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HomeMy WebLinkAboutAgenda 7-21-04 Names Tabs.doc AGENDA #2418 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, JULY 21, 2004 AT 7:30AM I. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. II. CONSENT AGENDA A. CONSIDER: Approval of City Council Meeting Minutes for July 6, 2004 - Wilson Tab I iii. MAIN A. B. C. D. E. F. G. AGENDA CONSIDER: Order for demolition of 4420 Amherst - McLaurin Tab II DISCUSS: Management Letter comments from FY2003 Audit - Austin Tab III DISCUSS: Parking requirements for Single Family Attached (SF-A) Districts - McLaurin Tab IV CONSIDER: Amendment of special sign district for the Plaza at Preston Center - McLaurin Tab V CONSIDER: Appropriation of funds to committee for site investigation of Chase Bank Building - Lane Tab VI CONSIDER: Acceptance of Homeland Security Grant - Ledbetter Tab VII CONSIDER: Changing city council meetings in November and December 2004 from two meetings per month to one meeting per month - Wilson Tab VIII As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda items listed herein. 8:30A.M. EXECUTIVE SESSION TO RECEIVE ADVICE FROM CITY ATTORNEY INVOLVING POSSIBLE LITIGATION UNDER SECTION 551.071 OF THE TEXAS GOVERNMENT CODE. MINUTES #2417 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JULY 6, 2004, 5:00 P.M. Mayor James H. Holmes, III opened the meeting. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Harry Shawver and Syd Carter. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. Councilmember Kelly Walker was absent and excused. AWARDS & RECOGNITION DEPARTMENT PINS: City Manager Bob Livingston presented service pins to City Engineer Bob Whaling and Sanitation Secretary Scott Hoover, who each had 15 years of service with the city. EMPLOYEE RECOGNITION AWARD TO PARK DIVISION EMPLOYEES: Postponed until August 3, 2004. PRESENTATION: Plaque to widow of Warehouse Parts Runner Lindsay Branton postponed until August 3, 2004. GIRL SCOUTS: Mayor Holmes asked Girl Scout Mary Dozier to introduce herself. Mary is working on her Leadership Award as part of the Gold Award and, as such, had elected to shadow a leader for one day. Police Chief Gary Adams was the leader she shadowed on July 6th. ITEMS FROM THE FLOOR WATER QUALITY: A public hearing was opened to take public comment regarding the water quality of the City of University Park. As there were no comments, the public hearing was closed. City Manager Bob Livingston announced that the city was rated by the State of Texas as having a superior water system. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER RESOLUTION APPOINTING RAY NOAH AS DART BOARD MEMBER: Approval was given to Ray Noah's representation for the City of University Park as a member of DART's Board of Directors. Mr. Noah will serve a two-year term. RESOLUTION NO. 04-08 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AFFIRMING AN AGREEMENT WITH THE CITIES OF ADDISON, RICHARDSON AND HIGHLAND PARK REGARDING THE SELECTION PROCESS FOR A SHARED MEMBER TO THE DALLAS AREA RAPID TRANSIT (DART) BOARD OF DIRECTORS; AND AUTHORIZING THE MAYOR TO APPROVE A CANDIDATE FOR BOARD MEMBER. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For June 18 and June 22, 2004. MAIN AGENDA PUBLIC HEARING FOR ABATEMENT OF NUISANCES AT 4420 AMHERST: Mayor Holmes opened a public hearing. Building & Zoning Supervisor Wade McLaurin stated the following: on December 27, 2003, the residence at 4420 Amherst was substantially destroyed as a result of a fire that started within the structure. After the fire was extinguished, boards were placed over the first floor windows and doors by the fire department to prevent entry into the structure. As directed, the property owner erected a fence around the property to further prohibit entry into the site. In a letter dated April 14, 2004, the property owner, Mr. Marvin E. Thompson, was notified that the demolition or repair of the structure(s) must be permitted and work initiated within 30 days. After receiving the notice, Mr. Thompson made several contacts with the Building Inspection Division to explain his desire to demolish the structure(s), as well as, the problem he was having obtaining a settlement with his insurance company. To date, no demolition or reconstruction of the residence has taken place and, as a result, the city has received numerous complaints and inquiries by surrounding neighbors. As a result of no permits being issued, no work being initiated, and the structure(s) being left open to the weather and also unsecured, the city has determined that the existing structure(s) is in a dilapidated condition and is structurally unsafe, constitutes a fire hazard, and is a hazard to the public health, safety and welfare as defined in Article 3.200 of the City of University Park Code of Ordinances. A request was made to the city council for immediate demolition and removal of the existing structure(s) and all debris on the subject property to eliminate the stated public nuisances, with the property owner being given a specific amount of time to inform his insurance company of said order and achieve the desired cleanup. Mr. Thompson then spoke in support of the demolition. Ms. Sylvia LaRue, 6720 Golf Drive, whose son lives down the street from 4420 Amherst, spoke in favor of immediate demolition and suggested a copy of the order be sent to the Texas Department of Insurance. City Attorney Rob Dillard suggested preparing an order for presentation to the city council and also suggested the city give notice to the insurance company of the demolition and a copy of that notice be sent to the Texas Department of Insurance. Mayor Holmes then closed the public hearing. The council will adopt an order at its July 21st meeting, giving the owner until July 3 1st to demolish the structure(s) and clear the lot. If the work has not been completed by that date, the city will proceed to demolish the structure(s) and clear the lot as called for by the council' s order, and the cost of such work shall be levied as a tax against the premises. CONSIDER REQUEST FOR DISCUSSION OF DUPLEX ZONING DISTRICTS BY ZONING ORDINANCE ADVISORY COMMTTEE (ZOAC): Separate requests were received for the city to consider the merits of changing the zoning on properties currently zoned for duplexes. Wanda & Richard Means, residents of the city and owners of RAM Custom Homes, requested the rezoning of properties on the north side of the 3200 and 3300 blocks of Rosedale from the current Duplex 2 (D-2) zoning to Multi-Family District 3 (MF-3). The properties on the south side of Rosedale are currently zoned MF-3. Also, Chuck Barnett, owner of Barnett West Custom Homes, requested rezoning of all of the duplex-zoned properties in the city to Single Family Attached (SFA), or amending the current minimum lot-width requirements in the duplex districts to allow for the property to be developed the same as an SFA property. The current minimum lot widths found in the duplex districts do not allow for less than a 70' wide lot in D-1 and a 50' wide lot in D-2. The minimum lot width in the SFA districts is only 25', which gives owners of 50' width or greater lots, the ability to divide the property into two SFA lots. Mr. Barnett states that, since the duplex districts already provide for two residences on a single piece of property, rezoning these districts to SFA would not increase the density in these districts. Staff recommended these rezoning issues be forwarded to ZOAC for discussion on the merits and ramifications of such actions. Councilmember Shawver moved the discussion be referred to ZOAC. Councilmember Carter seconded, and the vote was unanimous to approve the referral to ZOAC. CONSIDER CITY COUNCIL/STAFF PLANNING RETREAT FOR OCTOBER 7 AND 8, 2004: Several members of the city council have expressed an interest in conducting a planning retreat with city staff. The goal is to provide a longer period for the staff and council to interact, as well as, provide time to develop short- and long-term goals and a vision for the city. Consideration is being given to a one and one-half day session with Drs. John and Carol Nalbandian. Dr. John Nalbandian brings the unique perspective of a professor in public administration and eight years on the Lawrence Kansas City Council, including two years as Mayor. Since the timeframe is agreeable with council and staff, City Manager Bob Livingston will reserve a meeting place. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 21st day of July 2004. ATTEST: James H. Holmes III, Mayor Nina Wilson, City Secretary DATE: TO: FROM: SUBJECT: AGENDA MEMO (7/21/04 AGENDA) July 15, 2004 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Order for Demolition - 4420 Amherst BACKGROUND: At the July 6, 2004 City Council Meeting, the Council approved staffs recommendation of an order requiring the demolition of the residence at 4420 Amherst. The request was due to the existing structural, fire, and safety hazards that currently exist at the property as a result of the fire that took place on December 27, 2003. The Council has given the owner of the property, Mr. Marvin E. Thompson, until July 31, 2004 to have the structure demolished, after which the demolition will take place by a contractor working for the City. Cost of such demolition would then be billed to the owner, or a lien placed on the property. As requested by the City Attorney, a written order is being brought back to the Council for formal approval. PUBLIC NOTICE: N/A RECOMMENDATION: Staff recommends that the order be approved by the City Council. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM 4420 Amherst Order of Demolition.doc 8:30 AM 07/15/04 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM 4420 Amherst Order of Demolition.doc 8:30 AM 07/15/04 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM 4420 Amherst Order of Demolition.doc 8:30 AM 07/15/04 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM 4420 Amherst Order of Demolition.doc 8:30 AM 07/15/04 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM 4420 Amherst Order of Demolition.doc 8:30 AM 07/15/04 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM 4420 Amherst Order of Demolition.doc 8:30 AM 07/15/04 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM 4420 Amherst Order of Demolition.doc 8:30 AM 07/15/04 ORDER OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK~ TEXAS IN RE: MARVIN E. THOMPSON (Name of Owner/Occupant) and NONE (Lienholders) PROPERTY: 4420 Amherst, University Park, Dallas County, Texas 75225 (Street Address) Lot 15, Block 20 Idlewild Addition City of University Park, Dallas County, Texas (Legal Description) STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: On the 21st day of July, 2004, came on to be heard a matter involving the above stated person and property, wherein it has been alleged that the property is in violation of the Code of Ordinances of the City of University Park and that a structure on said property is dilapidated, substandard, unfit for human habitation or use, hazardous, and constitutes an urban nuisance. The owner, Marvin E. Thompson, was provided due notice as required by the Ordinances of the City and appeared in person at the public hearing conducted on July 6, 2004. After consideration of the evidence and testimony presented herein, and following the conclusion of the public hearing, the City Council of the City of University Park, a quorum of said Council having heard the public hearing, hereby makes the following findings and Orders: 1) The structure situated at the location described above has been substantially destroyed by fire, is substandard, is unfit for human habitation or use, constitutes a hazard to the public health, safety and welfare, and constitutes an urban nuisance in violation of Chapter 3, Article 3.200 of the Code of Ordinances; the owner has been given written and oral notice and has had since December 27, 2003 to abate the nuisance; 2) The structure and property must be immediately vacated and secured; 3) The structure on said property is hereby Ordered to be demolished and all debris removed. All necessary permits must be obtained and the demolition work must be commenced within ten (la) days of the date of this Order; 4) The demolition work required herein shall be completed within ten (la) days of the date of this Order; 5) If the necessary permits are not secured, the work is not commenced, or the demolition is not completed within the time stated herein, the Building Official shall report this 66155 failure to the Director of Public Works and shall provide him with a true and correct copy of this Order, which is to serve as this Council's Order that the Director of Public Works or his designee cause the work to be done and the expenses thereof be assessed as a lien against the property; 6) The failure to comply with the demolition required herein may result in the assessment of civil penalties, the City's performing the work, and the assessment of the penalties and expenses as a lien against the property; 7) A copy of this Order shall be delivered to the owner of the property, the occupant thereof, and any and all lienholders of record forthwith, and shall further be posted on the structure in a conspicuous location. It is further Ordered that a certified copy of this Order be sent to the Hartford Insurance Company, the fire insurer of the structure, and to the Texas Insurance Commission. SIGNED AND EXECUTED this 21 st day of July, 2004. MAYOR, CITY OF UNIVERSITY PARK, TEXAS ATTEST: CITY SECRETARY 66155 DATE: TO: FROM: SUBJECT: AGENDA MEMO 7/21/04 MEETING July 15, 2004 Honorable Mayor and City Council Kent R. Austin, Director of Finance FY2003 financial statements and Management Letter Comments (MLC) RECOMMENDATION: Included on the July 21 work session agenda is a brief discussion of the FY2003 MLC from the City's external auditors, Deloitte & Touche LLP. Transmission of the MLC to the City Council is an annual event following conclusion of the financial statements audit. Reem Samra, Director, of Deloitte & Touche will attend the July 21 meeting to discuss the MLC content and FY2003 audit in general. The FY2003 published financial statements, known as the CAFR (Comprehensive Annual Financial Report), represent the first statements compliant with the Governmental Accounting Standards Board (GASB) Statement No. 34 standard. University Park is required to comply with this Statement, beginning FY2003, to remain consistent with Generally Accepted Accounting Principles (GAAP). Among other things, GASB 34 requires the City to value, record, and depreciate all of its physical infrastructure (not just utility-type assets, as under the old standard), produce a citywide income statement-style report (known as the Statement of Activities), and adopt a new format for the Balance Sheet, now known as the Statement of Net Assets. Fund- level statements are still required and are also presented. I am pleased to report that the FY2003 MLC is brief and contains no comments regarding significant corrections or changes that must be made. I am proud of the job our finance staff has done over the past two years in improving internal processes and complying with the new accounting standard. RECOMMENDATION: Staff recommends the City Council accept the FY2003 MLC and CAFR and refer them to the Finance Advisory Committee for further examination. ATTACHMENTS: · FY2003 CAFR · FY2003 MLC 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson. UNIVPARK\Local Settings~Temporary Internet Files\OLK3~AGENDA MEMO MLC FY003 072104.doc 2:00 PM 07/15/04 May27,2004 The Honorable Mayor and City Council City of University Park 3800 University Blvd. University Park, Texas 75205 Dear Council Members: In planning and performing our audit of the basic financial statements of the City of University Park, Texas (the "City") for the year ended September 30, 2003, on which we have issued our report dated May 27, 2004, we considered its system of internal control in order to determine our auditing procedures for the purpose of expressing an opinion on the financial statements and not to provide assurance on the system of internal control. Our consideration of internal control would not necessarily disclose all matters in the internal control that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A description of the responsibility of management for establishing and maintaining internal control, and the objectives of and inherent limitations in internal control, is set forth in the attached Appendix and should be read in conjunction with this letter. A material weakness is a condition in which the design or operation of specific internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the system of internal control and its operations that we consider to be material weaknesses as defined above. We did note other matters related to internal control and other administrative and operating matters that resulted from our observations made in connection with our audit of the City' s financial statements for the year ended September 30, 2003. Our comments are presented in the following Exhibit. This report is intended solely for the information and use of management and the City Council and is not intended to and should not be used by anyone other than these specified parties. We would be pleased to discuss these observations and recommendations further with you and to assist you in implementing them. Yours truly, -1- C:\Documents and Settingsknwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3\Management Letter Comments FY2003.DOC, 07/15/04, 2:02 PM, CoUP EXHIBIT INTERNAL AUDIT FUNCTION Observation The City does not currently have an internal audit function. The internal audit function can be an important element in providing assurance to the City that its internal controls and processes are adequate and functioning properly to obtain the objectives of (a) reliability of financial reporting, (b) effectiveness and efficiency of operations, and (c) compliance with applicable laws and regulations. Additionally, this function would help management identify and quantify risk across the organization and reduce exposure to acceptable levels through a well-defined audit plan that focuses on both strategic and operational risks. The lack of performance of ongoing internal audit activities may expose the City to undue levels of risk of loss of financial resources, operational inefficiencies, instances of contractual noncompliance or other control risks. The following is a suggested list of areas in which the internal audit function could add significant value to the City: Risk assessment as it relates to risks due to financial and operational fraud Internal process reviews Operational reviews and special projects Review of contracting processes and contract compliance Performance audits Independent audits of selected financial activity State regulation compliance reviews Financial and operational policy compliance reviews Whether through efficiency and effectiveness reviews related to operations, compliance audits of contractual relationships or control reviews, an internal audit function can serve as a critical component of an organization' s overall accountability structure. Recommendation Consider establishing an internal audit function by either creating the position of internal auditor or alternatively, consider performing a risk assessment that identifies the various risk areas of the organization and prioritize them. Using the risk assessment, City Council could select areas of risk and hire an outside consultant to aid the organization in performing internal audit activities. Management Response: Noted. Staff understands and appreciates the importance of limiting the risk of both financial and operational fraud. It is our intention to continue our efforts to reduce these risks by the judicious segregation of duties, and the performance of limited audit procedures in high risk areas. Although an outside consultant may be considered at a future date, the current cost of such a project appears to outweigh its potential benefits. -2- C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3\Management Letter Comments FY2003.DOC, 07/15/04, 2:02 PM, CoUP NEW PRONOUNCEMENT--DETERMINATION OF AFFILIATED ORGANIZATIONS Observation The Government Accounting Standards Board ("GASB") has issued Statement No. 39, Determining Whether Certain Organizations Are Component Units, which will be effective for the City in the fiscal year ending September 30, 2004. GASB No. 39 requires state and local governments to report legally separate, tax exempt organizations as discrete component units if they meet the following criteria: The economic resources raised and held by the affiliated organization almost entirely is for the benefit of the City. - The City is entitled to or has the ability to access the funds raised by the affiliated organization. - The funds held by the affiliated organization are material to the City' s financial statements. Recommendation Evaluate affiliated organizations to determine if inclusion in the City' s financial statements is required in accordance with GASB No. 39. Management Response Noted. Staff intends to comply with the new statement by the required date. NEW PRONOUNCEMENT: DEPOSIT AND INVESTMENT RISK DISCLOSURE Observation The GASB has issued Statement No. 40, Deposit and Investment Risk Disclosures, which will be effective for the City in the fiscal year ending September 30, 2005. GASB No. 40 establishes more comprehensive disclosure requirements regarding state and local governments' deposit and investment risk related to credit risk, interest rate risk and foreign currency risk. Recommendation Review GASB No. 40 to determine the approach the City will take to obtain the necessary information to make required disclosures. Management Response Noted. Staff intends to comply with the new statement by the required date. -3- C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3\Management Letter Comments FY2003.DOC, 07/15/04, 2:02 PM, CoUP NEW PRONOUNCEMENT--IMPAIRMENT OF CAPITAL ASSETS Observation The GASB has also issued Statement No. 42, Accounting and Financial Reporting for Impairment of Capital Assets and for Insurance Recoveries, which will be effective for the City in the fiscal year ending September 30, 2006. GASB No. 42 requires that state and local governments report the effects of capital asset impairments in the financial statements when impairments, which are determined to be other than temporary, occur. Impairments of capital assets can occur under the following circumstances: changes in the utility of the assets, physical damage, and changes in legal or environmental laws and regulations, technological changes or obsolescence, changes in the manner or duration of use, or construction stoppages. Recommendation Begin reviewing GASB No. 42 to determine the approach the City will take to obtain the necessary information to make required disclosures. Management Response Noted. Staff intends to comply with the new statement by the required date. -4- C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\Management Letter Comments FY2003.DOC, 07/15/04, 2:02 PM, CoUP STATUS OF PRIOR-YEAR COMMENTS COMMENT YEAR STATUS Fixed Assets~)isposals 2002 Management implemented recommendation Fixed Assets~3ystem 2002 Management implemented recommendation Fixed Assets~Reconciliation 2002 Management implemented recommendation Inventory~Reconciliations 2002 Management implemented recommendation New Governmental Accounting Standard 2002 Management implemented recommendation Computer Back-up Procedures/ 2002 Recommendation not implemented Disaster Recovery Plan -5- C:\Documents and Settingsknwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\Management Letter Comments FY2003.DOC, 07/15/04, 2:02 PM, CoUP MANAGEMENT'S RESPONSIBILITY FOR AND THE OBJECTIVES AND LIMITATIONS OF THE SYSTEM OF INTERNAL CONTROL APPENDIX The following comments concerning management' s responsibility for the system of internal control and the objectives of and the inherent limitations in the system of internal control are adapted from the Statements on Auditing Standards of the American Institute of Certified Public Accountants. Management's Responsibility Management is responsible for establishing and maintaining a system of internal control. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of a system of internal control, policies and procedures. Objectives The objectives of a system of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management' s authorization and recorded properly to permit the preparation of financial statements in accordance with accounting principles generally accepted in the United States of America. Limitations Because of inherent limitations in any system of internal control, errors or irregularities nevertheless may occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. -6- C:\Documents and Settingsknwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\Management Letter Comments FY2003.DOC, 07/15/04, 2:02 PM, CoUP DATE: TO: FROM: SUBJECT: AGENDA MEMO (7/21/04 AGENDA) July 15, 2004 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Parking Requirements for Single Family Attached (SF-A) Districts BACKGROUND: An email was received from Carol Allred, of 3668 Asbury, regarding the lack of parking in the Single Family Attached (SF-A) zoning district north of the Middle School. As a result of no parking zones and the density in this area, Ms. Allred is concerned that there is no requirement for builders to provide off-street parking in addition to the requirement of 2 off-street parking spaces found in the Zoning Ordinance. As an example, she cites the new single family attached residences going up across the street from her that have eliminated a circle drive that provided parking in the front of the property. The new residences will not have a similar drive, so she is concerned that this will create even more parking problems along the street than already exist. She is asking that the city consider requiring that future construction require additional parking in the form of a circular drive where potential parking problems already exist. PUBLIC NOTICE: N/A RECOMMENDATION: Staff recommends that this issue be referred to the Zoning Ordinance Advisory Committee (ZOAC) for any further discussion. The results of that discussion will be brought back to the Council at a future meeting. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 From: Carol Al[red [mailto:allred75205~yahoo.com] Sent: Wed 7/7/2004 9:33 PM To: city~hall Hello... Will you please route my email to the Mayor and all council members? Thank you! Carol Allred University Park Issues: As a resident of University Park I am writing you to request a focus on a couple of issues that affect our small community. First, my home located at 3668 Asbury is situated between SMU and the Dallas Country Club's golf course. It is a street that is being updated with the new "single family attached" homes. This means, of course, that builders are coming in to buy the older single-family homes and/or the duplexes that have aged, dividing the lot and essentially buildin9 two residences one what was one lot with one home. There is obviously nothing wrong with this--the problem is what they are doing in the process. Because the south side of the street is the only side that aIIows parking on the streets most of the homes on the north side have circular drives for their guests. The new "single family attached" home, designed for two families (and their guests), which is being built across the street from me had a circular drive. The builder has demolished it and does not plan to replace it. When I asked where he thought the families guests would park he replied, "in front of your house". There is no parking in front of my house because it is used for the residents and their guests on the south side who don't have circular drives. The city says they cannot do anything about this because the building codes don't demand that a circular drive be built. There is a maximum about of concrete that can be built on the lot. Obviously, the builder wants the concrete to be in the square footage of the house so he can get more money ..... He does not care about the neighborhood or the existing residents or the buyers of the home once they move into the home not knowing what a nightmare the parking situation is already. The code has to be modified. A circular drive should be mandatory for all homes that do not allow parking on their side of the streets so that the fire trucks can get to our homes. Just think what our streets will be like in 5 years. There's also the hazard for moms/dads and their children when they are forced to park across the street, unloading their cars, hands full and trying to cross the street with cars speeding by. I have made a banner that reads: BEWARE BUYERS THERE'S NO PARKING A CIRCULAR DRIVE IS NEEDED It is hanging under my bedroom windows upstairs on the exterior of my house. I wish someone had warned me before I bought my house. The builder is obviously furious. He's complained to the City. They are requesting that ! take it down. However, they don't want to modify the code to correct the parking situation. Please help bring our community's attention to this!l!! The other issue is one that has already gotten press_ Another resident of University Park was sited because her sidewalk needed repairs. I remember reading that she is a single mom like me and cannot afford to repair the city's sidewalks. I agree with her that the city should be responsible and take care of beautiful and small city. They need to plan for the future. Instead of building/expanding the city hall facilities they should be repairing our sidewalks As you drive down the crowded streets due to all the parked cars you have to be cautious of the walkers/runners who cannot use the sidewalks because they are too dangerous. Who is in charge? Who's thinking about the future? Who cares about our city? Carol Al!red AGENDA MEMO (7/21/04 AGENDA) DATE: TO: FROM: SUBJECT: July 15, 2004 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Amendment of Preston Center Special Sign District BACKGROUND: On July 12, 2004, the Urban Design and Development Advisory Committee (UDADAC) approved an amendment of the special sign district for the Plaza at Preston Center. The amendment is to allow an additional business identification sign for Orvis Sporting Goods, at 8300 Preston Road, Suite 300. The Committee felt that the request was justified due to the two story tenant space, visibility issues, and the size of the proposed signs on the west elevation of the building. PUBLIC NOTICE: N/A RECOMMENDATION: Staff would recommend that the City Council approve the enabling ordinance amending Ordinance 90/6, the Special Sign District for the Plaza at Preston Center, allowing for an additional business identification sign for the referenced tenant. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3\COUNCIL AGENDA MEMO Preston Center Sign District (3).doc 1:33 PM 07/15/04 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE PLAZA AT PRESTON CENTER, BY AUTHORIZING SIGNS FOR ORVIS SPORTING GOODS, 8300 PRESTON ROAD, SUITE 300; PROVIDING FOR APPROVAL OF CONSTRUCTION DETAILS AND SPECIFICATIONS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Urban Design and Development Advisory Committee of the City has considered a request for amendment of Ordinance No. 90/6, the Special Sign District for the Plaza at Preston Center, as heretofore amended; and WHEREAS, the Committee is of the opinion that such amendment will result in benefits to the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such special sign district should be amended as requested; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Urban Design and Development Advisory Committee has considered a request for amendment of Ordinance No. 90/6, as heretofore amended, which granted a Special Sign District for the Plaza at Preston Center, and such amendment has been approved by the Committee as beneficial to the public health, safety, and general welfare and in the interests of the City of University Park. The City Council therefore hereby determines that ordinance No. 90/6, the Special Sign District for the Plaza at Preston Center, as heretofore amended, should be further amended in accordance with the following sections. SECTION 2. That the construction details and specifications for signage for the Orvis Sporting Goods store at 8300 Preston Road, Suite 300, attached hereto as Exhibit "A" (2 pages, Page Page 1 2 of 3 and Page 3 of 3) and made part hereof for all purposes, are hereby approved and adopted. SECTION 3. That the signs approved hereby may be constructed and placed on the elevations as shown in said Exhibit "A". SECTION 4. That any provision of Ordinance No. 90/6, as heretofore amended, in conflict with the provisions of this ordinance with regard to the signage permitted for the Plaza at Preston Center is hereby repealed. SECTION 5. That as amended hereby, ordinance No. 90/6, as heretofore amended, shall remain in full force and effect as the Special Sign District for the Plaza at Preston Center. SECTION 6. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part of provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 7. That any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 8. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 21st day of July 2004. Page 2 APPROVED: APPROVED AS TO FORM: JAMES H. HOLMES m, MAYOR ATTEST: CITY ATTORNEY (RLD/66210; 7-15 -04) NINA WILSON, CITY SECRETARY Page 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE PLAZA AT PRESTON CENTER, BY AUTHORIZING SIGNS FOR ORVIS SPORTING GOODS, 8300 PRESTON ROAD, SUITE 300; PROVIDING FOR APPROVAL OF CONSTRUCTION DETAILS AND SPECIFICATIONS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($$00.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 21st day of July 2004. APPROVED: JAMES H. HOLMES m, MAYOR ATTEST: NINA WILSON, CITY SECRETARY ~,..r*ENLAR6ED mETAIL - ILLUMINATED SlCN ~1 ~v:"ENLARGED, ,, e. DETAIL - SIGN ~4 AGENDA MEMO (07/21/04 AGENDA) DATE: TO: FROM: July 14, 2004 Honorable Mayor and Members of the City Council Olin Lane, Chair, Chase Bank Site Evaluation Committee SUBJECT: Request for Funds to Complete Evaluation of Chase Bank Building as Possible City for City Hall The committee studying the Chase Bank property met on July 1, 2004 to identify areas of study and assign tasks to various members. They were asked to study their assignments and come up with proposals for any outside/consulting help they felt would be needed to accomplish their tasks. A second meeting took place on July 13 and the following requests for support were made: 1. Property Condition Assessment Report $10,000 2. Environmental Assessment $ 4,000 3. Architectural Layout Services $ 6,000 TOTAL REQUESTS $20,000 The committee respectfully requests your approval of the above funds to assist in completion of our task. Our next meeting is scheduled after the Council Meeting at noon on July 22nd. We will move forward with these items if they approved. RECOMMENDATION: Approve funding request. ATTACHMENTS: Minutes of July 13th Meeting Cc: City Manager Finance Director 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3\CHASEBANK071404.doc 4:28 PM 07/14J Chase Bank Review Committee Meeting Notes DATE: June 13, 2004 ATTENDENCE: Olin Lane, Chair Kelly Walker Bob Clark Tommy Stewart Bob Livingston, staff Kate Hays, staff GENERAL COMMENTS: Olin opened the meeting by stating that he had several meetings with those interested in the project since last committee meeting. Those people included Vann Phillips and John Jackson. Olin is to have lunch with Albert Huddleston this Friday. He stated that he had reviewed the complete Chase Bank Lease. Observations included: > Part of the lease states that no governmental entity shall occupy the space. > No mention of the 4-5 year extension options that were thought to be in the lease. > No mention that the bank could not be relocated to one area for a certain period of time, then moved back again. > Believes that Flash is a sublease of Chase Bank. INDIVIDUAL REPORTS KELLY WALKER Presented the cost proposal from Farmer and Associates for an asbestos inspection. The figure quoted was $2,950. Kelly thought this estimate was somewhat conservative. BOB CLARK · Found that a Property Condition Assessment would cost in the neighborhood of $5,000 to $10,000, depending on the company. Bob had spoken with two different companies. · Bob asked Kelly if the asbestos inspection needed to be done prior to the PCA. Kelly stated that it was not necessary, but that the more information the assessor could have in this situation would be helpful. · Bob brought up the question of an appraisal on the property right now. He stated that he had checked into it and that it would cost approximately $3500. There was discussion and it was concluded that an appraisal was not necessary at this point. TOMMY STEWART · Received an estimate of $7,500 for site analysis and plans. · Spoke with the architect about different plans for the lot. i.e.-moving all of city hall to the location, including police and fire, building a parking garage, a new building for CB, or a combination of these things. He stated that the architect would be able to draw up several scenarios. · He brought the plans of a new fire station currently being built in the City of Rowlett. The plans were for a four-bay fire station, approximately 10,000 square feet at a cost of $144 per sq ft. · It would cost approximately $129,000 for demolition of the Chase Bank Building, not including asbestos abatement. He also noted that the cost for demolition of the current city hall building would be $40,000. ESTIMATED FINANCIAL IMPACT Site Plan Environmental Assessment Property Condition Assessment Total $6,000 $4,000 $10,000 $20,000 ACTION It was decided that a request for $20,000 in funding would be presented to the Council at the next meeting on Wednesday, July 21 at 7:30 a.m. The committee will meet again on Thursday, July 22 at 12:00 noon. AGENDA MEMO (07/21/04 AGENDA) DATE: June 29, 2004 TO: Honorable Mayor and City Council FROM: David Ledbetter, Fire Chief SUBJECT: 2004 Homeland Security Grant The City of University Park has been awarded $38,604.00 for the 2004 State Homeland Security Program. In 2003 the City was awarded $99,000.00 to purchase items for mitigating possible terrorist attacks in our communities. This year the amount was lessened which was based on community population. We spent $98,907.15 of the 2003 grant money on items that will benefit our citizens, city personnel, city council and surrounding communities as requested by the North Central Texas Council of Governments. I have attached an itemized list of the items that was purchased with the grant money. We have tried to spend the money as wisely as possible. The new money will again be spent wisely if you choose to accept the new grant. The new monies will be spent primarily on personal communication equipment for first responders in the Police, Fire, Public Works, and Administrative Departments which includes the City Council. RECOMMENDATION: Staff recommends that the 2004 State Homeland Security Grant be accepted by the City Council in the amount of $38,604.00. ATTACHMENTS: Grant Application Itemized Equipment List 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal SettingsXTemporary Internet Files\OLK3~2004 Homeland Security Grant AGENDA MEMO.doc 3:15 PM 06/30/04 2003 Grant Itemized Equipment List Item Qty. Decon Shelter 1 ea. Decon Coveralls, Lg. 10 cases Decon Coveralls, XL 12 cases Pre-Decon Modesty Kit 5 cases Post-Decon Modesty Kit 5 cases ADP2000 Chemical Detector 1 ea. Merlin Compressed Air Foam System, wheel unit 1 ea. Chemical C8 Detection Paper 5 pks. Chemical M9 Detection Paper 3 rolls SEMS PDR Base Station 1 ea. SEMS Field Installation Kit 5 ea. RAE 4 Gas Monitor 2 ea. Level A Encapsulated Hazmat Suit 3 ea. MSA Chem/Bio Respirators Med. 76 ea. MSA Chem/Bio Respirators Sm. 5 ea. MSA Chem/Bio Respirators Lg. 15 ea. Scott Face piece Communication System 10 ea. Talk Around Radio Cable Interface 10 ea. Nozzle Filter for APD2000 5 pk. NFPA HazMat Guide Book 1 ea. 65 Gal Poly Over pack Drum 4 ea. Motorola XTS2500 Portable Radio 4 ea. Motorola XTS2500 Chargers 4 ea. Mark I Biological Warfare Antidote 13 pks Unit Cost $4,194.41 $65.89 $65.89 $261.18 $210.16 $10,352.76 $4,194.13 $9.77 $22.55 $2,985.94 $1,356.39 $4,179.97 $589.08 $242.69 $242.69 $242.69 $767.81 $300.00 $24.21 $175.77 $104.97 $2,916.55 $160.31 $719.04 Extended Cost $4,194.41 $658.90 $790.68 $1,305.90 $1,050.80 $10,352.76 $4, 194.13 $48.85 $67.65 $2,985.94 $6,781.95 $8,359.94 $1,767.24 $18,444.44 $1,213.45 $3,640.35 $7,678.10 $3,000.00 $121.05 $175.77 $419.88 $11,666.20 $641.24 $9,347.52 Total $98,907.15 2004 SHSP - 74492 June 4,2004 Chief David Ledbetter 3800 University Boulevard Dallas, TX 75205 Dear Chief Ledbetter: You are receiving the enclosed Notice of SubrecipientAward for the 2004 State Homeland Security Program and Texas 2004 State Homeland Security Program Grant Instructions because you are registered as the Jurisdiction Point of Contact for the City of University Park on the Texas Domestic Preparedness Assessment website. If you are no longer serving in that capacity please immediately give this packet to the correct individual. Your senior elected official has been informed in the grant announcement letter that this packet would be sent to you. The enclosed documents contain the necessary documentation and instructions for you to utilize your 2004 State Homeland Security Program (SHSP) sub-grant to improve your jurisdiction's ability to respond to potential terrorist use of a Weapon of Mass Destruction. Jurisdictions with an exercise amount in block 12 have been nominated to participate in the Texas WMD/Terrorism Incident Exercise Program. The exercise program will be provided using grant funds retained by the state on the jurisdiction's behalf. Jurisdictions nominated for an exercise need to complete block 12A. Jurisdictions declining the exercise will receive the grant amount shown in block 11, but not the exercise amount. The Notice of Subrecipient Award should be signed by the County Judge, City Mayor, City Manager, Mayor Pro-TEM, Executive Director for the Council of Government, or Chief Financial Officer for the jurisdiction. Subgrants to agencies should be signed by the agency director. Other signatures will require an accompanying statement from the senior elected official authorizing the individual to sign for the jurisdiction. The Deadline to return the signed Notice of Subrecipient Award is August 16, 2004, either by fax or postmarked with the due date. Jurisdictions that cannot meet the deadline should immediately contact the Texas Engineering Extension Service to request an extension. A maximum 30 day extension may be granted to allow for schedules of City Councils and Commissioners' Courts. The offer of award will be withdrawn if the signed Notice of Subrecipient Award is not returned by the due date or extended date. Address: Director of Domestic Preparedness John B. Connally Building 301 Tarrow-TEEX, Suite 138 College Station, TX 77840-7896 Fax: (979) 458-6927 Email: support(~texasdpa.com If you have any questions, or require further information regarding this award, please do not hesitate to contact Charles Todd, TEEX Director of Domestic Preparedness, at (979) 458-6815. Sincerely, Charles Todd Director of Domestic Preparedness Texas Engineering Extension Service 2004 SHSP - 74492 Page 1 TEXAS ENGINEERING EXTENSION NOTICE OF SUBRECIPIENT AWARD SERVICE FOR City of University Park STATE HOMELAND SECURITY GRANT PROGRAM 1. RECIPIENT NAME AND ADDRESS 4. AWARD NUMBER:2004 SHSP - 74492 Chief David Ledbettcr 3800 University Boulevard 5. PROJECT PERIOD: FROM DEC 1, 2003 - NOV. 30, 2005 Dallas, TX 75205 BUDGET PERIOD: FROM DEC 1, 2003 - NOV. 30, 2005 6. AWARD DATE 7. ACTION June 4, 2004 IA. GRANTEE IRS/VENDOR NO. 8. CFDA NUMBER: Initial Award 17560006987 97.004 9. AMOUNT AWARDED AS A BASE GRANT: $0.00 3. GRANT TITLE 10. AMOUNT AWARDED FROM REGION: $38,604.00 2004 STATE HOMELAND SECURITY PROGRAM 3A. Grant award number to TEEX: 2004-GE-T4-0015 11. TOTAL SUBRECIPIENT AWARD (9+10): $38,604.00 12. ADDITIONAL AMOUNT AWARDED FOR AN EXERCISE PROGRAM TO BE PROVIDED FROM FUNDS RETAINED BY THE STATE: BLOCK 12.4 TO BE COMPLETED ONLY IF AN AMOUNT IS SHOWN IN BLOCK 12 12A. SUBRECIPIENTS WITH AN AMOUNT IN BLOCK 12 MUST CHECK ONE BOX [] SUBRECIPIENT ACCEPTS EXERCISE AMOUNT SHOWN IN BLOCK 12, ALL SPECIAL CONDITIONS, AND THE GRANT AMOUNT SHOWN IN BLOCK 11. [] SUBRECIPIENT DECLINES EXERCISE AMOUNT SHOWN IN BLOCK 12 AND DOES NOT ACCEPT SPECIAL CONDITION NUMBER 10. SUBRECIPIENT ACCEPTS ALL OTHER SPECIAL CONDITIONS AND THE GRANT AMOUNT SHOWN IN BLOCK 11. 13. SPECIAL CONDITIONS THE ABOVE GRANT IS SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH IN THE NOTICE OF SUBRECIPIENTAWARD AND IN THE TEXAS 2004 SHSP GRANT INSTRUCTIONS 13. STATUTORY AUTHORITY FOR GRANT THIS PROJECT IS SUPPORTED UNDER PUBLIC LAW 108-90, THE DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2004. 13. METHOD OF PAYMENT REIMBURSEMENT: SEE DETAILS IN TEXAS 2004 STATE HOMELAND SECURITY PROGRAM GRANT INSTRUCTIONS AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE 16. SIGNATURE OF APPROVING TEEX OFFICIAL 17.TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Arturo Alonzo Deputy Director/CFO Texas Engineering Extension Service AGENCY USE ONLY 18. SIGNATURE OF AUTHORIZED 18A. DATE SUBRECIPIENT OFFICIAL 2004 SHSP - 74492 Page 2 TEXAS ENGINEERING EXTENSION SERVICE STATE HOMELAND SECURITY GRANT PROGRAM NOTICE OF SUBRECIPIENT AWARD City of University Park AWARD NUMBER 2004 SHSP - 74492 AWARD DATE June 4, 2004 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) SPECIAL CONDITIONS The Notice of Subrecipient Award is only an offer until the subrecipient returns the signed copy of the Notification of Subrecipient Award in accordance with the date provided in the transmittal letter. The subrecipient agrees to use funds in accordance with the instructions in the Texas 2004 SHSP Grant Instructions. The subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of Office of Justice Programs (OJP) Financial Guide. The subrecipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. Subrecipient agrees to make no request for reimbursement prior to return of this agreement approved by the subrecipient and signed by the authorized subrecipient representative. Subrecipient agrees to make no request for reimbursement for goods or services procured by subrecipient prior to the performance period start date of this agreement. Subrecipient agrees to comply with the instructions in the Texas 2004 SHSP Grant Instructions regarding base grant awards if an amount is indicated in block 9 Subrecipient agrees to comply with the instructions in the Texas 2004 SHSP Grant Instructions regarding regional awards if an amount is indicated in block 10. Subrecipient agrees to comply with any special conditions and projects listed in this Notice of Subrecipient Award for regional projects. Subrecipient acknowledges and agrees that if an amount is listed in block 12 for exercises that the amount will be held by TEEX as the State Administrative Agency, on behalf of the jurisdiction, and will be used to provide the exercise program under the Texas WMD Terrorism Exercise Program. The subrecipient affn-ms that federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 2004 SHSP - 74492 Page 3 TEXAS ENGINEERING EXTENSION SERVICE STATE HOMELAND SECURITY GRANT PROGRAM NOTICE OF SUBRECIPIENT AWARD For City of University Park AWARD NUMBER 2004 SHSP - 74492 AWARD DATE June 4, 2004- SPECIAL CONDITIONS FOR REGIONAL PORTION OF AWARD Projects and Conditions for thc Regional Portion of the Award. 1. Interoperable Communications purchases must be reviewed and approved by the NCTCOG Interoperable Communications Committee. 2. Jurisdictions must continue to develop Mutual Aid documents with surrounding jurisdictions. Project 1. Procure approved mobile/portable radios. End of Notice of Subrecipient Award 2004 Texas State Homeland Security Program Grant Instructions TABLE OF CONTENTS EXECUTIVE SUMMARY II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. ACCEPTING THE GRANT TIMELY USE OF GRANT FUNDS BASE GRANT PROJECTS REGIONAL GRANT PROJECTS EXERCISE GRANT PROJECTS AUTHORIZED PROGRAM EXPENDITURES EQUIPMENT ACQUISITION PROCEDURES ACCOUNTABILITY REQUIREMENTS SUBRECIPIENT LEGAL COMPLIANCE CONFLICT OF INTEREST LEGAL AUTHORITY GOVERNING LAW 1 1 1 1 2 2 3 4 5 5 5 5 PROGRAM GUIDANCE B. C. D. E. F. G. H. I. J. K. INTRODUCTION LIST BUILD AND PURCHASE PROCESS GRANT GUIDELINES AND GRANT PROCUREMENT OPTIONS REIMBURSEMENT/PAYMENT PROCEDURES FISCAL ADMINISTRATION REPORTING REQUIREMENTS/MONITORING/ACCOUNTABILITY GRANT CLOSING/RELEASE OF UNUSED FUNDS SUBRECIPIENT LEGAL COMPLIANCE AGREEMENT CHANGES/ADDITIONS/DELETIONS CONFLICT OF INTEREST GENERAL 7 8 10 11 12 12 14 15 15 18 19 ENCLOSURE 1 ODP GRANT INFORMATION FOR TEXAS STATE HOMELAND SECURITY PROGRAM SUBRECIPIENTS General Guidance Authorized Program Expenditures Allowable Planning Costs Allowable Equipment Costs (Equipment List) Allowable Training Costs Allowable Exercise Costs Unauthorized Program Expenditures APPENDIX D FROM ODP 2004 STATE HOMELAND SECURITY GRANT PROGRAM GUIDELINES AND APPLICATION TOOL KIT APPENDIX E FROM ODP 2004 STATE HOMELAND SECURITY GRANT PROGRAM GUIDELINES AND APPLICATION TOOL KIT 21 21 22 22 23 39 42 43 45 47 2004 Texas State Homeland Security Program Grant Instructions EXECUTIVE SUMMARY I. ACCEPTING THE GRANT A. Sign both copies of the Notification of Subrecipient Award, retain one copy for your records and return one to TEEX by August 16, 2004. Bo A request for extension of time to accept the grant must be made before the deadline shown in the transmittal letter. An extension of up to 30 days may be granted to allow the grant award to be reviewed by City Council or Commissioners' Court. C. The offer of award will be withdrawn if the signed Notice of Subrecipient Award is not returned by the due date or extended date. II. TIMELY USE OF GRANT FUNDS Timely use of grant funds is building an approved list on the Texasdpa.com web site, submit the list for approval, have the list's purchase methods selected and submitted within 120 days from date of grant award (June 04, 2004). III. BASE GRANT PROJECTS If the Subrecipient was awarded a base grant amount, the Subrecipient must complete the following process prior to the release of any funds: A. Subrecipient with a base grant must assign a project for each item of equipment when building the list on-line. A drop down list will be available to facilitate selection. B. Jurisdiction must submit their equipment list through the www.texasadpa.com website for approval. C. All allocations and use of funds under the SHSGP must support the State Homeland Security Strategy goals and objectives. A copy of the State Homeland Security Strategy can be downloaded from www.texasdpa.info. IV. REGIONAL GRANT PROJECTS A Subrecipient must complete the following process prior to the acquisition of any equipment: A. The Subrecipient must select equipment from the 2004 Authorized Equipment List that supports their Regional Grant Projects. B. Subrecipient must submit their equipment list through the www.texasadpa, com website for approval. V. EXERCISE GRANT PROJECTS A Subrecipient must accept the exercise grant in order to receive the exercise. The locations of the state run exercises were determined by the Governor's Division of Emergency Management. Jurisdictions that do not accept the exercise grant and its conditions will still receive any base or regional funding indicated, but will not receive the exercise amount. Funding for the exercise program is held at the state level to pay for the exercise. The jurisdiction will not receive any direct funds from the exercise amount. VI. AUTHORIZED PROGRAM EXPENDITURES Subrecipient may use funding in any of four categories: (1) planning; (2) equipment acquisitions; (3) training; (4) exercise; EQUIPMENT - Equipment may be selected from the FY 2004 authorized equipment list. The authorized equipment list can be located in Enclosure 1: Pages 23-38. PLANNING - Planning funds may be used for assessments, strategy development, and plan development. Careful consideration must be taken to ensure that the funds are not used to supplant already funded functions. Guidelines can be located in Enclosure 1: Pages 22-23. TRAINING - Training funds may be used to pay backfill overtime costs for attendance at ODP approved training, and for presenting ODP approved training. The jurisdiction may only set aside 10% of its awarded amount for training. Guidelines for training cost can be located in Enclosure 1: Pages 39-40. Appendix D gives guidance for requesting ODP approval of Non-ODP course development, it can be located in Enclosure 1: Pages 45-46. EXERCISES - Exercise funds may be used to pay exercise expenses and backfill overtime costs. The Texas WMD Exercise Program is the primary exercise program under the State Homeland Security Grant Program. Guidelines can be located in Enclosure 1: Pages 42-43. 2 VII. EQUIPMENT ACQUISITION PROCEDURES The following processes must be completed prior to the acquisition of any equipment: Subrecipient will create the proposed equipment purchase list (Equipment Build List Process) for COG and State Administrative Agency (SAA) approval on-line through the TEXASDPA website. The use of the on-line sites for creating the proposed list does not obligate the Subrecipient to a specific method of procurement. Subrecipient retains the choice of purchasing methods, (Prime Vendor (Fisher), or local purchase), they will use to procure the equipment after the SAA approves the list. B. Subrecipient will follow the review, ordering, procurement, and reimbursement / payment process as later outlined in the Grant Instructions document in Section B - D. Subrecipient must retain shipping receipts and invoices of all equipment list items received through the Homeland Security Grant for at least three years following grant closure. Subrecipient must fax signed and dated shipping receipts to TEEX in accordance with the following timelines. Purchases made using local purchasing methods will require a shipping receipt and invoice showing an obligation to pay. Shipping receipts are needed for proof of delivery. a. Prime Vendor (Fisher) purchases: Fax a signed and dated shipping receipt within five days of receipt of equipment. b. Purchase using established local procedures: Payment will be made within three weeks of receipt of faxed dated shipping receipt and invoice showing an obligation of the local jurisdiction to pay. FAX to: (979) 458-6927 Attn: Homeland Security Grant Program All equipment list items acquired under the Homeland Security Grant are the property of the Subrecipient and subject to the inventory and property rules under OMB Circular A- l02. Property title transfers to the Subrecipient upon receipt of the equipment. Subrecipient must maintain property records, in accordance with locally established procedure. Subrecipient must keep these records readily available to ensure property accountability. There must be a physical inventory of grant procured equipment items with market value in excess of $5,000.00 which includes the following information: a description of the item, a serial number, received date, the titleholder of the equipment, value of equipment and the owner and the location of the equipment at least once a year. Subrecipient must have a control system in place to locate and safeguard equipment. VIII. ACCOUNTABILITY REQUIREMENTS Ao Subrecipient agrees to provide to TEEX, in accordance with procedures and time frames prescribed by TEEX, any technical or program reports, data, and information on the operation and performance of this Agreement deemed necessary. Bo Subrecipient shall maintain all records, financial management records and supporting documentation for all expenditures of funds made under this Agreement, in compliance with all retention and custodial requirements for records referenced in this Agreement. Subrecipient shall retain all fiscal records and supporting documents for a minimum of three (3) years a~er final Agreement closeout. Subrecipient shall provide state or federal auditing agencies, TEEX, or any of their duly authorized representatives, access to and the right to examine, copy, or reproduce all reports and records pertaining to this Agreement. Such rights to access shall continue as long as the records are retained by the Subrecipient. TEEX shall have the right of timely and reasonable access to the Subrecipient and Subrecipient premises and personnel for the purpose of inspection, monitoring, auditing, evaluation, or interview, related to all records required to be retained under this Section. Bo TEEX reserves the right to conduct or cause to be conducted an independent audit of all funds received under this Agreement, which may be performed by government audit staff, a certified public accounting firm, or other auditors as designated by TEEX. Subrecipient shall cooperate with all authorized auditors and shall make available all accounting and project records including supporting source documentation. Such audit will be conducted in accordance with applicable state and federal rules and regulations, Agreement guidelines, and established professional standards and practices. TEEX, or its designee, retains the right to monitor, examine and audit all records, documents and activities related to projects funded by this Agreement, and to perform such project evaluation studies that TEEX deems necessary to determine the adequacy of the procedures used. TEEX will notify the Subrecipient in writing of any deficiencies noted during such review, and may withhold payments as appropriate based upon such review. TEEX will provide technical assistance to the Subrecipient to correct the deficiencies noted. TEEX may conduct follow-up visits to review the previous deficiencies and to assess the efforts made to correct them. If such deficiencies persist, TEEX may terminate this Agreement effective immediately and/or apply sanctions pursuant to Section I (Sanctions or Remedial Measures), or take such other action as it deems appropriate. 4 IX. SUBRECIPIENT LEGAL COMPLIANCE mo As a condition to award of monies under this Agreement, Subrecipient assures, with respect to the operation of a federally funded program or activity, that it will comply fully with the non-discrimination and equal opportunity provisions of the following laws to the extent applicable: (a) Title VI of the Civil Rights Act of 1964, as amended; (b) Section 504 of the Rehabilitation Act of 1973, as amended; (c) the Age Discrimination Act of 1975, as amended; (d) Title IX of the Education Amendments of 1972, as amended; (e) Americans with Disabilities Act of 1990; and (f) any other statutory provisions relating to non-discrimination. Bo In the performance of this Agreement, Subrecipient shall comply with the following Office of Management and Budget (OMB) Circulars applicable to its organization, institution or agency: Administrative Requirements (A- 102 and A- 110); Cost Principles (A-21, A-87 and 122); and Audit Guidance (A- 133). Co The parties agree to be bound by all terms of this Agreement and all applicable state and federal statutes and regulations, and all provisions contained therein, including the Office of Justice Programs "Financial Guide" located at: http://www.oip.usdoi.gov/FinGuide/ X. CONFLICT OF INTEREST mo No employee of the Subrecipient or a Subrecipient, no member of the Subrecipient's or a Subrecipient's governing body, and no person who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to this Agreement which affect his or her personal pecuniary interest. XI. LEGAL AUTHORITY A° The Subrecipient represents and guarantees that it possesses the legal authority to enter into this Agreement, receive funds authorized by this Agreement, and perform the functions and activities pertaining to this Agreement. Bo The person signing this Agreement on behalf of Subrecipient hereby warrants that he/she has been fully authorized by Subrecipient to execute this Agreement on behalf of Subrecipient and to legally bind Subrecipient to all the terms, performances and provisions herein set forth. XII. GOVERNING LAW A. This Agreement shall be governed and construed in accordance with the laws of the State of Texas. 2004 Texas State Homeland Security Program Grant Instructions Program Guidance A. INTRODUCTION THIS AGREEMENT, by and between Subrecipient, as identified in the Notice of Subrecipient Award, and the Texas Engineering Extension Service (hereinafter called "TEEX"), established under the laws of the State of Texas as a state agency component of the Texas A&M University System, located at 301 Tarrow, College Station, Texas, 77840-7896; WHEREAS, TEEX has been awarded a grant entitled "Homeland Security Grant Program" from the U.S. Department of Homeland Security, Office of Domestic Preparedness, and TEEX desires that Subrecipient receive benefit from this grant as a subgrantee, all as herein provided, involving the procurement and management of equipment and other activities involving preparedness planning, training and exercises; WHEREAS, Subrecipient has agreed to do so under the terms and conditions hereinafter set forth; NOW THEREFORE, the parties hereto mutually covenant and agree as follows as evidenced by signatures on the Notice of Subrecipient Award: 7 B. LIST BUILD AND PURCHASE PROCESS Step 1 of 7: Grant Project Approval Subrecipient will ensure a project is assigned for all equipment items when completing equipment lists. Step 2 of 7: Building an Equipment List Subrecipient will create the proposed equipment purchase list for Council of Government (COG) and TEEX approval on-line at the TEXASDPA and Fisher Safety websites with final submission done on the TEXASDPA website. The use of the on-line sites for creating the proposed equipment purchase list does not obligate the Subrecipient to a specific method of procurement. Subrecipient retains the choice of purchasing methods they will use to procure the equipment after TEEX approves the list. There are two websites for list building - both will be used to create an equipment purchase list: Site 1. Vehicles, pharmaceuticals, physical security equipment, specialized items, and other items not available on the Prime Vendor site will be selected at w~'.texasdpa,com Site 2. All other equipment list items will be selected at the Prime Vendor site at www.fishersci.com Subrecipient will be responsible for creating and maintaining its equipment purchase list. Subrecipient will contact their COG to arrange for TEXASDPA website instructions and training. The completed equipment purchase list will show all items selected to be purchased and their quantity by discipline (fire, law enforcement, EMS, etc.). Step 3 of 7: Adjusting orders to match the grant amount Equipment lists created on the Prime Vendor Site (wwxv.fishersci.com) and TEXASDPA website "Equipment Build" section will be merged once a week. Subrecipient will review the merged list on the TEXASDPA website "Equipment Spreadsheet" section for the following: 1) Amount of projected purchases is not over or substantially under the grant amount; 2) Accuracy of the list; 8 Step 4 of 7: The review process 1) When Subrecipient is satisfied with their equipment list they will submit it on the TEXASDPA website "Equipment Spreadsheet" for review ("submit completed list" button). 2) Subrecipient's COG will review and approve or disapprove the equipment list on-line after Subrecipient submits the equipment list. 3) A disapproved equipment list will require Subrecipient to make changes in the same manner as they used during the equipment list creation process. 4) An approved equipment list will be automatically forwarded on-line to the State Administrative Agency (SAA) for review and approval or disapproval with direction for list modification. Step 5 of 7: Select Purchasing Method Subrecipient will be notified by email to return to the TEXASDPA Website to select a Purchase Method for each piece of equipment. The two purchase methods are Prime Vendor (Fisher) and Local Purchase. Step 6 of 7: The purchasing process Subrecipients using a single purchase method for all purchases will have all funding available in a single release. The SAA will release fimds to a Subrecipient using more than one purchase method according to the process below: 1) Purchases of vehicles and/or single purchase items of $25,000.00 or more will be the initiating purchase, then; 2) TEEX will release the Prime Vendor (Fisher) purchase requests when TEEX has received written confirmation of final price from vendor for the vehicles and/or single purchase items of $25,000 or more. Final price must include all fees. (Failure to include fees will result in the invoice being rejected) then; 3) Local Purchase requests; and 4) Second round purchases on remaining balance will be processed on a case by case basis. 9 Step 7 of 7: Equipment Receipts Subrecipient must fax signed and dated shipping receipts to TEEX in accordance with the following timelines. Purchases made using local purchasing methods will require a shipping receipt and invoice showing an obligation to pay. Shipping receipts are needed for proof of delivery. a. Prime Vendor (Fisher) purchases: Fax a signed and dated shipping receipt within five days of receipt of equipment. b. Purchase using established local procedures: Payment will be made within three weeks of receipt of faxed dated shipping receipt and invoice showing an obligation of the local jurisdiction to pay. C. GRANT GUIDELINES AND GRANT PROCUREMENT OPTIONS Subrecipient will follow the stated guidelines to ensure the accurate and prompt purchase, receipt, payment and management of their grant procured items. These guidelines will ensure proper property accountability. Guidelines are in place to ensure that proper controls oversee the purchasing process for each Subrecipient. Subrecipient must provide a shipping address and designate a receiving point of contact to be entered on www.texasdpa.com website. Subrecipient using the Local Purchase option, according to its own policies and procedures, will be responsible for purchasing, receipt and inventory of equipment list items purchased. Subrecipient will be responsible for overseeing the procurement process for each purchasing option. The Subrecipient point of contact will be responsible to the State Administrative Agency for inventory of property, providing required reports, and the monitoring of its grant participation. Subrecipient retains the ability to organize as desired to complete the required tasks, but the Point of Contact remains responsible for providing required information to TEEX. Prime Vendor Program through the Defense Logistics Agency (DLA) The Defense Logistics Agency will invoice TEEX directly for items procured through the Prime Vendor (Fisher) purchase option. Subrecipient is not required to pay the Prime Vendor. 10 Local Purchasing Option Equipment list items are procured in accordance with Subrecipient's own purchasing process requirements. Reimbursement will be made to Subrecipient within three weeks of submission of an invoice showing an obligation to pay and a signed and dated shipping receipt to TEEX. D. REIMBURSEMENT/PAYMENT PROCEDURES Administration Subrecipient must fax signed and dated shipping receipts to TEEX in accordance with the following timelines. Purchases made using local purchasing methods will require a shipping receipt and invoice showing an obligation to pay. Shipping receipts are needed for proof of delivery. a. Prime Vendor (Fisher) purchases: Fax a signed and dated shipping receipt within five days of receipt of equipment. b. Purchase using established local procedures: Payment will be made within three weeks of receipt of faxed dated shipping receipt and invoice showing an obligation of the local jurisdiction to pay. (979) 458-6927 Attn: Homeland Security Grant Program TEEX must receive shipping receipts in a timely manner to ensure the prompt payment and proper documentation of the grant activity. Delay in sending shipping receipts to TEEX will result in delayed payment status to either the vendor or the Subrecipient, depending on the purchase method used. All equipment list items must be examined when received to ensure that shipping receipts match the items ordered and received from the vendor. Subrecipient is responsible for contacting the vendor to replace any damaged items or incorrect shipments. All equipment list items acquired under the Homeland Security Grant are the property of the Subrecipient and subject to the inventory and property rules under OMB Circular A-102. Property title transfers to the Subrecipient upon receipt of the equipment. Subrecipient must maintain property records, in accordance with locally established procedures. Subrecipient must keep these records readily available to ensure property accountability. There must be a physical inventory of grant procured equipment items with market value in excess of $5,000.00 which includes the following information: a description of the item, a serial number, received date, the titleholder of the equipment, value of equipment and the owner and the location of the equipment at least once a year. Subrecipient must have a control system in place to locate and safeguard equipment. 11 E. FISCAL ADMINISTRATION Availability of Funds Notwithstanding any other Agreement provisions, the parties hereto understand and agree that TEEX's obligations under this Agreement are contingent upon the availability of adequate funds to meet TEEX's liabilities hereunder. Limitation on Liability The Subrecipient understands and agrees that it shall be liable to repay to TEEX any funds not expended in accordance with this Agreement or determined to be expended in violation of the terms of this Agreement. TEEX will pay costs properly incurred by the Subrecipient under this Agreement in the amount specified in the Notice of Subrecipient Award or any mutual amendments hereto. TEEX shall not be liable to the Subrecipient for costs under this Agreement which exceed the amount specified in the Notice of Subrecipient Award. TEEX may deobligate awarded funds after consultation with the Subrecipient and upon determination by TEEX that funds will not be spent in accordance with the Agreement or will not be spent in a timely manner. Timely manner for equipment items requires completion of the equipment list and selection of purchasing methods within 120 days of grant award. Subrecipients not completing the list within a 90 day period after grant award will be contacted and officially notified that they are in jeopardy of losing grant funds if the list is not completed by day 120. Due consideration will be given when the delay is not within control of the subrecipient. Funds not encumbered at the 120 day point may be returned to the Council of Govermnents for regional distribution as determined by the COG Goveming Board. F. REPORTING REQUIREMENTS/MONITORING/ACCOUNTABILITY Reporting Subrecipient must submit semiannual progress reports on the TexasDPA.com website. The semi-annual progress reports, due November 30 and May 31, should summarize the previous six months. The summary reports should detail how the equipment~ planning~ training and exercise funds improved the capabilities of the Subrecipient. This report will then be forwarded to the Office for Domestic Preparedness as documentation for their records on the progress of the grant. 12 Reporting requirements Subrecipient agrees to provide to TEEX, in accordance with procedures and time frames prescribed by TEEX, any technical or program reports, data, and information on the operation and performance of this Agreement deemed necessary by TEEX. If Subrecipient fails to submit to TEEX in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, TEEX may withhold payments otherwise due and owing Subrecipient. If TEEX withholds such payments, it shall notify Subrecipient in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may be held by TEEX until such time as the delinquent obligations for which funds are withheld are fulfilled by Subrecipient. Retention and Accessibility of Records Subrecipient shall maintain all records, financial management records and supporting documentation for all expenditures of funds made under this Agreement, in compliance with all retention and custodial requirements for records referenced in this Agreement. Subrecipient shall retain all fiscal records and supporting documents for a minimum of three (3) years after final Agreement closeout. In the event there is litigation or an unresolved audit discrepancy at the end of such retention period, the records will be retained until the litigation or discrepancy is resolved. Subrecipient shall provide state or federal auditing agencies, TEEX, or any of their duly authorized representatives, access to and the right to examine, copy, or reproduce all reports and records pertaining to this Agreement. Such rights to access shall continue as long as the records are retained by the Subrecipient. TEEX shall have the right of timely and reasonable access to Subrecipient and Subrecipient premises and personnel for the purpose of inspection, monitoring, auditing, evaluation, or interview, related to all records required to be retained under this Section. Audits or Evaluations TEEX reserves the right to conduct or cause to be conducted an independent audit of all funds received under this Agreement, which may be performed by government audit staff, a certified public accounting firm, or other auditors as designated by TEEX. Subrecipient shall cooperate with all authorized auditors and shall make available all accounting and project records including supporting source documentation. Such audit will be conducted in accordance with applicable state and federal rules and regulations, Agreement guidelines, and established professional standards and practices. Subrecipient shall be liable to TEEX for any costs disallowed as a result of an audit. Subrecipient shall further be responsible for any audit exception or other payment deficiency in the project covered by the Agreement, and all subcontracts hereunder, which are found to exist after monitoring, review, or auditing by any party as authorized or required by TEEX. 13 Subrecipient, or the auditors that monitor or audit the Subrecipient, shall immediately report to TEEX any incidents of fraud, abuse or potentially criminal activity in relation to the provisions of this Agreement. Monitoring, Onsite Visits and Technical Assistance Subrecipient is subject to these guidelines and procedures. TEEX will conduct onsite visits which will enable TEEX personnel to confirm the location, condition and use of the property and if it is being used for the intended purpose as stated in the Agreement. Site locations may be selected in a random manner. TEEX, or its designee, retains the right to monitor, examine and audit all records, documents and activities related to projects funded by this Agreement, and to perform such project evaluation studies that TEEX deems necessary to determine the adequacy of the services performed. TEEX will notify the Subrecipient in writing of any deficiencies noted during such review, and may withhold payments as appropriate based upon such review. TEEX will provide technical assistance to the Subrecipient to correct the deficiencies noted. TEEX may conduct follow-up visits to review the previous deficiencies and to assess the efforts made to correct them. If such deficiencies persist, TEEX may terminate this Agreement effective immediately and/or apply sanctions pursuant to Section J (Sanctions and Remedial Measures) of this Agreement, or take such other action as it deems appropriate. G. GRANT CLOSING/RELEASE OF UNUSED FUNDS As Subrecipient completes the purchasing process and wants to release unused funds, it may select the "De-Obligate" button on the TEXASDPA website. At the end of the grant period, Subrecipient may return any remaining monies to the COG for redistribution to another Subrecipient. 14 H. SUBRECIPIENT LEGAL COMPLIANCE Compliance with Laws/Certifications As a condition to award of monies under this Agreement, Subrecipient assures, with respect to the operation of a federally funded program or activity, that it will comply fully with the non-discrimination and equal opportunity provisions of the following laws to the extent applicable: (a) Title VI of the Civil Rights Act of 1964, as amended; (b) Section 504 of the Rehabilitation Act of 1973, as amended; (c) the Age Discrimination Act of 1975, as amended; (d) Title IX of the Education Amendments of 1972, as amended; (e) Americans with Disabilities Act of 1990; and (f) any other statutory provisions relating to non- discrimination. Compliance with Laws/Regulations In the performance of this Agreement, Subrecipient shall comply with the following Office of Management and Budget (OMB) Circulars applicable to its organization, institution or agency: Administrative Requirements (A- 102 and A- 110); Cost Principles (A-21, A-87 and 122); and Audit Guidance (A-133). The parties agree to be bound by all terms of this Agreement and all applicable state and federal statutes and regulations, and all provisions contained therein, including the Office of Justice Programs "Financial Guide" located at: http://www.ojp.usdoi.gov/FinGuide/ I. AGREEMENT CHANGES/ADDITIONS/DELETIONS Changes and Amendments Any alterations, additions, or deletions to the terms of this Agreement shall be by modification hereto in writing and executed by both parties to this Agreement before the changes to the Agreement are implemented. Severability If a provision contained in this Agreement is held to be invalid, illegal, or unenforceable for any reason, it shall not affect any other provision of the Agreement. It is the intent of the parties that if any provision is held to be invalid, illegal or unenforceable, there shall be added in lieu thereof a valid and enforceable provision as similar in terms to such provision as is possible. 15 Force Majeure In the event that performance by either party of any of its obligations under the terms of this Agreement shall be interrupted or delayed by an act of God, by acts of war, riot, or civil commotion, by any act of government, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the parties hereto, that party shall be excused from such performance for such period of time as is reasonably necessary after such occurrence abates for the effects thereof to have dissipated. Non-Assignment This Agreement is not assignable. Notwithstanding any attempt to assign the Agreement, the Subrecipient shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants and conditions of this Agreement. The Subrecipient shall be held responsible for all funds received under this Agreement. Termination of Agreement This Agreement may be terminated, in whole or in part, whenever TEEX determines that such termination is in the best interest of the project, such termination to be effective upon the Subrecipient's receipt of written notification of termination from TEEX. In the event of such termination, the Subrecipient shall be entitled to compensation under this Agreement for allowable expenditures up to the termination date. When justified, TEEX may terminate this Agreement for cause, whereupon all compensation to the Subrecipient shall cease pending completion of any final report and any closing audit required by TEEX. If the Subrecipient fails to perform in accordance with the provisions of this Agreement, TEEX may terminate this Agreement after issuing written notice of default to the Subrecipient and allowing the Subrecipient thirty (30) days following the issuance of such notice in which to correct the deficiency to the satisfaction of TEEX. Such termination shall not be an exclusive remedy but shall be in addition to any other rights, sanctions and remedies provided by law or under this Agreement. Notwithstanding TEEX's exercise of its right of early termination, the Subrecipient shall not be relieved of any liability for damages due to TEEX. TEEX may withhold payment to the Subrecipient on this or any other Agreement until such time as the exact amount of damages due to TEEX from the Subrecipient is agreed upon or is otherwise determined by TEEX. If Federal funds are not available, or in the event that State laws or regulations should be amended or judicially interpreted to render continued fulfillment of this Agreement by either party substantially unreasonable or impossible, or if the parties are unable to agree on an amendment to enable the substantial continuation of performance under this Agreement, then the parties shall be discharged from any further obligations under this Agreement, except for 16 the equitable settlement of the respective accrued interests or obligations incurred up to the effective date of termination. The Subrecipient shall cease to incur costs under this Agreement upon termination or receipt of written notice to terminate, whichever occurs first Sanctions or Remedial Measures If Subrecipient materially fails to comply with the terms and conditions of this Agreement, TEEX shall notify the Subrecipient in writing describing performance that is not in compliance with the terms and conditions of this Agreement. The Subrecipient shall confer with TEEX to discuss the non-compliance and necessary corrective actions to ensure performance will be in compliance. If TEEX and Subrecipient cannot agree on corrective actions, TEEX may take one or more of the following actions, as appropriate: Temporarily withhold cash payments pending correction of the deficiency by Subrecipient; Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; Wholly or partially suspend or terminate the current award; Exercise any other available remedies. Dispute Resolution The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by TEEX and the Subrecipient to attempt to resolve any claim for breach of contract made by the Subrecipient: A Subrecipient's claim for breach of this Agreement that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, the Subrecipient shall submit written notice, as required by subchapter B, to Arturo Alonzo, TEEX Deputy Director. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of TEEX and the Subrecipient otherwise entitled to notice under the parties' Agreement. Compliance by the Subrecipient with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the Subrecipient's sole and exclusive process for seeking a remedy for any and all alleged breaches of the Agreement by TEEX if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph. 17 Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this Agreement by TEEX nor any other conduct of any representative of TEEX relating to the Agreement shall be considered a waiver of sovereign immunity to suit. The submission, processing and resolution of the Subrecipient's claim is governed by the published rules adopted by the Office of Attorney General of Texas pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. These rules are found at 1 T.A.C. Chapter 68. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the Subrecipient, in whole or in part. The designated individual responsible on behalf of TEEX for examining any claim or counterclaim and conducting any negotiations related thereto as required under §2260.052 of H.B. 826 of the 76th Texas Legislature shall be Arturo Alonzo, TEEX Deputy Director. J. CONFLICT OF INTEREST Prevention of Conflicting Interests The Subrecipient, by signing this Agreement, covenants and affirms that: No employee of the Subrecipient or a Subrecipient, no member of the Subrecipient's or a Subrecipient's governing body, and no person who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to this Agreement which affect his or her personal pecuniary interest. The Subrecipient shall take every reasonable course of action to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Agreement shall be administered in an impartial manner, free from efforts to gain personal, financial or political benefit, tangible or intangible. The Subrecipient, its executive staff and employees, while administering this Agreement, shall avoid situations which could give the appearance that any decision was influenced by prejudice, bias, special interest or desire for personal gain. Subrecipient shall immediately inform TEEX in writing of any potential conflict of interest which arises at any time during the term of this Agreement. If Subrecipient fails to abide by the foregoing covenants and affirmations regarding conflict of interest, the Subrecipient shall not be entitled to recover any costs or expenses incurred in relation to this Agreement and shall immediately refund to TEEX any fees or expenses that may have been paid under this Agreement, and shall further be liable for any other costs incurred or damages sustained by TEEX relating to this Agreement. Such failure may 18 subject Subrecipient to sanctions as provided in Section I (Sanctions and Remedial Measures) of this Agreement. Sectarian Activity None of the activities or performances rendered under this Agreement shall involve, and no portion of the funds received by Subrecipient shall be used for any sectarian or religious activity. Political Activity None of the activities or performances rendered hereunder by the Subrecipient shall involve and no portion of the funds received by the Subrecipient shall be used for any political activity, including but not limited to any activity to further the election or defeat of any candidate for public office, or any activity undertaken to influence the passage, defeat, or final contents of legislation. GENERAL Parties to Agreement TEEX and Subrecipient have severally and collectively made and entered into this Agreement which, together with the documents attached or incorporated by specific reference, constitutes the entire Agreement between the parties as evidenced by signatures on the Notice of Subrecipient Award. Legal Authority The Subrecipient represents and guarantees that it possesses the legal authority to enter into this Agreement, receive funds authorized by this Agreement, and to perform the required tasks. The person signing this Agreement on behalf of Subrecipient hereby warrants that he/she has been fully authorized by Subrecipient to execute this Agreement on behalf of Subrecipient and to legally bind Subrecipient to all the terms, performances and provisions herein set forth. 19 Relationship of the Parties The relationship of the parties is that of independent contractors, and not as agents of each other or as joint venturers or partners. Rights in Data, Copyrights and Publication TEEX will be free to publish the results of all work done under this Agreement. Ownership of all data produced under this Agreement will remain with TEEX. Title to and the right to determine the disposition of any copyrights, or copyrightable material, first produced or composed in the performance of this Agreement shall remain with TEEX, provided that TEEX shall grant to Subrecipient an irrevocable, royalty-free, non-exclusive license to reproduce, modify, and use all such data and copyrightable material for its own use, but not for any commercial purpose. Measure of Liability In consideration of Subrecipient's full and satisfactory performance of conditions in the agreement, TEEX shall be liable to the Subrecipient in an amount equal to the actual allowable costs incurred by the Subrecipient, subject to the following limitations: TEEX shall not be liable for expenditures made in violation of the legal authorities cited in Section I, Subrecipient Legal Compliance, of this Agreement, or any other law or regulation applicable to the specific project or service performed under this Agreement. Except as otherwise provided by this Agreement, TEEX shall be liable to Subrecipient in an amount equal to the actual allowable costs, not to exceed the Subrecipient grant award, incurred by Subrecipient in rendering required performance. Except as otherwise specifically authorized by TEEX in writing, TEEX shall only be liable for expenditures made in compliance with the cost principles and administrative requirements set forth and referenced in this Agreement. TEEX shall not be liable to Subrecipient for costs incurred or performances rendered by Subrecipient before commencement of the Agreement or after completion of this Agreement. TEEX shall not be liable for any costs incurred by Subrecipient in the performance of this Agreement which have not been billed to TEEX within sixty (60) days following termination of this Agreement. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of Texas. 20 Enclosure 1: ODP Grant Information for Texas State Homeland Security Program Subrecipients FY 2004 SHSP The FY 2004 SHSP provides funds for homeland security and emergency operations planning; the purchase of specialized equipment to enhance the capability of State and local agencies to prevent, respond to, and mitigate incidents of terrorism involving the use of chemical, biological, radiological, nuclear, and explosive (CBRNE) weapons and cyber attacks; for costs related to the design, development, and conduct of a State CBRNE and cyber security training programs and attendance at ODP-sponsored CBRNE training courses; for costs related to the design, development, conduct, and evaluation of CBRNE and cyber security exercises; and for costs associated with implementing State Homeland Security Assessments and Strategies (SHSAS). General Guidance · All allocations and use of funds under the HSGP must support the goals and objectives included in the State Homeland Security Strategy. Program guidance allowing for the use of funds to support training activities has been expanded to include the development of, and attendance at, non-ODP courses, provided recipients follow the guidance for ODP approval included in Appendix D to this enclosure. Grantees and sub-grantees using funds to develop courses or to attend non-ODP courses will be required to report the number of individuals trained, by discipline and course level, in their bi-annual strategy implementation reports. Pursuant to the Homeland Security Act of 2002, the Secretary of Homeland Security is the principal federal official for domestic incident management. Consequently, and according to the Homeland Security Presidential Directive/HSPD-5, the Secretary shall develop and administer a National Incident Management System (NIMS). This system will provide a consistent nationwide approach for Federal, State, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. · As mandated by HSPD-5, beginning in FY 2005, adoption of the NIMS will be a 2! requirement for receipt of grant funds from ODP. As such, DHS encourages grantees to begin utilizing NIMS concepts, principles, terminology, and technologies as they are made available by DHS. Additionally, if agencies are not already using the incident command system (ICS) as taught by DHS, grantees and sub-grantee should institutionalize the use of ICS across their entire response system by the end of the two-year performance period. Grantees are reminded to review the following documents and ensure that grant activities are conducted in accordance with the applicable guidance: 28 C.F.R. Part 66 (Uniform Administrative Requirements for Grants to States); Office of Management and Budget (OMB) Circular A-87, addressing cost principles for grants to state and local governments; 28 C.F.R. Part 70 (Common Rule for Administrative Requirements for Grants to non-profits); and OMB Circulars A- 122 and A-21, addressing cost principles for grants to non-profit entities. Additionally, grantees should be familiar with the requirements included in the Office for Justice Programs OC Financial Guide. Authorized Program Expenditures Subrecipients may use funding in any of four categories: (1) planning; (2) equipment acquisitions; (3) training; (4) exercise; Allowable Planning Costs Planning funds may be used to pay for the following types of planning activities: · Establishment or enhancement of mutual aid agreements · Development or enhancement of emergency operations plans and operating procedures · Development · Development · Development · Development of terrorism prevention/deterrence plans or enhancement of response and recovery plans or enhancement of cyber security plans or enhancement of cyber risk mitigation plans Development of communications and interoperability protocols and solutions Coordination of citizen and family preparedness plans and programs, including donations programs and volunteer initiatives · Conducting local or regional program implementation meetings · Conducting point vulnerability assessments at critical infrastructure and development of remediation/security plans · Conducting cyber risk and vulnerability assessments · Development or enhancement of continuity of operations and continuity of government plans · Hiring of full or part-time staff or contractors/consultants to assist with any of the above activities (not for the purpose of hiring public safety personnel) · Conferences to facilitate activities listed above · Materials required to conduct activities listed above 22 · Travel/per diem related to above activities Allowable Equipment Costs The foundation of the FY 2004 SHSP authorized equipment list (AEL) is the Standardized Equipment List (SEL), which was developed by the Interagency Board (lAB) for Equipment Standardization and Interoperability. Changes and additions to the AEL reflect input received by the DHS-ODP from State and local responders and reflect a continued commitment to better serve the nation. The new AEL also comports closely with the SEL, but has additional categories and equipment. A cross-section of officials representing the U.S. Department of Homeland Security, the U.S. Department of Justice, the Public Health Service, the U.S. Department of Energy, and State and local CBRNE response experts assisted in the development of this authorized equipment purchase list and in identifying unallowable items. The following list is intended as a guide. The TEXASDPA and FISHER websites contain more detailed listings. Jurisdictions with question on adding an item to list should contact TEEX. Authorized equipment purchases may be made in the following Categories: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Personal Protective Equipment (PPE) Explosive Device Mitigation and Remediation Equipment CBRNE Search and Rescue Equipment Interoperable Communications Equipment Detection Equipment Decontamination Equipment Physical Security Enhancement Equipment Terrorism Incident Prevention Equipment CBRNE Logistical Support Equipment CBRNE Incident Response Vehicles Medical Supplies and Limited Types of Pharmaceuticals CBRNE Reference Materials Agricultural Terrorism Prevention, Response and Mitigation Equipment CBRNE Response Watercraft CBRNE Aviation Equipment Cyber Security Enhancement Equipment Intervention Equipment Other Authorized Equipment 23 Personal Protective Equipment -Equipment worn to protect the individual from hazardous materials and contamination. Levels of protection vary and are divided into categories based on the degree of protection afforded. The following constitutes equipment intended for use in a chemical/biological threat environment: Level A. Fully encapsulated, liquid and vapor protective ensemble selected when the highest level of skin, respiratory, and eye protection is required. The following constitutes Level A equipment for consideration: · Fully Encapsulated Liquid and Vapor Protection Ensemble, reusable or disposable (tested and certified against CB threats) · Fully Encapsulated Training Suits · Closed-Circuit Rebreather (minimum 2-hour supply, preferred), or open-circuit Self-Contained Breathing Apparatus (SCBA) or, when appropriate, Air-Line System with 15-minute minimum escape SCBA · Spare Cylinders/Bottles for rebreathers or SCBA and service/repair kits · Chemical Resistant Gloves, including thermal, as appropriate to hazard · Personal Cooling System; Vest or Full Suit with support equipment needed for maintaining body core temperature within acceptable limits · Hardhat/helmet · Chemical/Biological Protective Undergarment · Inner Gloves · Approved Chemical Resistant Tape · Chemical Resistant Boots, Steel or Fiberglass Toe and Shank · Chemical Resistant Outer Booties Level B. Liquid splash resistant ensemble used with highest level of respiratory protection. The following constitute Level B equipment and should be considered for use: · Liquid Splash Resistant Chemical Clothing, encapsulated or non- encapsulated · Liquid Splash Resistant Hood · Closed-Circuit Rebreather (minimum 2-hour supply, preferred), open-circuit SCBA, or when appropriate, Air-Line System with 15-minute minimum escape SCBA · Spare Cylinders/Bottles for rebreathers or SCBA and service/repair kits · Chemical Resistant Gloves, including thermal, as appropriate to hazard · Personal Cooling System; Vest or Full Suit with support equipment needed for maintaining body core temperature within acceptable limits · Hardhat/helmet · Chemical/Biological Protective Undergarment · Inner Gloves · Approved Chemical Resistant Tape 24 · Chemical Resistant Boots, Steel or Fiberglass Toe and Shank · Chemical Resistant Outer Booties Level C. Liquid splash resistant ensemble, with same level of skin protection of Level B, used when the concentration(s) and type(s) of airborne substances(s) are known and the criteria for using air-purifying respirators are met. The following constitute Level C equipment and should be considered for use: Liquid Chemical Splash Resistant Clothing (permeable or non-permeable) Liquid Chemical Splash Resistant Hood (permeable or non-permeable) Tight-fitting, Full Facepiece, Negative Pressure Air Purifying Respirator with the appropriate cartridge(s) or canister(s) and P100 filter(s) for protection against toxic industrial chemicals, particulates, and military specific agents. Tight-fitting, Full Facepiece, Powered Air Purifying Respirator (PAPR) with chemically resistant hood with appropriate cartridge(s) or canister(s) and high-efficiency filter(s) for protection against toxic industrial chemicals, particulates, and military specific agents. Closed-Circuit Rebreather (minimum 2-hour supply, preferred), open-circuit SCBA, or when appropriate, Air-Line System with 15-minute minimum escape SCBA Spare cylinder/bottles for rebreathers or SCBA SCBA Service and repair kits Equipment or system batteries will include those that are rechargeable (e.g. NiCad) or non-rechargeable with extended shelf life (e.g. Lithium) Chemical Resistant Gloves, including thermal, as appropriate to hazard Personal Cooling System; Vest or Full Suit with support equipment Hardhat Inner Chemical/Biological Resistant Garment Inner Gloves Chemical Resistant Tape Chemical Resistant Boots, Steel or Fiberglass Toe and Shank Chemical Resistant Outer Booties Level D. Selected when no respiratory protection and minimal skin protection is required, and the atmosphere contains no known hazard and work functions preclude splashes, immersion, or the potential for unexpected inhalation of, or contact with, hazardous levels of any chemicals. · Escape mask for self-rescue Note: During CBRNE response operations, the incident commander determines the appropriate level of personal protective equipment. As a guide, Levels A, B, and C are applicable for chemical/biological/radiological contaminated environments. Personnel entering protective postures must undergo medical monitoring prior to and after entry. All SCBAs must meet standards established by the National Institute for 25 Occupational Safety and Health (NIOSH) for occupational use by emergency preparedness and response personnel when exposed to Chemical, Biological, Radiological and Nuclear (CBRN) agents in accordance with Special Tests under NIOSH 42 CFR 84.63(c), procedure number RCT-CBRN-STP-0002, dated December 14, 2001. Grant recipients must purchase: 1) protective ensembles for chemical and biological terrorism incidents that are certified as compliant with C/ass 1, Class 2, or C/ass 3 requirements of National Fire Protection Association (NFPA) 1994, Protective Ensembles for Chemical/Biological Terrorism Incidents; 2) protective ensembles for hazardous materials emergencies that are certified as compliant with NFPA 1991, Standard on Vapor Protective Ensembles for Hazardous Materials Emergencies, including the chemical and biological terrorism protection; 3) protective ensembles for search and rescue or search and recovery operations where there is no exposure to chemical or biological warfare or terrorism agents and where exposure to flame and heat is unlikely or nonexistent that are certified as compliant with NFPA 1951, Standard on Protective Ensemble for USAR Operations; and, 4) protective clothing from blood and body fluid pathogens for persons providing treatment to victims after decontamination that are certified as compliant with NFPA 1999, Standard on Protective Clothing for Emergency Medical Operations. For more information regarding these standards, p/ease refer to the following web sites: The National Fire Protection Association -http://www. nfpa.org National Institute for Occupational Safety and Health -http://www. cdc. gov/niosh Explosive Device Mitigation and Remediation -Equipment providing for the mitigation and remediation of explosive devices in a CBRNE environment: Bomb Search Protective Ensemble for Chemical/Biological Response Chemical/Biological Undergarment for Bomb Search Protective Ensemble Cooling Garments to manage heat stress Ballistic Threat Body Armor (not for riot suppression) Ballistic Threat Helmet (not for riot suppression) Blast and Ballistic Threat Eye Protection (not for riot suppression) Blast and Overpressure Threat Ear Protection (not for riot suppression) Fire Resistant Gloves Bomb blanket, Bomb Suppression Blanket, explosive devices blanket Dearmer/Disrupter Real Time X-Ray Unit; Portable X-Ray Unit CBRNE Compatible Total Containment Vessel (TCV) CBRNE Upgrades for Existing TCV Robot; Robot Upgrades Fiber Optic Kit (inspection or viewing) 26 Tents, standard or air inflatable for chem/bio protection Inspection mirrors Ion Track Explosive Detector CBRNE Search and Rescue Equipment -Equipment providing a technical search and rescue capability for a CBRNE environment: · Hydraulic tools; hydraulic power unit · Listening devices; hearing protection · Search cameras (including thermal and infrared imaging) · Breaking devices (including spreaders, saws, and hammers) · Lifting devices (including air bag systems, hydraulic rams, jacks, ropes, and block and tackle) · Blocking and bracing materials · Evacuation stretchers, baskets, and chairs (for evacuation of disabled personnel) · Ventilation fans · Rescue ropes and ladders (including rescue pulley systems) · Confined Space Kits (such as MSA Watchman) · Underwater equipment including: lights, metal detectors, communication and video units, lift bags, water rescue helmets, ice hooks, buoyancy compensator, and underwater scooter/DPV regulators, air tanks, and pony bottles. Interoperable Communications Equipment -Equipment and systems providing connectivity and electrical interoperability between local and interagency organizations to coordinate CBRNE response operations. When utilizing ODP program funds in the category of Interoperable Communications Equipment to build, upgrade, enhance, or replace communications systems, grantees and sub-grantees should develop a comprehensive interoperable communications plan before procurement decisions are made. Guidance for development of interoperable communications plans is provided in Appendix E. · Land Mobile, Two-Way In-Suit Communications (secure, hands-free, fully duplex, optional), including air-to-ground capability (as required) · Antenna and tower systems · Leasing and rental of tower space · Personnel Alert Safety System (PASS) - (location and physiological monitoring systems optional) · Personnel Accountability Systems · Individual/portable radios, software radios, portable repeaters, radio interconnect systems, satellite phones, batteries, chargers and battery conditioning systems · Computer systems designated for use in an integrated system to assist with detection and communication efforts (must be linked 27 with integrated software packages designed specifically for chemical and/or biological agent detection and communication purposes) · Aviation and maritime security voice and data transmission equipment · Portable Meteorological Station (monitors temperature, wind speed, wind direction and barometric pressure at a minimum) · Computer aided dispatch systems and enhancement of 911 systems, and mobile computer data systems to include pagers, palm pilots, and cell phones · Commercially available crisis management software · Mobile Display Terminals Note: In an effort to improve emergency preparedness and response interoperability, all new or upgraded radio systems and new radio equipment should be compatible with a suite of standards called ANSl/TIA/EIAA-102 Phase I (Project 25). These standards have been developed to allow for backward compatibility with existing digital and analog systems and provide for interoperability in future systems. The FCC has chosen the Project 25 suite of standards for voice and Iow-moderate speed data interoperability in the new nationwide 700 MHZ frequency band. The Integrated Wireless Network (IWN) of the U.S. Justice and Treasury Departments has also chosen the Project 25 suite of standards for their new radio equipment. In an effort to realize improved interoperability, all radios purchased under this grant should be APCO 25 compliant. Detection Equipment -Equipment to sample, detect, identify, quantify, and monitor for chemical, biological, radiological/nuclear, and explosive agents throughout designated areas or at specific points, including equipment necessary to enhance laboratory detection capabilities: Chemical M-8 Detection Paper for chemical agent identification M-9 Detection Paper (roll) for chemical agent (military grade) detection · M-256 Detection Kit for Chemical Agent (weapons grade--blister: CX/HD/L; blood: AC/CK; and nerve: GBNX) detection · M-256 Training Kit · M-18 Series Chemical Agent Detector Kit for surface/vapor chemical agent analysis · Hazard Categorizing (HAZCAT) Kits · Photo-Ionization Detector (PID) · Flame Ionization Detector (FID) · Surface Acoustic Wave Detector · Gas Chromatograph/Mass Spectrometer (GC/MS) · Ion Mobility Spectrometry · Stand-Off Chemical Detector 28 · M-272 Chemical Agent Water Test Kit · Colormetric Tube/Chip Kit specific for TiCs and CBRNE applications · Multi-gas Meter with minimum of 02 and LEL · Leak Detectors (soap solution, ammonium hydroxide, etc) · pH Paper/pH Meter · Waste Water Classifier Kit · Oxidizing Paper · Protective cases for sensitive detection equipment storage and transport Biological · Point Detection Systems/Kits (Immunoassay or other technology) RadiologicallNuclear · Radiation detection equipment (electronic or other technology that detects alpha, beta, gamma, and high intensity gamma) · Personal Dosimeter · Scintillation Fluid (radiological) pre-packaged · Radiation monitors Explosive · Canines (initial acquisition and initial operational capability only) Decontamination Equipment -Equipment and material used to clean, remediate, remove or mitigate chemical and biological contamination: Chemical Decontamination system for individual and mass application with environmental controls, water heating system, showers, lighting, and transportation (trailer) · Decon Litters/roller systems · Extraction Litters, rollable · Runoff Containment Bladder(s), decontamination shower waste collection with intrinsically-safe evacuation pumps, hoses, connectors, scrub brushes, nozzles · Spill Containment Devices · Overpak Drums · Non-Transparent Cadaver Bags (CDC standard) · Hand Carts · Waste water classification kits/strips Biological · HEPA (High Efficiency Particulate Air) Vacuum for dry decontamination Physical Security Enhancement Equipment - Equipment to enhance the physical security of critical infrastructure. 2P Surveillance, Warning, Access/Intrusion Control Ground · Motion Detector Systems: Acoustic; Infrared; Seismic; Magnetometers · Barriers: Fences; Jersey Walls · Impact Resistant Doors and Gates · Portal Systems; locking devices for access control · Alarm Systems · Video Assessment/Cameras: Standard, Low Light, IR, Automated Detection · Personnel Identification: Visual; Electronic; Acoustic; Laser; Scanners; Cyphers/Codes · X-Ray Units · Magnetometers · Vehicle Identification: Visual; Electronic; Acoustic; Laser; Radar Waterfront · Radar Systems · Video Assessment System/Cameras: Standard, Low Light, IR, Automated Detection · Diver/Swimmer Detection Systems; Sonar · Impact Resistant Doors and Gates · Portal Systems · Hull Scanning Equipment · Plus all those for Ground · Vessel Barriers Sensors - Agent/Explosives Detection · Chemical: Active/Passive; Mobile/Fixed; Handheld · Biological: Active/Passive; Mobile/Fixed; Handheld · Radiological · Nuclear · Ground/Wall Penetrating Radar Inspection/Detection Systems · Vehicle and Cargo Inspection System - Gamma-ray · Mobile Search and Inspection System-X-ray · Non-lnvasive Radiological/Chem/Bio/Explosives System- Pulsed Neutron Activation Explosion Protection · Blast/Shock/Impact Resistant Systems · Protective Clothing · Column and Surface Wraps; Breakage/Shatter Resistant Glass; Window Wraps 30 · Robotic Disarm/Disable Systems Support Equipment for Continuation of Critical Infrastructure Operations · Large fixed generators · Fuel storage containers · Back-up operating computer hardware and programming software · Self-monitoring sensors and alarms Terrorism Incident Prevention Equipment (Terrorism Early Warning, Prevention, and Deterrence Equipment and Technologies) -State and local emergency preparedness, prevention and response agencies will increasingly rely on the integration of emerging technologies and equipment to improve jurisdictional capabilities to deter and prevent terrorist incidents. This includes, but is not limited to, equipment and associated components that enhance a jurisdiction's ability to disseminate advanced warning information to prevent a terrorist incident or disrupt a terrorist's ability to carry out the event, including information sharing, threat recognition, and public/private sector collaboration. · Data collection/information gathering software · Data synthesis software · Geographic Information System (GIS) information technology and software · Law enforcement surveillance equipment · GIS plotter software and printers · Joint Regional Information Exchange System (JRIES) · Alert and notification equipment that allows for real-time dissemination of information and intelligence. Examples of this equipment include cellular phones, pagers, text messaging, etc. · Hardware, software and internet-based systems that allow for information exchange and dissemination · Fees for use of databases containing terrorist threat information · Facial recognition hardware and software CBRNE Logistical Support Equipment -Logistical support gear used to store and transport the equipment to the CBRNE incident site and handle it once onsite. This category also includes small support equipment including intrinsically safe (non-sparking) hand tools required to support a variety of tasks and to maintain equipment purchased under the grant, as well as general support equipment intended to support the CBRNE incident response. The State should also consider procurement of software to assist in tracking and maintaining statewide equipment assets. · Equipment trailers 3] · Staging tents and portable shelter units · Weather-tight containers for equipment storage · Software for equipment tracking and inventory · Handheld computers for Emergency Response applications · Small hand tools · Binoculars, head lamps, range finders and spotting scopes (not for weapons use) · Night vision goggles · Light and heavy duty generators to operate search and rescue equipment, light sets, water pumps for decontamination sets · Light sets for nighttime operations/security (including emergency light poles) · Electrical current detectors and DC to AC inverter equipment · Equipment harnesses, belts, and vests (including incident command vests) · Isolation containers for suspected chemical/biological samples · Bull horns and other PA systems · Traffic and crowd control devices (traffic and reflective cones, arrow and zone signs, portable barriers) · Water pumps for decontamination systems · Bar code scanner/reader for equipment inventory control · Badging system equipment and supplies · Cascade system for refilling SCBA oxygen bottles · SCBA fit test equipment and software to conduct flow testing · Testing equipment for fully encapsulated suits and respirators · Cooling/heating/ventilation fans (personnel and decontamination tent use) · HAZMAT gear bag/box 32 10. CBRNE Incident Response Vehicles -This category includes special-purpose vehicles for the transport of CBRNE response equipment and personnel to the incident site. Licensing and registration fees are the responsibility of the jurisdiction and are not allowable under this grant. In addition, general-purpose vehicles (squad cars, executive transportation, etc.), fire apparatus, and non- CBRNE tactical/armored assault vehicles are not allowable. Allowable vehicles include: · Mobile command post vehicles · Hazardous materials (HazMat) response vehicles · Bomb response vehicles · Prime movers for equipment trailers · 2-wheel personal transport vehicles for transporting fully suited bomb technicians, Level NB suited technicians to the Hot Zone · Multi-wheeled all terrain vehicles for transporting personnel and equipment to and from the hot zone · Mobile Command Unit · Mobile Morgue Unit · Response vehicles to deploy bomb, hazmat, and special weapons personnel, equipped to detect chemical, biological and radiological materials; these vehicles may be armored to protect these personnel from explosions and projectiles when required to enter hot zones. 11. Medical Supplies and Pharmaceuticals -Medical supplies and pharmaceuticals required for response to a CBRNE incident at the advanced life support level. Grantees are responsible for replenishing items after shelf-life expiration date(s). Medical Supplies · Automatic biphasic external defibrillators and carry bags · Equipment and supplies for establishing and maintaining a patient airway (to include OP and NG airways; ET tubes, styletes, blades, and handles; portable suction devices and catheters; and stethoscopes for monitoring breath sounds) · Blood pressure cuffs · IV administration sets (macro and micro) and pressure infusing bags · IV catheters (14, 16, 18, 20, and 22 gauge) · IV catheters (Butterfly 22, 24 and 26 gauge) · Manual biphasic defibrillators (defibrillator, pacemaker, 12 lead) and carry bags · Eye lens for lavage or continuous medication · Morgan eye shields · Nasogastric tubes · Oxygen administration equipment and supplies (including bag valve masks; rebreather and non-rebreather masks, and nasal cannulas; oxygen cylinders, regulators, tubing, and manifold distribution systems; and pulse oximetry, Capnography and CO2 detection devices) · Portable ventilator · Pulmonary fit tester · Syringes (3cc and 10cc) · 26 ga %" needles (for syringes) · 21 ga. 1%" needles (for syringes) · Triagetags and tarps · Sterile and non-sterile dressings, all forms and sizes · Gauze, all sizes · Burn kits Pharmaceuticals · 2Pam Chloride · Adenosine · Albuterol Sulfate.083% · Albuterol MDI · Atropine 0.1 & 0.4 mg/ml · Atropine Auto Injectors · Benadryl · CANA Auto Injectors · Calcium Chloride · Calcium Gluconate 10% · Ciprofloxin PO · Cyanide kits · Dextrose · Dopamine · Doxycycline PO · Epinephrine · Glucagon · Lasix · Lidocaine · Loperamide · Magnesium Sulfate · Methylprednisolone · Narcan · Nubain · Nitroglycerin · Normal Saline (500 and 1000 mi bags) · Potassium Iodide · Silver Sulfadiazine · Sodium Bicarbonate · Sterile Water · Tetracaine 34 · Thiamine · Valium 12. CBRNE Reference Materials -Reference materials and software designed to assist emergency preparedness and response personnel in preparing for and responding to a CBRNE incident. This includes but is not limited to the following: · NFPA Guide to hazardous materials · NIOSH Hazardous Materials Pocket Guide · North American Emergency Response Guide · Jane's Chem-Bio Handbook · First Responder Job Aids 13. Agricultural Terrorism Prevention, Response and Mitigation Equipment- Equipment used for agricultural terrorism prevention, response and/or mitigation. DHSODP expanded the scope of its programs based on feedback from its constituency. To that end, an agricultural section has been incorporated into the State Homeland Security Assessment and Strategy and grant programs to assist with preventing, responding to, and recovering from agro-terrorism events. In addition to the following categories, any of the equipment items from the authorized equipment list (AEL) maybe used for agricultural homeland security efforts. Animal Restraint · Probangs · Nose leads · Lariat · Hog snare · Portable cattle and hog chutes · Knee boards · Hog paddles · Electric prods · Halters · Swine mouth speculum · Panels · Portable pens, crates, kennels · Leashes 35 Diagnostic Equipment · Biohazard packing container · Blood sampling supplies (needles, syringes, blood tubes) · Biohazard bags and containers · Sharps containers · Animal identification supplies (back tags, marker crayons, waterproof tape and pens) · Specimen containers · Ice packs for shipping and access to freezer Cleaning, Disinfection, and Fumigation · Bleach · Potassium bromide · Other surface and topical disinfectants · Soda ash · Sodium hydroxide and vinegar Disposal · · Equipment and Supplies Draglines Heavy plastic liners Burning and Incinerating Supplies · Clean fuel oil and other incineration materials · Portable incinerators Depopulation · Euthanasia solution · Captive bolt pistol (appropriate gauge) · Lining and covering for buried waste General Euthanasia guidelines Animal handling guidelines Quarantine forms Plastic file boxes or filing cabinets Chisel Disposable scalpels/blades Surgical scissors Pliers Forceps Identification system for animals Reference materials for specific animal management in disasters/agro- terrorism 14. CBRNE Prevention & Response Watercraft - This category allows for the purchase of surface boats and vessels for port homeland security purposes, including prevention and response. Allowable costs also include the purchase of customary and specialized navigational, communications, safety, and operational equipment necessary to enable such watercraft to carry out their homeland security mission. Licensing, registration fees, insurance, and all ongoing operational expenses are the responsibility of the grantee or the local units of government and are not allowable under this grant. 15. CBRNE Aviation Equipment - This category allows for the purchase of special-purpose aviation equipment where such equipment will be utilized primarily for homeland security objectives and permissible program activities, and provides that the local units of government certified that it has an operating aviation unit and that the costs for operation and maintenance of such equipment will be paid from non-grant funds. Aviation equipment is defined as fixed-wing aircraft, helicopters, and air-safety containers for CBRNE prevention, response, mitigation and/or remediation. Allowable costs include the purchase of customary and specialized navigational, communications, safety, and operational equipment necessary for CBRNE prevention, response and/or recovery. Prior to obligating funds for this category of equipment, grantees must obtain a waiver from Department of Homeland Security Secretary through ODP by first consulting with their DHS-ODP Preparedness Officer and providing a detailed justification for obligating funds in this category, and receiving approval to obligate funds. Licensing, registration fees, insurance, and all ongoing operational expenses are the responsibility of the grantee or the local units of government and are not allowable under this grant. In addition, the purchases of general-purpose public safety aircraft such as, but not limited to, firefighting planes or police helicopters are not allowable. Furthermore, local units of government, including State agencies, must certify that they have an operating aviation unit and that no expenses will be charged against the grant award for the operation of such aviation unit. Also prohibited is aviation equipment acquisition that is inconsistent with the State's updated homeland security assessment and strategy. 37 16. Cyber Security Enhancement Equipment · Intrusion detection devices and systems · Configuration management and patch dissemination tools · Scanning and penetration tools · Geographic information systems · Encryption systems · Firewall and authentication technologies · Network traffic monitoring and analysis systems · Security hardware and software countermeasures to protect against cyber attacks 17. Intervention Equipment - this category allows for the purchase of specialized law enforcement equipment that is necessary to further enhance their capabilities to prevent domestic terrorism incidents. Grantees are reminded that they must comply with 28 CFR, Parts 66 and 70. In addition, when procuring any Title III equipment, grantees must strictly adhere to requirements of 18 U.S.C., Part I, Chapter 119, Section 2512, pertaining to the manufacture, distribution, possession, and advertising of wire, oral, or electronic communications interception devices. This category includes but is not limited to the following: · Tactical entry equipment (not including weapons) · Title III Equipment (Pin registers) · Specialized response vehicles and vessels 18. Other Authorized Equipment and Related Costs · Installation costs for authorized equipment purchased through ODP grants · Maintenance contracts for authorized equipment purchased through ODP grants and acquired through DHS-ODP'S's Homeland Defense Equipment Reuse (HDER) Program · Multiple Integrated Laser Engagement System (MILES) · Training on CBRNE and cyber security equipment by vendors or local entities - DHS encourages the use of Domestic Preparedness Equipment Technical Assistance Program (DPETAP) for equipment training; however, manufacturer/vendor equipment training, the cost of overtime to attend the training, and costs related to having vendors provide training on equipment to State and/or local units of government is allowed to facilitate the training on and fielding of equipment. · Shipping costs for equipment · Sales tax on equipment Allowable Training Costs Funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable training-related costs include: 1) establishment of CBRNE and cyber security training programs within existing training academies, universities or junior colleges; and 2) overtime and backfill costs associated with attendance at ODP-sponsored and approved CBRNE and cyber security training courses. Allowable training costs reflected within the LETPP are also allowable with SHSP funds. The target audience for training courses funded must be emergency preparedness, prevention and response personnel, emergency managers and public/elected officials within the following disciplines: firefighters, law enforcement, emergency management, emergency medical services, hazardous materials, public works, public health, health care, public safety communications, governmental administrative, cyber security and private security providers. Awareness training for citizen preparedness is also allowable. Grantees using these funds to develop their own courses should address the critical training areas and gaps identified in the State's Homeland Security Strategy and must adhere to the ODP Emergency Responder Guidelines and ODP prevention and deterrence guidelines. These guidelines and ODP Training Doctrine may be found at: http :llwww.oip.usdoi.govlodplwhatsnewlwhats new.htm. Grantees who wish to use grant funds to support attendance at and/or development of non-ODP sponsored training, must receive approval from ODP prior to using funds for this purpose. Please see Appendix D for the ODP Training Approval Process. Grantees and sub-grantees using funds to develop courses or to attend non-ODP courses will be required to report the number of individuals trained, by discipline and course level, in their bi-annual strategy implementation reports (see Appendix C in the ODP Guidelines). To facilitate the development of training consistent with the ODP Emergency Responder Guidelines and Prevention and Deterrence Guidelines, States are encouraged to adopt the current ODP awareness and performance level courses noted below. · Campus Law Enforcement Awareness Training on WMD · AWR-100 Emergency Response to Terrorism: Basic Concepts · AWR-101 Emergency Response to Terrorism: Basic Concepts(Train-the- Trainer) · AWR-102 Emergency Response to Terrorism: Basic Concepts (Self- Study) · AWR 103 WMD Crime Scene Management for Emergency Responders · AWR-110 Terroism Awareness for Emergency Responders (Internet) · AWR-112 Public Works: Basic Concepts for WMD Incidents (Internet) · AWR-120 Law Enforcement Response to WMD - Awareness · AWR-121 Law Enforcement Response to WMD - Awareness (Train-the- Trainer) · AWR-130 Incident Response to Terrorist Bombings - Awareness · AWR-140 WMD Radiological/NuclearAwareness · AWR-141 WMD Radiological/NuclearAwareness (Train-the-Trainer) · PER-200 Managing Civil Actions in Threat Incidents (MCATI): Basic Course (Train-the-Trainer) · PER-225 Law Enforcement Response to WMD - Operations Level (Train- the-Trainer) · PER-251 Emergency Response to Terrorism: Operations Course (Train- the-Trainer) Note: In order to deliver these courses, State and local instructors must have been certified to deliver the course by successfully completing ODP's Train-the- Trainer course delivery. For a detailed description of each of these courses, please refer to the ODP WMD Training Course Catalog located at http://www.ojp.usdoj.gov/odp/. Programs of instruction for these courses will be made available upon request for incorporation in State and local training programs. States and local jurisdictions may also use funds to develop further advanced-level training for incorporation into their training delivery systems. To assist with these activities, ODP will make programs of instruction for its advanced, technical level courses available upon request. Please note, grantees developing advanced level courses will still need to submit final curricula to ODP for approval in order to support development or delivery with ODP funds. The DHS-ODP name or logo may not be used in conjunction with courses that have not been developed by ODP. 40 In addition, allowable training-related costs include: 1. Overtime and backfill funding for emergency preparedness and response personnel attending ODP-sponsored and approved training classes - Payment of overtime expenses will be for work performed by award (SAA) or sub- award employees in excess of the established work week (usually 40 hours). Further, overtime payments are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to FICA, Workers' Compensation and Unemployment Compensation. 2. Training Workshops and Conferences - Grant funds may be used to plan and conduct training workshops or conferences to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and training plan development. 3. Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or local unit(s) of government and have the approval of the State or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured by the State in the design, development, conduct, and evaluation of CBRNE training. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. 4. Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the training project(s) or for attending ODP-sponsored courses. These costs must be in accordance with either the federal or an organizationally approved travel policy. 5. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s) (e.g., copying paper, gloves, tape, and non-sterile masks). 6. Other Items - These costs include the rental of space/locations for planning and conducting training, badges, etc. 4] Allowable Exercise Costs The majority of exercises in Texas will be under the Texas WMD/Terrorism Incident Exercise Program. Jurisdictions participating in the exercise program will receive detailed guidance from TEE×. The information that follows outlines use of ODP exercise funding. Funds may be used to plan for, design, develop, conduct, and evaluate exercises that train homeland security preparedness, prevention and response personnel, evaluate prevention and response plans, policy, procedures and protocols, and assess the readiness of jurisdictions to prevent and respond to a terrorist attack. Allowable exercise costs reflected within the LETPP (Section VII) are also allowable with SHSP funds. Exercises must be threat and performance-based, in accordance with ODP's Homeland Security Exercise and Evaluation Program (HSEEP) manuals. These manuals provide explicit direction on the design, conduct, and evaluation of terrorism exercises. Exercises conducted with ODP support (grant funds or direct support) must be managed and executed in accordance with HSEEP. (See www.oip.usdoi.,qov/odp/exercises/State.htm) After Action Reports (AAR) must be provided to ODP within 60 days following completion of each exercise (see Appendix A). ODP Exercise Managers will be assisting their assigned States throughout development and implementation of exercise programs. States and local units of government should consider their ODP Exercise Managers as their point of contact for questions and concerns regarding implementation of the HSEEP. Grantees that wish to expend funds on models, games, or simulations must consult with "Review of Models, Simulations, and Games for Domestic Preparedness Training and Exercising, Volume I," which provides an overview and analysis of existing models, games and simulations. This report is available at www. ojp. usdoj, gov/odp/exercises/State, htm Allowable exercise-related costs include: 1. Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. 2. Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local government and have the approval of the State or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. 3. Overtime and backfill costs - Overtime and backfill costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. 42 Payment of overtime expenses will be for work performed by award (SAA) or sub- award employees in excess of the established work week (usually 40 hours) related to the planning and conduct of the exercise project(s). Further, overtime payments are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to FICA, Workers' Compensation and Unemployment Compensation. 4. Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with either the Federal or an organizationally approved travel policy. 5. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, and non-sterile masks). 6. Implementation of HS££P - Costs related to setting up and maintaining a system to track the completion and submission of AARs and the implementation of corrective actions from exercises, which may include costs associated with meeting with local units of government to define procedures. (Note: ODP is developing a national information system for the scheduling of exercises and the tracking of AAR/CAPs to reduce the burden on the States and to facilitate national assessments of preparedness.) 7. Other Items - These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc. · Leasing and/or renting of space for newly hired personnel to administer the SHSP. Unauthorized Program Expenditures Unauthorized program expenditures include: 1) expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc), general-use computers (other than for allowable M&A activities, or otherwise associated preparedness or response functions) and related equipment, general-use vehicles, licensing fees, weapons systems and ammunition; 2) activities unrelated to the completion and implementation of the SHSP; 3) other items not in accordance with the Authorized Equipment List or previously listed as allowable costs; and, 4) construction or renovation of facilities. 43 APPENDIX D from ODP 2004 State Homeland Security Grant Program Guidelines and Application Tool Kit Guidance for Requesting ODP Approval of Non-ODP Course Development and Attendance 1. State/local request for review of Awareness and Performance Level Courses should be made on letterhead to the DHS-ODP Preparedness Officer through the SAA. Do not send course materials at this time. 2. The DHS-ODP Preparedness Officer will forward the request to the ODP Training Division. 3. Upon receipt of the request, the ODP Training Division will respond as follows: A. Send a letter of acknowledgment and conditional approval, accompanied by the following: 1. ODP Training Approval Template and instructions for use by requestor. 2. ODP Training Doctrine which includes the following (4) documents: ODP Training Strategy Emergency Responder Guidelines Prevention Guidelines Training Approval Guidelines B. Notify the DHS-ODP Preparedness Officer that funding may be conditionally approved pending further review by the DHS-ODP, Center for Domestic Preparedness (CDP). The requesting jurisdiction may begin obligating funds at this time. C. Ensure that the request has been entered in the ODP Training Approval Tracking System. 4. Upon receipt of the Template and Training Doctrine, the Requestor or a designee will follow the instructions to document a comparison between the objectives of the course in question and the ODP Training Doctrine, using the template provided. The Requestor will return the completed template and course materials to the ODP Training Division Designee within 30 days. 45 1. The ODP, CDP will execute a review of course materials based on the completed template and issue a report to the ODP Training Division. 2. Designee recommending approval or denial pending modification. The CDP will conduct this review within 45 days from receipt of the course materials and template. For performance level courses, the review period will be extended to 90 days if the ODP, CDP determines that a site visit is necessary to adequately assess the course. 3. Upon completion of CDP review and issuance of a recommendation memo, the ODP Training Division will initiate a final notification process that will include the DHS-ODP Preparedness Officer and the Requestor. 46 APPENDIX E from ODP 2004 State Homeland Security Grant Program Guidelines and Application Tool Kit Guidance for Development of Interoperable Communications Plans When utilizing ODP program funds in the category of Interoperable Communications Equipment to build, upgrade, enhance, or replace communications systems, grantees and sub-grantees should develop a comprehensive interoperable communications plan before procurement decisions are made. Plans should be retained by the jurisdiction/agency and be available for review by the State Administrative Agency (SAA) and ODP. The plan should address, as appropriate, the areas of: · Building public safety communication systems · Upgrading/enhancing public safety communication systems and equipment · Replacing public safety communication systems and equipment · Maintaining public safety communication systems and equipment · Training public safety staff on issues related to emergency response communications · Managing public safety communications projects The following considerations should be made when developing a communications plan: Has the grantee already completed a plan that illustrates the agency's/jurisdiction's commitment to public safety communication priorities? · Obtain/retain an executive summary that clearly illustrates how the proposed effort will lead to enhanced public safety communications interoperability. · What type of multi-jurisdictional or multidisciplinary agreements does the agency possess (i.e., MOUs, interstate compacts, mutual aid agreements)? Has the grantee considered public safety's operational needs of the communications equipment? · In what type of topography/terrain does the agency operate? · In what types of structures does the agency need to communicate? (i.e., tunnels, high-rise buildings) · What methods of communication does the agency use? (i.e., email, 47 paging, cellular calls, portable radio communications) · What is the process for dispatching calls? · Is the communications center independently owned and operated by the agency? Does it serve several public safety agencies in the jurisdiction? Is it a multi-agency, multi-jurisdictional facility? · Does the agency have the ability to patch across channels? If so, how many patches can be simultaneously set up? Is a dispatcher required to set up and break the patches down? · What is the primary radio language used by the agency when communicating with other agencies or organizations? (i.e. 'plain' English, code) · What types of equipment can immediately be deployed to provide short- term solutions for improved communications? Has the grantee considered the system requirements to ensure interoperability with systems used by other disciplines or other levels of government? · What type of equipment is currently used by the agency? · Is there a regional, multi-jurisdictional, or statewide system in place that requires interoperability in order to communicate with other agencies? If so, how do you plan on interoperating/connecting to that system? · Is the equipment compatible with the Project 25 suite of standards? · For data-related systems, is the grantee using XML standards?How scalable is the system? Can it be used locally between agencies and jurisdictions, statewide, and at multi-state or national level? · What internal and external security requirements exist in the architecture to secure information and maintain privacy levels for data as required by law? · Is the infrastructure shared with any other agency or organization? Is it owned or leased? · Does the agency use analog or digital radio systems or both? · Is the system conventional or trunked? · Which radio frequencies are used to communicate with other public safety agencies? · How many channels does the agency have solely designated for communication with other agencies? 48 AGENDA MEMO (07/21/04 AGENDA) DATE: TO: FROM: July 15, 2004 Honorable Mayor & City Council Nina Wilson City Secretary SUBJECT: CITY COUNCIL DECEMBER 2004 MEETING DATES FOR NOVEMBER & have attached a list of city council meeting dates through December 2004. During the last several years, the council has changed the meeting schedule during the holiday months of November and December from two meetings per month to one meeting per month. Therefore, ! am bringing the issue forward for discussion so that council and employees can make early holiday plans. ATTACHMENTS: List of City Council Meeting Dates 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 U:\Docs\City Council\November & December Dates for City Council Meetings.doc 3:05 PM 07/15/04 CITY COUNCIL MEETING DATES Wednesday July 21 July - December 2004: 7:30 a.m. Meeting Tuesday August 3 4:00 Pre-Meeting 5:00 Meeting Wednesday August 18 7:30 a.m. Meeting Tuesday September7 4:00 Pre-Meeting 5:00 Meeting Wednesday September 22 7:30 a.m. Meeting Tuesday October 5 4:00 Pre-Meeting 5:00 Meeting Wednesday October 20 7:30 a.m. Meeting Tuesday November 2 4:00 Pre-Meeting 5:O0 Meeting Wednesday November 17 7:30 a.m. Meeting Tuesday December 7 4:00 Pre-Meeting 5:O0 Meeting Wednesday December 22 7:30 a.m. Meeting Above dates in italics could be changed to one meeting in November and one meeting in December.