the local process for grant distribution to the region. Over the years, this program has directed millions of dollars into area criminal justice systems for improvements.
DISCUSSION The purpose of the attached agreement is for the Criminal Justice Division [“CJD”] to fund planning and intergovernmental services performed by TCOG specific to grants awarded by CJD within the Texoma tri-county geographic region. In consideration of these services, CJD agrees to compensate TCOG in the amount of $59,436.
BUDGET The FY2015 Interlocal Agreement reflects a reduction in funding in the amount of $60 from the previous year, FY2014 Interlocal Agreement.
APPROVAL
_________________________ Stacee L. Sloan, Finance Director
_________________________ Susan B. Thomas, PhD, Executive Director
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INTERLOCAL COOPERATION AGREEMENT
BETWEEN
THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION
AND
THE TEXOMA COUNCIL OF GOVERNMENTS
This Interlocal Cooperation Agreement (“Agreement”) is entered into pursuant to the provisions of Texas Government Code, Section 791.011, and Texas Local Government Code, Section 391.011(c).
SECTION I. CONTRACTING PARTIES
The contracting parties are the Criminal Justice Division, Office of the Governor, State of Texas (“CJD”), and the Texoma Council of Governments (“COG”).
SECTION II. COG RESPONSIBILITIES
A. The COG shall provide the services outlined in this Agreement to current and potential CJD applicants and grantees in Cooke, Fannin and Grayson counties (“the COG’s Region”).
B. Local Policies or Bylaws
1. The COG shall ensure that written policies or bylaws concerning the COG’s duties under this Agreement are developed and adopted by the COG’s governing body in accordance with applicable laws and regulations. Governing policies must include guidance concerning the following:
a. Notification of potential applicants regarding grant application submission deadlines;
b. Attendance requirements for prioritization meetings;
c. Prioritization of grant applications;
d. COG governing body’s review and approval process;
e. Notification of applicants regarding funding decisions;
f. COG’s strategic vision related to criminal justice issues;
g. Conflicts of interest;
h. Compliance with the requirements described in Texas Government Code, Chapter 551 (Texas Open Meetings Act);
i. Local funding recommendation limitations, including but not limited to minimum or maximum application requested amounts, competition cycles, or decreasing fund ratios, if applicable; and
j. Grant application workshop attendance requirements.
2. The COG shall inform current grantees and other requestors of the availability of relevant COG policies and bylaws, and shall provide such policies and bylaws to current grantees and other requestors upon request.
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3. No later than November 3, 2014, the COG shall upload into CJD’s eGrants website, located at https://cjdonline.governor.state.tx.us, a copy of the COG’s current written policies and bylaws referred to in Section II, Subsection B, Paragraph 1 of this Agreement.
C. Notification of the Availability of Funding
1. The COG shall notify current grantees and other requestors in the COG’s Region regarding the availability of current CJD grant applications for the following funding opportunities:
a. General Victim Assistance – Direct Services Programs;
b. Violent Crimes Against Women Criminal Justice and Training Projects – Domestic Violence, Sexual Assault, Dating Violence, and Stalking;
c. Criminal Justice Programs; and
d. General Juvenile Justice and Delinquency Prevention Programs.
2. The notifications must include the following:
a. Name of the funding opportunity;
b. Instructions for viewing the Request for Applications posted on CJD’s eGrants website;
c. CJD’s eGrants website address: https://cjdonline.governor.state.tx.us; and
d. Due dates for the submission of applications for the funding opportunities listed in Section II, Subsection C, Paragraph 1 of this Agreement.
3. No later than January 5, 2015, the COG shall upload into CJD’s eGrants website a list of the individuals and agencies notified about the funding opportunities listed in Section II, Subsection C, Paragraph 1 of this Agreement, which includes the name and contact information for each person notified.
D. Grant Application Workshops
1. The COG shall create and conduct grant application workshops to provide technical assistance to potential applicants in the COG’s Region for the funding opportunities listed in Section II, Subsection C, Paragraph 1 of this Agreement. Application workshops must include the following:
a. Who can apply and what activities are eligible under each funding opportunity;
b. Requirements for project problem statements with supporting data, goal statement, project activity explanations, current and target output and outcome measures, and budget categories and line items;
c. The project period for each funding opportunity as stated in the Request for Application issued by CJD;
d. Applicable rules, regulations and certifications required for each funding opportunity;
e. Any prohibitions stated in the Request for Applications issued by CJD;
f. Civil rights rules related to applicant employees and projects or activities;
g. State strategies or funding preferences identified by CJD;
h. Priorities identified in the COG’s strategic plan related to criminal justice issues;
i. Local policies and procedures that affect the COG’s prioritization process;
j. Due dates for applicants to submit and certify applications for the funding opportunities;
2. No later than March 2, 2015, the COG shall upload into CJD’s eGrants website:
a. All application workshop materials, including presentations, workbooks, handouts, or any other documents provided to workshop participants; and
b. A list of grant application workshops held which includes the name of each attendee present at such workshops, the organization represented by each attendee, and the address and telephone number of each attendee.
E. Oversight of the Criminal Justice Advisory Committee (“CJAC”)
1. The COG shall ensure that the CJAC has a multi-disciplinary representation of members from the COG’s Region. The CJAC’s membership must include individuals from the following groups or disciplines: citizens or parents, substance abuse prevention, education, juvenile justice, law enforcement, mental health, nonprofit organizations, prosecution or courts, and victim services. No single group or discipline may constitute more than one-third (1/3) of the CJAC.
2. No later than May 15, 2015, the COG shall upload into CJD’s eGrants website a list with the following information:
a. The funding opportunities scored and voted on during the CJAC meeting;
b. A complete list of the members of the CJAC and the group or discipline that each member represents (i.e., citizens or parents, substance abuse prevention, education, juvenile justice, law enforcement, mental health, nonprofit organizations, prosecution or courts, and victim services);
c. All members of the CJAC who attended the CJAC meeting;
d. All members of the CJAC who abstained from scoring and voting pursuant to Section II, Subsection E, Paragraph 3 of this Agreement, and the funding opportunity affected; and
e. All members of the CJAC who participated in the scoring and voting for each funding opportunity considered during the CJAC meeting.
3. The COG shall ensure that members of the COG’s governing body, the CJAC, and COG staff abstain from scoring and voting on any grant application, other than a grant application submitted by a COG, during the prioritization process if the member or an individual related to the member within the third degree by consanguinity or within the second degree by affinity:
a. Is employed by the applicant agency and works for the unit or division that would administer the grant, if awarded;
b. Serves on any board that oversees the unit or division that would administer the grant, if awarded;
c. Owns or controls any interest in a business entity or other non-governmental organization that benefits, directly or indirectly, from activities with the applicant agency;
d. Receives any funds from the applicant agency as a result of the grant, if awarded; or
e. Uses or receives a substantial amount of tangible goods, services, or funds from the applicant agency.
If a member must abstain from scoring and voting on any grant application, the member must also abstain from scoring and voting on any competing grant applications within that funding opportunity during the prioritization process.
4. The COG shall document all CJAC proceedings related to CJD business by recording the CJAC proceedings or by preparing written minutes of the CJAC proceedings. If written minutes are prepared, the written minutes must be certified with the signature of a CJAC member who was in attendance at the meeting and was not disqualified from voting by Section II, Subsection E, Paragraph 3 of this Agreement.
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5. The COG shall ensure that all COG governing board meetings and CJAC meetings at which CJD-related matters are discussed comply with the requirements listed in Texas Government Code, Chapter 551 (Texas Open Meetings Act).
F. Strategic Planning
1. The COG shall create a new strategic plan for prioritizing the criminal justice needs in the COG’s Region. The criminal justice needs relevant to this plan include, but are not limited to, criminal justice system improvements, juvenile justice system improvements, direct victim services, and mental health/substance abuse treatment.
2. The strategic plan must describe the following:
a. How local communities are engaged in the planning process;
b. The data used to support the plan;
c. The stakeholders participating in the planning process;
d. The gaps in resources for criminal justice needs;
e. The criminal justice priorities identified during the planning process; and
f. How the plan will be used by the CJAC during the prioritization process.
3. The plan must also include an executive summary, not to exceed two (2) pages, written for a general public audience that describes the following:
a. The strategic planning process; and
b. The top five (5) priorities for each of the following criminal justice needs:
i. Criminal justice system improvements;
ii. Juvenile justice system improvements;
iii. Direct victim services; and
iv. Mental health/substance abuse treatment.
4. No later than March 2, 2015, the COG upload the new strategic plan and executive summary into CJD’s eGrants website.
G. Application Prioritization Process
1. The COG shall implement the scoring instrument developed by CJD, and ensure the CJAC members reviewing applications prioritize the applications using this scoring instrument to record and tabulate application scoring.
2. The COG shall provide current grantees and other requestors with copies of scoring instruments, the criteria used in scoring grant applications, and other relevant materials upon request.
3. Prior to the scoring of grant applications by the CJAC, the COG shall contact applicants that are shown on CJD’s vendor hold list and inform them that the hold could jeopardize payments to the CJD-funded grant projects and their ability to receive new grant funding from CJD. The COG shall provide the CJAC with a list of grantees that were contacted and the reason those grantees were shown on the vendor hold list. The scoring instrument will deduct points from a grant application that is shown on CJD’s vendor hold list any time during the last two plan years, and the point deduction will be incorporated into the final score for each effected application. Each application receiving a reduced score based on the vendor hold point deduction must be noted on the final prioritization list submitted to CJD. A grant application may be disqualified by CJD from the grant application process if an applicant is on vendor hold at the time funding decisions are finalized.
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4. The COG shall ensure that the CJAC prioritizes grant applications under the funding opportunities listed in Section II, Subsection C, Paragraph 1 of this Agreement.
5. The COG shall ensure that the COG’s governing body reviews and approves priority listings under the funding opportunities listed in Section II, Subsection C, Paragraph 1 of this Agreement in compliance with the applicable provisions of Texas Administrative Code, Title 1, Part 1, Chapter 3.
6. The COG shall tabulate scores and compile accurate priority listings for submission to CJD using a format provided by CJD. In the event of a tie, the COG is responsible for breaking all ties.
7. The COG shall ensure that funding recommendations on grant applications are based upon:
a. Any state strategies identified by CJD;
b. Criminal justice priorities identified in the COG’s strategic plan;
c. The eligibility, reasonableness, and cost-effectiveness of the proposed project; and
d. Current COG policies and bylaws.
8. The COG shall notify all applicants of the approved priorities in writing within ten (10) calendar days of its decisions. The notice must state: “Pursuant to the provisions of the Texas Administrative Code, after the CJAC prioritizes the grant applications and the COG’s governing body approves the priority listing, the COG submits the written priority listing to CJD. Based upon the COG’s priority listing, CJD will verify the eligibility, reasonableness and cost-effectiveness strategy of the proposed project, and the availability of funding, and will render final funding decisions on these grant applications. The COG will notify grantees of any changes in the funding recommendations.”
9. No later than May 1, 2015, the COG shall submit, through CJD’s eGrants website, the approved priority listings for the funding opportunities listed in Section II, Subsection C, Paragraph 1of this Agreement.
10. The priority listing is the sole means of communicating COG grant allocation recommendations from the COG to CJD. The priority listing is one element upon which CJD bases funding decisions. The COG is responsible for ensuring the appropriateness and accuracy of the priority listing, and for correcting any inaccuracies or errors that occur on the priority listing prior to submission to CJD.
H. Cooperation with CJD.
1. The COG shall ensure that all personnel who work on CJD business are qualified by their education, training, and experience to fulfill the responsibilities of the position for which they are employed.
2. The COG shall provide sufficient personnel, equipment, materials, supplies, and facilities to perform the duties and responsibilities listed in this Agreement, and to support the CJAC and their meetings related to CJD business.
3. The COG shall inform grantees and applicants that technical assistance, to include but not limited to assistance with grant applications and vendor hold notification, is available through the COG and shall provide technical assistance to grantees and applicants upon request.
4. The COG shall prepare and submit all forms, reports, and records required by CJD in accordance with CJD-established deadlines.
5. The COG shall notify CJD of any Public Information Act or media request received by the COG relating to any application for CJD funding or CJD-funded grant program no later than one (1) business day after receiving the request. The notification shall include the name of the requestor, the date the request was received by the COG, and a description of the information requested.
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6. The COG shall notify CJD as to its response to any Public Information Act or media request received by the COG relating to any application for CJD funding or CJD-funded grant program no later than one (1) business day after providing its response to a requestor. The notification shall include a description of the response (or a copy of the response, if the request was made to the requestor in writing), any responsive documents, the date the response was provided to the requestor, and the name of the COG staff person who responded to the request.
7. The COG shall fully cooperate with CJD, its authorized representatives, and CJD-designated contractors.
I. Quarterly Reports
1. The COG shall submit quarterly reports to Texas A&M University’s Public Policy Research Institute (“PPRI”) as follows:
a. No later than December 15, 2014, a quarterly report covering the reporting period of September 1, 2014, through November 30, 2014, shall be submitted electronically to PPRI;
b. No later than March 13, 2015, a quarterly report covering the reporting period of December 1, 2014, through February 28, 2015, shall be submitted electronically to PPRI;
c. No later than June 15, 2015, a quarterly report covering the reporting period of March 1, 2015, through May 31, 2015, shall be submitted electronically to PPRI; and
d. No later than September 15, 2015, a quarterly report covering the reporting period of June 1, 2015, through August 31, 2015, shall be submitted electronically to PPRI.
2. Each quarterly report shall include the following information:
a. The number of current and potential grantees notified of CJD funding opportunities by the COG. Notification of available grant funding opportunities to current grantees and other requestors in the COG’s Region are limited to the funding opportunities listed in Section II, Subsection C, Paragraph 1 of this Agreement.
b. The number and purpose of CJAC meetings held at which business relating to the services listed in this Agreement was conducted;
c. The number of grant application workshops conducted and the number of attendees at such workshops;
d. The number of times the COG provided technical assistance to new applicants;
e. The number of times the COG provided technical assistance to continuation applicants;
f. The number of times the COG provided technical assistance to grantee organizations placed on CJD’s vendor hold list; and
g. The number of Public Information Act requests or requests from the media;
h. The number of strategic planning meetings conducted and the number of attendees at such meetings; and
i. Any other information requested by CJD regarding the services provided under the terms of this Agreement.
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J. Training
1. The COG shall ensure that COG employees who work on CJD business have a working knowledge of Texas Administrative Code, Title 1, Part 1, Chapter 3; CJD’s Guide to Grants; and the state and federal statutes, rules, regulations, documents, and forms applicable to the funding opportunities listed in Section II, Subsection C, Paragraph 1 of this Agreement.
2. The COG shall ensure that one employee who works on CJD business attends and participates in mandatory training workshops, meetings, webinars and conference calls sponsored by CJD. The Executive Director of CJD or an authorized representative may waive this requirement upon receipt of a written request from the Executive Director of the COG.
K. Vacancies
The COG shall notify CJD of a vacancy involving any staff position that provides services under this Agreement within fourteen (14) calendar days of the vacancy. The COG shall also notify CJD when a replacement is hired to fill a vacancy involving any staff position that provides services under this Agreement within fourteen (14) calendar days of the replacement.
L. Accounting Systems
The COG shall have an accounting system that accounts for costs in accordance with generally accepted accounting standards or principles. The COG must propose and account for costs in a manner consistent with such standards or principles.
M. Access to Records, Records Retention
1. The COG shall maintain adequate record-keeping procedures and shall retain all documents and working papers stored on paper, electronic, or other media (“Records”) related to the services and requirements identified in this Agreement.
2. The COG agrees to follow all legal requirements for maintaining the confidentiality and security of all Records.
3. The COG shall provide originals or copies of all Records to CJD upon the request of CJD. The COG shall permit CJD or its designee to audit and inspect Records related to this Agreement at any time. The COG shall provide reasonable access to all Records required to accomplish a CJD review of activities, services, expenditures, and the accuracy of reviews and reports. The COG shall also provide reasonable access to its employees by CJD or other designated representatives of the Office of the Governor. Access to Records is not limited to the required retention periods. CJD and any of its authorized representatives shall have access to any and all Records, for any reason, upon request for as long as the records are maintained.
4. The COG shall retain the Records for a period of three (3) years after the final payment by CJD under the terms of this Agreement with the following qualification: if any audit, claim, or litigation is initiated before the expiration of the three-year period, the Records shall be retained until the audit, claim, or litigation is resolved or until the end of the regular three-year period, whichever is later. At the end of the three-year period, the COG shall request disposition instructions for the Records from CJD, and shall dispose of the Records in accordance with CJD’s instructions.
5. Audits conducted pursuant to this subsection shall be in accordance with generally accepted auditing standards and established procedures and guidelines for the review or audit of an agency.
6. Where the audit concerns the COG, the auditing entity will afford the COG an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties.
7. CJD reserves the right to require the reimbursement of any over-payments determined as a result of any audit or inspection of Records kept by the COG on work performed under this Agreement.
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8. The COG shall ensure that the requirements listed in Section II, Subsection M, Paragraphs 1-4 of this Agreement are included in any subcontract it awards.
SECTION III. CJD RESPONSIBILITIES
A. Upon receipt of an invoice, CJD shall reimburse the COG for services provided in accordance with this Agreement.
B. CJD or its designee shall provide training and technical assistance to the COG, as may be necessary, regarding the services required to be performed under this Agreement.
C. CJD shall review and act upon submissions by the COG requiring CJD actions.
D. CJD shall verify the eligibility, reasonableness, and cost-effectiveness of proposed projects, and the availability of funding, and will render final funding decisions.
E. CJD shall provide award documentation to each grantee that is awarded a grant by CJD.
F. CJD shall notify the COG when grant funds are awarded by CJD to a grantee in the COG’s Region under the funding opportunities listed in Section II, Subsection C, Paragraph 1 of this Agreement.
G. CJD shall notify the COG when grant funds of a grant organization in the COG’s Region are placed on hold.
H. Upon determining the eligibility status for each grant application under the funding opportunities listed in Section II, Subsection C, Paragraph 1 of this Agreement from an applicant in the COG’s Region, CJD shall make the grant application available for the COG to review through CJD’s eGrants website.
SECTION IV. AGREEMENT AMOUNT
A. In consideration of the services provided by the COG, CJD agrees to compensate the COG for the services rendered at a rate of One Thousand Ninety-Three and 75/100 Dollars ($1,093.75) per month for the months of September, 2014, through August, 2015.
B. In consideration of the services provided by the COG, CJD agrees to further compensate the COG for the services rendered as follows:
1. At a rate of Six Thousand and No/100 Dollars ($6,000.00) upon submission to CJD of the information required by Section II, Subsection C, Paragraph 3 of this Agreement;
2. At a rate of Three Thousand and No/100 Dollars ($3,000.00) upon submission to CJD of the information required by Section II, Subsection D, Paragraph 2 of this Agreement;
3. At a rate of One Thousand Three Hundred Seventy-Five and No/100 Dollars ($1,375.00) upon submission to CJD of the information required by Section II, Subsection E, Paragraph 2 of this Agreement;
4. At a rate of Eighteen Thousand Six Hundred Sixty and No/100 Dollars ($18,660.00) upon submission to CJD of the information required by Section II, Subsection F, Paragraph 4 of this Agreement;
5. At a rate of Thirteen Thousand and No/100 Dollars ($13,000.00) upon submission to CJD of the information required by Section II, Subsection G, Paragraph 9 of this Agreement;
6. At a rate of Five Hundred and No/100 Dollars ($500.00) upon submission to CJD of each Quarterly Report listed in Section II, Subsection I, Paragraph 1 of this Agreement; however, the total amount paid to the COG under this paragraph shall not exceed Two Thousand and No/100 Dollars ($2,000.00); and
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7. At a rate of Two Thousand Two Hundred Seventy-Six and No/100 Dollars ($2,276.00) upon completion of mandatory training events as required by Section II, Subsection J, Paragraph 2 of this Agreement. The total amount paid to the COG under this paragraph shall not exceed Two Thousand Two Hundred Seventy-Six and No/100 Dollars ($2,276.00).
C. The total payment for the services provided by the COG under this Agreement shall not exceed Fifty-Nine Thousand Four Hundred Thirty-Six and No/100 Dollars ($59,436.00).
SECTION V. PAYMENTS
A. The COG shall submit an invoice on a monthly basis, detailing the services provided, the provisions of this Agreement to which the services relate, and the amount billed to:
By Mail: By Hand Delivery: Office of the Governor Office of the Governor Financial Services Financial Services P.O. Box 12878 1100 San Jacinto, 3rd Floor Austin, Texas 78711-2878 Austin, Texas 78701
C. Final Payment shall be made upon the satisfactory completion of the deliverables and services provided by the COG under this Agreement.
D. Comptroller rules for payment to vendors govern CJD’s ability to respond to invoices. The Comptroller requires agencies to enter a due date for payments. Due date is interpreted based on the definition of an overdue payment as established in Texas Government Code, Section 2251.021. Due date is interpreted to be the 30th day after the later of:
1. The date goods are received;
2. The date the performance of service is completed; or
3. The date an invoice for goods or services is received.
Payment shall be scheduled to be generated on this due date. Typically, then, contracted services are paid thirty (30) days after receipt of the invoice for the previous month's services. A vendor's offer of a discount which is greater than the interest that would be earned by following scheduling requirements is a justification for earlier payment.
E. If the Executive Director of CJD determines that the COG has failed to comply with the requirements of this Agreement, CJD may withhold a portion of one or more monthly payments specified in Section IV, Subsection A of this Agreement in an amount to be determined by the Executive Director of CJD or may terminate this Agreement. Variations from the monthly payments shall be subject to the prior written approval of the Executive Director of CJD. The COG may recoup withheld payments if the Executive Director of CJD, in his sole discretion, subsequently determines that appropriate corrective measures have been taken by the COG.
F. The payments specified in Section IV, Subsection B of this Agreement shall not be paid by CJD until the applicable information is submitted by the COG to CJD.
G. Notwithstanding the provisions of Section V, Subsections E and F of this Agreement, if the COG fails to submit the required information to CJD by the applicable deadline established in any of the following sections of this Agreement, the COG shall forfeit, for each failure, one-three hundred sixty fifth (1/365th) of the total Agreement amount for each day the COG fails to submit the information required by:
1. Section II, Subsection B, Paragraph 3 of this Agreement;
2. Section II, Subsection C, Paragraph 3 of this Agreement;
3. Section II, Subsection D, Paragraph 2 of this Agreement;
4. Section II, Subsection E, Paragraph 2 of this Agreement;
5. Section II, Subsection F, Paragraph 4 of this Agreement;
6. Section II, Subsection G, Paragraph 9 of this Agreement; or
7. Section II, Subsection I, Paragraph 1 of this Agreement.
If the COG fails to submit the required information to CJD within ten (10) calendar days after the deadline established in any of the above-referenced sections of this Agreement, CJD may terminate this Agreement without penalty, either in whole or in part. The provisions of this subsection in no way limit the discretion to withhold payment granted to the Executive Director of CJD in Section V, Subsections E and F of this Agreement.
H. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior to settlement upon termination of this Agreement and as a condition thereto, the COG shall execute and deliver to CJD a release of all claims against CJD arising under or by virtue of this Agreement.
I. Final Payment under this Agreement or settlement upon termination shall not constitute a waiver of CJD’s claims against the COG.
J. The COG must submit the final invoice for payment under this Agreement no later than one hundred twenty (120) calendar days after the expiration date of this Agreement.
SECTION VI. AUTHORIZED REPRESENTATIVES
For purposes of administering and implementing this Agreement, the Executive Director of CJD is the person authorized to represent CJD and the Executive Director of the COG is the person authorized to represent the COG.
SECTION VII. INDEPENDENT CONTRACTOR
A. In performing any services hereunder, the COG is, and undertakes performance as, an independent contractor and is responsible to all third parties for its acts or omissions. CJD shall in no way be responsible for the acts or omissions of the COG.
B. The COG shall be, and shall remain, liable in accordance with applicable law for any and all bodily injury, disease, or death of third persons or loss of or damage to property of third persons arising out of or incident to the COG's work performance.
SECTION VIII. ACTIONS OR CITATIONS
The COG shall provide immediate written notice to CJD regarding any actions or citations, whether civil or criminal, by federal, state, or local governmental agencies that relate to any services provided under this Agreement.
SECTION IX. SUBCONTRACTS
Any subcontractors and outside associates or consultants required by the COG in connection with the services required by this Agreement shall be subject to the prior written approval of CJD.
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SECTION X. ORDER OF PREFERENCE
Unless otherwise stated, a listing of factors, criteria, or subjects in this Agreement does not constitute an order of preference.
SECTION XI. SEVERABILITY
If any provision of this Agreement is held invalid, such invalidity shall not affect any other provision that can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable.
SECTION XII. FORCE MAJEURE
Neither the COG nor CJD shall be liable to the other for any delay in, or failure of performance, of any requirement included in this Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within a reasonable time of the existence of such force majeure.
SECTION XIII. ASSIGNABILITY
This Agreement is not transferable or otherwise assignable by the COG.
SECTION XIV. AMENDMENTS
This Agreement may be amended only by an agreement in writing that is signed by both parties.
SECTION XV. WAIVER
The failure of a party to this Agreement to enforce, at any time, a provision of this Agreement or to exercise any option under this Agreement, is not a waiver of the provision or option, nor does it affect the validity of any part of this Agreement or the right of either party to subsequently enforce a provision or exercise an option. A waiver of a breach of this Agreement is not a waiver of a subsequent breach. Remedies available under this Agreement are in addition to every other remedy available at law or in equity.
SECTION XVI. TERMINATION
A. This Agreement shall terminate upon the completion of the period for the Agreement or with thirty (30) calendar days written notice by either party. Written notice shall be considered delivered when postmarked provided such notice is sent by certified mail, return receipt requested, or delivered in person to the authorized representative of the other party.
B. This Agreement is subject to termination without penalty, either in whole or in part, if necessary and sufficient funds are not collected under the funding opportunities listed in Section II, Subsection C, Paragraph 1 of this Agreement.
C. This Agreement may be terminated in accordance with the provisions of Sections V, Subsections E, F or G of this Agreement.
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SECTION XVII. APPLICABLE LAW
The laws of the State of Texas govern this Agreement. Venue for any litigation related to this Agreement shall be in the district court, Travis County, Texas.
SECTION XVIII. ENTIRE AGREEMENT
This Agreement represents the entire agreement between the parties hereto and supersedes any and all prior agreements between the parties, whether written or oral.
SECTION XIX. EFFECTIVE DATE AND TERM
This Agreement shall take effect on September 1, 2014, and shall expire on August 31, 2015, unless it is amended or terminated earlier pursuant to the provisions hereof; however, the parties acknowledge that their respective obligations concerning the submission of an invoice and the thirty (30) day period for processing, and the submission of a final quarterly report, necessarily extend beyond that date.
SECTION XX. FRAUD, WASTE, OR MISUSE OF FUNDS
The COG understands that CJD, as a division of the Office of the Governor (“OOG”), does not tolerate any type of fraud, waste, or misuse of funds received from CJD. The OOG’s policy is to promote consistent, legal, and ethical organizational behavior. Any violations of law, OOG policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. In the event of a formal allegation or a finding of fraud, waste, or misuse of funds received from CJD, the COG is required to immediately notify the OOG of said finding. The COG is also obliged to inform the OOG of the status of any on-going investigation. All notices pursuant to this section should be reported to the OOG’s Fraud Coordinator or Ethics Advisor at (512) 463-2000 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711.
SECTION XXI. INDEMNIFICATION/DAMAGE CLAIMS
THE COG SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND CJD, ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF THE COG OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF THE COG IN THE EXECUTION OF PERFORMANCE OF THIS AGREEMENT. THE COG SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY CJD. THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE THE COG TO INDEMNIFY OR HOLD HARMLESS THE STATE OF TEXAS OR CJD FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF CJD OR ITS EMPLOYEES.
SECTION XXII. BUY TEXAS
The COG represents and warrants that it will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and in a comparable period of time when compared to non-Texas products and materials.
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SECTION XXIII. REQUIRED CERTIFICATIONS
A. CJD further certifies that it has the authority to perform the above services by authority granted in Texas Government Code, Section 772.006.
B. The COG further certifies that it has authority to perform the services contracted for by the authority granted in Texas Local Government Code, Section 391.011(c).
The undersigned parties bind themselves to the faithful performance of this Agreement and acknowledge that duplicate originals of this Agreement are being executed.
FOR THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION:
__________________________________________________ ________________________ Kathy Walt, Chief of Staff Date
FOR THE COUNCIL OF GOVERNMENTS:
THE TEXOMA COUNCIL OF GOVERNMENTS
__________________________________________________ ________________________ Susan B. Thomas, Executive Director Date
Approved as to form:
__________________________________________________ General Counsel Division, Office of the Governor
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TO: TCOG Governing Board
FROM: Stacee Sloan, Finance Director
DATE: October 9, 2014
RE: Group Medical Plan Changes for 2015
RECOMMENDATION Approve the following (1) change TCOG's employee vision & dental to optional for calendar year 2015; (2) change TCOG's annual HSA contribution for 2015 to $1,500 per employee.
BACKGROUND TCOG employees participate in a group medical plan through Texas Municipal League (TML) which includes vision and dental coverage. The coverage includes a $2,000/$2,250 (in network/ out of network) deductible with a maximum out of pocket expense of $4,000. Employees also receive HSA contributions in the amount of $2,000 annually. TCOG employees contribute $50 per month towards the group medical. To maintain existing plan design and coverage, rates will increase in 2015 to $615.97, for a total increase of $43.76 per employee.
DISCUSSION Management is recommending adjusting employer HSA contributions to $1,500 annually per employee ($125/mo.), as outlined in last year’s group medical plan changes. TCOG's HSA contribution amount will be set annually. Employees may contribute additional money to the account per IRS guidelines.
Management is also recommending changing vision and dental coverage to voluntary to provide employees the ability to elect coverage. The 2015 employee cost for voluntary vision will be $9.00 per month and voluntary dental will be $32.26 per month.
The following is a cost comparison to maintain current coverage and the proposed management changes for 2015 which reduces HSA contribution and vision/dental become voluntary. Current Renewal Proposed EE Premium 416.40 458.04 458.04 EE Contribution -50.00 -50.00 -50.00 HSA Contribution 166.67 166.67 125.00 Dental 30.14 32.26 -0- Vision 9.00 9.00 -0- Total 572.21 574.30 533.04
BUDGET TCOG's FYE 2015 approved budget for group medical, vision, and dental will realize an estimated total savings of $8,930 ($39.17/mo. per 57 employees) for the 2015 calendar year. These savings will offset the prior period under allocation in the employee benefit pool.
APPROVAL
_________________________ Susan B. Thomas, PhD, Executive Director
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TO: TCOG Governing Board
FROM: Stacee Sloan, Finance Director
DATE: October 10, 2014
RE: FYE 2015 Budget Status Update
RECOMMENDATION Accept recommendation, if any, regarding TCOG FYE 2015 Budget.
BACKGROUND Each month the Governing Body is presented with a status update of the current fiscal year budgets for the indirect cost allocation pool, the employee benefit pool, and the central service IT pool and afforded the opportunity to make desired changes to the employee benefit rate, the general and administrative indirect cost allocation rate, the on-site indirect cost allocation rate, or the central service IT rate as conditions warrant.
DISCUSSION The following documents are attached: updated Statement of Proposed Indirect Cost for FYE 4/30/2015 Status Report depicting fiscal year budget with fiscal year to date expense and budget balance, updated Statement of Employee Benefit Programs for FYE 4/30/2015 Status Report depicting fiscal year budget with fiscal year to date expense and budget balance, updated Statement of Central Service IT Costs for FYE 4/30/2015 Status Report depicting fiscal year budget with fiscal year to date expense and budget balance, Status Report of YTD utility expense, and Status of Local Membership Dues paid fiscal year to date.
BUDGET Fiscal year-to-date expenses are in line with year to date budget for Indirect Cost Pool, Employee Benefit Pool, and Central Service IT costs. No rate changes are requested at this time.
APPROVAL
_________________________ Susan B. Thomas, PhD, Executive Director
Municipalities AMOUNT PAID BALANCE DUE CHECK # DEPOSIT DATECooke County 3,748.00$ 3,748.00$ -$ 105853 6/23/2014Fannin County 2,992.00$ 2,992.00$ -$ 109158 5/21/2014Grayson County 6,453.00$ 6,453.00$ -$ 180109 7/31/2014City of Bells 262.00$ -$ 262.00$ City of Bonham 2,089.00$ 2,089.00$ -$ 26818 5/21/2014City of Callisburg 100.00$ 100.00$ -$ 1937 5/14/2014City of Collinsville 320.00$ -$ 320.00$ City of Denison 4,840.00$ 4,840.00$ -$ 108925 5/21/2014City of Dodd City 100.00$ 100.00$ -$ 396 5/21/2014City of Ector 135.00$ 135.00$ -$ 7164 6/23/2014City of Gainesville 3,310.00$ 3,310.00$ -$ 144300 6/23/2014City of Gunter 352.00$ -$ 352.00$ City of Honey Grove 366.00$ 366.00$ -$ 112252 5/14/2014City of Howe 582.00$ 582.00$ -$ 35390 5/21/2014City of Knollwood 100.00$ 100.00$ -$ 1279 5/21/2014City of Ladonia 140.00$ -$ 140.00$ City of Leonard 394.00$ 394.00$ -$ 31657 6/23/2014Town of Lindsay 200.00$ 200.00$ -$ 14019 5/14/2014City of Muenster 334.00$ 334.00$ -$ 66102 6/23/2014Town of Oak Ridge * 100.00$ -$ 100.00$ City of Pottsboro 452.00$ 452.00$ -$ 27947 5/21/2014Town of Ravenna 100.00$ -$ 100.00$ City of Sadler 100.00$ 100.00$ -$ 16030773 6/23/2014City of Savoy 171.00$ 171.00$ -$ 9175 6/23/2014City of Sherman 7,738.00$ 7,738.00$ -$ 448001 6/23/2014City of Southmayd 215.00$ 215.00$ -$ 101824 6/23/2014City of Tioga 190.00$ 190.00$ -$ 26735 5/14/2014City of Tom Bean 203.00$ 203.00$ -$ 16611 5/21/2014City of Trenton 223.00$ -$ 223.00$ City of Valley View 175.00$ -$ 175.00$ City of Van Alstyne 555.00$ 555.00$ -$ 24937 5/21/2014City of Whitesboro 826.00$ 826.00$ -$ 75414 6/23/2014City of Whitewright 333.00$ 333.00$ -$ 33616 5/21/2014Town of Windom 100.00$ 100.00$ -$ 3952 6/23/2014
FYE 2015 MEMBER DUESSCHEDULE
Membership is open to counties; incorporated cities, towns, and villages; independent school districts; consolidated school districts; community colleges districts; and any other political subdivision of the State which is geographically situated in the Texoma Region who petitions for and is granted
SummaryMunicipalities 38,298.00$ School Districts 6,757.00$ Associate Members 3,245.00$ Total Membership Revenue 48,300.00$ 44,485.00$ 3,815.00$
NON-MEMBERS
Municipalities City of Bailey School Districts Callisburg ISD Sivells Bend ISDGunter ISD Tioga ISDHowe ISD Valley View ISDLindsay ISD Walnut Bend ISDSadler-Southmayd ISD Whitewright ISD
Past member entities whose membership dues have not been received in the last three (3) years have been removed from FYE 2015 revenue forecast.
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MEMBERS
Municipalities AMOUNT PAID BALANCE DUE CHECK # DEPOSIT DATECooke County 3,748.00$ 3,748.00$ -$ 105853 6/23/2014Fannin County 2,992.00$ 2,992.00$ -$ 109158 5/21/2014Grayson County 6,453.00$ 6,453.00$ -$ 180109 7/31/2014City of Bells 262.00$ -$ 262.00$ City of Bonham 2,089.00$ 2,089.00$ -$ 26818 5/21/2014City of Callisburg 100.00$ 100.00$ -$ 1937 5/14/2014City of Collinsville 320.00$ -$ 320.00$ City of Denison 4,840.00$ 4,840.00$ -$ 108925 5/21/2014City of Dodd City 100.00$ 100.00$ -$ 396 5/21/2014City of Ector 135.00$ 135.00$ -$ 7164 6/23/2014City of Gainesville 3,310.00$ 3,310.00$ -$ 144300 6/23/2014City of Gunter 352.00$ -$ 352.00$ City of Honey Grove 366.00$ 366.00$ -$ 112252 5/14/2014City of Howe 582.00$ 582.00$ -$ 35390 5/21/2014City of Knollwood 100.00$ 100.00$ -$ 1279 5/21/2014City of Ladonia 140.00$ -$ 140.00$ City of Leonard 394.00$ 394.00$ -$ 31657 6/23/2014Town of Lindsay 200.00$ 200.00$ -$ 14019 5/14/2014City of Muenster 334.00$ 334.00$ -$ 66102 6/23/2014Town of Oak Ridge * 100.00$ -$ 100.00$ City of Pottsboro 452.00$ 452.00$ -$ 27947 5/21/2014Town of Ravenna 100.00$ -$ 100.00$ City of Sadler 100.00$ 100.00$ -$ 16030773 6/23/2014City of Savoy 171.00$ 171.00$ -$ 9175 6/23/2014City of Sherman 7,738.00$ 7,738.00$ -$ 448001 6/23/2014City of Southmayd 215.00$ 215.00$ -$ 101824 6/23/2014City of Tioga 190.00$ 190.00$ -$ 26735 5/14/2014City of Tom Bean 203.00$ 203.00$ -$ 16611 5/21/2014City of Trenton 223.00$ -$ 223.00$ City of Valley View 175.00$ -$ 175.00$ City of Van Alstyne 555.00$ 555.00$ -$ 24937 5/21/2014City of Whitesboro 826.00$ 826.00$ -$ 75414 6/23/2014City of Whitewright 333.00$ 333.00$ -$ 33616 5/21/2014Town of Windom 100.00$ 100.00$ -$ 3952 6/23/2014
FYE 2015 MEMBER DUESSCHEDULE
Membership is open to counties; incorporated cities, towns, and villages; independent school districts; consolidated school districts; community colleges districts; and any other political subdivision of the State which is geographically situated in the Texoma Region who petitions for and is granted
SummaryMunicipalities 38,298.00$ School Districts 6,757.00$ Associate Members 3,245.00$ Total Membership Revenue 48,300.00$ 44,831.00$ 3,469.00$
NON-MEMBERS
Municipalities City of Bailey School Districts Callisburg ISD Sivells Bend ISDGunter ISD Tioga ISDHowe ISD Valley View ISDLindsay ISD Walnut Bend ISDSadler-Southmayd ISD Whitewright ISD
Past member entities whose membership dues have not been received in the last three (3) years have been removed from FYE 2015 revenue forecast.
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FY 2015 AdoptedYTD Expenditures
Thru September 2014 % of Budget Budget Balance$76,100 $ 38,090 50.05% $ 38,010 $32,500 $ 11,256 34.63% 21,244
