HomeMy WebLinkAboutR2003-035S:\Our Documents~Resolutions\03\EMPG res.doc
RESOLUTION NO. 4,-'fi~,~-- ~d,.9~'''
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY OF
DENTON TO MAKE APPLICATION FOR A EMERGENCY MANAGEMENT PROGRAM
GRANT (EMPG) THROUGH THE STATE OF TEXAS WITH APPROPRIATE
CERTIFICATIONS AND ASSURANCES, AS AUTHORIZED BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA), AND ALL OTHER APPLICABLE
LAWS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, has an emergency management program to
prepare and facilitate emergency preparedness; and
WHEREAS, the City of Denton, Texas, has a special concern to be prepared in case of
emergency to preserve the life and property of all citizens and visitors of the City of Denton,
Texas; and
WHEREAS, the City of Denton, Texas is pafflcipating in the preparation for emergencies
through the use of the Emergency Management Program Grant (EMPG); and
WHEREAS, each year EMPG grants are renewed at the request of participating
jurisdictions; and
WHEREAS, the City of Denton, Texas, wishes to make a grant application with the
Department of Public Safety for funds granted by Federal Emergency Management Agency
FEMA) to renew EMPG funding; and
WHEREAS, in carrying out these activities, the City of Denton, Texas, intends to comply
with all requirements of the grant application; and
WHEREAS, the City Council deems it in the public interest to authorize the development
and submission of the grant application; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of Denton, Texas, authorizes the grant
application and submission, with all necessary certifications, grant agreements and other
documents as ~vell as appropriate assurances for entitlement of funds including those stated in
Exhibit "A" in order to obtain a grant under the Emergency Management Program Grant
Program.
SECTION 2: That the City Council authorizes and directs the Mayor or City Manager,
or his designee, to represent and act on behalf of the City of Denton in applying for and working
with the State, in regard to such grant application.
S:\Our Documents~Resolufions\03\EMPG res.doc
SECTION 3. That all prior actions of the Mayor, City Manager, and other City officials
in executing various documents and certifications with regard to said grant application are
hereby approved and ratified.
SECTION 4. That the City Secretary is hereby authorized to furnish true, complete and
correct copies ofthis resolution to all interested parties.
SECTION 5. That this resolution shall become effective immediately upon its passage
and approval.
PASSED ANDAPPROVEDthisthe ~ dayof ~j~v~/~2/~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
CERTIFI CATION & ASSURANCES EXHIBIT "A"
COMPR EH ENSIVE CE RTIFICATI ON
Thiscerfifice~onisamater iai repmsentefion offac~upon whichmliancewlllbeplasedbytheagencythatwill award
the grant If it is later deter mine d that the grantee kn owingly ten dered an erinneous cer~ficatio n, the age ncy, in
addition to a ny other reme dies available to t he federa I govemment ma yteke available action.
1. Certification Re garding Lo bbytog
Ifthis appliceti on isfor f~der al funds in excess of $100,0 00, I cer~fy to the best of m y knowledge a nd belief.
A No federal appropriated funds have been paid or will be paid to any per~on for intiuence an officer or
employee ofany agency, a memberof Congress, an o$ceror employeeof Congress, oran employeeof a
member of Congmss in co nnec~on with the awarding of a ny federal co n~ac~ the mal~ng of a ny federal
grant, the making of any federal loan, the ented ng into any cooperafive agreement, and the extension,
contin uafion, renewa I, am endment, or ma dfficefi on of a ny federal contract, grant, Ioan, or c ooperative
agreement
B. If any non-tederal funds have been paid or will be paid to any person for influencing or atfemptin g to
influence a n officer or employee ofa ny agency, a mem bet ofCo ngmss, a n officer or employee of Congress,
or an employee of a oficer or employee of a member of Con gress in co nnecfi on with this federal confract,
grant, Ioan, or coo perafive agreement, check hem i--[ If ched(e d, the undersigned sh all complete and
attach a "Disd osu re Form to Rep ort Lob bying" (Stendar d Form LLL) to the se ced~licetio n s, and
C. The undersigned shall require that t he lan guage ofthis ce dification b e included in th e award documents for
allsub-awards atalltiersan dthatall sub-redpientsshall certify accordingly.
2. Drug-Frae Workplace Cerdflcatte n
This appficefi on is for federal fonds. T he applicent certifies lhatit will provide a drag-flee workplace by:
A Publishing a slatement nofifying employees that the unl awful manufacture, disfri bution, dispensing,
possess ion, or use of a conb'olle d substance is prohibited in grantee's warkpiace and spedfyf ng the aclJons
hat will be taken ag ainst empto yees for viol ation ofsuc h p rehib[tion.
B. Establishing a drug-freeawarenesspregramto infermempfuyeesabout:
1. The dangers of drag ab use i n the workplace;
2. Theapplicent's policyofmaintaininga drug-free workplace;
3. /~lyavailabledmgcounselhg, rehabilitetionandemployeeassis~ancepr ograms; and
4. The penalfies thatma y be imposed up on employees fer d rug abuse violations.
C. Making it a requirament th at each employee to be engaged in the performance ofthe gr ant be giva n a copy of
the statement requ ired by paragraph (A).
D. Notifyingtheemployeeinthe s~atementrequiredbyparagraph(A)that,as condition ofemploymentunderthe
grant, the emp I oyse will:
1..~bide by th e terms of the statement, and
2. Nofify lhe em ptoyer of an y criminal drug statute convicfi on for a violafi on occordn g in the work~31ace not
laterthanfiva days alter sech convic§on.
E. Nofifying the agency within ten days after re ceivin g notice under sub paragraph (D}(2) from an em ployee or
otherwise receiving actu al notice of such con vi~on.
F. TakJngoneofthefoll owingactions withrespecttoanyemploysewhoisse con,~cted.
1. TaHng appropriate personnel acfionagainstsuchanem ployee, upteandincfudingterrnination;or
2. Reqddngsuchemployeetop ar~dpatesefisi~actodly ina drugabuseassistenceorrehabilitetionprogram
approved for such purposes by a federal, s tete, or Iocal health, law enforcement, or other appropriate
agency.
G Making a goal faith effort to continue to maintain a drug-free workplace through the imp}ementation of
paragraphs (A), (B), (D), (E), and(F).
DEM-221 17/03
3. , Audit Ce rtiflcatten- Annual Re porting Re quire rte nt
This applicefi on is for federal funds. I certify (initial th e appropriate ch oice):The appJicant agency curre nity expends combined federal fund[
therefore, is re quired to submit an annual single audit by an inde end . -aor .~30 0,000 orPentauditormade ' more
E~ngle AU ditAl:tAmendments of1996 and OMBCircularA- 133. I n accord ance With i~,~The app]~ca~hte ,~(n~eY ~i~nt~aneXpends combined federal ~nding of less thatthereforeisexemptfro ' g Au ' ~ d can not charge audit costs to a feder al "fa n?'~u0'0000 andhowever, th at the Te×~ DP.n~dm~.nt t3f P,hlm ?'~ty may require a mited SCope au-~.,u L I Understanduuasd ~n CMB'CircularA-133. eflned ·
4. r=qua I O pport unity Pla n {~r: aP} Ce rtificatton - Annual Re porting Re quire ment
Definitions:
Type ~ Entity
NoTEduceitrequired.°nal/medical/n°n-pr°itt insitfutto n/Naitve/~medce n Tdbe -cedifissiton re quired (ini'~al below); EECpTypeI~ Ent~
All other redpients receiving ~i. nre ~ an $2p5~)n00, b ut not more than $500,000 _ cellficaitonbelow); or ganizatJons must ma' fa' ~-O file for possible audit if the er required q ... ,ganiza'~on has -- ~ nmalemployees; a nd ,~ore than 50TypeIIIEntity
For-profit an§it esand state a nd local governmenis rec eivi ng $ 500,000 or mare _ cer~ficalJon r .below); the organ izaito n taust submit an ET--CPto atica for Civil Ri ghis (CCR) for appr oval.
equ~red (iniit al
Ifyourorqanfzatio n is a Tv~e I. II. o rlllEn titv. ~lease in itlal one ofthe folio win~..
I certify this on3a niza tion is a Tvl3e I Entity . T his enlJt - wil' ·
against d iscdmination in any program or addvit y (28 CFR ~ 42 203~ is ~'-~, -' CO~ply Vath the pr
Empfeyment Cppor~J nity Pla n, but Will comply with equal emp[o~;me~'~ a.~'~re~ulred fo maintain a.~uans
DepatmentofHealt handHumanServices(28CFR42.302). ' ~'~'ur~Jn[typr°gramguideitn~'s~:fqt~I
I certify this orga niza tlon is a Tvae II R,~titv tho t e mnl~3v~ ~a n R e ~.. --will cam ply with the prohibif~ons ,again? disc n,'m~ina~n !n any program or ac~vit ~.~ This en§t ynotrequired ~ mainte in an ~qua~ ~:mP ~oyme n[ c-~ppor(un~t y Plan (28 CFR 42 301 et se ~ '*':'z 03), but isIcertifythisorganizationisaTveeIIEntitythate,~-d.~. ;: q'~ '
willcemplywith~heprohibitJonsagamstdiscnmma'~oninanypronramor.~.,~..~ ~fe. Thi.~,= .
formulated an aqua amp oyment progr am (28 CFR 42 301 et .~ ~ ~"~'-~Y tz8 CF R~ 3'~ =;.~.n~ty
Govemor~OG ] for approval upon award ofa granL the [CSice o f theIcertifythisorganizationisaTypeIIIEntlry. This enitty will COmply with . ..against discri mination in any program er activity (28 CFR§ 42.203), and has form.~e~pr°hfeCdensemploymentopporfunityprogram(28 CFR42.301 etseq.),that will be sub mitfed to ....... ,e(: an equalManaoementAaertcvforapproveluponawardofagranL
5. DepartmontCertlflcatlon- Annua l Reporting Re quimment
By submissfen of ~is proposal, that neither the applicant agency nor its pd'ncina= ~rred, suspended, proposed for d ebarment~ deal ared ineligible, or vol--,.-- ..... ,=re
th s lransactio n byanyfederai depar~le ntor agency f a m unable to ce ~'~" 'y excluded ~om p aHi(~nel;~S~ntly
I am un able in ceritf ythe ab eve state ment and h ave attached a n explana~on to this app itcal] on.
Applican~ s Organizaao n
Pflr~ad Name and33 I]eofA4Jlfl~r~edOfficl al
DEM-221 27/03
CON SOLIDATED A SSURA NCBS
pplicanls mu st complete thi s form before the y will receive stall and/or federal funds. Redpi ents of stall and/or
federal funds must fully understand and comply with these requirements. Failure to comply may result in th e
withholding offunds, termination ofthe a ward, or other sen ctiens.
FE~E~ ALAS SUR ANCES
The applicant hereby assures and certifies compliance with all fed e~al statutes, regulations, policies,
guidelines, and requirements, including OVIB Circ ulam No. A-21, A-I'I0, A-122, A-128, A-87; Education
Department Generel Adr~nistmtive Regulations (E~GAR); EO. 12372 and Uniform A dministretl ve
Require meets of Grants and C.~opa reflve Agreements - 28 CFR, Pa rt 66, C~,,,,~n Rule , that govem the
application, acceptance an d use of Federal funds for this project. AIso, the Applicant assures and certifies
that:
Leoal Authority. It possess es legal authority to ap ply for the grant, that a resolution, motion or sim ilar action
hasbeendulyadoplldorpassedasan offidalactofthe applicant'sgovemingbody, authod2JngthetiHngofthe
application, including a II u nderstandi ngs a nd assu ra nces co nfain ed
2. Displaced Persons. Itwill comply with requiremenfeof He provisions oflhe U niform Relocation ~sislance
and Rest Fro perty/~qu isitions (4 2 USC §§ 4601 - 4655), which prey ides for fair an d e quitable ~reatment of
perso ns displaced as a resu Itof F ederel and Federally assested programs
3. Political Activity. It will comply with requirements of the provisions of Federal law which limit cartel n pol[~cal
activities of employees of a Stell or local u nit of government whose pdndpal emp feyme nt is in co nnec~on with
an adJvit yflnanced in whole erin part b y Federel grants (5 USC§ 15 01, et seq.)
4. FalrLa borSta ndards Act. It willcomply with the min imum wage andmaximumhourspravisionsofthe Federal
Fair Labor Sfandar ds/~ct (29 USC §§ 2 01- 219) ifap plicable.
5. Confllctoflnt erest. It willestablishsafeguardsllprohibitemployeesfromusingtheir positionsfor a purpsse
that is, or g ives the appearance of being metivelld by a desire for pdvell gain for themselves or others,
particularlytho se with whomthey have family, business, or other ties.
6. ExaminatfonofRecords. ItwillgivethesponseringagencyortheComptrollerGeneral, throughanyauthodzed
representative, accasslland therightlle xamineatirecords, book~ pap ers, ordocumen isrelated fothegranL
7. Compllance with Requirements. It will comply with all requirements imposed b y the Federal sponsoring
agency concerning sped al requirements of[ aw, program requirements, an d other adm inis~setive requirements.
8. B~A ~/lolatth,q Fac0itlas. it will ensure that the fedlities under its ownership, lease or supervision which sba ti
be utilized in the accomplishment of the project are not listed in the Environmental Frotec~on AgenoJ's (EPA's)
listofMoJ ating Fadlities, a nd thatwi[I notifythe Fed eralgranfer agencyof therecaiptofa nycommunication from
theDirecllr oftheE~AC~ caofFederal~vitiesindlcatingthataf adlityll beusedin the project is under
consideration f or lis~ng by the E~A
Roodlnaurence. It willcomply withthefloodinsurance purchaseraquiromenllofSect ion 102(a)oftheF Iood
DisasterPrall ction~ct(Ch. 50USC§ 4001). Thissec~onrequiras, on anda~lerMarch2,1975, thepurchasent
flood insurance in communities where such insurance is available as a condition for the raseipt of a ny Federal
financial assist ance for consl~u~on or acquisition purposes for use in any area that had been identified by the
Secrallr yofth e Dep ar~ment of Housi ngand Urban Development asa n area having special tiood hazards. The
phrase "Federal flnandal assistance" includes any form of loan, grant, guaranty, insurance payment, rebate,
subsidy, d bast er ass~stenc e loan or grant, o r an y other form ofdirector indirect F ederel assistance.
DE~22t 3
7/03
10. Historic Preservation. It will assist the federal grantor agency in its compliance with ,~ec~on 106 of the
National Historic Preservation ~ of 196 6, as am ended (16 US C § 470), Executh,~ Order 11 593, and th e
rcheologicel and Historic al Preserva~ on Act of 1966, (1 6 USC § 5 69a-1, et seq.) b y (a) cons ulfing with the
StafeHisfuric PressrvationCl'ficer(SHPO) on the cenduct ofin~stigafions, asnecess ary, toidentif ypropertes
listed i n or eligible for inclusion in the N afio hal Register of Hisfedc PI ace s that are subject to adv~rs e effects
see 36 CFR Part 800.8) by the adJvily, and nofifying the Federal grantor agency of the existence of any such
proper~es, a nd by (b) (:om plying with all requirements established by the Federal grantor age ncy to av old or
mitigafe adverse effects upon such propertes,
11. Compliancewith Lawsand Guides. It wilicomply, and assum the compliance of all its ss bgrantees a nd
con~'actors, withthe appliceb[eprevisionsof ~fieloftheOmnib usCdmeControlandSafeS~'eets.actof196 8,
asamended,theJuvenileJusficeandDelinquencyPrevenfion,N:t, orthe Mc~msofCri mePct, asap propdate;
the provis ions ofthe current edifio n a nd all ot her applicable Federal laws, orders, drcul ars, or regula§ ons.
12. Con~lia nce with Code of Federal Reaulations. It will comply with th e provisions of 28 CFR applicable to
grants and co operafive agreements inciuding Part 18 Administrative Review Procedure; Part 20, C.,rimin al
Jus~celnfurma fionSystem;Part22, Confi den~alityofld entitiableResearchandSlafisfic allnfermatio n;part23,
Criminal Intel Igence System s Opemfin g Polid es; Part 30, Intergovemmental Review of Proc edures fur
Implemenfing the National Envimnmenfel Policy ~ Fa rt 53, Floodplain Management and Wefiand ~ofec~on
Preced ures; an d Federal laws or regulaiions applicable to F ederal.Assista nce ~ogr ams.
13. Nondiscrirrtnation. It will comply, and all it's cen'~'actors will comply, with the non-diso-iminations
requirements of the Omnibus Crime confrol and Safe S~e ets/~t of 1968, as amend ed, (42 USC & 3789(d)),
or ~ic~ms of Crime/k:t ( as appropriated); Title VI of the dvil Rig hfs ~c t of 1964, as arnended; ~ecfion 504 of
the rehabilitation /~ct of 1973, as amended; Subtitl e A Title II of the Arnedca ns With Disabilities ,act (ADA)
1990); Tifie IX of the Educatlon Amendments of 19 721 The age Disc~i ruination Act o f 1975; Depa,-~nent of
Jusfice N on-Dtschminati on Regulatio ns, 28 CFR pad 4 2, ~Jbp arts C,D,E, and G; and Dep adment o f Jus~ce
Regulafi OhS o n dissbilit¥ discriminatlon, 28 C F R Fart 35 and part 39.
A In the event a federal or state court or federal or state adm inislm~ve agency makes a fin ding of
discrimination alter a due process hear lng on the grounds of race, c otor, mlig ion, national odgin, se x, o r
disability against a re dpient of funds, the r edpient will forward a copy ofthe finding to the Otlce fur dvii
Rights, Clfice ofJustice ~ograms.
B. it will provide and Equal Em ployment Cpp odunity Pr ogram (1~ if requir ed fu me intain one, where the
appiiceti ons is [or $500,0 00 or mere.
14. CoastalBaniem. ItwillcemplywiththepmvisionsoftheCoastalBarderReseurces./~ct(16USC&3501,et
seq.) which prohibits the expenditure of most new Federal funds within the units of the Coast al Barrier
Resources S ysfem.
15. Suppla ntlrm Prohibit ion. It will use funds fu supplement exis~ng funds fur program ac§vitles and may not
replace (supplant) non-Federal funds that ha',~ been appropdafed for the same purpose. The Applicant
undem~nds th at pofe ntial supplanting will be the subject of me rtfufing and audit. 'vi olatlons can result in a
range of penalfies, ind uding suspension of future funds under this Pro gram, susp ension or debarment fTom
Federalgranfe, resoupment of menies pr ovided underthisg rant~ and dvi I and/or cfimi nal penalties.
STATE ASS U RANCES
The applicant hereby assures and certfi es compliance with all state stst utes, regu lat~ons, policies, guidelines, an d
requirements i ndu ding Title 1, Chapter 3, of the Texas ,~dminis~' alive Code, an d the Uniform G'a nt Management
Stsndar ds (UG MS), as the y relate fu th e application, acceptance a nd use of funds for this project .~se, t he a pplice nt
assures and certifies that
Leqal Authofl ry. It possssses leg al authodly in fee Stat e of Texas to apply fur the g rant; that a reseluti on,
mefion or similar a~on has been duly adopfed or passed asan o/tidal actofthe applicant's 9ov~rring body,
authorizing the filing of the application, todudtog all understandings and assurances contained therein, and
directing and authorizing the person identified as the otifd al representative of the ap plicant to act in con nections
with the appfication a nd to provid e such a ddifiona[ infurm atlon as rna y be required
OE~2~1 47/03
2. ~ Conflictoflntemst. Itwillesteblishssteguardstepmhibitemployeesffomusingtheirposifonsforapurpose
that is or give the appearance of being motivated by a desire for private gain for themselvas or others,
padJcelarly those with whom they have family, business, or other ties.
3. Nondiscrimination. ]twill complywith all State and Federa I statutes relating to nondisc~iminafon.
4. Taxes. It will comply with all State and Federal tax laws and is solely responsible for tiling all required State
and Federal taxterms.
5. G~ant Administration. It will maintain an appropriate grant adminis ffatian system to ensure that all terms,
condifons and spedfcafons of the grant, including these stendard assurencas, are me[
6. Exanination of Records. It will give the sponsoring agency, thru ugh any authorized repmsontef~, access fo
and the dght fo examine all records, books, paper, or documents related to the grant
Public Information. It will ensom that all information c~lleded, assembled er maintained by the applicant
relafve to a project will be available to the public during normal business houm in compliance with Texas
Government Ccde, Chapter 552, unless et herwise expressly prehibited by law.
8. Child Support Payments. It will oomply with so~on 231.006, Texas Family Code, which prohibits payments
to a per~n who is in arrears on child support payments.
Suspected Child Abuse. It will comply with the Texas Family Code, Se~on 261.101, which requires repor~ng
ofall suspected cases of child abuse to local lawenfo rcamont authorities and to the Texas Depar~ent ofChild
Pretecl~va and Regulafory Se~oes. Grantees shall also ensure that all program personnel are propedy Eained
and aware of this requirement.
10.Relatives. It will comply with Texas Government Code, Chapter 57, by ensudng that no offcer, employee, or
member of the applicant's governing body or of the applicants cenl~acter s hall vote or confirm the err~loyment
of any person related within the second degree ofaffni[y or the third degree ofcons anguinityto any member of
the governing body or any other office r or employee authedzed to employ or sope~se such person. 11~is
prohibition shall not prohibit the employment of a person who shall have been confnuously employed for a
pedod oftwo years, or such other period stipulated by local law, pdo r fo the elec~on or appointment of the
offcer, employee, or governing body member re lated fo such person in the prohibited degree.
11.3nan Meetlnas. Ifthe applicant is a govarnmontal enf[y, it wti] cemply with Texas Govamment Code, Chapter
551, which requires all regular, spedal or called meetings of govemmentel bodies to be open to the public,
except as othe~se provided by law or spedticelly permitted in the Texas cons§tefon.
DEM-221 5
7/03