Border Security Council Report - Office of the Governor - Rick Perry

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Appendix D: BSET Grant Guidance and Application Kit 2 Section 5: General Terms and Conditions I. Award Acceptance The Notice of Grant Award is only an offer until the grantee returns the signed copy of the Notice of Grant Award by the dated provided in the transmittal letter. II. Governing Law This grant program is subject to the laws and jurisdiction of the State of Texas and shall be construed and interpreted accordingly. This award is subject to the program guidance contained in Border Security Equipment and Technology (BSET) Grant Guidance and Application Kit issued by the Governor’s Division of Emergency Management (GDEM) and any amendments issued by GDEM. This award is further subject to OMB Circular A-87; Texas Government Code, Chapter 78 ; Texas Administrative Code, Title 1, Part 1, Chapter 5, Subchapter A, Division D; and the Uniform Grant Management Standards issued by the Governor’s Office of Budget and Planning. III. Compliance with Law The Grantee understands and agrees that it will comply with all local, Texas, and federal laws, statutes, codes, ordinances, rules and regulations, and with the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of any BSET grant award. IV. Failure to Comply GDEM may suspend or terminate award funding, in whole or in part, or impose other measures for any of the following reasons: failure to comply with the requirements or statutory objectives of governing law, failure to make satisfactory progress toward the goals or objectives set forth in the award application, failure to follow grant agreement requirements or special conditions, failure to submit required reports, or filing a false certification or other report or document. Satisfactory Progress is defined as accomplishing the following during the performance period of the grant: requesting state funds for purchases, training, etc., and deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner. Special Conditions may be imposed on grantee’s use of grant funds until corrective actions are taken to address issued identified during grant monitoring visits conducted by GDEM or its representative. V. Litigation and Endemnity A. Each party may participate in the defense of a claim or suite related to the subject matter of a BSET award, but no costs or expenses shall be incurred for any party by the other party without written consent. B. To the extent authorized by law, the Grantee agrees to indemnify and hold harmless GDEM against any claims, suits, actions, damages, and costs of every nature or description arising out or resulting from the performance of a BSET award, and the Grantee further agrees to satisfy any final judgment awarded against Grantee or GDEM arising from the performance of same award, provided said claim, suit, actions, damage, judgment, or related cost is not attributed by the judgment of a court of competent jurisdiction to the sole negligence of GDEM. C. It is the agreement of the parties that any litigation involving the parties to a BSET award may not be compromised or settled without the express consent of GDEM unless such litigation does not name the GDEM as a party.
VI. Liability A. Each party to a BSET award agrees that it shall have no liability whatsoever for the actions and/or omissions of the other party’s employees, officers, or agents, regardless of where the individual’s actions and/or omissions occurred. Each party is solely responsible for the actions and/or omissions of its employees, officers, and agents; however, such responsibility is only to the extent authorized by Texas law. Where injury or property damage result from the joint or concurring acts and/or omissions of the parties, any liability shall be shared by each party in accordance with the applicable Texas law, subject to all defenses, including governmental immunity. These provisions are solely for the benefit of the parties hereto and not for the benefit of any person or entity not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law. B. Pursuant to Section 421.062 of the Texas Government Code and to the extent it applies, the parties are not responsible for any civil liability that arises from furnishing a service related to a homeland security activity, as defined by Section 421.001 of the Texas Government Code, while acting under a BSET award. VII. Political Polling The grantee certifies that it does not perform political polling. VIII. Debarment The sub-recipient certifies that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; sub-recipients can access debarment information by going to www.epls.gov for the federal Excluded Parties List System and at www.tbpc.state.tx.us/communities/ procurement/prog/vendor_performance/debarred for the State Debarred Vendor List; B. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(B) of this certification; D. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and E. Will not use BSET grant funds to make any contract or permit any subcontract at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, “Debarment and Suspension.” Grantee will ensure inclusion of these clauses in all contracts and subcontracts involving BSET funds. Appendix D: BSET Grant Guidance and Application Kit
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Texas Border Security Council Repor
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Section One: Executive Summary Duri
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Section Two: Border Security Counci
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Section Three: Background on Texas
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Section Five: Recommendations 10 Se
Page 14 and 15: Section Five: Recommendations 12 Re
Page 17 and 18: Recommendation: In order to be elig
Page 19: Section Six: Appendices 1
Page 22 and 23: Appendix B: Line-Item Budget of Hom
Page 24 and 25: Appendix C: Public Hearing and Open
Page 48 and 49: Appendix D: BSET Grant Guidance and
Page 88 and 89: Appendix E: Relevant Charts 8 Chart
Page 90: Appendix E: Relevant Charts 88 Char
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Border Security Council Report - Office of the Governor - Rick Perry

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