a. call to order & declaration of a quorum b. c. d ...oct 17, 2013 · tcog governing board...

TCOG Governing Board Meeting Agenda

Thursday, October 17, 2013 – 5:30 p.m.

*

A. Call to Order & Declaration of a Quorum

B. Invocation and Pledges

C. Welcome Guests

D. Approval of Minutes: Approve Meeting Minutes for September 2013 – page 3

E. Executive Director’s Report a. 2013 Annual Event Recap b. 2013 Strategic Plan Update / 2014 Plan Preview c. TCOG to host Small City Workshop d. Senior Corps Program Presentation, Linda Burleson e. Economic Impact Statement FYE 2013 Report, Uttara Nilawar

F. 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 2013 Liabilities (AF): Authorize the Secretary/Treasurer to make payments in the amounts as listed.

Stacee Sloan, Finance Director – page 5

2. GIS Inter-local Agreements Renewal (PD): Authorize executive director to renew inter-local agreements with Cooke and Fannin counties and the cities of Denison, Gunter and Van Alstyne for GIS services.

Michael Schmitz, GIS Program Manager – page 18

G. Action 1. Community Services Block Grant – Program Year 2014 (CS): Authorize submission of the

Community Services Block Grant (CSBG) PYE 2014 budget to the Texas Department of Housing & Community Affairs.

Brenda Smith, Energy Services Program Manager – page 31

2. Contract with AT&T for 9-1-1 Customer Premise Equipment (PD): Authorize executive director to negotiate and execute a contract between AT&T and TCOG for the purchase of TCOG 9-1-1 Customer Premise Equipment Solution.

CJ Durbin-Higgins, Public Safety Program Manager – page 38

3. FYE2013 State Homeland Security Program Planning and M&A Award (PD): Accept the TCOG FY2013 State Homeland Security Program (SHSP) COG Planning, Management & Administrative Sub-Recipient Awards from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency.

CJ Durbin-Higgins, Public Safety Program Manager – page 48

*

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 Jeannette Phillips 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 11, 2013.

4. Group Medical Plan Changes for 2014 (AF): Approve the following: (1) change TCOG’s employee medical insurance plan to Health Savings Account (HSA) compatible TML plan for calendar year 2014; (2) set TCOG’s HSA contribution for 2014 at $2,000 per employee; and (3) discontinue SIS Link Gap Insurance Plan.

Susan B. Thomas, PhD, Executive Director – page 87

5. FYE 2014 Budget Status Update (AF): Accept recommendation, if any, regarding TCOG FYE 2014 Budget.

Stacee Sloan, Finance Director – page 90

H. President’s Report

I. Adjourn

Texoma Council of Governments Minutes

Governing Board Meeting Thursday, September 19, 2013 – 5:30 p.m.

Members Present: Spanky Carter, Robert Adams, Roy Floyd, Cecil Jones, Bart Lawrence, Bill Lindsay, Harold Roberts, Jeffrey Stanley, Cary Wacker A. Judge Carter called the meeting to order and a quorum was declared at 5:32 p.m. B. Cecil Jones provided an invocation, followed by Terrell Culbertson, who led the pledges. C. Prior to welcoming guests and staff, Dr. Thomas made a special introduction of Stacee Sloan as the new

Finance Director. Welcome Guests and Staff: Brenda Smith, CJ Durbin-Higgins, Robin McCoy, Rayleen Bingham, Uttara Nilawar, David Trout, Sean Norton, Janet Karam, Rodrigo Muyshondt, Mindi Jones, Beth Eggar, Heather Barnes, Michael Schmitz, Jerrie Whitely, Drue Bynum.

D. A motion was made by Roy Floyd to approve the meeting minutes for August 2013. This motion was seconded by Cecil Jones. Motion carried.

E. Executive Director’s Report 1. Economic Dashboard Quarterly and Annual Report Presentation, Uttara Nilawar 2. Dr. Thomas announced that the Annual Event would be held on Thursday, September 26, at Austin

College at 6:30 p.m., with Eric Neagu as keynote speaker to discuss regional growth. 3. Dr. Thomas also announced the Eco-Tourism Symposium was held in Bonham that she hopes will

become a regional effort for the potential of eco-tourism. F. A motion was made by Bill Lindsay to approve the Consent Items. This motion was seconded by Cecil

Jones. Motion carried. 1. Authorize the Secretary/Treasurer to make payments in the amounts as listed.

2. Authorize the acceptance of the Texas Department of Aging and Disability Services (DADS) contract amendment for FY 2014. FY 2014 is a one year extension of a 3-year contract.

G. Action 1. Judge Carter pulled Action Item #6 from the general order of items of discussion in the agenda in

order to discuss it first. Dr. Thomas proposed the board accept the recommendation by not accepting any changes to the current Interlocal agreement. Bart Lawrence asked Judge Carter to defer his comments to guest Drue Bynum regarding a proposed modification to the ILA between Grayson County and Texoma Council of Governments. Judge Carter granted the exception to hear from the public regarding this discussion. After discussion, a motion was made by Bill Lindsay to authorize the FY2014-2015 Revised Interlocal Agreement for 9-1-1 Services. This motion was seconded by Cecil Jones. Motion carried with objections from Bart Lawrence and Jeffrey Stanley.

2. A motion was made by Roy Floyd to approve the submission of the FY 2014/2015 Municipal Solid Waste Regional Funding Plan and Application totaling $230,000 to the Texas Commission on Environmental Quality (TCEQ) and approve a resolution to support the FY2014/2015 application. This motion was seconded by Bill Lindsay. Motion carried.

3. A motion was made by Roy Floyd to execute an inter-local agreement with Grayson County Community Supervision and Corrections Department (CSCD) for completion of a comprehensive evaluation report of the Grayson CSCD Drug Court. This motion was seconded by Harold Roberts. Motion carried.

4. A motion was made by Harold Roberts to accept the Contract for 9-1-1 Services for FY2014-2015 between the Commission on State Emergency Communications (CSEC) and the Texoma Council of Governments. This motion as seconded by Robert Adams. Motion carried.

5. A motion was made by Roy Floyd to authorize the acceptance of the FY2014 Interlocal Agreement between the Office of the Governor, Criminal Justice Division and TCOG for $59,497.00. This motion was seconded by Cecil Jones. Motion carried.

Governing Board Meeting Minutes Thursday, September 19, 2013 Page 2

6. A motion was made by Cecil Jones to authorize Contract with Fannin County to develop their Hazard Mitigation Action Plan for $40,000. This motion was seconded by Harold Roberts. Motion carried.

7. A motion was made by Jeffrey Stanley to authorize submission of the Section 8 Annual and 5-Year PHA Plan to the Department of Housing and Urban Development (HUD). This motion as seconded by Cary Wacker. Motion carried.

8. A motion was made by Jeffrey Stanley to authorize submission and if awarded, the acceptance of the annual Section 8 Family Self-Sufficiency Grant in the amount of $65,862. This motion was seconded by Robert Adams. Motion carried.

9. A motion was made by Cary Wacker to authorize Executive Director to enter into an MOU with the Department of Aging and Disability Services (DADS) in order to participate in the Section 8 Program MFP Demonstration. This motion was seconded by Cecil Jones. Motion carried.

10. A motion was made by Jeffrey Stanley to approve ratification for grant funding from the previously approved amount of $807,228 to $9,813,397 from Centers for Medicare and Medicaid Services (CMS) for the purpose of expanding and innovating services for seniors in the Texoma area through TCOG’s Elder Watch Program. This motion was seconded by Cary Wacker. Motion carried.

11. A motion was made by Robert Adams to authorize submission of grant application and acceptance of funding, if awarded, for the Aging and Disability Resource Center (ADRC) grant for FY 2014. This motion was seconded by Cecil Jones. Motion carried.

12. A motion was made by Roy Floyd to authorize the congregate and home delivered meal budget totaling $481,803 ($189,600 for congregate and $292,203 for home delivered meals) for the Tri-County Senior Nutrition Project, Inc. (DBA Meals on Wheels of Texoma). This motion was seconded by Jeffrey Stanley. Motion carried.

13. A motion was made by Roy Floyd to accept the report of investments for the period February 1, 2013 through April 30, 2013. This motion was seconded by Robert Adams. Motion carried.

14. A motion was made by Jeffrey Stanley to accept the report of investments for the period May 1, 2013 through July 31, 2013. This motion was seconded by Cecil Jones. Motion carried.

15. There was no recommendation and therefore no action taken regarding the TCOG FYE 2014 budget. H. President’s Report

1. Judge Carter took a moment to recognize Terrell Culbertson for his 30 years of employment with Texoma Council of Governments.

I. Judge Carter adjourned the meeting at 7:12 p.m. AF: Administration & Finance Department AS: Aging Services Department CS: Client Services Department GS: Government Services Department Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Jeannette Phillips 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, September 13, 2013.

TEXOMA COUNCIL OF GOVERNMENTS

Check/Voucher Register - LIABILITY LISTING

0017 - SECT 8 CASH IN BANK CHASE

From 9/1/2013 Through 9/30/2013

Vendor Name NumberCheck

Check Date Transaction Description Check Amount

785591600 LA SALLE PARTNERS LLC 9/1/2013 G-01183 403.00

785921600 LA SALLE PARTNERS LLC 9/1/2013 various clients 1,809.00

786421600 LA SALLE PARTNERS LLC 9/1/2013 G-01171 420.00

78601ALBANNA, REBECCA G. 9/1/2013 G-00954 291.00

78836ALEXANDER, TERRY GLENN 9/17/2013 F-00794 443.00

78602AMBIT ENERGY LP 9/1/2013 various clients 232.00

78738AMBIT ENERGY LP 9/1/2013 various clients 249.00

78825AMBIT ENERGY LP 9/17/2013 #A-3662594 87.00

78739AMLIN, MARSHALL D. 9/1/2013 F-00275 266.00

78556ARROW WOOD APTS. 9/1/2013 various clients 1,259.00

78596ARROW WOOD APTS. 9/1/2013 G-01231 272.00

78603ARROW WOOD APTS. 9/1/2013 various clients 2,122.00

78740ATKIN, VERNA 9/1/2013 F-00714 251.00

78604ATMOS ENERGY CO 9/1/2013 various clients 116.00

78741ATMOS ENERGY CO 9/1/2013 various clients 157.00

78744BA RESIDENTIAL, L.L.C. 9/1/2013 various clients 1,268.00

78837BACON, JAMES L. 9/17/2013 F-00720 310.00

78605BARRETT, CARMAN M. 9/1/2013 G-01146 520.00

78606BARRIER, JEFF N. 9/1/2013 G-01122 570.00

78608BEALL, DAVID M. 9/1/2013 G-01072 328.00

78607BEALL, DAVID W. 9/1/2013 G-01205 800.00

78743BERUBE, LINDA MARIE 9/1/2013 F-00095 162.00

78792BILLY JOE NELMS 9/1/2013 F-00723 400.00

78610BLUESTONE PARTNERS LLC 9/1/2013 G-00939 830.00

78611BOHNANNAN, RONALD DION 9/1/2013 G-00710 225.00

78745BONHAM APARTMENTS LTD 9/1/2013 various clients 4,265.00

78746BONHAM VILLAGE APARTMENTS, LTD. 9/1/2013 various clients 719.00

78567BOOTH, BRUCE 9/1/2013 G-01031 299.00

78594BOOTH, BRUCE 9/1/2013 G-01226 255.00

78669BOOTH, BRUCE 9/1/2013 G-00961 329.00

78829BOOTH, BRUCE 9/17/2013 G-00930 440.00

78620BOOTH, BRUCE / BOOTHE FAMILY TR... 9/1/2013 various clients 1,518.00

78747BORJAS, BASILISA 9/1/2013 F-00031 493.00

78612BOUNCE ENERGY INC. 9/1/2013 #1378430 24.00

78613BOYD, QUENTON 9/1/2013 G-00808 525.00

78748BRANDANI, JOE 9/1/2013 various clients 697.00

78614BRANDMAN, JOHN D. 9/1/2013 G-00143 329.00

78749BRISTOL SQUARE APARTMENTS 9/1/2013 various clients 540.00

78615BROWN, WILLIAM 9/1/2013 G-00940 241.00

78750BUCHANAN, MARK. A 9/1/2013 F-00108 375.00

78616BUCKNER, KELVIN 9/1/2013 G-00572 276.00

78751BURNETT, JOHN W. 9/1/2013 F-00762 275.00

78752BURT, WILLIAM RUSSELL 9/1/2013 various clients 960.00

78753BURT, WILLIAM RUSSELL 9/1/2013 F-00763 425.00

78617BURTON, GREGORY P. 9/1/2013 G-00838 766.00

78754BUTLER, BOBBY L. 9/1/2013 F-00318 275.00

78618CABRERA, VALENTINA 9/1/2013 G-00959 398.00

78576CAL SHERM PARTNERS L.P. 9/1/2013 various clients 1,614.00

78710CAL SHERM PARTNERS L.P. 9/1/2013 various clients 1,702.00

78557CALIX PROPERTIES 9/1/2013 G-00683 269.00

78619CALIX PROPERTIES 9/1/2013 various clients 2,072.00

78755CARAWAY, ROBERT 9/1/2013 f-00239 339.00

78621CARLILE, JANET 9/1/2013 G-01211 415.00

78622CARR, SANDRA GAIL 9/1/2013 G-00788 735.00




From 9/1/2013 Through 9/30/2013



78624CARTER II, CRETA LYNN 9/1/2013 G-00406 616.00

78623CARTER, BOBBIE J. 9/1/2013 various clients 696.00

78756CARY, JOSEPH 9/1/2013 F-00701 331.00

78757CASTLE PROPERTIES 9/1/2013 various clients 1,004.00

78824CHAFFIN, CHRISTEN AND GUILD MORT... 9/17/2013 G-Ho-00006 197.00

78625CHEN, DONNY Y. 9/1/2013 G-00789 675.00

78626CHICAGO LEGACY GROUP LP 9/1/2013 various clients 811.00

78627CHOI, JOHN H. 9/1/2013 G-01074 114.00

78629CITY OF DENISON 9/1/2013 various clients 97.00

78555CITY OF SHERMAN 9/1/2013 ACCT 2 09 506 03 157.00

78628CLONTZ, LOIS A. 9/1/2013 G-01036 330.00

78630CONCORD VILLAGE APTS 9/1/2013 G-00277 176.00

78632COTTRELL, WILLIE 9/1/2013 G-01004 575.00

78758COUNTRY VILLAGE OF BONHAM 9/1/2013 various clients 1,985.00

78609COX, LAWRENCE D. 9/1/2013 G-01105 725.00

78759COX, WILLIAM P. 9/1/2013 F-00783 433.00

78635CROCKER, JIM I. 9/1/2013 various clients 857.00

78636CUPID PROPERTIES LLC 9/1/2013 various clients 1,016.00

78760DAVIS SUZANNE 9/1/2013 F-00661 417.00

78637DAVIS, JOSEPH 9/1/2013 various clients 855.00

78558DEAN GILBERT REALTORS 9/1/2013 VARIOUS CLIENTS 1,001.00

78638DEAN GILBERT REALTORS 9/1/2013 G-00075 377.00

78566DENISON LAKEVIEW PARK 9/1/2013 VARIOUS CLIENTS 1,347.00

78668DENISON LAKEVIEW PARK 9/1/2013 various clients 1,944.00

78569DGR MGT CO. INC. 9/1/2013 VARIOUS CLIENTS 807.00

78595DGR MGT CO. INC. 9/1/2013 G-01179 525.00

78683DGR MGT CO. INC. 9/1/2013 various clients 923.00

78587DIRECT ENERGY 9/1/2013 #3961758 32.00

78590DIRECT ENERGY 9/1/2013 #3305080 43.00

78639DIRECT ENERGY 9/1/2013 #80101944072 54.00

78761DIRECT ENERGY 9/1/2013 various clients 278.00

78561DIXON JR, GENE 9/1/2013 VARIOUS CLIENTS 1,392.00

78593DIXON JR, GENE 9/1/2013 various clients 620.00

78654DIXON JR, GENE 9/1/2013 various clients 2,440.00

78828DIXON JR, GENE 9/17/2013 G-01251 595.00

78762DOYLE, GARRY D. 9/1/2013 F-00743 425.00

78763DULANEY, JERRY M. 9/1/2013 f-00706 208.00

78764DUNCAN CLIFTON WINRIGHT 9/1/2013 F-00726 298.00

78640DUNLAP, KIM 9/1/2013 various clients 1,548.00

78588EAST COAST MANAGEMENT LLC 9/1/2013 G-01095 431.00

78591EAST COAST MANAGEMENT LLC 9/1/2013 G-01096 337.00

78641EAST COAST MANAGEMENT LLC 9/1/2013 various clients 927.00

78765ENLOW GROUP LLC 9/1/2013 various clients 2,411.00

78766EVANS, JESSICA M. 9/1/2013 F-00740 336.00

78597F.L RAINTREE LTD 9/1/2013 G-01046 378.00

78698F.L RAINTREE LTD 9/1/2013 G-01239 527.00

78644FIRST CHOICE POWER 9/1/2013 various clients 454.00

78767FIRST CHOICE POWER 9/1/2013 #671959724 48.00



78631FL COUNTRY VILLAGE LTD 9/1/2013 G-01224 192.00

78645FRANKS, HELEN 9/1/2013 G-01013 102.00

78646FREDERICKSON, JAMES R. 9/1/2013 G-01010 237.00

78768FRICKE, JUNE 9/1/2013 F-00503 319.00




From 9/1/2013 Through 9/30/2013



78647FULLER, DANNY G. 9/1/2013 G-00680 374.00

78839GARZA, JENNIFER 9/26/2013 ESCROW DISTRIBUTION - GRADUATION

2,928.24

78833GARZA, PAMELA AND CENDERA BANK, ... 9/17/2013 F-HO-00005 443.83

78648GILSTER INC. DBA GILSTER PROPERT... 9/1/2013 G-01066 267.00

78769GLASER, GREG 9/1/2013 f-00781 573.00

78770GLASER, JUDITH 9/1/2013 various clients 773.00

78649GOODE, RHONDA 9/1/2013 G-00896 387.00

78650GREENE, DAVID P. 9/1/2013 G-00042 427.00

78831GREER, FRANCES AND USDA RURAL D... 9/17/2013 F-HO-00002 320.00

78585GVD RIDGEVIEW LLC 9/1/2013 G-01202 475.00

78700GVD RIDGEVIEW LLC 9/1/2013 various clients 1,559.00

78651HALLFORD, LOUIE A. 9/1/2013 various clients 1,400.00

78771HAMPTON, KENNETH 9/1/2013 F-00792 450.00

78560HARDWICK, RANDY 9/1/2013 G-01203 593.00

78652HARDWICK, RANDY 9/1/2013 various clients 1,525.00

78772HARDY, RUSSELL DON 9/1/2013 various clients 748.00

78773HARVEY, JOHN MILTON 9/1/2013 F-00698 150.00

78774HERNANDEZ, ANTONIO 9/1/2013 F-00282 550.00

78775HIGGS, BOBBY L. 9/1/2013 F-00638 350.00

78563HILLTOP VILLAGE APARTMENTS 9/1/2013 VARIOUS CLIENTS 1,366.00

78656HILLTOP VILLAGE APARTMENTS 9/1/2013 various clients 6,518.00

78657HOBSON, JOE W. 9/1/2013 G-00958 541.00

78776HOFMANN MRAZ CARE HOME 9/1/2013 various clients 2,224.00

78634HOGENSON, REGINA COX 9/1/2013 G-01102 416.00

78658HOLLON, LARRY BRET 9/1/2013 G-01056 241.00

78781HOMESTEAD ESTATES MHP/ JUSTICE P... 9/1/2013 various clients 1,223.00

78565HORNER, MELISSA ANN 9/1/2013 G-00458 381.00

78653HOUSING ASSOICIATES OF HERITAG 9/1/2013 various clients 4,624.00

78777HUNT, JOE G. 9/1/2013 F-00043 247.00

78659IOLA DBA TAPPAN ZEE 9/1/2013 g-01219 628.00

78584IWUAGWU,DESMOND E. 9/1/2013 G-01245 537.00

78660JACOBS, RICHARD 9/1/2013 G-00952 750.00

78778JAYNES, LONNIE J. 9/1/2013 F-00477 396.00

78564JOHNSON, G.F. 9/1/2013 G-01130 181.00

78779JONES, MICHELLE D. 9/1/2013 F-00790 210.00

78661JONSE, TOM 9/1/2013 g-01220 850.00

78827JONSE, TOM 9/17/2013 G-01220 850.00

78780JPL FAMILY LTD PARTNERSHIP 9/1/2013 F-00771 495.00

78662JSBR INC. 9/1/2013 G-00984 236.00

78667JUST ENERGY TEXAS I CORP. 9/1/2013 various clients 188.00

78663KARAM, GEORGE 9/1/2013 G-00350 532.00

78782KATY CREEK RETIREMENT VILLAGE 9/1/2013 various clients 2,251.00

78664KEENER, ANDREW 9/1/2013 G-01223 462.00

78784KINGSTON PROPERTIES 9/1/2013 F-00730 650.00

78665KIRKPATRICK, JAMES 9/1/2013 G-01190 600.00

78670LAMB, BILLY J 9/1/2013 G-00321 350.00

78785LANCET COURT APARTMENTS 9/1/2013 various clients 414.00

78568LATIMER, JAY 9/1/2013 G-01006 384.00

78671LATIMER, JAY 9/1/2013 G-01148 508.00

78589LAUGHLIN, GLEN 9/1/2013 G-01154 361.00

78672LAUGHLIN, GLEN 9/1/2013 G-00158 474.00

78673LEAK, KENNETH 9/1/2013 G-01028 90.00

78786LIPSCOMB, CHAD CARLTON 9/1/2013 F-00243 287.00




From 9/1/2013 Through 9/30/2013



78674LITTLEFIELD, WILLIAM 9/1/2013 G-00783 437.00

78675LJUNGKULL, JOEL 9/1/2013 various clients 691.00

78676MAGGI, DENO TAYLOR 9/1/2013 G-01228 522.00

78677MALMAY , MICHELLE LYNN 9/1/2013 various clients 3,000.00

78678MC CORD, KENNETH R. 9/1/2013 G-01196 179.00

78788MC CORMICK, LARRY W 9/1/2013 FV-XXX-0042 543.00

78787MCBROOM, DAVID R. 9/1/2013 F-00724 296.00

78679MCDONNELL, DEE JUANITA 9/1/2013 G-00036 265.00

78680MILLSAP, BOB L 9/1/2013 various clients 2,996.00

78681MITCHELL, SYLVIA 9/1/2013 G-00737 650.00

78682MOHAMMED, ABDUL 9/1/2013 various clients 758.00

78562MONROE, MARLENE 9/1/2013 G-01178 389.00

78655MONROE, MARLENE 9/1/2013 G-01141 362.00

78789MOORE, CECELIA F 9/1/2013 F-00125 417.00

78684MORRIS, MARY L. 9/1/2013 G-00864 652.00

78790MORRIS, RANDY K. 9/1/2013 various clients 730.00

78791MURPHY PROPERTIES 9/1/2013 various clients 1,246.00

78685NATAYENA L.L.C 9/1/2013 G-00661 403.00

78686NIBLET, WILLIAM C. 9/1/2013 G-00848 635.00

78687NORMANDY MANOR APARTMENTS 9/1/2013 various clients 3,580.00

78688NORTH TEXAS RENT HOMES 9/1/2013 G-00487 622.00

78794NUNNELEE, ROBERT M 9/1/2013 various clients 1,505.00




78797NUNNELEE, ROBERT M 9/1/2013 F-00284 191.00

78570OAKVIEW RENTALS LP 9/1/2013 VARIOUS CLIENTS 660.00

78689ODOM, RODNEY LEE 9/1/2013 G-00066 398.00

78572OHC/PARK MANOR LTD 9/1/2013 VARIOUS CLIENTS 1,073.00

78691OHC/PARK MANOR LTD 9/1/2013 various clients 3,761.00

78736OSCAR MARTINEZ 9/1/2013 F-00460 411.00

78798OTTMO, WANDA J 9/1/2013 f-00246 181.00

78690OWENS, MONA N. 9/1/2013 G-00082 282.00

78832PADILLA, RAYMOND JR AND NATION ST... 9/17/2013 F-HO-00003 154.00

78571PAGE, JOHN 9/1/2013 G-00938 237.00

78799PAGE, PETER C 9/1/2013 various clients 457.00

78692PATTERSON, DAVID R. 9/1/2013 G-00953 725.00

78800PENDERGRASS, RANDY 9/1/2013 F-00562 230.00

78693PERKINS, GLEN 9/1/2013 various clients 850.00

78821PETERSON, TRAVIS AND BANK OF TEX... 9/17/2013 G-HO-00003 508.00

78801PHILLIPS, ROBBIE F. 9/1/2013 V-F-VII-0048 210.00

78694PIERCE, JAMES DEAN 9/1/2013 various clients 1,182.00

78695PIERCE, WILBURN L. 9/1/2013 G-01099 600.00

78696POLLARD, TROY LYNN 9/1/2013 g-01133 498.00

78802POWELL, DERALD 9/1/2013 f-00606 270.00

78803PUGH, MELTON D. 9/1/2013 f-00495 324.00

78573R&M PROPERTIES 9/1/2013 G-00820 499.00

78697R&M PROPERTIES 9/1/2013 various clients 2,101.00

78699RELIANT ENERGY 9/1/2013 various clients 132.00

78737RELIANT ENERGY 9/1/2013 7144172-9 112.00

78804RELIANT ENERGY 9/1/2013 various clients 164.00

78574REYNOSO, HECTOR M. 9/1/2013 G-00948 368.00

78822ROGERS, JOHNNY AND WELLS FARGO ... 9/17/2013 G-HO-00004 301.00

78805ROSS, NORA F. 9/1/2013 F-00717 263.00




From 9/1/2013 Through 9/30/2013



78701ROSS, RONNIE D. 9/1/2013 G-00415 470.00

78702ROTENFELSEN INVESTMENTS, LLC 9/1/2013 G-00322 210.00

78703ROW, BILLY F. 9/1/2013 G-00074 266.00

78704ROWLAND, DANIEL E. 9/1/2013 G-00181 398.00

78705RUMSEY, ROBERT 9/1/2013 various clients 1,888.00

78578S.S. PARTNERS MGMT. L.L.C. 9/1/2013 various clients 431.00

78598S.S. PARTNERS MGMT. L.L.C. 9/1/2013 various clients 5,632.00

78717S.S. PARTNERS MGMT. L.L.C. 9/1/2013 various clients 2,169.00

78718S.S. PARTNERS MGMT. L.L.C. 9/1/2013 various clients 856.00

78719S.S. PARTNERS MGMT. L.L.C. 9/1/2013 G-01049 515.00

78806SANDIA NORTH APARTMENTS INC 9/1/2013 various clients 3,704.00

78807SARGENT, BARBARA 9/1/2013 F-00745 165.00

78706SCHILLI, RICHARD R. 9/1/2013 G-01194 654.00

78823SCHLEY, MARK AND WELLS FARGO HO... 9/17/2013 G-HO-00005 356.00

78707SCULLY, MICHAEL C. 9/1/2013 G-00438 529.00

78708SHANNON, DELBRA 9/1/2013 G-00448 142.00

78709SHARP, MICHAEL L. 9/1/2013 G-00490 335.00

78575SHEEHAN, CINDY 9/1/2013 G-00168 508.00

78711SHER DEN REALTY INC 9/1/2013 various clients 5,111.00

78586SHIRLEY, NANCY S. 9/1/2013 G-00836 800.00

78712SKIPWORTH, BILLY JACK 9/1/2013 g-01180 575.00

78732SKYLINE WESTWOOD MANOR LTD 9/1/2013 G-01073 310.00

78713SMITH, BENNIE S. 9/1/2013 G-01192 444.00

78714SMITH, MARK A. 9/1/2013 G-00072 419.00

78715SOUTHERN URBANE PROPERTIES, LLC 9/1/2013 G-00584 332.00

78577SOUTHWEST MANAGEMENT 9/1/2013 G-00880 740.00

78716SOUTHWEST MANAGEMENT 9/1/2013 various clients 1,736.00

78600ST.AMOUR, AARON 9/1/2013 G-01152 75.00

78720STANLEY, JUDY F. 9/1/2013 G-00884 398.00

78579STEEPLE CHASE FARMS SUMMIT, LP 9/1/2013 various clients 478.00

78599STEEPLE CHASE FARMS SUMMIT, LP 9/1/2013 various clients 1,012.00

78721STEEPLE CHASE FARMS SUMMIT, LP 9/1/2013 various clients 3,864.00

78808STERZER, DALE P 9/1/2013 various clients 2,895.00

78723STEVENS, PAMELA J. 9/1/2013 G-01123 559.00

78724STOLL, JOEL 9/1/2013 G-01043 750.00

78722STREAM GAS & ELECTRIC LTD 9/1/2013 various clients 179.00

78809STREAM GAS & ELECTRIC LTD 9/1/2013 #1161585700 39.00

78810SUDDERTH, JACK W. 9/1/2013 F-00221 235.00

78811SUDDERTH, JOE T. 9/1/2013 various clients 652.00

78725SWANNER, MELVIN B. 9/1/2013 G-01174 640.00

78643T-PAG LLC 9/1/2013 various clients 1,025.00

78726TAUBE, RICHARD P. 9/1/2013 g-00052 370.00

78818TEXOMA COUNCIL OF GOVERNMENTS 9/1/2013 ESCROW PAYMENT 1,912.00

78819TEXOMA COUNCIL OF GOVERNMENTS 9/12/2013 ADMIN CHARGES AUG 2013 14,202.47

78838TEXOMA COUNCIL OF GOVERNMENTS 9/19/2013 ADMIN CHARGES 8/16-31/13 12,761.30

78813TIP, TENG 9/1/2013 F-00420 504.00

78814TURNER, MARCIA D. 9/1/2013 F-00780 498.00

78580TXU ELECTRIC 9/1/2013 #900030683119 26.00

78727TXU ELECTRIC 9/1/2013 various clients 189.00



78815UNDERWOOD, BILLY MACK 9/1/2013 various clients 828.00

78830VICKREY, CHRIS ALVIN 9/17/2013 G-01250 560.00

78581VILLAS OF SHERMAN LIMITED 9/1/2013 G-00894 271.00




From 9/1/2013 Through 9/30/2013



78728VILLAS OF SHERMAN LIMITED 9/1/2013 various clients 3,430.00

78734W&W RENTAL PROPERTIES, LLC 9/1/2013 G-01015 343.00

78729WATERFORD APTS LTD 9/1/2013 G-00104 94.00

78582WATSON, MICHAEL L. 9/1/2013 G-00578 292.00

78730WATSON, MICHAEL L. 9/1/2013 G-00161 404.00

78731WEEDEN, SUE G. 9/1/2013 G-00038 162.00

78816WHITWORTH, WANDA 9/1/2013 F-00514 255.00

78817WILLIAMS, MYRTIS BRENEK 9/1/2013 f-00476 500.00

78583WILSON CHILDRENS TRUST UTD 5/26/06 9/1/2013 G-00555 311.00

78820WILSON, LAQUETA AND CHASE MANH... 9/17/2013 G-HO-00001 363.00

78733WINDSCAPE APARTMETNS, LTD. 9/1/2013 G-00996 404.00

78783WOOD, KIDNEY WILLIAM 9/1/2013 f-00152 135.00

78666YOUNG, JENNIFER LYN 9/1/2013 various clients 3,268.00

78735ZIPPER, CHARLES E. 9/1/2013 G-01033 846.00



0111 - CASH IN BANK GENERAL CHASE

From 9/1/2013 Through 9/30/2013



78893AFLAC 9/5/2013 ACCT MZ682 INVOICE 198693 793.91

78919AIR EVAC EMS INC. 9/5/2013 NEW HIRE MEMEBERSHIPS 30.00

79018ALERT RESPONSE INC. 9/19/2013 #32905 202.42

79046AMBIT ENERGY LP 9/19/2013 ENERGY ASSISTANCE 1,300.23

79120AMBIT ENERGY LP 9/26/2013 ENERGY ASSISTANCE 3,765.50

79150AMERICAN EXPRESS 9/26/2013 3787 506410 51002 423.84

79158AMERICAN EXPRESS 9/27/2013 acct 3791 10655051001 8,337.15

79024AT&T 9/19/2013 ACCT 214 132 0705 452 9 18.20

79081AT&T 9/26/2013 acct 214 503 4040 179 5 1,037.07

79082AT&T 9/26/2013 acct 214 917 3352 132 8 978.40

79083AT&T 9/26/2013 acct 940 341 8237 234 8 3.24

79084AT&T 9/26/2013 acct 940 341 070 177 9 247.26

79085AT&T 9/26/2013 940 668 1858 6164 160.37

79037AT&T MOBILITY 9/19/2013 ACCT 2870179937505 1,876.89

78916ATMOS ENERGY 9/5/2013 ENERGY ASSISTANCE 2,503.08

79051ATMOS ENERGY 9/19/2013 ENERGY ASSISTANCE 1,915.17

79028ATMOS ENERGY CO 9/19/2013 ACCT 3031917997 1,695.66

78878AUSTIN COLLEGE 9/5/2013 AC FACILITY USE FEE / GALA 400.00

78985AYERS, LINDA 9/12/2013 FGP STIPEND 69.63




79089BAGBY ELEVATOR COMPANY INC. 9/26/2013 INVOICE SCHED000000149255 326.41

78900BARNES, HEATHER 9/5/2013 TRAVEL EXPENSE 212.94

79032BDA ADMINISTRATORS 9/19/2013 MOOP DEDUCTIONS 3,579.24

DD000...BINGHAM, RAYLEEN 9/12/2013 TRAVEL EXPENSE 187.01

78969BOOKER, PATSY 9/12/2013 FGP STIPEND 224.20

79121BOOKER, PATSY 9/26/2013 FGP STIPEND 186.80

DD000...BOOTH, HOLLY 9/5/2013 TRAVEL EXPENSE 95.20

DD000...BOOTH, HOLLY 9/12/2013 TRAVE EXPENSE 268.94

78950BRACKEEN, RUBY 9/12/2013 FGP STIPEND 162.31

79093BRACKEEN, RUBY 9/26/2013 FGP STIPEND 170.93

78998BRANNUM, JESSIE A. 9/12/2013 FGP STIPEND 169.73


79153BRANNUM, JESSIE A. 9/26/2013 FGP STPIEND 144.70


79059BRILLIANT ENERGY LLC 9/19/2013 ENERGY ASSISTANCE 132.67

79031BROWN & HOFMEISTER, L.L.P 9/19/2013 BILL NUMBER 0015 001 27263 MEG 1,102.50

78991BROWN, FREDDIE 9/12/2013 FGP STIPEND 69.60

79145BROWN, FREDDIE 9/26/2013 FGP STIPEND 126.00

78967BUNCH, RUBY 9/12/2013 FGP STIPEND 120.05

79119BUNCH, RUBY 9/26/2013 FGP STIPEND 139.25

78971CAMERON, FRANCES 9/12/2013 FGP STIPEND 139.25

79123CAMERON, FRANCES 9/26/2013 FGP STIPEND 156.10

78964CHAPMAN, ROBERT 9/12/2013 FGP STIPEND 70.88

79114CHAPMAN, ROBERT 9/26/2013 FGP STIPEND 89.75

78968CHASE MASTER CARD 9/12/2013 acct 5567 0879 0003 8911 1,222.55

79156CHASE MASTER CARD 9/27/2013 5567 0879 00038911 1,491.77

79029CIRRO GROUP INC. 9/19/2013 ENERGY ASSITANCE 1,232.44

79097CIRRO GROUP INC. 9/26/2013 ENERGY ASSISTANCE 115.43

79008CITY OF BONHAM 9/19/2013 hhw reimbursement 1,044.83

79006CITY OF GAINESVILLE 9/19/2013 HHW REIMBRJSEMENT 1,044.83

78940CITY OF SHERMAN 9/12/2013 acct 209 5060 03 479.81

78873CITY OF WHITESBORO 9/5/2013 ENERGY ASSISTANCE 588.77




From 9/1/2013 Through 9/30/2013



79015CITY OF WHITESBORO 9/19/2013 ENERGY ASSISTANCE 170.29

78990CLAYTON, MAE 9/12/2013 FGP STIPEND 181.04

79144CLAYTON, MAE 9/26/2013 FGP STIPEND 199.89

78996COLEY, ALICE E. 9/12/2013 FGP STIPEND 84.80




78982COLEY, CHARLES 9/12/2013 FGP STIPEND 165.45

79137COLEY, CHARLES 9/26/2013 FGP STIPEND 210.80

78876COMMISSION OF STATE 9/5/2013 supplies 18.90

78948CONEY, VIRGIE 9/12/2013 FGP STIPEND 194.85

79092CONEY, VIRGIE 9/26/2013 FGP STIPEND 205.10

79034CONNER, JUDY 9/19/2013 travel expense 172.14

79070COOKE COUNTY 9/19/2013 HHW REIMBURSEMENT 1,044.83

78921COOKE COUNTY ELECTRIC CO-OP 9/5/2013 ENERGY ASSISTANCE 408.01

79057COOKE COUNTY ELECTRIC CO-OP 9/19/2013 ENERGY ASSISTANCE 1,656.92

79134COOKE COUNTY ELECTRIC CO-OP 9/26/2013 ENERGY ASSISTANCE 5,548.97

78983CROSS, TOMMIE 9/12/2013 FGP STIPEND 204.30

79138CROSS, TOMMIE 9/26/2013 FGP STIPEND 192.05

DD000...CULBERTSON, TERRELL 9/20/2013 travel expense 42.94

78931CUMMING, TAM 9/5/2013 BOOKS/ ALZHEIMER'S PROGRAM 265.50

78907CUNNINGHAM, BUDDY / CUNNINGHAM ... 9/5/2013 WEATHERIZATION CONTRACT 4,349.00

78903DAVIDSON, STEPHANIE 9/5/2013 TRAVEL EXPENSE 126.04

78926DEBORAH S. HERRON O.D. 9/5/2013 8426 074 190.00

78944DENISON VACUUM & JANITORIAL 9/12/2013 INV 121540 174.03

78947DEPARTMENT OF INFORMATION RES 9/12/2013 INV 13070388N/T 4,433.98

78906DIRECT ENERGY 9/5/2013 ENERGY ASSISTANCE 613.97

79003DIRECT ENERGY 9/16/2013 VASH BOBBY HILL ACCT 635864432 107.00

79045DIRECT ENERGY 9/19/2013 ENERGY ASSISTANCE 1,835.59

79118DIRECT ENERGY 9/26/2013 ENERGY ASSISTANCE 7,448.42

79096DIRECT ENERGY BUSINESS-DALLAS 9/26/2013 ACCT 1017669 7,817.34

78930DIRECT ENERGY MARKETING INC. 9/5/2013 ENERGY ASSISTANCE 117.67

79068DIRECT ENERGY MARKETING INC. 9/19/2013 ENERGY ASSISTANCE 553.50

79155EGGAR, ELIZABETH 9/26/2013 TRAVEL EXPENSE 132.34

78904EGNER D.D.S, PAMELA S. 9/5/2013 4156 4134 2,800.00

78905EGNER D.D.S, PAMELA S. 9/5/2013 4128 4119 2,800.00

78965EGNER D.D.S, PAMELA S. 9/12/2013 4149 44040 4144 3,430.00

78966EGNER D.D.S, PAMELA S. 9/12/2013 4153 1,400.00

79115EGNER D.D.S, PAMELA S. 9/26/2013 4149 AMENDED INVOICES 770.00

79116EGNER D.D.S, PAMELA S. 9/26/2013 #4150 4170 2,800.00

79117EGNER D.D.S, PAMELA S. 9/26/2013 4184 1,400.00

78912ELLIS, RANDY 9/5/2013 TRAEL EXPENSE 107.00

78918EN POINTE - CORPORATE 9/5/2013 INV 92666158 163.86

78874ENTERPRISE RENT-A-CAR 9/5/2013 rental car 113.10

78875ENTERPRISE RENT-A-CAR 9/5/2013 D309761-0953 CAR RENTAL 122.10

79017ENTERPRISE RENT-A-CAR 9/19/2013 RENTAL AGREEMENT D309946 113.10

79080ENTERPRISE RENT-A-CAR 9/26/2013 D310128 0953 75.40

78922FANNIN CO ELECTRIC CO-OP INC 9/5/2013 ENERGY ASSISTANCE 1,050.53

79058FANNIN CO ELECTRIC CO-OP INC 9/19/2013 ENERGY ASSISTANCE 93.20

79135FANNIN CO ELECTRIC CO-OP INC 9/26/2013 ENERGY ASSISTANCE 8,583.24

79022FANNIN COUNTY 9/19/2013 HHW REIMBURSEMENT 1,044.83

78951FEAGLEY, EVA 9/12/2013 FGP STIPEND 204.55

79094FEAGLEY, EVA 9/26/2013 FGP STIPEND 203.80

78941FEDERAL EXPRESS CORPORATION 9/12/2013 ACCT 1267 7132 0 25.70




From 9/1/2013 Through 9/30/2013



79010FEDERAL EXPRESS CORPORATION 9/19/2013 ACCT 1267 7132 0 23.82

78899FEDEX KINKO'S 9/5/2013 1267 7132 0 54.90

78894FIDELITY SECURITY LIFE INSURANCE C... 9/5/2013 SISLINK 20056-9/1/13 4,793.96

78970FIELDS, MARY LOU 9/12/2013 FGP STIPEND 121.28

79122FIELDS, MARY LOU 9/26/2013 FGP STIPEND 68.93

78879FIRST CHOICE POWER 9/5/2013 ENERGY ASSISTANCE 3,412.17



78995FUGETT, SHARON 9/12/2013 FGP STIPEND 172.89

79149FUGETT, SHARON 9/26/2013 FGP SITPEND 193.41

79105FULLYLOVE, JUDY 9/26/2013 TRAVEL EXPENSE 43.98

79106FULLYLOVE, JUDY 9/26/2013 travel expense 100.33

79107FULLYLOVE, JUDY 9/26/2013 TRAVEL EXPENSE 185.00

79103GOLDSTON, SANDRA 9/26/2013 FGP STIPEND 176.58

79009GRAYSON COUNTY COLLEGE 9/19/2013 ENERGY ASSISTANCE 999.00

79016GRAYSON COUNTY TREASURER 9/19/2013 HHW REIMBRUEMENT 3,283.76

78946GRAYSON PRO TECH INC. 9/12/2013 INVOICE 142480 36.00

78920GRAYSON-COLLIN ELECTRIC 9/5/2013 ENERGY ASSISTANCE 325.44

79054GRAYSON-COLLIN ELECTRIC 9/19/2013 ENERGY ASSISTANCE 1,591.86

79133GRAYSON-COLLIN ELECTRIC 9/26/2013 ENERGY ASSISTANCE 10,491.25

78880GREEN MOUNTAIN ENERGY CO. 9/5/2013 ENERGY ASSISTANCE 1,230.10

79025GREEN MOUNTAIN ENERGY CO. 9/19/2013 ENERGY ASSISTANCE 242.35

79090GREEN MOUNTAIN ENERGY CO. 9/26/2013 ENERGY ASSISTANCE 2,294.73

78923HALIBURTON ANITA 9/5/2013 TRAVEL EXPENSE 20.91

78972HAMILTON, MARY 9/12/2013 FGP STIPEND 129.85



79053HANNAH'S FLORIST 9/19/2013 INVOICE 107933 100.00

78935HARMONY IS, INC. 9/5/2013 HARMONEY 2013 MEETING REGISTRATION

425.00

78902HEAR CARE INC. 9/5/2013 HLTH MRNS (E.BROWN) 1,400.00

79099HERNANDEZ, MARGARITA S. 9/26/2013 JANITORIAL SERVICES AND MOWING

1,300.00

78933HERNANDEZ, MIGUEL 9/5/2013 TRAVEL EXPENSE 203.00

78934HESTAND, VICKY 9/5/2013 TRAVEL EXPENESE 495.63

78959HIGGINS-DURBIN, CARRIEJO 9/12/2013 TRAVEL EXPENSE 996.47

79039HIGGINS-DURBIN, CARRIEJO 9/19/2013 TRAVEL ADVANCE 668.00

78949HIN CO PUBLISHERS 9/12/2013 INV 5296 1,678.00

79021INTRADO INC. 9/19/2013 INV 115205 2,667.69

79129IT NEXUS INC. 9/26/2013 NEXVIEWER SOFTWARE MAINTENANCE

2,250.00

79111JAMES, CAREY TEXOMA HEARING 9/26/2013 #65 1,400.00

78986JOHNSTON, SANDRA 9/12/2013 FGP STIPEND 119.30

79141JOHNSTON, SANDRA 9/26/2013 FGP STIPEND 87.85

DD000...JONES, MINDI 9/19/2013 CELL PHONE REIMB FOR SEPT 2013 70.00

78917JUST ENERGY TEXAS I CORP. 9/5/2013 ENERGY ASSISTANCE 2,800.25

79052JUST ENERGY TEXAS I CORP. 9/19/2013 ENERGY ASSISTANCE 733.31

79128JUST ENERGY TEXAS I CORP. 9/26/2013 ENERGY ASSISTANCE 5,520.85

DD000...KARAM, JANET 9/12/2013 TRAVEL EXPENSE 266.12

79047KELLY SERVICES 9/19/2013 INV 35473052 522.00

79126KELLY SERVICES 9/26/2013 INV 36528016 391.50

DD000...KREBS, MANDY 9/12/2013 travel expense 219.22

78929LAFOLLETT & COMPANY PLLC 9/5/2013 AUDIT 4/30/13 12,225.00

79086LANGUAGE LINE SERVICE, INC. 9/26/2013 ACCT 902 0904036 28.27




From 9/1/2013 Through 9/30/2013



78877LINDELL, CHARLES W. 9/5/2013 RESIDENTIAL REPAIR 380.26

LINDELL, CHARLES W. 9/5/2013 RR 3,800.00

78945LOWE'S HOME CENTER INC 9/12/2013 HLT MTNS 47.48

78974LUPER, BARBARA 9/12/2013 FGP STIPEND 97.11

79125LUPER, BARBARA 9/26/2013 FGP STIPEND 112.50

78954LUPER, GLORIA 9/12/2013 FGP STIPEND 145.75

79101LUPER, GLORIA 9/26/2013 FGP STIPEND 148.40

DD000...MARJEN TECHNOLOGY GROUP LLC 9/26/2013 inv 2011472 2011473 2011474 2011475

17,977.29

79102MATTHEWS, MARGARET JEAN 9/26/2013 FGP STIPEND 106.05

78925MC KINNEY SECURITY SYSTEM 9/5/2013 INV 7853 1,388.50

DD000...MCCORMICK, BILL 9/12/2013 TRAVEL EXPENSE 61.02

78979MCCULLOUGH, DORIS 9/12/2013 FGP STIPEND 163.33

79131MCCULLOUGH, DORIS 9/26/2013 FGP STIPEND 218.10

78901MILLER, INA 9/5/2013 TRAVEL / WORSHOP 180.34

78961MILLER, INA 9/12/2013 TRAVEL ADVANCE DALLAS 340.00

79040MILLER, INA 9/19/2013 TRAVEL/ EXPENSE MAY 432.33

79041MILLER, INA 9/19/2013 TRAVEL EXPENSE JUNE 2013 259.90

79042MILLER, INA 9/19/2013 TRAVEL EXPENSE JULY 13 386.46

79043MILLER, INA 9/19/2013 TRAVEL EXPENSE AUGUST 13 343.52

79060MONTGOMERY COUNTY HOSPITAL DIS... 9/19/2013 TCOG EMD SERVICES 1,200.00

78932MONTGOMERY DAVID R. 9/5/2013 ENERGY ASSISTANCE 5,304.75

79014MUENSTER TELEPHONE CORP OF TX 9/19/2013 ACCT BUS 7000049 440.46

79020MULDREW, SAMUEL G DBA 9/19/2013 INSPECTION FOR WAP TRUCK 14.50

78992MURRAY, MARIAN 9/12/2013 FGP STIPEND 152.38

79147MURRAY, MARIAN 9/26/2013 FGP STIPEND 164.30

78897NAUTILUS SPORT CENTER 9/5/2013 MEMEBERSHIP DUES AUGUST 213.81

79075NEBRASKA, BOOK COMPANY INC. 9/25/2013 CNA TRAINING -BOOK PAYMENT 70.31

DD000...NORTON, SEAN 9/12/2013 travel expense 58.29

78895OFFICE OF ATTORNEY GENERAL 9/5/2013 child support 339.94

79033OFFICE OF ATTORNEY GENERAL 9/19/2013 CHILD SUPPPORT 339.94

78978OWEN, IMOGENE 9/12/2013 FGP STIPEND 136.55

79130OWEN, IMOGENE 9/26/2013 FGP STIPEND 145.35

79073PARIS JUNIOR COLLEGE 9/23/2013 CNA TRAINING - TUITION PAYMENT 489.00

79066PENNYWISE POWER, LLC 9/19/2013 ENERGY ASSISTANCE 249.61

78989PERRY, RATA 9/12/2013 FGP STIPEND 45.05

79143PERRY, RATA 9/26/2013 FGP STIPEND 74.20

79062PHELPS, LOIS 9/19/2013 FGP STIPEND 134.35

79146PHELPS, LOIS 9/26/2013 FGP STIPEND 187.13

DD000...PHILLIPS MARVA 9/5/2013 NT752-0000116668 765.63

78960PICTOMETRY INTERNATIONAL CORP 9/12/2013 PICTOMETRY CONNECT 2,250.00

78977POLETZ, JOANNE 9/12/2013 FGP STIPEND 87.00

79127POLETZ, JOANNE 9/26/2013 FGP STIPEND 149.70

78952PRESTON, MARGARET 9/12/2013 FGP STIPEND 199.00

79098PRESTON, MARGARET 9/26/2013 FGP STIPEND 209.30

79104PROSPERITY BANK 9/26/2013 ACCOUNT 0090340970 15,798.74

79087PUBLICDATA.COM.AI LTD 9/26/2013 009456352 TX 20130831 9.95

78892QUILL CORPORATION 9/5/2013 INV 4831694 160.19

78984RATLIFF, JILL 9/12/2013 ALZHEIMERS'S ACTIVITY DIRECTOR 504.00

79056RED RIVER SCREEN PRINTING 9/19/2013 CAREGIVER WALK COMMITTEE T-SHIRTS

68.00

78882RELIANT ENERGY 9/5/2013 ENERGY ASSISTANCE 4,065.60






From 9/1/2013 Through 9/30/2013



78980RIDEOUT, DALE 9/12/2013 FGP STIPEND 190.10

79132RIDEOUT, DALE 9/26/2013 FGP STIPEND 174.70

79002S.S. PARTNERS MGMT. L.L.C. 9/16/2013 VASH JASON GREER STOP EVICTION

511.00

78943SAMS CLUB DIRECT 9/12/2013 acct 0402 55440503 5 483.15

DD000...SCHMITZ, MICHAEL 9/5/2013 TRAVEL EXPENSE 114.07

79027SEAMSTER, BARBARA 9/19/2013 FGP STIPEND 82.00

79095SEAMSTER, BARBARA 9/26/2013 FGP STIPEND 128.50

78883SMITH, BRENDA 9/5/2013 TRAVEL EXPENSE 225.75

78927SMITH, DELANO 9/5/2013 TRAVEL EXPENSE 411.88

78928SOUTHWEST REGION EXECTIVE DIREC... 9/5/2013 2013 ANNNUAL MEMBER DUES 100.00

78908SRADER, MICHAEL CHARLES 9/5/2013 WAP MATERIALS/LABOR 3,749.05

78909SRADER, MICHAEL CHARLES 9/5/2013 WEATHERIZATION SUBCONTRACT 6,960.30

78910SRADER, MICHAEL CHARLES 9/5/2013 INITIAL INSPEDTIONS 3,400.00

78911SRADER, MICHAEL CHARLES 9/5/2013 WEATHERIZATION SUBCONTRACT 6,440.80

78956STAPLES BUSINESS ADVANTAGE 9/12/2013 SUPPLIES 102.38

79108STAPLES BUSINESS ADVANTAGE 9/26/2013 inv 8026741382 306.21

78915STREAM GAS & ELECTRIC LTD 9/5/2013 ENERGY ASSISTANCE 4,671.52



79019SUNRISE PRIMARY CARE SERVICES 9/19/2013 E.W. AUGUST 2013 BILLING 256.50

79049SUPERMEDIA 9/19/2013 390001378895 68.20

79063SWANG & ASSOCIATES INC. DBA HOME... 9/19/2013 RESPITE CARE IN- HOME 1,096.50

78987TATE, THERESA 9/12/2013 FGP STIPEND 200.80



78884TAYLOR APPLIANCES INC. 9/5/2013 WAP MATERIALS/LABOR 702.00

78885TAYLOR APPLIANCES INC. 9/5/2013 WEATHERIZATION SUBCONTRACT 2,550.00

78886TAYLOR APPLIANCES INC. 9/5/2013 WEATHERIZATION SUBCONTRACT 3,645.00

78887TAYLOR APPLIANCES INC. 9/5/2013 WEATHERIZATION CONTRACT 4,050.00

78888TAYLOR APPLIANCES INC. 9/5/2013 WAP MATERIALS AND LABOR 7,796.50

78889TAYLOR APPLIANCES INC. 9/5/2013 ENERGY ASSISTANCE 2,959.40

78890TAYLOR APPLIANCES INC. 9/5/2013 ENERGY ASSISTNCE 525.00

78953TAYLOR APPLIANCES INC. 9/12/2013 RR 9,399.00

79100TAYLOR APPLIANCES INC. 9/26/2013 RR 4,400.00

79069TEXAS CULTURE CHANGE COALITION 9/19/2013 CONFERENCE REIGSTRATION 109.00

79035TEXAS POWER LP 9/19/2013 ENERGY ASSISTANCE 136.62

79072TEXOMA AREA PARATRANSIT SYSTEM 9/19/2013 INV 8262013FGP 305.00

78864TEXOMA COUNCIL OF GOVERNMENTS 9/5/2013 WAP MATERIALS /CFLS 120.00

78865TEXOMA COUNCIL OF GOVERNMENTS 9/5/2013 WAP MATERIALS 120.00



78868TEXOMA COUNCIL OF GOVERNMENTS 9/5/2013 WEATHERIZATION SUBCONTRACT 120.00

78869TEXOMA COUNCIL OF GOVERNMENTS 9/5/2013 WEATHERIZATION CFLS 36.00

78870TEXOMA COUNCIL OF GOVERNMENTS 9/5/2013 WEATHERIZATION SUBCONTRACT 72.00

78936TEXOMA COUNCIL OF GOVERNMENTS 9/12/2013 WEATHERIZATION MATERIALS 36.00

78937TEXOMA COUNCIL OF GOVERNMENTS 9/12/2013 CFLS/WEATHERIZATION 120.00

78938TEXOMA COUNCIL OF GOVERNMENTS 9/12/2013 RESPITE CARE 250.00

79004TEXOMA COUNCIL OF GOVERNMENTS 9/19/2013 TRAVEL EXPENSE TRUCK 6 1,655.45

79005TEXOMA COUNCIL OF GOVERNMENTS 9/19/2013 ANNUAL EVERN SPONSORSHIP 2,000.00

79076TEXOMA COUNCIL OF GOVERNMENTS 9/26/2013 LEAP CAREGIVERS APPRECIATION LUNCHEON

100.00

79077TEXOMA COUNCIL OF GOVERNMENTS 9/26/2013 LEAP CARGIVERS APPRECIATION 100.00

79007TEXOMA PRINT SERVICES 9/19/2013 INV 38709 240.60




From 9/1/2013 Through 9/30/2013



78924TEXOMA PROPANE LLC 9/5/2013 ENERGY ASSISTANCE 223.60

78913THOMAS JOHN KENNEDY OF TEXAS DD... 9/5/2013 21847 25.00

78914THOMAS JOHN KENNEDY OF TEXAS DD... 9/5/2013 22285 2310 2,720.00

78975THOMAS JOHN KENNEDY OF TEXAS DD... 9/12/2013 22226 25.00

78976THOMAS JOHN KENNEDY OF TEXAS DD... 9/12/2013 22342 22341 100.00

79048THOMAS JOHN KENNEDY OF TEXAS DD... 9/19/2013 22053 1,320.00

79044THOMAS, SUSAN 9/19/2013 TRAVEL EXPENSE 93.20

79036TIME DOK 9/19/2013 INV 1498 400.00

78891TML-IEBP 9/5/2013 GROUP PTEXOMCO - 9/1/13 31,535.12

78993TOWNSEND, LINDA 9/12/2013 FGP STIPEND 39.75

79071TRI COUNTY SENIOR NUTRITION 9/19/2013 NUTRITION SEVICES JULY 2013 32,786.72

79067TRUE ELECTRIC, LLC 9/19/2013 ENERGY ASSISTANCE 90.59

78981TXU ELECTRIC 9/12/2013 ENERGY ASSISTANCE 12,164.05

79055TXU ELECTRIC 9/19/2013 ENERGY ASSISTANCE 5,751.60

79001U S POST OFFICE 9/13/2013 PERMIT 49100, 49101 835.00

79079U S POST OFFICE 9/26/2013 #491-001 BUSINESS REPLY 1,000.00

78896UNITED WAY OF GRAYSON COUNTY 9/5/2013 CONTRIBUTIONS P/R 8/1-31/13 151.70

79110UNITED WAY OF GREATER HOUSTON 9/26/2013 inv ir211 te 08 13 500.00

78898UNUM LIFE INSURANCE 9/5/2013 ACCT 05783570014 984.13

78871VERIZON SOUTHWEST 9/5/2013 ACCT 10 5680 2817717457 10 2,459.09

78872VERIZON SOUTHWEST 9/5/2013 acct 10 9000 2899163604 04 4,588.97

79011VERIZON SOUTHWEST 9/19/2013 ACCT 10 5680 2878079303 00 160.39



79078VERIZON SOUTHWEST 9/26/2013 ACCT 10 5680 2881016074 10 1,039.76

79136VERNELL, ISABELL 9/26/2013 FGP STIPEND 66.60

79065VOIGHT, NATHAN 9/19/2013 TRAVEL EXPENSE 219.28

78942WAL MART 9/12/2013 6032 2020 1002 4272 1,551.73

78881WALDRUM, PAULINE 9/5/2013 FGP STIPEND 39.75

78957WHITE, FRANCES 9/12/2013 FGP STIPEND 148.45

79109WHITE, FRANCES 9/26/2013 FGP STIPEND 164.88

78994WILLIAMS, BARBARA 9/12/2013 FGP STIPEND 212.00

79148WILLIAMS, BARBARA 9/26/2013 FGP STIPEND 212.00

78962WILLIAMS, SANDRA 9/12/2013 FGP STIPEND 178.95

79112WILLIAMS, SANDRA 9/26/2013 FGP STIPEND 190.75

79038WORKFORCE SOLUTIONS TEXOMA 9/19/2013 INV RUF082713 100.00

78963WYATT, RUTHIE 9/12/2013 FGP STIPEND 216.50

79113WYATT, RUTHIE 9/26/2013 FGP STIPEND 208.90



0121 - CASH TRANSFER ACCOUNT AMEX

From 9/1/2013 Through 9/30/2013



AE00053CABLE ONE 9/5/2013 acct 34040 397776 02 2 378.33

AE00055CABLE ONE 9/26/2013 acct 23404 397776 02 2 378.33

AE00056PROSTAR SERVICES INC. 9/26/2013 ORDER 538919 189.83

AE00054VERIZON SOUTHWEST 9/19/2013 ACCT 6000014653X26 50.56

Report Total 682,392.31

TO: TCOG Governing Board

THRU: Randy McBroom, Ph.D., Planning & Development Department Director

FROM: Michael Schmitz, GIS Program Manager

DATE: October 11, 2013

RE: GIS Inter-local Agreements Renewal

RECOMMENDATION Authorize executive director to renew inter-local agreements with Cooke and Fannin counties and the cities of Denison, Gunter and 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 Denison, Gunter and Van Alstyne have requested the GIS Program provide GIS services for their respective organizations. Each ILA is for one year of service. The cost of service for each jurisdiction varies based on population and level of service being provided.

BUDGET Cooke County: $23,000 Fannin County: $18,000 The City of Denison $50,800 The City of Gunter: $2,000 The City of Van Alstyne: $12,000

APPROVAL

_________________________ Stacee L. Sloan, Finance Director

_________________________ Susan B. Thomas, PhD, Executive Director

1 | P a g e

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.

2 | P a g e

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, 2013 through September 30, 2014 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

mutual agreement so stated and agreed upon.

ACCEPTED AND AGREED TO:

TEXOMA COUNCIL OF GOVERNMENTS COOKE COUNTY

_______________________________ ______________________________

Susan B. Thomas, PhD John O. Roane

Executive Director County Judge

Date: __________________________ Date: ________________________

1 | P a g e



and FANNIN COUNTY

SECTION I. PURPOSE





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





process.







2 | P a g e

Fannin County agrees to perform the following tasks:



2. Fannin 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 Fannin County.












In consideration of the services provided by Texoma Council of Governments and described herein, Fannin County

agrees to compensate Texoma Council of Governments for the services rendered in the amount of $18,000.









TEXOMA COUNCIL OF GOVERNMENTS FANNIN COUNTY

_______________________________ ______________________________

Susan B. Thomas, PhD Creta L. Carter II

Executive Director County Judge

Date: __________________________ Date: ________________________

1 | P a g e



and CITY OF DENISON

SECTION I. PURPOSE




The Texoma Council of Governments GIS Program agrees to perform the following GIS Service levels: Data

Development, Data Maintenance and Consulting, and Custom online Mapviewer.

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)

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)

3. Custom Flex Map Viewer – 50 user limit

Access to custom flex application with any available layers up to 45 individual layers and up to 20 separate

services. Feature editing is an option if service 2 is selected.





process.




2 | P a g e



City of Denison agrees to perform the following tasks:

1. Communicate all Resolutions, Ordinances, and/or Subdivision Regulations affecting GIS datasets.

2. City of Denison 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 City of Denison.


resolution of errors in the datasets.









3 | P a g e


In consideration of the services provided by Texoma Council of Governments and described herein, City of Denison

agrees to compensate Texoma Council of Governments for the services rendered in the amount of $ 50,800.









TEXOMA COUNCIL OF GOVERNMENTS CITY OF DENISON

_______________________________ ______________________________

Susan B. Thomas, PhD Robert Hanna

Executive Director City Manager

Date: __________________________ Date: ________________________

1 | P a g e



and CITY OF GUNTER

SECTION I. PURPOSE



SECTION II. SCOPE OF SERVICES


for the territorial jurisdiction of the City of Gunter, Texas (“City”).

2.1 Addressing: (a) Review current addressing within City to ensure clear and consistent based on established

addressing standards, reassigning addresses for any confusing or inconsistent addresses; (b) assign address for

new structures within City; and (c) maintain accurate addresses for City with update to 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

2.2 The TCOG GIS Program will perform quality control measures to identify errors in the datasets identified

in paragraph 2.1, which may include cross-checking with available records for accuracy, comparing the address

with the 9-1-1 database, and/or physically visiting the address location for verification (if necessary).

2.3 The TCOG GIS Program will resolve errors with regard to the above datasets as identified by the client or

through the quality control process.

2.4 Should the City elect to contract for Data Development Services, TCOG will create unlimited new datasets.

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.

2.5 TCOG will provide up to 25 printed maps without fee. Additional maps can be requested and purchased


2.6 TCOG GIS Program Staff will notify the 9-1-1 address applicant, Post Office and City Secretary of new

address.

2 | P a g e

SECTION III. CITY RESPONSIBILITIES

The City of Gunter agrees to perform the following tasks:

3.1 The City will provide copies of all Resolutions, Ordinances, and/or Subdivision Regulations affecting GIS

datasets listed in SECTION II, Paragraph 2.1(c) of this agreement.

3.2 The City shall designate the City Secretary 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 the City.

3.3 The City will provide to the Texoma Council of Governments GIS Program all information necessary for

resolution of errors in the datasets listed in SECTION II, Paragraph 2.1(c) of this agreement.

3.4 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 and 9-1-1 call routing purposes, and may not have been prepared for or

be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground

survey and represents only approximate relative locations. All data is believed to be accurate, but

accuracy is not warranted.


In consideration for the services provided by the Texoma Council of Governments GIS Program, the City of Gunter

agrees to pay the Texoma Council of Governments the amount of $ 2,000, payable over the term of the Agreement

in equal monthly installments on the 1st of each month commencing on October 1, 2013.

SECTION V. TERM; EFFECTIVE DATE

This agreement is effective October 1, 2013, and shall terminate on September 30, 2014, unless terminated earlier

in accordance with Section VI of this Agreement.



mutual agreement so stated and agreed upon in writing. If either party terminates the Agreement wherein

services are provided for a portion of the month, the monthly installment due shall be prorated. No further

installment payments are required once services are terminated.


TEXOMA COUNCIL OF GOVERNMENTS CITY OF GUNTER, TEXAS

_______________________________ ______________________________

Susan B. Thomas, PhD Don Anderson

Executive Director Mayor

Date: __________________________ Date: ________________________

1 | P a g e



and CITY OF VAN ALSTYNE

SECTION I. PURPOSE




The Texoma Council of Governments GIS Program agrees to perform the following GIS Service levels: Addressing,

Data Development, Data Maintenance and Consulting, Custom Flex Mapviewer and Pictometry Online.

1. Addressing: ($3,000) 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

2. Data Development: ($2,000) 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)

3. Data Maintenance and Consulting: ($2,000)

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)

4. Custom Flex Mapviewer – 50 user limit ($4,000)

Access to custom flex application with any available layers up to 45 individual layers and up to 20 separate

services. Feature editing is an option if service 2 is selected.

5. Pictometry Online – 10 user limit ($1,000)

Access to Pictometry Online application that will include parcel and floodplain datasets.

2 | P a g e





process.







City of Van Alstyne agrees to perform the following tasks:



2. City of Van Alstyne 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 City of Van

Alstyne.



SECTION IV. OWNERSHIP, TRANSFERENCE, AND APPROPRIATE USE








3 | P a g e

SECTION V. CONSIDERATION

In consideration of the services provided by Texoma Council of Governments and described herein, City of Van

Alstyne agrees to compensate Texoma Council of Governments for the services rendered in the amount of

$ 12,000.

SECTION VI. EFFECTIVE DATE


Section VII, Termination, below. Renewal or extension of this agreement beyond the effective period requires


SECTION VII. TERMINATION




TEXOMA COUNCIL OF GOVERNMENTS CITY OF VAN ALSTYNE

_______________________________ ______________________________

Susan B. Thomas, PhD Frank Baker

Executive Director City Manager

Date: __________________________ Date: ________________________


THRU: Allison Minton, Client Services Director

FROM: Brenda Smith, Energy Services Program Manager


RE: Community Services Block Grant – Program Year 2014

RECOMMENDATION Authorize submission of the Community Services Block Grant (CSBG) PYE 2014 budget to the Texas Department of Housing & Community Affairs.

BACKGROUND The Community Services Block Grant (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.

DISCUSSION TCOG utilizes the CSBG funds to provide support for staff as well as Energy Services activities such as utility assistance and case management. In 2012, fifty-six families received assistance in pursuing vocational training or continued their education, and over 1,400 families received assistance with utilities payments. Direct payments were made to local vendors such as colleges, utility companies, and other local merchants.

The Texoma Community Services Advisory Committee met on September 30, 2013; they reviewed the budget and proposed activities and recommended authorization of submission. A public hearing was held following the meeting and no negative comments were received regarding the budget and proposed activities.

BUDGET These funds are awarded on a c alendar year basis. The FYE 2014 a ward is anticipated to be $198,856, which is about six percent less than our 2013 funding level.

APPROVAL



September 2014

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

Subrecipient: Texoma Council of Governments

Service Area: Cooke, Fannin & Grayson Counties

COMMUNITY SERVICES BLOCK GRANT PROPOSED BUDGET

FFY 2014

BUDGET CATEGORIES AMOUNT

1.

Personnel

(Detailed on Budget Support Sheet B.1)

$ 83,351

2.

Fringe Benefits


$ 46,677

3.

Travel


$ 3,714

4.

General Purpose Equipment


$ 5,175

5.

Supplies


$ 4,800

6.

Contractual


$ 1,375

7.

Other


$ 10,400

8.

Indirect Costs

(Based on currently approved Plan)

33.35 % Base of 130,028

$ 43,364

TOTAL BUDGET

$ 198,856.00

September 2014

COMMUNITY SERVICES BLOCK GRANT BUDGET

FFY 2014

BUDGET SUPPORT SHEET B.1

Name of Subrecipient: Texoma Council of Governments

PERSONNEL

BUDGET CATEGORIES

JOB TITLE

NO. OF

MONTHS

% OF CSBG

PARTICIPATION

AMOUNT OF

CSBG FUNDS

CSBG STAFF POSITIONS:

Program Manager 12 25% 13,485

Client Services Specialist 12 50% 15,483



Client Services Director 12 10% 6,547

SALARIES FOR PROGRAMS

SUPPORTED WITH CSBG:

Government Services Director 12 20% 12,651

Community Development Planner 12 20% 7,016

Accounting Specialist 12 25% 7,836

Accounting Specialist 12 15% 7,357

Family Self-Sufficiency Manager 12 7.5% 2,729

PAGE TOTAL CSBG FUNDS 83,351

September 2014


FFY 2014



FRINGE BENEFITS F.I.C.A. 11,191.00

UNEMPLOYMENT 780.00

WORKMANS COMP. INSURANCE 1,082.00

HEALTH INSURANCE 22,140.00

DENTAL INSURANCE 2,154.00

LIFE INSURANCE 300.00

RETIREMENT CONTRIBUTION 9,030.00

CSBG BUDGETED AMOUNT 46,677.00

TRAVEL

LOCAL TRAVEL MILES 6000 @ RATE .55 3,300.00

PER DIEM 280.00

TRAVEL 134.00

BOARD MEMBER REIMBURSEMENT


SUPPLIES OFFICE SUPPLIES 2,800.00

MAINTENANCE SUPPLIES

PROGRAM SUPPLIES

POSTAGE 2,000.00

OTHER


September 2014


FFY 2014



EQUIPMENT

Items with a per-unit acquisition cost of $5,000 or greater will require the Department’s written approval

prior to purchase.

DESCRIPTION

PURCHASES

BRAND AND

MODEL

UNIT COST

AMOUNT % OF USAGE

FOR CSBG

Replace Office

Computers (3)

Dell Laptop/Dock

Station 1,725.00 5,175.00 100%

%

%

%

%

%

%

LEASES BRAND AND

MODEL

UNIT COST

AMOUNT % OF USAGE

FOR CSBG

%

%

%

%

%

TOTAL EQUIPMENT 5,175.00

September 2014


FFY 2014



CONTRACTUAL


Rent on Satellite Offices 1,375.00

TOTAL OTHER 1,375.00

September 2014


FFY 2014



OTHER


DIRECT SERVICES TO CLIENTS 10,400.00

TOTAL OTHER 10,400.00


THRU: Randy McBroom, PhD, Planning & Development Director

FROM: CJ Durbin-Higgins, Public Safety Program Manager


RE: Contract with AT&T for 9-1-1 Customer Premise Equipment

RECOMMENDATION Authorize executive director to negotiate and execute a contract between AT&T and TCOG for the purchase of TCOG 9-1-1 Customer Premise Equipment Solution.

BACKGROUND The Texoma Council of Governments 9-1-1 Program provides administration and support on behalf of six 9-1-1 Public Safety Answering Points (PSAPs). The program works to ensure compliance with rules and regulations set forth by the Commission on State Emergency Communications (CSEC). Through a commitment for anticipating and meeting the needs of the Public Safety Answering Points, the program provides coordination between local and state agencies. Projects include strategic planning, compliance, contracts, 9-1-1 call taker training, capital equipment, database maintenance, new technology implementation.

DISCUSSION The TCOG 9-1-1 Advisory Committee reviewed and recommended AT&T as the vendor for the purchase of the 9-1-1 Customer Premise Equipment (CPE). The TCOG Board approved AT&T as the vendor for the equipment at the August meeting. Please see attached draft contract with AT&T for the purchase of 9-1-1 Customer Premise Equipment. The new equipment will replace the current system for the six PSAPs in the TCOG 9-1-1 Program. The PSAPs include: Bonham Police Department, Gainesville Police Department, Whitesboro Police Department, Cooke County Sheriff’s Office, Fannin County Sheriff’s Office, and Grayson County Communication Center.

The contract has been submitted to TCOG legal counsel for review. Dr. Thomas will complete contract negotiations based on suggestions and guidance from our attorney.

BUDGET The total cost of the equipment upgrade project is $936,938.52. There are sufficient 911 funds available for this purchase.

APPROVAL



ua_ver_i.doc UA VER I 07/14/08 Page 1 of 9 eCRM ID ______________

AT&T MA Reference No.

MASTER AGREEMENT (rev. T9B) Customer AT&T Texoma Council of Governments Street Address:1117 Gallagher Suite 300 City: Sherman State/Province: TX Zip Code: 75090 Country: USA

SBC Global Services, Inc. dba AT&T Global Services (“AT&T”)

Customer Contact (for notices) AT&T Contact (for notices) Name: C.J. Durbin-Higgins Title: Public Safety Program Manager Street Address: 1117 Gallagher Suite 300 City: Sherman State/Province: TX Zip Code: 75090 Country: USA Telephone: 903-813-3352 Fax: 903-813-3345 Email: [email protected]

1116 HOUSTON ST FORT WORTH, Texas USA 76102-6416 With a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: [email protected]

This Master Agreement (“Master Agreement”), between the customer named above (“Customer”) and the AT&T entity named above (“AT&T”), is effective when signed by both Customer and AT&T, and continues in effect as long as Services are provided under this Master Agreement. This Master Agreement will apply to all services and equipment Customer buys from AT&T, now and in the future, that are provided under Addenda or Pricing Schedules attached to or referencing this Master Agreement (“Services”). Other Services may be provided by signing additional Addenda or Pricing Schedules at any time. AT&T standard service offerings are described in Tariffs, Guidebooks, Service Guides and other documents identified in this Master Agreement. Customer (by its authorized representative)

AT&T (by its authorized representative)

By:

By:

Name:

Name:

Title:

Title:

Date:

Date:


1. INTRODUCTION 1.1 Overview of Documents . The terms and conditions governing the Services that AT&T provides to Customer are set forth in this Master Agreement, the following additional documents, and any other documents executed by the parties and referencing this Master Agreement (which documents together with this Master Agreement are called “this Agreement”): (a) Pricing Schedules/Addenda . A Pricing Schedule/Addendum (including related attachments) identifies the Services AT&T may provide to Customer, the price (including discounts, if applicable) for each Service, and the term during which such prices are in effect (“Pricing Schedule Term”). (b) Tariffs and Guidebooks . “Tariffs” are documents containing the standard descriptions, pricing, and other terms and conditions for a Service that AT&T files with regulatory commissions. “Guidebooks” are documents containing the standard descriptions, pricing, and other terms and conditions for a Service that were, but no longer are, filed with regulatory commissions. Tariffs and Guidebooks may be found at att.com/servicepublications or other locations AT&T may designate. (c) Acceptable Use Policy . AT&T’s Acceptable Use Policy (“AUP”) applies to Services provided over or accessing the Internet. The AUP may be found at att.com/aup, or other locations AT&T may designate. (d) Service Guides . The description, pricing, and other terms and conditions for the Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which may be found at att.com/servicepublications or other locations AT&T may designate. (e) Statement of Work. The detailed description of the operational and functional conditions for the provision of the services. (f) Appendix. Competitive Access and Technology Security Provisions. 1.2 Priority of Documents . In the event of any conflict, the order of priority of the documents that form this Agreement is: Pricing Schedules/Addenda; this Master Agreement; the Statement of Work; Competitive Access and Technology Security Provisions; the AUP; and Tariffs, Guidebooks and Service Guides; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms. 1.3 Revisions to Documents . Subject to Section 8.2(c) (Materially Adverse Change), AT&T may revise Tariffs, Guidebooks, Service Guides or the AUP (collectively “Service Publications”) at any time. 1.4 Execution by Affiliates . An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this Agreement in its own name and such Affiliate contract will be a separate, but associated, contract incorporating the terms of this Master Agreement with respect to that Pricing Schedule. Customer and AT&T will arrange to have their respective Affiliates comply with this Agreement, regardless of whether an Affiliate has signed a Pricing Schedule. 1.5 Capitalized Terms . Capitalized terms not otherwise defined in this Agreement are defined in Section 11 (Definitions). 2. AT&T DELIVERABLES 2.1 Services . AT&T agrees to either provide or arrange to have an AT&T Affiliate or a third party supplier provide Services to Customer in accordance with this Agreement, subject to availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. The equipment furnished under this Agreement shall be new, unused of the latest product in production to commercial trade and shall be of reasonably high quality as to materials used and workmanship; however, repair items may include equipment refurbished to like-new condition where appropriate. Manufacturers furnishing any equipment shall be experienced in design and construction of such items and shall be an established supplier of the item proposed. Customer reserves the right to inspect and test any Services for compliance with specifications. 2.2 AT&T Equipment . Services may include use of certain equipment owned by AT&T that is located at the Site (“AT&T Equipment”), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to AT&T Equipment (other than ordinary wear and tear) except to the extent caused by AT&T, its Affiliates, or their employees or agents. 2.3 Software . Any software used with the Services will be governed by the written terms and conditions applicable to such software. Title to software remains with AT&T or its supplier. Customer must comply with all such terms and conditions and they take precedence over this Agreement as to such software. To the extent applicable, AT&T hereby grants Customer a fully paid, royalty-free non-exclusive license limited to use of AT&T’s intellectual property and related work product only to the extent necessary to receive the Services provided under this Agreement. 2.4 Construction and Installation. AT&T shall commence and complete its construction and installation activities in accordance with the timelines set forth in this Agreement. AT&T shall perform its construction and installation obligations under this Agreement in such a manner so as not to harm the structural integrity of Customer’s facilities or operating system. AT&T shall repair any damage to Customer’s facilities or operating system caused by its performance of its obligations under this Agreement. 2.5 Warranties . AT&T shall furnish all data pertinent to warranties or guarantees which may apply to Services provided under the Agreement. AT&T shall ensure that all manufacturer’s warranties on all equipment shall be transferable and extended to Customer. AT&T warrants that products sold to Customer shall conform, to the extent applicable, to the standards established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. 3. CUSTOMER’S COOPERATION 3.1 Access Right . Customer will in a timely manner allow AT&T to access property and equipment that Customer controls as reasonably required to provide the Services, and Customer will obtain, at Customer’s expense, timely access for AT&T to property that Customer does not control (other than public property) as reasonably required to provide the Services.


Access rights include the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as well as to use ancillary equipment space within a building, as necessary for Customer’s connection to AT&T’s network. Customer must provide AT&T timely information and access to Customer’s facilities and equipment as AT&T reasonably requires to provide the Services, subject to Customer’s reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items reasonably required to perform installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. 3.2 Safe Working Environment . Customer will ensure that the location at which AT&T installs, maintains or provides Services is a suitable and safe working environment, free of Hazardous Materials. “Hazardous Materials” means any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or soil, or health and safety. AT&T does not handle, remove or dispose of Hazardous Materials, and AT&T has no obligation to perform work at a location that is not a suitable and safe working environment. AT&T will not be liable for any Hazardous Materials. 3.3 Users . “User” means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this Agreement, and Customer agrees that Customer is responsible for Users’ use of any Services, unless expressly provided to the contrary in applicable Service Publications. 3.4 Internet Services . If a Service is provided over or accesses the Internet, Customer, Customer’s Affiliates, and Users must comply with the AUP. 3.5 Resale of Services . Customer may not resell the Services to third parties without AT&T’s written consent. Where permitted under applicable law, Customer may resell the Services to Customer’s Affiliates without AT&T’s consent. 4. PRICING AND BILLING 4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. Unless a Pricing Schedule states otherwise, the prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term. No promotion, credit or waiver set forth in a Service Publication will apply unless the Pricing Schedule states otherwise. At the end of a Pricing Schedule Term, Customer will have the option to either: (a) cease using the Service (which will require Customer to take all steps required by AT&T to terminate the Service); or (b) continue using the Service under a month-to-month service arrangement. Unless a Pricing Schedule states otherwise, during any month-to-month service arrangement, the prices, terms and conditions in effect on the last day of the Pricing Schedule Term will continue until changed by AT&T on 30 days’ prior notice to Customer. 4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of, and Customer will pay, all current and future taxes (excluding those on AT&T’s net income), surcharges, recovery fees, custom clearances, duties, levies, shipping charges, and other similar charges (and any associated interest and penalties resulting from Customer’s failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty, and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. Notwithstanding the foregoing, AT&T acknowledges that Customer claims exemption from all federal excise, state and local taxes unless otherwise stated in this Agreement. Customer claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Appropriate tax exemption certificates will be furnished upon written request to Customer. 4.3 Billing . Unless a Pricing Schedule specifies otherwise, Customer’s obligation to pay for all Services will begin upon installation and availability of the Services to Customer. AT&T will invoice Customer for the Services on a monthly basis, or otherwise as specified in the Pricing Schedule. Customer will pay AT&T without deduction (except for withholding taxes as provided in Section 4.2 – Additional Charges and Taxes), setoff (except as provided in Section 4.5 – Delayed Billing; Disputed Charges), or delay for any reason. At Customer’s request, but subject to AT&T’s consent (which may be withheld if there will be operational impediments or tax consequences), Customer’s Affiliates may be invoiced separately and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer’s Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or Customer’s Affiliates are not creditworthy. 4.4 Payments . Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorney’s fees. AT&T may charge late payment fees (a) for Services contained in a Tariff or Guidebook, at the rate specified therein, or (b) for all other Services, at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law for overdue payments. 4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services invoiced more than 6 months after close of the billing month in which the charges were incurred, except for automated or live operator assisted calls of any type. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charges and the reason it is disputed within 6 months after the date of the affected invoice or Customer waives the right to dispute the charge (except to the extent applicable law or regulation otherwise requires). Disputed charges may be withheld, but if not paid when due, Customer will incur late payment fees in accordance with Section 4.4 (Payments); however, to the extent AT&T


determines the charges Customer disputed and withheld were invoiced in error, late payment fees for such charges will be reversed. 4.6 MARC. Minimum Annual Revenue Commitment (“MARC”) means, to the extent applicable, an annual revenue commitment of MARC-Eligible Charges set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 consecutive month period of the Pricing Schedule Term. At the end of each such 12 month period, if Customer has failed to satisfy the MARC for the preceding 12 month period, Customer will be invoiced a shortfall charge in an amount equal to the difference between the MARC and the total of the applicable MARC-Eligible Charges incurred during the 12 month period, and payment will be due in accordance with Section 4.4 (Payments). 4.7 Adjustments to MARC. (a) In the event of a business downturn beyond Customer’s control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer’s business, or network optimization using other Services, or reduction of AT&T’s prices, or force majeure events, any of which significantly impairs Customer’s ability to meet Customer’s MARC, AT&T will offer to adjust the affected MARC to reflect Customer’s reduced usage of Services (with a corresponding adjustment to the prices or discount available at the reduced MARC level). If the parties reach mutual agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. This Section 4.7 will not apply to a change resulting from Customer’s decision to use service providers other than AT&T. Customer will provide AT&T written notice and evidence of the conditions Customer believes will require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring charges and shortfall charges Customer incurs prior to amendment of the affected Pricing Schedule. (b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T may mutually agree to include the new business or operation under this Agreement. Such agreement will specify the impact, if any, of such addition on Customer’s MARC or other volume or growth discounts, and Customer’s attainment thereof. 4.8 Prompt Payment Act. To the extent there is a conflict between any provision in this Section 4 and a corresponding provision in the Prompt Payment Act or other applicable law regarding billing, payment or deposits, the corresponding provision in the Prompt Payment Act or other applicable law regarding billing, payment or deposits shall supersede and govern. 5. CONFIDENTIAL INFORMATION 5.1 Confidential Information. Confidential Information means: (a) information the parties share with each other in connection with this Agreement or in anticipation of providing Services under this Agreement, but only to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms of this Agreement and any pricing or other proposals. 5.2 Obligations . Each party’s Confidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, which is indefinite): (a) be held in confidence; (b) be used and transmitted between countries only for purposes of using the Services or performing this Agreement (including in the case of AT&T, the ability to utilize Customer’s Confidential Information in order to detect fraud, check quality, and to operate, maintain and repair the Services); and (c) not be disclosed, except to the receiving party’s employees, agents and contractors having a need-to-know (but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure restrictions as restrictive as this Section 5), or to the extent authorized to be revealed by law, governmental authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing party to the extent practicable and not prohibited by law, governmental authority or legal process). 5.3 Exceptions . The restrictions in this Section will not apply to any information that: (a) is independently developed by the receiving party; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement. 5.4 Privacy Laws . Each party is responsible for complying with the privacy laws applicable to its business. If Customer does not want AT&T personnel to comprehend Customer data to which they may have access in performing Services, Customer should encrypt such data so that it will be unintelligible. Until directed otherwise by Customer in writing, if AT&T designates a dedicated account representative as Customer’s primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer’s customer proprietary network information (CPNI) to any employee or agent of Customer without a need for further authentication or authorization. 5.5 Open Records . AT&T acknowledges that Customer is subject to the Public Information Act. If there is a request for disclosure of information relating to this Agreement, Customer shall immediately provide AT&T with notice and a copy of the request prior to disclosing the requested information, so that AT&T may seek an appropriate remedy to protect the disclosure of confidential information. If disclosure is nevertheless required, only that portion of the confidential information legally required to be disclosed shall be provided. 6. DISCLAIMERS AND LIMITATIONS OF LIABILITY 6.1 Disclaimer of Warranties . AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING


CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER), OR GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO, CUSTOMER’S DATA AND CONFIDENTIAL INFORMATION. 6.2 Limitation of Liability. (a) AT&T’S ENTIRE LIABILITY, AND CUSTOMER’S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED BY CUSTOMER’S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS SPECIFIED IN A SERVICE PUBLICATION OR PRICING SCHEDULE, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. (b) SECTION 6.2(a) WILL NOT APPLY TO: (i) BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T’S NEGLIGENCE; (ii) BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity), OR SECTION 10.2 (Trademarks); (iii) SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER SECTION 7 (Third Party Claims); OR (iv) DAMAGES ARISING FROM AT&T’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (c) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS. 6.3 Disclaimer of Liability . AT&T WILL NOT BE LIABLE FOR ANY DAMAGES, EXCEPT TO THE EXTENT CAUSED BY AT&T’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT, OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN THIS AGREEMENT); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS OR ANY SIMILAR EMERGENCY RESPONSE NUMBER); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S, ITS AFFILIATE’S, USERS’, OR THIRD PARTIES’ APPLICATIONS, CONTENT, DATA, PROGRAMS, CONFIDENTIAL INFORMATION, NETWORK, OR SYSTEMS. 6.4 Application and Survival . The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise and whether damages were foreseeable, and will apply so as to limit the liability of each party and its Affiliates, and their respective employees, directors, subcontractors, and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement. 7. THIRD PARTY CLAIMS 7.1 AT&T’s Obligations . AT&T agrees at its expense to defend or settle any third-party claim against Customer, its Affiliates, and its and their respective employees and directors, and to pay all compensatory Damages that a court may finally award against such parties to the extent the claim alleges that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright, or trade secret, but not in circumstances where the claimed infringement arises out of or results from: (a) Customer’s, its Affiliate’s or a User’s content; (b) modifications to the Service by Customer, its Affiliates or third parties, or combinations of the Service with any services or products not provided by AT&T; (c) AT&T’s adherence to Customer’s or its Affiliate’s written requirements; or (d) use of the Service in violation of this Agreement. 7.2 Customer’s Obligations . To the extent permitted by applicable law, customer agrees at its expense to defend or settle any third-party claim against AT&T, AT&T’s Affiliates, and its and their respective employees, directors, subcontractors, and suppliers, and to pay all compensatory Damages that a court may finally award against such parties to the extent the claim: (a) arises out of Customer’s, its Affiliate’s, or a User’s access to, or use of, the Services and the claim is not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret, and falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliates, or Users of a software license agreement governing software provided in connection with the Services. 7.3 Infringing Services . Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes non-infringing. 7.4 Notice and Cooperation . The party seeking defense or settlement of a third party claim under this Section 7 will notify the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced thereby. The party seeking defense or settlement will allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense; but the defending party will use counsel reasonably experienced in the subject matter at issue, and will not settle a claim without the consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required where relief on the claim is limited to monetary damages that are paid by the defending party under this Section 7. 8. SUSPENSION AND TERMINATION


8.1 Termination of Agreement . This Agreement may be terminated immediately upon notice by either party if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding, or makes an assignment for the benefit of its creditors. 8.2 Termination or Suspension of Services . The following additional termination provisions apply: (a) Fraud or Abuse . AT&T may terminate or suspend an affected Service, and if the activity implicates the entire Agreement, terminate the entire Agreement, immediately by providing Customer with as much advance notice as is reasonably practicable under the circumstances if Customer: (i) commits a fraud upon AT&T; (ii) utilizes the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T’s network or Service; or (v) interferes with another customer’s use of AT&T’s network or services. (b) Material Breach . If either party fails to perform or observe any material term or condition of this Agreement, including non-payment of charges (subject to Section 4.5 – Delayed Billing; Disputed Charges), and such failure continues unremedied for 30 days after receipt of notice, the non-breaching party may terminate the affected Service, and if the breach implicates the entire Agreement, terminate the entire Agreement. If Customer is in breach, AT&T may elect to suspend (and later terminate) the affected Service, and if the breach implicates the entire Agreement, suspend (and later terminate) the entire Agreement. (c) Materially Adverse Change . If AT&T revises a Service Publication and the revision has a materially adverse impact on Customer, and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after notice from Customer, then Customer may, as Customer’s sole remedy, elect to terminate the affected Service Components on 30 days’ notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. However, a revision to a Service Publication will not be considered materially adverse to Customer if it changes prices that are not fixed (stabilized) in a Pricing Schedule, if the price change was mandated by a governmental authority, or if the change affects a charge imposed under Section 4.2 (Additional Charges and Taxes). (d) Internet Services . If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the applicable portion of the Service. AT&T has the right; however, to suspend or terminate the applicable portion of the Service immediately when: (i) AT&T’s suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines: (a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of AT&T’s network or networks with which AT&T is interconnected or interfere with another customer’s use of AT&T Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T’s customers or their respective employees. (e) Infringing Services . If neither of the options described in Section 7.3 (Infringing Services) are reasonably available, AT&T may terminate the affected Service without liability other than as stated in Section 7.1 (AT&T’s Obligations). (f) Hazardous Materials . If AT&T encounters any Hazardous Materials at the Site where AT&T is to install, maintain or provide Services, AT&T may terminate the affected Service or Service Component, or suspend performance until Customer removes and remediates Hazardous Materials at Customer’s expense in accordance with applicable law. 8.3 Withdrawal of Services . Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to Customer for a Pricing Schedule Term, and unless applicable law or regulation mandates otherwise, AT&T may discontinue providing a Service upon 12 months’ notice, or a Service Component upon 120 days’ notice, but only where AT&T generally discontinues providing the Service or Service Component to similarly–situated customers. 8.4 Effect of Termination. (a) Termination by either party of a Service does not waive any other rights or remedies a party may have under this Agreement. Termination or suspension of a Service will not affect the rights and obligations of the parties regarding any other Service. (b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination. If Customer terminates a Service or Service Component prior to the date Customer’s obligation to pay for Services begins as provided in Section 4.3 (Billing), Customer will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from the termination. 8.5 Termination Charges. (a) If Customer terminates this Agreement or an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), 8.2(b) (Material Breach), or 8.2(c) (Materially Adverse Change); AT&T terminates a Service pursuant to Section 8.2(e) (Infringing Services), or AT&T withdraws a Service pursuant to Section 8.3 (Withdrawal of Services), Customer will not be liable for the termination charges set forth in Section 8.5(b). (b) If Customer terminates a Service or Service Component other than as set forth in Section 8.5(a), or AT&T terminates an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), or 8.2(a) (Fraud or Abuse), 8.2(b) (Material Breach), 8.2(d) (Internet Services), or 8.2(f) (Hazardous Materials), Customer will pay applicable termination charges as follows: (i) if termination occurs before the end of the Minimum Payment Period, Customer will pay 50% (unless a different percentage is specified in the Pricing Schedule) of the monthly recurring charges for the terminated Service or Service Component multiplied by the months remaining in the Minimum Payment Period, plus any waived or unpaid non-recurring charges identified in the Pricing Schedule (including, but not limited to, any and all charges for failure to satisfy a Minimum Retention Period (MRP)), plus any charges incurred by AT&T from a third party (e.g., not an AT&T Affiliate) due to the termination, all of which will, if applicable, be applied to Customer’s MARC-Eligible Charges; and (ii) if Customer


terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC, after applying amounts received pursuant to (i), for the balance of the Pricing Schedule Term. (c) The charges set forth in Section 8.5(b)(i) will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if (i) the Minimum Payment Period and associated charge for the replacement Service Component are equal to or greater than the Minimum Payment Period and associated charge for the terminated Service Component, and (ii) the upgrade is not restricted in the applicable Service Publication. 9. IMPORT/EXPORT CONTROL The parties acknowledge that equipment, services, software, and technical information (including technical assistance and training) provided under this Agreement may be subject to import and export laws, conventions or regulations, and any use or transfer of the equipment, products, software, and technical information must be in compliance with all such laws, conventions and regulations. The parties will not use, distribute, transfer, or transmit the equipment, services, software, or technical information (even if incorporated into other products) except in compliance with such laws, conventions and regulations. Customer, not AT&T, is responsible for complying with such laws, conventions and regulations for all information, equipment and software Customer transmits between countries using the Services. 10. MISCELLANEOUS PROVISIONS 10.1 Title Transfer . To the extent that title of goods is to pass to Customer from AT&T, title and risk of loss of goods shall not pass to Customer until Customer actually receives and takes possession of the goods at the designated point of delivery. 10.2 Publicity . Neither party may issue any public statements or announcements relating to the terms of this Agreement or the provision of Services without the prior written consent of the other party. 10.3 Trademarks . Each party agrees not to display or use, in advertising or otherwise, any of the other party’s trade names, logos, trademarks, service marks, or other indicia of origin without the other party’s prior written consent, which consent may be revoked at any time by notice. 10.4 Force Majeure . Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond such party’s reasonable control. 10.5 Amendments and Waivers . Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement. 10.6 Assignment and Subcontracting. (a) This Agreement may not be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). Customer may, without AT&T’s consent, but upon notice to AT&T, assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, but Customer will remain financially responsible for the performance of such obligations. AT&T may, without Customer’s consent, assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, or subcontract to an Affiliate or a third party work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. (b) In countries where AT&T does not have an Affiliate to provide Service, AT&T may assign its rights and obligations related to a Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries, Customer may be required to contract directly with the local service provider. (c) Any assignment other than as permitted by this Section 10.5 is void. 10.7 Severability . If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.10 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in good faith to substitute for such invalid, illegal, or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties. 10.8 Injunctive Relief . Nothing in this Agreement is intended, or should be construed, to limit a party’s right to seek preliminary or permanent injunctive relief from a court of competent jurisdiction for a breach of any provision of this Agreement. 10.9 Legal Action . To the extent permitted by applicable law, any legal action arising in connection with this Agreement must be filed within 2 years after the cause of action accrues or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary. Venue for any legal action arising in connection with this Agreement lies exclusively in the state courts in the county in which Customer’s principal place of business is located. 10.10 Notices . All notices required under this Agreement will be delivered in writing to the recipient's contact designated on the cover page of this Master Agreement, or to such other contact as designated in writing from time to time. Notices shall be by internationally recognized overnight courier, certified or registered mail, email, or facsimile and will be effective upon receipt or when delivery is refused, whichever occurs sooner. 10.11 Governing Law . This Agreement will be governed by the law of the State of Texas, without regard to its conflict of law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention on Contracts for International Sale of Goods will not apply. 10.12 Appropriations; Funding . By executing a Pricing Schedule, Customer warrants that Customer has funds appropriate and available to pay all amounts due thereunder through the end of Customer’s current fiscal period. Customer further agrees to request all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of the Pricing Schedule Term. In the event Customer is unable to obtain the necessary appropriations or


funding for the Services provided under a Pricing Schedule, Customer may terminate the Pricing Schedule without liability for the termination charges set forth in this Agreement, including any Pricing Schedule, upon the following conditions: (i) Customer has taken all actions necessary to obtain adequate appropriations or funding; (ii) despite Customer’s best efforts, funds have not been appropriated and are otherwise unavailable to pay for the Services; and (iii) Customer has negotiated in good faith with AT&T to develop revised terms, an alternative payment schedule or a new Pricing Schedule to accommodate Customer’s budget. Customer must provide AT&T thirty (30) days’ written notice of its intent to terminate a Pricing Schedule under this Section. Termination of a Pricing Schedule for failure to obtain necessary appropriations or funding shall be effective as of the last day for which funds were appropriated or otherwise made available. If Customer terminates a Pricing Schedule under this Section, Customer agrees as follows: (i) it will pay all amounts due for Services incurred through date of termination, and reimburse all unrecovered non-recurring charges; and (ii) it will not contract with any other provider for the same or substantially similar services or equipment for a period equal to the original Pricing Schedule Term. 10.13 Compliance with Laws . Each party will comply with all applicable laws, regulations, and orders issued by courts or other governmental bodies of competent jurisdiction. AT&T acknowledges that the Services provided under this Agreement are an essential part of the 9-1-1 public safety network infrastructure. Subject to Section 3.1 above, AT&T agrees to obtain and maintain all permits, licenses and governmental approvals necessary to perform its obligations under this Agreement. AT&T will cause its employees, agents, subcontractors and authorized representatives to comply with all safety rules and regulations and all applicable licensing requirements for the purpose of performing any and all work required under this Agreement. Notwithstanding anything to the contrary, AT&T will not take any action under this Agreement that would result in imminent harm to the 9-1-1 network or public safety. 10.14 No Third Party Beneficiaries . This Agreement is for the benefit of Customer and AT&T, and does not provide any third party (including Users) the right to enforce or bring an action for any remedy, claim, liability, reimbursement, cause of action, or other right or privilege. 10.15 AT&T Representations and Warranties . AT&T represents and warrants to Customer that: (a) AT&T has the requisite authority to enter into this Agreement and to perform its obligations under this Agreement; (b) AT&T has obtained all necessary governmental approvals to perform its obligations under this Agreement; and (c) AT&T is technically capable of performing its obligations under this Agreement. 10.16 Arbitration. Subject to applicable law, all claims or disputes arising from the agreement shall be settled by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules (subject to the requirements of the Federal Arbitration Act) and any judgment on any award rendered may be entered and enforced in any court having jurisdiction. The parties waive any right to trial by jury or to participate in or initiate class actions; if the parties cannot waive these rights, this entire section is null and void. 10.17 Survival . The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations set forth in Section 5 (Confidential Information), Section 6 (Disclaimers and Limitations of Liability), and Section 7 (Third Party Claims), will survive termination or expiration. 10.18 Agreement Language . The authentic language of this Agreement is English. If there is a conflict between this Agreement and any translation, the English version will take precedence. 10.19 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to the Services provided under this Agreement. Except as provided in Section 2.3 (Software), this Agreement supersedes all other agreements, proposals, representations, statements or understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Agreement. 11. DEFINITIONS The following terms have the meanings set forth below: “Affiliate ” of a party means any entity that controls, is controlled by, or is under common control with, such party. “Damages ” means collectively all injury, damage, liability, loss, penalty, interest and expense incurred. “Effective Date” means, for any Pricing Schedule, the date on which the last party signs the Pricing Schedule unless a later date is required by regulation or law. “MARC-Eligible Charges ” means, unless the applicable Pricing Schedule indicates otherwise, the recurring and usage charges, after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer for the Services identified in the applicable Pricing Schedule as MARC-contributing. The following are not MARC-Eligible Charges: (a) charges for or in connection with Customer’s purchase of equipment; (b) taxes; and (c) charges imposed in connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges). “Minimum Payment Period” means, in respect to any Service, the minimum period for which Customer is required to pay recurring charges for the Service, as specified in the Pricing Schedules or Service Publication for that Service. “Minimum Retention Period” means, in respect to any Service, the period of time for which Customer is required to maintain service to avoid the payment of certain credits, waived charges, or unpaid amortized charges, all as specified in the Pricing Schedule or Service Publication for that Service. “Service Component ” means an individual component of a Service provided under this Agreement.


“Site ” means Customer’s physical location, including Customer’s collocation space on AT&T’s, its Affiliate’s, or subcontractor’s property, where AT&T installs or provides a Service.


THRU: Randy McBroom, PhD, Planning & Development Director

FROM: CJ Durbin-Higgins, Public Safety Program Manager


RE: FY2013 State Homeland Security Program Planning and M&A Award

RECOMMENDATION Accept the TCOG FY2013 State Homeland Security Program (SHSP) COG Planning, Management & Administrative Sub-Recipient Awards from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency.

BACKGROUND TCOG staff along with the TCOG Homeland Security Advisory Committee facilitates and execute the Homeland Security Funding Process with the Governor’s Division of Emergency Management. This pro-cess includes stakeholders from the counties of Cooke, Fannin, and Grayson. Using state priority guid-ance, 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 (SHSP) and Law Enforcement Terrorism Prevention Activity, (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 activity and actions are conduct-ed pursuant to published by-laws. The current chair of the committee is Creta Carter, Fannin County Judge.

DISCUSSION On July 22, 2013 TCOG received a regional allocation for Homeland Security Grant Program for FY2013. TCOG was allocated $34,736 for the FY2013 State Homeland Security Program (SHSP) to support general planning and a regional risk assessment project and $11,162 for the Management and Administration (M&A) of the FY2013 SHSP & LETPA for the Texoma Region. TCOG received the FY2013 Sub-Recipient Agreement awards from the Texas Department of Public Safety, Texas Home-land Security State Administrative Agency and must be submitted on or before November 4, 2013. (See attached documents)

BUDGET The TCOG planning budget has been reduced from $37,615.06 for FY2012 to $31,297 for 2013. This level of funding will not be sufficient to maintain the current level of service and management has tak-en steps to increase efficiency and enlist available resources to accommodate the budget reduction.

APPROVAL



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Texas Homeland Security State Administrative Agency Minimum Planning & Grant Management Responsibilities for COG Regions

Minimum Planning Activities

• Participate in the Emergency Management and Homeland Security Advisory committees and coordination centers.

• Participate in advisory committee and working groups for local, regional and state planning. Work with local jurisdictions and subject matter experts to assess the risks and threats of man-made, technological and natural hazards and identify gaps in regional capabilities (THIRA and SPR). Coordinate development of the region’s annual Implementation Plan for the Texas Homeland Security Strategic Plan in accordance with THSSAA guidance. Submit information as directed by the THSSAA.

• Develop and implement a regional methodology for risk-informed prioritization of local jurisdiction projects. Submit the methodology, prioritization process, meeting minutes and any other required supporting documentation by the date specified by the THSSAA.

• Review, prioritize and submit local projects to sustain and close gaps in capabilities at the direction of the THSSAA.

• Respond to requests for information from DHS, TDEM, THSSAA, the Texas Office of Homeland Security, TARC, and/or other homeland security programs.

• Promote and disseminate information on the Citizen Corp Program.

• Assist with coordination and preparation of the region’s input to the annual DHS Critical Infrastructure and Key Resources data call.

• As a local government, per 6 U.S.C 101(11) and Texas Government Code Chapter 391, maintain the National Incident Management System (NIMS).

• Assist in identifying shortfalls in local jurisdictions’ training and exercise needs and promote, host or facilitate training and HSEEP-compliant exercises for local jurisdictions, officials and emergency responders. Participate in TDEM’s Training and Exercise Planning Workshops

• Participate in homeland security training in accordance with THSSAA guidance.

• Facilitate and support public-private coordination and partnership to enhance homeland security preparedness in the region.

• Ensure Interoperable Communications Projects submitted for funding are consistent with SCIP

Planning Activities As Needed • As needed, staff and support Emergency Management and Homeland Security Advisory

Committees and coordination centers.

• Facilitate the development of regional operational and capability development plans, where applicable.

• Assist jurisdictions, as needed, with:

o The adoption of mutual aid agreements o Adopting and implementing NIMS o Understanding and implementing State emergency planning requirements, including

local or interjurisdictional emergency operations plans o Developing protection/prevention plans for critical infrastructure and key resources

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Grant Management and Administration (M&A)

Minimum Activities

• Provide guidance to sub-recipients in the region, on the procedures for expenditures, reimbursements, and timely performance of project objectives.

• Assist local jurisdictions within the region, as needed, in using the selected state grant management system and equipment inventory system, currently the State Preparedness and Assessment Reporting System (SPARS) and Texas Regional Response Network (TRRN).

• Review and approve expenditure requests submitted by the local jurisdictions, within the region, in SPARs in compliance with State and federal guidelines.

• Complete quarterly grant expenditure and programmatic progress reports. Assist local jurisdictions with quarterly grant expenditure and programmatic progress reports when necessary as determined by the region.

• Participate in THSSAA conference calls

• Disseminate information on homeland security grant programs, requirements, deadlines and Federal and state-issued guidance to local governments generally within 3 business days of receipt.

• Notify jurisdictions concerning current grant eligibility status, and, as necessary, assist the jurisdictions within the region in correcting any deficiencies.

• Enter jurisdictions’ projects, including milestones and project management information, into the grant management program to facilitate the timely distribution of funding to jurisdictions and obligation of funds to approved projects.

• Monitor the jurisdictions’ and the COG’s financial and project performance including monitoring the entire region’s management and administration (M & A) allocation.

• Provide a budget (as requested and in a format designated by the THSSAA), for the COG’s Planning and M&A activities, that identifies planned expenditures by category and by specific AEL code.

• Enter data for Initial Strategy Implementation Plan (ISIP) and the Biannual Strategy Implementation Report (BSIR) as requested by the THSSAA.

• Conduct grant administrative training for jurisdictions within the region in accordance with THSSAA guidance.

• Attend THSSAA grant administrative training in accordance with THSSAA guidance.

• In person or by teleconference (when attendance is cost-prohibitive), attend entrance and exit conferences for on-site monitoring visits in the region as necessary as determined by the region or the jurisdiction.

• Provide technical assistance to monitored jurisdictions, as requested by the jurisdiction or THSSAA, to assist in implementing the Technical Assistance/Corrective Action Plan.

• Respond to data calls

Texas Department of Public Safety

2013 Sub-Recipient Award for

Texoma COG

1. General Award Information Reference/Encumbrance No:

Date of Award: September 20, 2013 Prepared By: Youngs, Jamie 3. SAA Award Number: 13-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-2013-SS-00045

Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate

Date Federal Grant Awarded to TxDPS: September 1, 2013

CFDA: 97.067

6. Award Amount and Grant Breakdowns

SHSP

$34,736.00

Grant Period:

From:

Sep 1, 2013

To:

May 31, 2015

(The SAA must receive all invoices by the end of grant period)

7. Statutory Authority for Grant: The Department of Homeland Security Appropriations Act, 2013, (Public Law 113-6), and theHomeland Security Act of 2002 (Public Law 107-296), as amended by section 101 of the Implementing Recommendations of the 9/11Commission Act of 2007 (Public Law 110-53).

8. Method of Payment: Primary method is reimbursement.

9. Debarment/Suspension Certification: The Sub-Recipient certifies that the sub-recipient and its contractors/vendors are notdebarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and donot have active Exclusions listed at https://www.sam.gov/portal/public/SAM/

10. Agency Approvals

Approving TxDPS Official:

Machelle PharrDeputy 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: November 4, 2013 Signed Award with Terms and Conditions must be returned to [email protected] on or before thedue date.

2013 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.

Grant Sub-recipient AgreementThis Grant Sub-recipient Agreement (consisting of this 2013 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 2013 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 2013 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.

Overview and Performance StandardsAll allocations and use of funds under this Grant shall be in accordance with the FY 2013 Funding Opportunity Announcement (FOA) for theFederal Grant Title specified on this Grant, and such FY 2013 FOA is incorporated by reference herein. Sub-recipient shall read, understandand accept the FY 2013 Funding Opportunity Announcement as binding.

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”

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.

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 its grant award, shall provide information to DPS/THSSAA to assist with thelegally-required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHPScreening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA forreview. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act,the Endangered 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.

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) days after DPS/THSSAA requests such 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.

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.

Uniform Administrative Requirements, Cost Principals 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.

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 2013 FundingOpportunity Announcement and supplemental resources for the HSGP currently available athttps://s3-us-gov-west-1.amazonaws.com/dam-production/uploads/20130726-1916-25045-6176/fy_2013_hsgp_foa.pdf and the NonprofitSecurity Grant Program (NSGP),

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https://s3-us-gov-west-1.amazonaws.com/dam-production/uploads/20130726-1916-25045-6176/fy_2013_hsgp_foa.pdf

https://s3-us-gov-west-1.amazonaws.com/dam-production/uploads/20130726-1916-25045-0844/fy_13_nsgp_foa_final.pdf

https://s3-us-gov-west-1.amazonaws.com/dam-production/uploads/20130726-1916-25045-0844/fy_13_nsgp_foa_final.pdf.

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 10, 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.

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 GAN to the jurisdiction.

State Requirements for Grants Sub-recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limitedto the laws 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.governor.state.tx.us/files/state-grants/UGMS062004.doc 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 a grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701,unless the law enforcement agency requesting the grant is in compliance with all rules developed by the Commission on Law EnforcementOfficer Standards and Education or the Commission on Law Enforcement Officer Standards and Education certifies that the requestingagency is in the process of achieving compliance with such rules.

2. Grant funds may not be granted 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 to a unit of local government unless the following limitations and reporting requirements arePage 4 OF 18


http://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdf

http://www.txdps.state.tx.us/director_staff/saa/information_bulletins.htm

http://www.governor.state.tx.us/files/state-grants/UGMS062004.doc


http://www.txdps.state.tx.us/director_staff/saa/documents/subrecipientManual.pdf

3. Grant funds may not be expended to 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, including not using any money or vehicle to support the candidacyof any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a politicalpurpose; and not using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, orusing grant funds to pay dues to an organization with a registered lobbyist;

c. Texas Government Code Sections 2113.012 and 2113.101 including not using grant funds to compensate any employee who usesalcoholic beverages on active duty plus 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 requiring Sub-recipients to make every effort to attain key performance targetlevels associated with this grant award, 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, including grant funds may onlybe expended if Sub-recipient timely completes and files its reports.

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, 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 funds for the categories of costs listed below. For additional details onrestrictions on the use of funds, refer to the FY 2013 HSGP 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 COG or an Urban Area Security Initiative (UASI)governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board.

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


P.O. Box 4087

Austin, TX 78773-0220

H. Points of Contacts. Within 30 days of any change, Sub-recipient shall notify DPS/THSSAA of any change or correction to the chiefelected official, program, and/or financial points of contact in the DPS/THSSAA grant management system.

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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 www.ccr.gov, www.sam.gov/, or other federally established site for contractor registration, and entered DPS/THSSAA-required information. Sub-recipientshall keep current, and then review and update the CCR information at least annually. Sub-recipient shall keep information current in theCCR/SAM database until the later of when it submits this Grant's final financial report or receives final grant award payment. Sub-recipientagrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee'smandatory DUNS number. See section .210 of OMB Circular A-133, Audits of States, Local Governments, 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 emailedto [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.ccr.gov, www.sam.gov/, or other federallyestablished replacement site. By signing this Grant, Sub-recipient certifies that, if required, Sub-recipient's jurisdiction has alreadyregistered, entered the required information, and shall keep information in the CCR/SAM database current, and update the information atleast annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub-recipientagrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number.

M. Direct Deposit. If Sub-recipient has not received HSGP reimbursements from DPS/THSSAA within the past eleven (11) months (priorto date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub-recipientshall be emailed to [email protected]. The email subject line and attachment name shall include the jurisdiction name and identify thedocument 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 has beensent 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 granted 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 granted 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 orovertime/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 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: "This material is based upon work supported by the U.S. Department of HomelandSecurity. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarilyrepresenting 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 Federal funding whenissuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded inwhole or in part with Federal funds.

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http://fedgov.dnb.com/webform

http://www.ccr.gov

http://www.sam.gov/

http://harvester.census.gov/sac/dissem/asp/reports.asp

http://www.ccr.gov

http://www.sam.gov/

mailto:[email protected]

http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdf

https://www.sam.gov/portal/public/SAM/

http://www.fema.gov/grants/grant-programs-directorate-information-bulletins


http://www.txdps.state.tx.us/director_staff/saa/audit_and_compliance.htm

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, etc., including use of the United States CoastGuard 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) day afterthe 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 requirements of EO 13166,Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discriminationincludes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Sub-recipient shall takereasonable steps to ensure that LEP persons have meaningful access to Sub-recipient’s programs. Meaningful access may entail providinglanguage assistance services, including oral and written translation, where necessary. Sub-recipient is encouraged to consider the need forlanguage services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. Forassistance and information regarding LEP obligations, go to 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 Comptroller General‘sguidelines.

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.

Page 7 OF 18

http://www.lep.gov

DPS/THSSAA is authorized to terminate this award, 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. Classified Security Condition

1. No funding under this award shall be used to support a contract, sub-award, or other agreement for goods or services that will includeaccess to classified national security information if the award recipient has not been approved for that access to such information.

2. “Classified national security information” as defined in Executive Order (EO) 12958, as amended, means information that has beendetermined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicateits classified status when in documentary form.

3. Where an award recipient has been approved for and has access to classified national security information, no funding under thisaward shall be used to support a contract, sub-award, or other agreement for goods or services that will include access to classified nationalsecurity information by the contractor, sub-awardee, or other entity without prior written approval from the DHS Office of Security, IndustrialSecurity Branch Program (ISBP), or an appropriate official within the Federal department or agency with whom the classified effort will beperformed.

4. Such contracts, sub-awards, or other agreements shall be processed and administered in accordance with the DHS “StandardOperation Procedures, Classified Contracting by States and Local Entities,” dated July 7, 2008: EO’s 12829, 12959, 12968, as amended;the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives or instruction. Allsecurity requirement documents are currently located at:http://www.dhs/.ov/xopnbiz/grants/index.shtm.

5. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract,sub-award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub-award, or otheragreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and processinginstructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346, Email: DD254AdministrativeSecujjidhs.gov, Mail:Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASD/lndustrial Security Program Branch, Washington, DC. 20528.

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 which setforth 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 CFR 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.

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 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 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 Objectives

Page 8 OF 18

http://www.dhs.gov/xopnbiz/grants/index.shtm

http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june2010.pdf

http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf

http://www.fema.gov/implementation-and-compliance-guidance-stakeholders#item4

outlined by FEMA at http://www.fema.gov/implementation-and-compliance-guidance-stakeholders#item4.

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.

D. Regional Planning Commissions/Council of Governments (COGs) shall follow guidelines listed in the DPS/THSSAA FY2013 COGStatement of Work.

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.

AuditAudit 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). 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.

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.

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.

Sub-recipient’s Facilitation of Audit. Sub-recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant tothis 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.

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.

Retention and Accessibility of RecordsRetention 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 CFR 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.

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.

Inclusion in Subcontracts. Sub-recipient shall include the substance of the Retention of Records and Access to Records section herein in allsubcontracts.

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.

Legal AuthoritySignatory Authority. Sub-recipient assures and guarantees that Sub-recipient possesses the legal authority to enter into this Grant, receivegrant funds and to perform the project Sub-recipient has obligated itself to perform pursuant to this Grant.

Authorized Representative. The person or persons signing and executing this Grant on Sub-recipient’s behalf do warrant and guarantee

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http://www.fema.gov/emergency/nims/ResourceMngmnt.shtm#item3

that 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.

Conflicts in Requirements. If conflict exists between federal, state, or local requirements, Sub-recipient shall comply with the strictestrequirement.

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.

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.

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.

Changes and AmendmentsModification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing,any subsequent request for funds indicates Sub-recipient’s acceptance of the changes to the award. Any alteration, addition, or deletion tothis Grant by Sub-recipient is not valid.

Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shallbe made through an executed Grant Adjustment Notice (GAN).

Authority to Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serve toestablish, interpret or clarify this Grant’s performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMAin the form of Information Bulletins and Sub-recipient Manuals and shall have the effect of modifying this Grant and shall be binding uponSub-recipient as if written in this Grant.

Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federaland state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall becomeeffective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessaryto this Grant after an award has been made, including changes to the period of performance or terms and conditions, Sub-recipient shall benotified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Sub-recipient’sacceptance of the changes to this Grant.

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.

VenueVenue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas.

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.

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:

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.

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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, that is, deny both 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.

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.

Closing of the 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 Grant Adjustment Notice (GAN) to recover the unused funds. Sub-recipient will return the funds to theDPS/THSSAA within 30 days 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 agreement.

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 the award; 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 award. “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 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 Government

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Principals 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 program.

Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________


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EXHIBIT BASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D


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 thisagreement.

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 the assistance; 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 the project.

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 assistance awarding agency or State.



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-based painin 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).


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 of

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1974 (16 U.S.C. §§469a-1 et seq).


19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policiesgoverning this program.

Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________


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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 subcontract, 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-recipients can accessdebarment information by going to www.epls.gov or www.sam.gov and the State Debarred Vendor Listwww.window.state.tx.us/procurement/prog/vendor_performance/debarred.2. Have not within a three-year period preceding this agreement 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; and4. Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State, or local) terminatedfor cause or default; or5. Where the sub-recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to thisagreement. (Federal Certification)

E. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have beenappropriated for the same purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federalresources occurred for reasons other than the receipt or expected receipt of federal funds.

F. Sub-recipient must comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and sub-recipient must requiresuch compliance in any sub-grants or contract at the next tier.

G. Drug-free Workplace Act, as amended, 41 U.S.C. §701 et seq. – Requires the recipient to publish a statement about its drug-freeworkplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will beinvolved in award-supported activities at any site where these activities will be carried out. Also, place(s) where work is being performedunder the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer ofany employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part17. Sub-recipient shall comply with the requirements of the Drug-Free Workplace Act of 1988, which requires that all organizationsreceiving grants from any Federal agency agree to maintain a drug-free workplace.

H. Sub-recipient agrees that it is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes,audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information andguidance.

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 program.

J. Sub-recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reductionof grant funds.

Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________


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http://www.epls.gov

http://www.sam.gov

http://www.window.state.tx.us/procurement/prog/vendor_performance/debarred

EXHIBIT DState of Texas Assurances


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

Page 17 OF 18

control 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 GovernmentPrincipals 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. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibilitydetermined by any federal, state, or local governmental entity and it is not listed on a state or federal government’s terrorism watch list asdescribed in Executive 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 ______________________________________


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2013 Sub-Recipient Award for

Texoma COG

1. General Award Information Reference/Encumbrance No:

Date of Award: September 20, 2013 Prepared By: Youngs, Jamie 3. SAA Award Number: 13-SR 99023-02

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-2013-SS-00045

Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate

Date Federal Grant Awarded to TxDPS: September 1, 2013

CFDA: 97.067

6. Award Amount and Grant Breakdowns

SHSP M&A

$11,162.00

Grant Period:

From:

Sep 1, 2013

To:

May 31, 2015

(The SAA must receive all invoices by the end of grant period)

7. Statutory Authority for Grant: The Department of Homeland Security Appropriations Act, 2013, (Public Law 113-6), and theHomeland Security Act of 2002 (Public Law 107-296), as amended by section 101 of the Implementing Recommendations of the 9/11Commission Act of 2007 (Public Law 110-53).

8. Method of Payment: Primary method is reimbursement.

9. Debarment/Suspension Certification: The Sub-Recipient certifies that the sub-recipient and its contractors/vendors are notdebarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and donot have active Exclusions listed at https://www.sam.gov/portal/public/SAM/

10. Agency Approvals

Approving TxDPS Official:

Machelle PharrDeputy 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: November 4, 2013 Signed Award with Terms and Conditions must be returned to [email protected] on or before thedue date.

2013 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.

Grant Sub-recipient AgreementThis Grant Sub-recipient Agreement (consisting of this 2013 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 2013 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 2013 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.

Overview and Performance StandardsAll allocations and use of funds under this Grant shall be in accordance with the FY 2013 Funding Opportunity Announcement (FOA) for theFederal Grant Title specified on this Grant, and such FY 2013 FOA is incorporated by reference herein. Sub-recipient shall read, understandand accept the FY 2013 Funding Opportunity Announcement as binding.

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”

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.

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

Page 2 OF 18

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 its grant award, shall provide information to DPS/THSSAA to assist with thelegally-required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHPScreening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA forreview. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act,the Endangered 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.

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) days after DPS/THSSAA requests such 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.

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.

Uniform Administrative Requirements, Cost Principals 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.

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 2013 FundingOpportunity Announcement and supplemental resources for the HSGP currently available athttps://s3-us-gov-west-1.amazonaws.com/dam-production/uploads/20130726-1916-25045-6176/fy_2013_hsgp_foa.pdf and the NonprofitSecurity Grant Program (NSGP),

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https://s3-us-gov-west-1.amazonaws.com/dam-production/uploads/20130726-1916-25045-6176/fy_2013_hsgp_foa.pdf


https://s3-us-gov-west-1.amazonaws.com/dam-production/uploads/20130726-1916-25045-0844/fy_13_nsgp_foa_final.pdf.

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 10, 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.

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 GAN to the jurisdiction.

State Requirements for Grants Sub-recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limitedto the laws 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.governor.state.tx.us/files/state-grants/UGMS062004.doc 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 a grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701,unless the law enforcement agency requesting the grant is in compliance with all rules developed by the Commission on Law EnforcementOfficer Standards and Education or the Commission on Law Enforcement Officer Standards and Education certifies that the requestingagency is in the process of achieving compliance with such rules.

2. Grant funds may not be granted 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 to a unit of local government unless the following limitations and reporting requirements arePage 4 OF 18


http://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdf

http://www.txdps.state.tx.us/director_staff/saa/information_bulletins.htm



http://www.txdps.state.tx.us/director_staff/saa/documents/subrecipientManual.pdf

3. Grant funds may not be expended to 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, including not using any money or vehicle to support the candidacyof any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a politicalpurpose; and not using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, orusing grant funds to pay dues to an organization with a registered lobbyist;

c. Texas Government Code Sections 2113.012 and 2113.101 including not using grant funds to compensate any employee who usesalcoholic beverages on active duty plus 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 requiring Sub-recipients to make every effort to attain key performance targetlevels associated with this grant award, 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, including grant funds may onlybe expended if Sub-recipient timely completes and files its reports.

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, 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 funds for the categories of costs listed below. For additional details onrestrictions on the use of funds, refer to the FY 2013 HSGP 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 COG or an Urban Area Security Initiative (UASI)governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board.

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


P.O. Box 4087

Austin, TX 78773-0220

H. Points of Contacts. Within 30 days of any change, Sub-recipient shall notify DPS/THSSAA of any change or correction to the chiefelected official, program, and/or financial points of contact in the DPS/THSSAA grant management system.

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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 www.ccr.gov, www.sam.gov/, or other federally established site for contractor registration, and entered DPS/THSSAA-required information. Sub-recipientshall keep current, and then review and update the CCR information at least annually. Sub-recipient shall keep information current in theCCR/SAM database until the later of when it submits this Grant's final financial report or receives final grant award payment. Sub-recipientagrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee'smandatory DUNS number. See section .210 of OMB Circular A-133, Audits of States, Local Governments, 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 emailedto [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.ccr.gov, www.sam.gov/, or other federallyestablished replacement site. By signing this Grant, Sub-recipient certifies that, if required, Sub-recipient's jurisdiction has alreadyregistered, entered the required information, and shall keep information in the CCR/SAM database current, and update the information atleast annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub-recipientagrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number.

M. Direct Deposit. If Sub-recipient has not received HSGP reimbursements from DPS/THSSAA within the past eleven (11) months (priorto date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub-recipientshall be emailed to [email protected]. The email subject line and attachment name shall include the jurisdiction name and identify thedocument 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 has beensent 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 granted 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 granted 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 orovertime/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 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: "This material is based upon work supported by the U.S. Department of HomelandSecurity. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarilyrepresenting 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 Federal funding whenissuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded inwhole or in part with Federal funds.

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http://fedgov.dnb.com/webform

http://www.ccr.gov

http://www.sam.gov/

http://harvester.census.gov/sac/dissem/asp/reports.asp

http://www.ccr.gov

http://www.sam.gov/


http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdf


http://www.fema.gov/grants/grant-programs-directorate-information-bulletins


http://www.txdps.state.tx.us/director_staff/saa/audit_and_compliance.htm

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, etc., including use of the United States CoastGuard 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) day afterthe 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 requirements of EO 13166,Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discriminationincludes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Sub-recipient shall takereasonable steps to ensure that LEP persons have meaningful access to Sub-recipient’s programs. Meaningful access may entail providinglanguage assistance services, including oral and written translation, where necessary. Sub-recipient is encouraged to consider the need forlanguage services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. Forassistance and information regarding LEP obligations, go to 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 Comptroller General‘sguidelines.

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.

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DPS/THSSAA is authorized to terminate this award, 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. Classified Security Condition

1. No funding under this award shall be used to support a contract, sub-award, or other agreement for goods or services that will includeaccess to classified national security information if the award recipient has not been approved for that access to such information.

2. “Classified national security information” as defined in Executive Order (EO) 12958, as amended, means information that has beendetermined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicateits classified status when in documentary form.

3. Where an award recipient has been approved for and has access to classified national security information, no funding under thisaward shall be used to support a contract, sub-award, or other agreement for goods or services that will include access to classified nationalsecurity information by the contractor, sub-awardee, or other entity without prior written approval from the DHS Office of Security, IndustrialSecurity Branch Program (ISBP), or an appropriate official within the Federal department or agency with whom the classified effort will beperformed.

4. Such contracts, sub-awards, or other agreements shall be processed and administered in accordance with the DHS “StandardOperation Procedures, Classified Contracting by States and Local Entities,” dated July 7, 2008: EO’s 12829, 12959, 12968, as amended;the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives or instruction. Allsecurity requirement documents are currently located at:http://www.dhs/.ov/xopnbiz/grants/index.shtm.

5. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract,sub-award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub-award, or otheragreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and processinginstructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346, Email: DD254AdministrativeSecujjidhs.gov, Mail:Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASD/lndustrial Security Program Branch, Washington, DC. 20528.

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 which setforth 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 CFR 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.

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 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 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 Objectives

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http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf


outlined by FEMA at http://www.fema.gov/implementation-and-compliance-guidance-stakeholders#item4.

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.

D. Regional Planning Commissions/Council of Governments (COGs) shall follow guidelines listed in the DPS/THSSAA FY2013 COGStatement of Work.

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.

AuditAudit 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). 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.

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.

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.

Sub-recipient’s Facilitation of Audit. Sub-recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant tothis 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.

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.

Retention and Accessibility of RecordsRetention 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 CFR 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.

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.

Inclusion in Subcontracts. Sub-recipient shall include the substance of the Retention of Records and Access to Records section herein in allsubcontracts.

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.

Legal AuthoritySignatory Authority. Sub-recipient assures and guarantees that Sub-recipient possesses the legal authority to enter into this Grant, receivegrant funds and to perform the project Sub-recipient has obligated itself to perform pursuant to this Grant.

Authorized Representative. The person or persons signing and executing this Grant on Sub-recipient’s behalf do warrant and guarantee

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that 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.

Conflicts in Requirements. If conflict exists between federal, state, or local requirements, Sub-recipient shall comply with the strictestrequirement.

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.

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.

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.

Changes and AmendmentsModification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing,any subsequent request for funds indicates Sub-recipient’s acceptance of the changes to the award. Any alteration, addition, or deletion tothis Grant by Sub-recipient is not valid.

Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shallbe made through an executed Grant Adjustment Notice (GAN).

Authority to Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serve toestablish, interpret or clarify this Grant’s performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMAin the form of Information Bulletins and Sub-recipient Manuals and shall have the effect of modifying this Grant and shall be binding uponSub-recipient as if written in this Grant.

Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federaland state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall becomeeffective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessaryto this Grant after an award has been made, including changes to the period of performance or terms and conditions, Sub-recipient shall benotified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Sub-recipient’sacceptance of the changes to this Grant.

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.

VenueVenue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas.

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.

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:

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.

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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, that is, deny both 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.

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.

Closing of the 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 Grant Adjustment Notice (GAN) to recover the unused funds. Sub-recipient will return the funds to theDPS/THSSAA within 30 days 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 ______________________________________


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EXHIBIT AASSURANCES - NON-CONSTRUCTION PROGRAMS See Standard Form 424B


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 agreement.

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 the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agencydirectives.



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).


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 award. “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 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 Government

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Principals 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.


18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policiesgoverning this program.

Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________


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EXHIBIT BASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D


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 thisagreement.

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 the assistance; 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 the project.

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 assistance awarding agency or State.



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-based painin 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).


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 of

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1974 (16 U.S.C. §§469a-1 et seq).


19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policiesgoverning this program.

Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________


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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 subcontract, 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-recipients can accessdebarment information by going to www.epls.gov or www.sam.gov and the State Debarred Vendor Listwww.window.state.tx.us/procurement/prog/vendor_performance/debarred.2. Have not within a three-year period preceding this agreement 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; and4. Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State, or local) terminatedfor cause or default; or5. Where the sub-recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to thisagreement. (Federal Certification)

E. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have beenappropriated for the same purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federalresources occurred for reasons other than the receipt or expected receipt of federal funds.

F. Sub-recipient must comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and sub-recipient must requiresuch compliance in any sub-grants or contract at the next tier.

G. Drug-free Workplace Act, as amended, 41 U.S.C. §701 et seq. – Requires the recipient to publish a statement about its drug-freeworkplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will beinvolved in award-supported activities at any site where these activities will be carried out. Also, place(s) where work is being performedunder the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer ofany employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part17. Sub-recipient shall comply with the requirements of the Drug-Free Workplace Act of 1988, which requires that all organizationsreceiving grants from any Federal agency agree to maintain a drug-free workplace.

H. Sub-recipient agrees that it is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes,audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information andguidance.

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 program.

J. Sub-recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reductionof grant funds.

Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________


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http://www.epls.gov

http://www.sam.gov

http://www.window.state.tx.us/procurement/prog/vendor_performance/debarred

EXHIBIT DState of Texas Assurances


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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control 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 GovernmentPrincipals 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. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibilitydetermined by any federal, state, or local governmental entity and it is not listed on a state or federal government’s terrorism watch list asdescribed in Executive 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 ______________________________________


Page 18 OF 18



FROM: Susan B. Thomas, PhD, Executive Director


RE: Group Medical Plan Changes for 2014

RECOMMENDATION Approve the following: (1) change TCOG’s employee medical insurance plan to Health Savings Account (HSA) compatible TML plan for calendar year 2014; (2) set TCOG’s HSA contribution for 2014 at $2,000 per employee; and (3) discontinue SIS Link Gap Insurance plan.

BACKGROUND TCOG employees participate in a group medical plan through TML. The coverage includes a $2,000 deductible and max out of pocket expense of $4,000. Employees also have access to the SIS Link gap health insurance plan which was implemented to help employees cover deductible and out of pocket expenses. The total current cost per employee for individual coverage with TML and SIS Link is $564.22/month. Employees currently contribute $35/mo. to that cost; their contribution will increase to $50/mo. effective January 1, 2014. This increase is phase two of a plan approved by the board last year to adjust the employee contribution amount. To maintain existing plans and current coverage, rates will increase in 2014 to $603.15.

Several issues motivated management to investigate new options for health insurance coverage for TCOG employees. First, a review of insurance coverage and costs revealed a 54% claims to premium ratio for SIS Link for the past several years. This indicates that TCOG is paying an insurance company for a benefit that employees have not needed or taken advantage of on any large scale. Exacerbating that issue is the planned TML and SIS Link premium increases for 2014.

DISCUSSION Management is recommending we discontinue the SIS Link gap insurance benefit and replace it with a HSA for TCOG employees. The savings account will be funded at $2,000 per employee ($166.67/mo.) for 2014. TCOG’s HSA contribution amount will be set annually. Employees may contribute additional money to the account per IRS guidelines (e.g. 2014 total contributions for individual coverage cannot exceed $3,300).

To be eligible for the HSA, our medical plan must be HSA compatible, so there will be some changes to our existing TML plan: the prescription card will not be available until after the deductible has been met, and the card is a generic incentive card. Also, there will no longer be a doctor’s visit co-pay. All wellness benefits remain intact.

Using funds previously allocated to SIS Link insurance along with the savings earned from switching to an HSA compatible plan, management is recommending that we fully fund the deductible through the HSA in 2014. This will provide employees an opportunity to build up savings account balances for future years. While this contribution level precludes cost savings for FYE 2014, it does create a more flexible model with three variables (policy premium, employee contribution, and TCOG HSA contribution) to adjust in response to future rate hikes or other changes. Adjustments to employee and/or TCOG contribution levels may be required in the future.

Attached is a coverage/cost comparison chart which outlines current coverage, increase in rates to maintain current coverage, and the cost for the HSA plan.

BUDGET TCOG”s FYE 2014 Budget for Group Medical is $368,333 and will be sufficient to cover the expense associated with the recommended plan.

TCOG FYE 2014 Budget Group Medical 58 employees * 529.214/mo 368,333

Anticipated FYE 2104 Group Medical Expense

May - September 2013 * actual expense* 145,752 October - December 2013 58 employees * 529.214/mo 92,083 January - April 2014 58 employees * 549.73/mo 127,537

365,373

TML 480.22$

Deductible $2,000

Dr. Co‐Pay $30

RX Benefit MAC C

Out of Pocket $2,000 plus deductible

SIS Link Plan 84.00$

In‐Hospital Benefit $4,000

Outpatient Benefit $2,000

EE Contribution (35.00)$

TOTAL 529.22$

TML 514.95$

Deductible $2,000

Dr. Co‐Pay $30

RX Benefit MAC C


SIS Link Plan 88.20$

In‐Hospital Benefit $4,000

Outpatient Benefit $2,000


TOTAL 553.15$

TML 433.06$

Deductible $2,000

Dr. Co‐Pay $ ‐0 ‐ applied to deductible

RX Benefit MAC A Generic Incentive


HSA

TCOG Contribution $2,000 166.67$


TOTAL 549.73$

CURRENT COVERAGE 2013 RATES

CURRENT COVERAGE 2014 RATES

HSA RECOMMENDATION


FROM: Stacee Sloan, Finance Director


RE: FYE 2014 Budget Status Update

RECOMMENDATION Accept recommendation, if any, regarding TCOG FYE 2014 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 4/30/2014 Status Report depicting fiscal year budget with fiscal year to date expense and budget balance, updated Statement of Employee Benefit Programs for FYE 4/30/2014 Status Report depicting fiscal year budget with fiscal year to date expense and budget balance, updated Statement of Central Service IT Costs for FYE 4/30/2014 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 from staff at this time.

APPROVAL



Statement of Revenues and Expenditures

From 9/1/2013 Through 9/30/2013

10 - FINANCE AND ADMINISTRATION

100 - INDIRECT COST POOL 5/1/13 TO 4/30/14

Budget

Current

Month Actual Year-to-Date Budget Balance

EXPENSES

INDIRECT SALARIES $ 237,349.00 $ 24,026.02 $ 107,492.16 $ 129,856.84

EMPLOYEE BENEFITS 132,915.00 13,454.57 60,195.61 72,719.39

ADVERTISING 1,000.00 0.00 20.00 980.00

AUDIT SERVICES 25,775.00 0.00 26,575.00 (800.00)

DATA PROCESSING SERVICES 9,400.00 0.00 0.00 9,400.00

CONTRACTED SERVICES 11,808.00 1,066.00 4,322.00 7,486.00

DEPRECIATION EXPENSE 119,968.00 9,997.33 49,986.65 69,981.35

INSURANCE & BONDING GENERAL 6,153.00 0.00 3,896.06 2,256.94

LEGAL SERVICES 2,500.00 210.00 1,855.92 644.08

POSTAGE 5,354.00 1,378.99 2,481.24 2,872.76

PRINTING 2,600.00 240.60 240.60 2,359.40

MORTGAGE INTEREST 37,963.00 2,008.13 15,437.70 22,525.30

REPAIR & MAINTENANCE BUILDING 31,694.00 938.64 5,705.30 25,988.70

COPY CENTER EXPENSE 4,500.00 413.70 1,189.35 3,310.65

SANITATION SERVICES 1,230.00 116.12 464.48 765.52

SUPPLIES OFFICE 8,000.00 591.00 1,188.62 6,811.38

TELEPHONE SERVICE 13,800.00 2,720.63 8,466.29 5,333.71

TRAVEL INDIRECT STAFF 25,400.00 1,452.50 6,763.21 18,636.79

UTILITIES 96,107.00 6,531.21 31,622.80 64,484.20

YTD EXPENSES 773,516.00 65,145.44 327,902.99 445,613.01

YTD TARGET EXPENSE BUDGET 322,298.00

REIMBURSEMENT

OTHER INDIRECT POOL REIMBURSEMENT (5,160.00) (900.00) (2,700.00) (2,460.00)

INDIRECT COST ALLOCATION (649,474.00) (55,044.90) (279,245.85) (370,228.15)

YTD REIMBURSEMENT (654,634.00) (55,944.90) (281,945.85) (372,688.15)

YTD TARGET REIMBURSEMENT BUDGET (272,765.00)

NET INCOME/LOSS (118,882.00) (9,200.54) (45,957.14) 72,924.86

Date: 10/10/2013, 11:13 AM Page: 1



From 9/1/2013 Through 9/30/2013


101 - EMPLOYEE BENEFITS 5/1/13 TO 4/30/14

Budget

Current

Month Actual Year-to-Date Budget Balance

PAID LEAVE

SICK LEAVE $ 76,321.00 $ 6,278.70 $ 31,732.85 $ 44,588.15

ANNUAL LEAVE 124,521.00 10,576.33 57,527.53 66,993.47

HOLIDAYS 107,632.00 10,344.28 29,340.21 78,291.79

FUNERAL LEAVE 4,000.00 0.00 1,802.79 2,197.21

ADMIN LEAVE 5,088.00 63.75 453.75 4,634.25

Total PAID LEAVE 317,562.00 27,263.06 120,857.13 196,704.87

OTHER BENEFIT EXPENSES

PAYROLL TAXES 194,619.00 15,621.61 76,879.58 117,739.42

RETIREMENT 130,374.00 11,596.68 42,199.67 88,174.33

WORKERS COMP INSURANCE 8,500.00 0.00 4,813.79 3,686.21

UNEMPLOYMENT INSURANCE 12,250.00 0.00 55.89 12,194.11

GROUP MEDICAL INSURANCE 368,333.00 28,662.97 145,752.11 222,580.89

GROUP LIFE INSURANCE 5,832.00 435.76 2,220.70 3,611.30

GROUP DENTAL INSURANCE 22,490.00 1,567.28 7,987.10 14,502.90

GROUP VISION INSURANCE 6,264.00 468.00 2,385.00 3,879.00

EMPLOYEE ASSISTANCE PROGRAM 1,830.00 0.00 1,488.00 342.00

AIR AMBULANCE MEMBERSHIP 2,440.00 26.67 2,590.01 (150.01)

Total OTHER BENEFIT

EXPENSES

752,932.00 58,378.97 286,371.85 466,560.15

YTD EXPENSE 1,070,494.00 85,642.03 407,228.98 663,265.02

YTD BUDGET 446,040.00

REIMBURSEMENT

EMPLOYEE BENEFITS ALLOCATION (1,247,452.00) (103,458.48) (516,950.93) (730,501.07)

YTD REIMBURSEMENT (1,247,452.00) (103,458.48) (516,950.93) (730,501.07)

YTD BUDGET (519,772.00)

NET INCOME/LOSS 176,958.00 17,816.45 109,721.95 (67,236.05)

Date: 10/10/2013, 11:29 AM Page: 1



From 9/1/2013 Through 9/30/2013


104 - CENTRAL SERVICE IT 5/1/13 TO 4/30/14

Budget

Current Month

Actual Year-to-Date Budget Balance

EXPENSES

CONTRACTED SERVICES $ 175,608.00 $ 14,807.63 $ 74,335.38 $ 101,272.62

REPAIR & MAINTENANCE BUILDING 25,000.00 2,083.83 10,419.15 14,580.85

SUPPLIES OFFICE 5,000.00 0.00 0.00 5,000.00

TELEPHONE SERVICE 15,564.00 1,504.92 3,386.88 12,177.12

YTD EXPENSES 221,172.00 18,396.38 88,141.41 133,030.59

YTD BUDGET 92,155.00

REIMBURSEMENT

INDIRECT COST ALLOCATION (221,172.00) (18,628.90) (94,538.65) (126,633.35)

YTD REIMBURSEMENT (221,172.00) (18,628.90) (94,538.65) (126,633.35)

YTD BUDGET (92,155.00)

NET INCOME/LOSS $ - $ 232.52 $ 6,397.24 $ 6,397.24

Date: 10/10/2013, 12:36 PM Page: 1

TEXOMA COUNCIL OF GOVERNMENTS LOCAL DUES FYE2014

ProposedMember Entity FYE2014 Dues Amount Balance Deposit

0.1964 Paid Due Check # Date-- ------------------------------------------------------------ ---------------------- ----------------- ----------------- ----------------- -----------------

Cooke County, balance $3,748.00 3748 $0.00 99813 5/17/2013Fannin County, balance $2,992.00 2992 $0.00 105409 5/9/2013

Grayson County, balance $6,453.00 6453 $0.00 172585 6/14/2013* City of Bailey $100.00 $100.00 City of Bells $262.00 262 $0.00 1545 6/7/2013

City of Bonham $2,089.00 2089 $0.00 25637 5/9/2013 City of Callisburg $100.00 100 $0.00 1903 5/9/2013

City of Collinsville $320.00 320 $0.00 22735 5/9/2013City of Denison $4,840.00 4840 $0.00 103013 5/15/2013

City of Dodd City $100.00 $100.00 City of Ector $135.00 135 $0.00 6772 5/15/2013

City of Gainesville $3,310.00 3310 $0.00 139212 5/21/2013City of Gunter $352.00 352 $0.00 20991 5/17/2013City of Honey Grove $366.00 366 $0.00 111868 5/21/2013City of Howe $582.00 582 $0.00 34351 5/17/2013

City of Knollwood $100.00 100 $0.00 1070 5/31/2013City of Ladonia $140.00 140 $0.00 5648 5/21/2013City of Leonard $394.00 394 $0.00 30406 5/9/2013Town of Lindsay $200.00 200 $0.00 13307 5/3/2013City of Muenster $334.00 334 $0.00 64936 5/17/2013

Town of Oak Ridge $100.00 $100.00 City of Pottsboro $452.00 452 $0.00 26702 5/9/2013 Town of Ravenna $100.00 100 $0.00 1147 5/9/2013

City of Sadler $100.00 100 $0.00 7387 5/9/2013 City of Savoy $171.00 171 $0.00 8770 5/31/2013

City of Sherman $7,738.00 7738 $0.00 443352 8/9/2013City of Southmayd $215.00 215 $0.00 101430 5/9/2013City of Tioga $190.00 190 $0.00 25574 5/17/2013City of Tom Bean $203.00 203 $0.00 16326 10/4/2013

* City of Trenton $223.00 $223.00 City of Valley View $175.00 $175.00 City of Van Alstyne $555.00 555 $0.00 23576 5/21/2013

City of Whitesboro $826.00 826 $0.00 71946 5/15/2013City of Whitewright $333.00 333 $0.00 32730 5/21/2013Town of Windom $100.00 100 $0.00 3895 5/17/2013

---------------------- ----------------- -----------------Subtotal Municipalities $38,398.00 $37,700.00 $698.00

*Did not pay FYE2013 Dues

TEXOMA COUNCIL OF GOVERNMENTS LOCAL DUES FYE2014

Proposed Amount Balance DepositFYE2014 Dues Paid Due Check # Date

Independent School Districts ----------------- ----------------- ----------------- ----------------- Bells ISD $155.00 $155.00

Bonham ISD $378.00 378 $0.00 66699 5/21/2013* Callisburg ISD not paid 3 yrs

Collinsville ISD $112.00 $112.00Denison ISD $880.00 880 $0.00 70762 6/28/2013

Dodd City ISD $100.00 100 $0.00 14077 9/27/2013 Ector ISD $100.00 100 $0.00 21350 5/21/2013 Era ISD $100.00 100 $0.00 42480 7/25/2013

Fannindell ISD $100.00 100 $0.00 6831 5/17/2013Gainesville ISD $632.00 632 $0.00 71983 9/20/132

Grayson County College $746.00 746 $0.00 5/17/2013* Gunter ISD not paid 3 yrs

Honey Grove ISD $120.00 120 $0.00 25568 5/15/2013* Howe ISD not paid 3 yrs Leonard ISD $176.00 176 $0.00 40998 5/13/2013* Lindsay ISD not paid 3 yrs MuensterISD $100.00 100 $0.00 24417 8/9/2013 Muenster Sacred Heart $100.00 $100.00 No Central Tx College (CC Campus only) $451.00 451 $0.00 627682 5/9/2013

Pottsboro ISD $246.00 246 $0.00 52057 9/20/2013Sam Rayburn ISD $100.00 $100.00

* Sadler-Southmayd ISD does not wish to be member Savoy ISD $100.00 100 $0.00 18107 10/4/2013 Sherman ISD $1,333.00 1333 $0.00 260256 8/22/2013* Sivells Bend ISD not paid 3 yrs * Tioga ISD not paid 3 yrs Tom Bean ISD $156.00 156 $0.00 64630 5/31/2013* Trenton ISD $0.00* Valley View ISD not paid 3 yrs

Van Alstyne ISD $267.00 267 $0.00 49278 10/4/2013Walnut Bend ISD not paid 3 yrs

* Whitesboro ISD $305.00 $305.00* Whitewright ISD not paid 3 yrs* Bonham Chamber of Commerce $175.00 $175.00

Denison Chamber of Commerce $100.00 100 $0.00 15809Associate Memberships Texoma Housing

Ptnrs $2,970.00 $0.00---------------------- ----------------- -----------------

Subtotal ISD, Assoc $10,002.00 $6,085.00 $947.00---------------------- ----------------- -----------------

$48,400.00 $43,785.00 $1,645.00============= ========== ==========

1. State Data Center for Texas Cities 1/1/2010 0.962. State Data Center for Texas Counties 1/1/20103. Enrollment figures furnished by school district offices as of 01/2013

FYE

4/30/2014

Water &

Electric Gas Sewer Recycle Sanitation Total Cumulative

May-13 6,768.61 2,858.50 304.64 16.60 125.00 10,073.35 10,073.35

Jun-13 7,858.47 1,881.19 316.04 16.60 125.00 10,197.30 20,270.65

Jul-13 7,689.54 1,612.99 303.25 16.60 125.00 9,747.38 30,018.03

Aug-13 7,817.34 1,729.62 337.61 16.60 125.00 10,026.17 40,044.20

Sep-13 -

Oct-13 -

Nov-13 -

Dec-12 -

Jan-14 -

Feb-14 -

Mar-14 -

Apr-14 -

Total 30,133.96 8,082.30 1,261.54 66.40 500.00 40,044.20

Budget 80,000.00 32,000.00 5,000.00 204.00 1,500.00 118,704.00

Budget Bal 49,866.04 23,917.70 3,738.46 137.60 1,000.00 78,659.80

YTD Average 7,533.49 2,020.58 315.39 16.60 125.00 9,886.06

Estimate Bal

of Yr 60,267.92 16,164.64 2,523.12 132.80 1,000.00 79,088.48

Total 90,401.88 24,246.94 3,784.66 199.20 1,500.00 119,132.68

Budget Bal (10,401.88) 7,753.06 1,215.34 4.80 - (428.68)


TOTAL UTIILITY EXPENSE SUMMARY