HomeMy WebLinkAboutC2006-102 - 3/21/2006 - Approved
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Contract Number 06-DEM-LEPC-1
AGREEMENT FOR
HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS PLANNING GRANT
STATE OF TEXAS
COUNTY OF TRAVIS
PARTIES
Pursuant to the authority of TEXAS GOVERNMENT CODE ~~ 418.043 and 418.044 and/or ~
791.011. this agreement for a Hazardous Materials Emergency Preparedness Planning
grant is made by and between the State of Texas, acting by and through the Texas
Department of Public Safety, Governor's Division of Emergency Management,
hereinafter called the 'STATE" and City of Corpus Christi/Nueces County hereinafter
referred to as the "CITY," serving as a fiscal agent for the City of Corpus Christi/Nueces
County Local Emergency Planning Committee (LEPC).
WITNESSETH
WHEREAS, the STATE has no programmed resources to implement this requirement of
federal law and
WHEREAS, the ST ATE will receive funds from the United States Department of
Transportation to accomplish the tasks detailed in this agreement.
AGREEMENT
NOW, THEREFORE, the STATE and the CITY in consideration of the mutual covenants
and agreements contamed herein, do mutually agree as follows:
The CITY agrees to perform hazardous materials emergency preparedness planning
activities In connection with the project as stated in the Articles to follow and outlined
hereafter, and for having rendered such services, the STATE agrees to pay to the CITY
compensation for these services as set out in this agreement. All services performed
under thiS agreement shall be performed under the supervision of the State
Coordinator, Governors Division of Emergency Management (GDEM), represented by
the Hazardous Materials Training Officer as the STATE project officer.
2006-102
OJ/2106
Res026fl72
fDPS
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1. CONTRACT PERIOD
This agreement shall become effective upon the date of final execution by the
STATE and shall be completed by Auqust 31, 2006, unless terminated in a manner
defined herein
2. SERVICES TO BE PROVIDED BY THE CITY
The CITY shall:
A. Complete the following projects
Conduct a chemical spill exercise/drill and conduct a public education proqram
as proposed by the Local Emerqency Planninq Committee (LEPC). The purpose
of these proiects is to better prepare local responders for hazardous materials
response in Corpus Christi and Nueces County.
B. Provide the STATE the following deliverables:
1) Monthly progress reports as outlined in Section 6 below.
2) Monthly financial reports as outlined in Section 6 below.
3) A final project report as outlined in Section 6 below, together with a copy of
the chemical spill exercise/drill report and a copy of public education
products
4) A copy of any contract between the City of Corpus Christi and any vendor for
products or services related to the project as stated in Section 2 above.
3. SERVICES TO BE PROVIDED BY THE STATE
The STATE shall provide planning assistance to the CITY in the form of guidance so
the CITY can timely complete the deliverables listed above.
4. COMPENSATION AND METHOD OF PAYMENT
A. The estimated total approved cost of the project which is the subject of this grant
IS
Sixteen Thousand Two Hundred and Fifty dollars ($16,250).
B. The maximum amount payable by the STATE under this agreement is:
Thirteen Thousand dollars ($13,000).
C. The CITY shall provide a cash or soft match of at least 20% of the total project
cost or at least:
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Three Thousand Two Hundred and Fifty dollars ($3,250).
The soft match may include any of the following expenses that are reasonable,
allowable and allocable to the project.
1 i Salaries, fringe benefits, per diem, housing, or travel expenses incurred by
any person other than a government employee while attending training
classes or involved In program activities
2) Private contributions such as corporate contributions of facilities or services
such as free classroom space.
3) Voluntary contributions such as firefighter support, emergency personnel
support, and the time of any LEPC member.
4) Equipment or facilities used for exercises, whether public or private.
5) Facility space necessary to conduct activities for the grant program.
6) University students volunteering time to aid in collection of data.
D. To receive reimbursement for allowable costs, the CITY shall submit as
attachments to the monthly financial report an original and four copies of all
invoices or receipts along with copies of canceled checks or other proof of
payment for each invoice or receipt to the STATE for expenses paid by the CITY
during the month covered by the report.
E. The CITY shall furnish all equipment, materials and supplies required to perform
the project, which is the subject of this grant
F. All payments to the CITY shall be made when the CITY, and a valid invoice or
receipt pays expenses and proof of payment for each expense is submitted to
the STATE The total amount of the grant will be paid when all deliverables have
been received and paid for by the CITY
G. The STATE shall make payment to the CITY within thirty (30) days from receipt
of the CITYs reimbursable expenses, provided the request for payment is
properly prepared, executed, and documented.
H. The CITY agrees to spend the average of the CITY's Local Emergency Planning
Committee expenditure for planning activities for the past two years, in addition
to the CITY's twenty percent (20%) cost match for this grant.
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5. INITIATION OF PROJECT WORK
The CITY shall not begin the work outlined herein until final execution of this
agreement by the STATE.
6 INSPECTION OF WORK AND PROGRESS REPORTING
A. The CITY shall from time to time during progress of the work defined herein,
confer with the 8T ATE. The 8T ATE's project officer has the right to inspect work
being performed pursuant to this agreement in a manner that will not unduly
delay the work The CITY shall prepare and present such information and data
as may be pertinent and necessary or as may be requested by the STATE in
order to evaluate the progress of the work to be performed by the CITY.
B. The CITY's project officer shall render required reports to the STATE's project
officer Including
1) Commencing with March 2006, monthly progress reports in the format
outlined in Attachment 1 to this agreement. Reports should be dispatched not
later than the 20th of the month following that which the progress report
covers
2) Commencing with March 2006, monthly financial reports, with supporting
documentation, in the format outlined in Attachment 2 to this agreement.
Reports should be mailed not later than the 20th of the month following that
which the financial report covers.
3) Not later than September 15, 2006, a final project report, which shall
summarize the work, performed on the project and accomplishments and a
final financial report with all remaining invoices for reimbursement, supported
by appropriate documentation of expenses.
Monthly progress reports and the final project report may be submitted by mail,
facsimile, or e-mail. Financial reports, which require original supporting
documentation. and the final project report must be sent by mail or courier.
7. TERMINATION
A. ThiS agreement may be terminated by any of the following conditions:
1) By mutual agreement and consent of both parties.
2) By the 8T A TE upon written notice to the CITY as consequence of the CITY's
failure to perform the services herein in a satisfactory manner and within the
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limits provided, with proper allowances being made for circumstances beyond
the control of the CITY as determined in good faith and reasonable business
Judgment by the STATE
3 'I By the ST AT E for reasons of It'S own and not subject to the mutual consent of
the CITY upon not less than ten (10) days written notice to the CITY.
4} By satisfactory Gompletion of all services and obligations described herein.
B. Should the STATE terminate this agreement as herein provided, no expenses
except those due and payable at the time of termination shall thereafter be paid
to the CITY Payment for the work at the time of termination shall be based upon
work completed at that time.
C. The termination of this agreement and payment of any amount in the settlement
as prescribed herem shall extinguish all rights, duties, obligations and liabilities of
the 5T ATE and the CITY under this agreement.
8 DISPUTES
The CITY shall be responsible for the settlement of all contractual and administrative
issues ariSing out of procurement made by the CITY in support of this grant
program. Any disputes concerning the work or obligations defined herein or
additional costs, or any non-procurement issues shall be settled at the sole
discretion of the Department of Public Safety.
9. INDEMNIFICATION
To the extent authorized by the Constitution and Laws of the State of Texas the
CITY shall indemnify and hold harmless the 5T ATE, its officers and employees from
all third party claims for injury to, or death of, persons and damage to, or loss of,
phYSical property directly due to activities of itself, its agents, contractors, officers or
employees, performed under this agreement and which result from the negligence or
willful misconduct of the CITY or of any person employee by the CITY. The CITY
shall also indemnify and hold harmless the STATE, its officers and employees from
any and all expenses, including attorney fees which might be incurred by the
STATE its officers and employees as a result of such activities by the CITY, its
agents. contractors officers and employees
10. COMPLIANCE WITH LAWS
The CITY shall comply with all federal, state and local laws, statutes, ordinances,
rules, regulations, and the orders and decrees of any court, or administrative bodies
or tribunals in any manner affecting the performance of this agreement.
Page 60f6
11. ASSURANCES
The CITY assures that no person shall, on the grounds of race, creed, color,
handicap, national origin, gender, political affiliation or beliefs, be excluded from, be
denied benefit of, or be subject to discrimination under any program or activity
funded in whole or in part under this agreement. Incorporated by reference the
same as If specifically wntten herein are rules, regulations, and all other
requirements imposed by law, Including but not limited to compliance with those
pertinent rules and regulations of the State of Texas and those of United States
agencies providing funds to the State of Texas
12. AUDIT REQUIREMENTS
The CITY hereby agrees to comply with the requirements specified in the Single
Audit Act. 31 US C ~~ 7500 et seq. (Supp.1999) (Public Law 104-156), as
applicable.
13. WRITTEN MODIFICATION
No modification or amendment to this Agreement shall become valid unless In
writing and signed by both parties.
14. EQUAL EMPLOYMENT OPPORTUNITY
The Grantee agrees to comply with all provisions of Executive Order No. 11246
(September 24, 1965) and of the rules, regulations, and relevant Orders of the
Secretary of Labor
15. RIGHTS IN DATA
A. The term "subject data" as used in this agreement means recorded information,
whether or not copyrighted, that is delivered or specified to be delivered under
this Agreement The term Includes graphic or pictorial delineations in media such
as drawings or photographs; audio-visual recordings such as films or videotapes;
text In specifications or related performance or design-type documents; machine
forms such as punched cards, magnetic tape, or computer memory printouts;
and information retained in computer memory
1 Examples of "subject data' include, but are not limited to: engineering
drawings and associated lists; specifications; standards; process sheets;
manuals. technical reports catalog item identifications; and related
information
2) The term does not include financial reports, costs analysis, and similar
information incidental to program administration.
Page 70f7
B. With respect to all subject data first produced in the performance of this
Agreement. DOT reserves a royalty-free, non-exclusive and irrevocable license
to reproduce publish or otherwise use, and to authorize others to use, for
Federal Government purposes
1, Any work developed under the grant. sub-grant. or third party contract,
irrespective of whether or not a copyright has been obtained; and
2) Any rights of copyright to which the Grantee, sub-grantee, or third-party
contractor purchases ownership with DOT assistance.
C. When DOT provides assistance to a Grantee for a program involving emergency
planning and training, it is DOT's intent to increase the body of transportation
knowledge, rather than to limit the benefit of the program to the parties to the
agreement. Therefore, the Grantee that has received assistance to support
research, financed under the Federal Hazardous Materials Transportation Law
(49 use Section 5101 et. seq.), understands and agrees that, in addition to the
rights set forth In sub-section 15.B of this Agreement, DOT may make available
to any DOT Grantee, sub-grantee, sub-recipient, third-party contractor, or third-
party subcontractor, either DOT's license in the copyright to the "subject data"
derived under this agreement
D. The Grantee must indemnify, save and hold harmless DOT, officers, agents, and
employees acting within the scope of their official duties against any liability,
including costs and expenses, resulting form any willful or intentional violation by
the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the
publication, translation, reproduction, delivery, use, or disposition of any data
furnished under this agreement.
E. Nothing contained in this clause implies a license to DOT under any patent or
can be construed as affecting the scope of any license or other right otherwise
granted to DOT under any patent.
F. Subsections 15 B through 15.0 of this document are not applicable to material
furnished to the Grantee by DOT and incorporated in the work furnished under
the Agreement. provided that the Grantee identifies the incorporated material
when the work is delivered
G. If the program, which is the subject of this agreement. is not completed, for any
reason whatsoever, all data developed under that program becomes subject data
as defined in Subsection 15.A of this Agreement and must be delivered as DOT
may direct
H. The requirements of Subsections 15.A through 15.G of this document must be
included in all third-party contracts of the Grantee under this program.
Page 8 of 8
16. THE GRANTEE AGREES
A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. S 552a and,
implementing regulations when performance under the program involves the
design, development, or operation of any system of records on individuals to be
operated by the Grantee, its third-party contractors, subcontractors, sub-
grantees. or their employees to accomplish a DOT function;
B. To notify DOT when the Grantee or any of its third-party contractors,
subcontractors sub-grantees, sub-recipients, or their employees anticipate
operating a system of records on behalf of DOT in order to implement the
program, if such system contains information about an individual's name or other
identifier assigned to the individual. The Grantee may not use a system of
records subject to the Act in performing this Agreement until the necessary and
applicable approval and publication requirements have been met. The Grantee,
its third-party contractors subcontractors, sub-grantees, and their employees
agree to correct. maintain, disseminate, and use such records in accordance with
the terms of the Act, and to comply with all applicable terms of the Act;
C. To Include in every solicitation and in every third-party contract, sub-grant, when
the performance of work under that proposed third-party contract, sub-grant or
sub-agreement may involve the design, development, or operation of a system of
records on individuals to be operated under that third-party contract, sub-grant,
or to accomplish a DOT function, a Privacy Act notification informing the third-
party contractor or sub-grantee, that it will be required to design, develop, or
operate a system of records on individuals to accomplish a DOT function subject
to the Privacy Act of 1974, 5 U SC. S 552a, and applicable DOT regulations, and
that a violation of the ACT may involve the imposition of criminal penalties; and
D. To Include the text of subsections 16.A through 16.C in all third-party contracts,
and sub-grants under which work for this Agreement is performed or which is
awarded pursuant to this Agreement or which may involve the design,
development. or operation of such a system of records on behalf of DOT.
17 DEBARMENT AND SUSPENSION
The Grantee must obtain form its third-party contractors, subcontractors and sub-
grantees the certification required by 49 CFR Part 29,
18. FALSE OR FRADULENT STATEMENT OF CLAIMS
The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program.
The Grantee acknowledges that if it makes a false, fictitious, or fraudulent claim,
statement, submission. or certification to DOT in connection with this program, DOT
has the right to pursue and impose on the Grantee civil and criminal penalties.
Page 90f9
19. The recipient agrees that it and its contractors, subcontractors, employees, and
representatives will comply with all applicable provisions of 49 CFR 48, 49 CFR
110 and any amendment to this agreement
20. PROJECT OFFICERS
The project officers for this agreement are.
A For the STATE
Name:
Address:
Telephone:
Fax:
E-mail:
B. For the CITY
Name:
Address:
Telephone:
Fax
E-mail:
E Jack Whitley
Training & Exercise Unit
Governor's Division of Emergency Management
Texas Department of Public Safety
PO Box 4087
Austin, Texas 78773-0225
(512) 424-5985
(512) 424-5647
iack. whitley@txdps.state.tx.us
Ri( k Ramus, Sr. Management Assistant
24(16 Leopdrd Suite 300
C . lrpus C hri..Stl, T X 78408
361-880-3938
5i)1- 887-80 S 3
nckr@ cctexas.co m
21. SIGNATORY AUTHORITY
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The undersigned signatory for CITY hereby represents and warrants that he/she is an
officer of the organization for which he/she has executed this agreement, and that
he/she has full and complete authority to enter into this agreement on behalf of the
CITY
IN TESTIMONY WHEREOF. the parties hereto have caused this agreement to be
executed in duplicate effective the date of the last signature to this agreement.
FOR THE STATE
FOR THE CITY
Texas Department of Public Safety
Name of Agency
City of Corpus Christi
Name of Jurisdiction
,,;. . "L~:
BY'~'~ .'. ""Z:::~'f
_- _;,:;... - _ ~- -, : ~/ "- ~-4-~_- -
Authorized ~nature
BY'
ilc,,"-,
. uthorized Signature
Oscar Ybarra
Printed Name
C; eorge K. N oe
Printed Name
Chief of Finance
Titl~
City Manager
Title
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f Date
3/21 I 1) fa
ate
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DTY SECRETARY
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Fiscal Year 2005
Hazardous Materials
Emergency Preparedness
Planning Grant
ASSURANCES
&
CERTIFICA TIONS
Page 11 of II
Page 12 of 12
APPENDIX A
CERTIFICA TION
DRUG FREE WORKPLACE ACT OF 1988
The recipient certifies that it will provide a drug-free workplace by:
Publishing a statement notifying employees that the unlawful manufacture,
distnbution, dispensing, possession, or use of a controlled substance is prohibited in
the recipient's workplace and specifying the actions that will be taken against
employees for violation of such prohibition.
'J
L
Establishing a drug-free awareness program to inform employees about:
A. The dangers of drug abuse in the workplace:
B. The recipient's policy of maintaining a drug-free workplace:
C Any available drug counseling, rehabilitation, and employee assistance
programs; and
D. The penalties that may be imposed on employees for drug abuse violations
occurring in the workplace:
3 Making it a requirement that each employee to be engaged in the performance of
the project be given a copy of the statement required by paragraph (a);
4 Notifying each employee in the statement required by paragraph that, as a condition
of employment under the award. the employee must:
A. Abide by the terms of the statement; and
8. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than 5 days after such conviction;
5 Notifying the Award Official within 10 days after receiving notice under
subparagraph (d)2 from an employee or otherwise receiving actual notice of such
conviction
6 Taking one of the following actions, within 30 days of receiving notice under
subparagraph (d)2 with respect to any employee who is so convicted:
A. Appropriate personnel action against such an employee, up to and including
termination or
Page 13 of 13
B. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitatIon program approved for such purposes by a Federal, State, or
local health, law enforcement. or other appropriate agency:
7 Making a good-faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1. 2, 3, 4, 5, and 6
Place of Performance
240b Leopard S,1itt 30e
Street address
C orpu~ Christi, N ueceE
City, County
Texas 78408
State, Zip Code
Date
_ i
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.) Lo'
.
. \ .
.- ,
City of Corpus c: nristi
(Name of Grant Recipient)
by
,
\
(gigJ~~e~f Authorized Official)
Page 14 of 14
APPENDIX B
U.S. DEPARTMENT OF TRANSPORTATION
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
TRAINING AND PLANNING GRANTS
CERTIFICATION OF COMPLIANCE WITH GOVERNMENT-WIDE
GUIDANCE ON LOBBYING RESTRICTIONS
(31 U.S.C. 1352)
The ,~lty of Cxpus hristi
(Grant Recipient)
Certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Grant Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, and officer or employee of
Congress, or an employee or a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan. the entering into of any cooperative agreement, or modification of
any Federal contract, grant. loan. or cooperative agreement.
2 If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement the Grant Recipient shall complete and submit
Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its
instructions
3, The Grant Recipient shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
This certification IS a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, U.S, Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not Jess than $10 000 for such failure.
Date j! 1.( ! C \,.
City at Corpus C ilristi
(Name of Grant Recipient)
by (Signatu~ Z';;;;';rized Official)
Page 15 of 15
APPENDIX C
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
US DEPARTMENT OF TRANSPORTATION
The State of Texas (hereinafter referred to as the "Recipient") HEREBY AGREES THAT
as a condition to receiving any Federal financial assistance from the Department of
Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42
U S.C 2000d-42 U S C. 2000d-4 (hereinafter referred to as the Act) and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination In Federally-assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the
Regulations) and other pertinent directives, to the end that in accordance with the Act,
Regulations. and other pertinent directives, no person in the United States shall, on the
grounds of race color, sex or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or
activity for which the Recipient receives Federal financial assistance from the
Department of Transportation. and HEREBY GIVE ASSURANCE THAT it will promptly
take any measures necessary to effectuate this agreement. This assurance is required
by subsection 21 7(a)( 1) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient
hereby give the following specific assurance with respect to the project.
That the Recipient agrees that each "program" and each "facility" as
defined in subsections 21.23(e) and 21.239(b) of the Regulations, will be (with
regard to a "program") conducted, or will be (with regard to "facility") operated in
compliance with all requirements imposed by, or pursuant to, the Regulations.
2 That the Recipient shall insert the following notification in all solicitations for bids
for work or material subject to the Regulations and, in adapted form in all
proposals for negotiated agreements:
The ReCipient, in accordance with Title VI of the Civil Rights Act of 1964,
78 State 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal
Regulations Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of
the Department of Transportation issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively insure that in regard to any
Page 16 of 16
contract entered into pursuant to this advertisement, minority business
enterprises will be afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race,
color, sex or national origin in consideration for an award.
3 That the Recipient shall insert the clauses of Appendix B of this assurance
in every contract subject to the Act and the Regulations.
4. That this assurance obligates the Recipient for the period during which
Federal financial assistance is extended to the project.
5. The Recipient shall provide for such methods of administration forthe
program as are found by the Secretary of Transportation or the official to whom
he delegates specific authority to give reasonable guarantee that it, other
recipients, subgrantees. contractors, subcontractors, transferees, successors in
Interest. and other participants of Federal financial assistance under such
program will comply with all requirements imposed or pursuant to the Act, the
Regulations and this assurance.
6 The Recipient agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, and Regulations,
and this assurance.
THIS ASSURANCE is given in considerations of and for the purpose of obtaining any
and all Federal grants, loans, contracts, property, discounts or other Federal financial
assistance extended after the date hereof to the Recipient by the Department of
Transportation and is binding on it, other recipients, subgrantees, contractors,
subcontractors, transferees, successors in interest and other participants in the
Department of Transportation Program. The person or persons who signatures appear
below are authorized to sign this assurance on behalf of the Recipients.
Date
I
j 'e J !~
i'l
City 0 r Corpus C hrLc.ti
(Name of Grant Recipient)
by
"'--'
'(Si nature of Authorized Official)
Page 17 of 17
APPENDIX D
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
US DEPARTMENT OF TRANSPORTATION
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
Compliance with ReQulations: The contractor shall comply with the Regulations
relative to nondiscrimination in Federally assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter referred to as the
Regulations) which are herein Incorporated by reference and made a part of this
contract
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Nondiscrimination. The contractor, with regard to the work performed by it during
the contract. shall not discriminate on the grounds of race, color, sex, or national
origin in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The contractor shall not participate either
directly or Indirectly in the discrimination prohibited by Section 21.5 of the
Regulations. including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
:3
Solicitation for Subcontracts, IncludinQ Procurement of Materials and Equipment:
In all solicitations either by competitive bidding or negotiation made by the
contractor for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the contractor of the contractor's obligations under this contract
and the Regulations relative to nondiscrimination on the grounds of race, color,
sex or national origin.
4
Information and Reports The contractor shall provide all information and
information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish thiS Information the contractor shall so certify to the
State of Texas or the Research and Special Programs Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
5
Sanctions for Noncompliance: In the event of the contractor's noncompliance
With nondiSCrimination provisions of this contract, the State of Texas shall impose
contract sanctions as it or the Research and Special Programs Administration
may determine to be appropriate, including, but not limited to:
Page 18 of 18
al withholding of payments to the contractor under the contract until the
contractor complies; and/or
b cancellation, termination, or suspension of the contract, in whole or in part.
5 incorporation of Provisions The contractor shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The contractor shall take such action with
respect to any subcontract or procurements as the State of Texas or the
Research and Special Programs Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance: Provided,
however, that ir the event a contractor becomes involved in, or is threatened
with, litigation with a subcontract or supplier as a result of such direction, the
contractor may request the State of Texas to enter into such litigation to protect
the interests of the State of Texas, and, in addition the contractor may request
the United States to enter into such litigation to protect the interests of the United
States
Date
~fj f
_ '-, I
,.
v .....~
\
by / I \\.. "-
"(Signature of Authorized Official)
City ul Corpus C hri.;ti
(Name of Grant Recipient)
Page 19 of 19
APPENDIX E
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
US DEPARTMENT OF TRANSPORTATION
The following clauses shall be included in all deeds, licenses, permits, or similar
Instruments entered into by the State of Texas.
The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself,
his/her heirs, personal representatives. successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree [in the case of deeds and
leases add "as a covenant running with the land"] that in the event facilities are
constructed, maintained, or otherwise operation on the said property described in this
[deed, license, lease, permit etc.] for a purpose for which a Department of
Transportation program or activity is extended or for another purpose involving the
provision of similar services or benefits, the [grantee, licensee, lessee, permittee, etc.]
shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of
Transportation. Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of
Federally-Assisted Programs of the Department of Transportation - Effectuation of Title
VI of the Civil Rights Act of 1964. and as said Regulations may be amended.
[Include In licenses, leases, permits. etc.]*
That in the event of breach of the above nondiscrimination covenants, State of Texas
shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and
repossess said land and the facilities thereon. and hold the same as if said [licenses,
lease, permit, etc.] had never been made or issued.
[Include In deeds]*
That in the event of breach of any of the above nondiscrimination covenants, State of
Texas shall have the right to re-enter said lands and facilities thereon, and the above
described lands and facilities shall thereupon revert to and vest in and become the
absolute property of State of Texas and its assigns.
The following shall be Included in all deeds, licenses, leases, permits, or similar
agreements entered into by State of Texas.
The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself,
his/her personal representatives successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree [in case of deeds, and leases
Page 20 of 20
add "as a covenant running with the land"] that (1) no person on the grounds of race,
color, sex, or national origin shall be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)
that in the construction of any improvements on, over or under such land and the
furnishing services thereon, no person on the grounds of race, color, sex, or national
origin shall be excluded from the participation in, be denied the benefits of, or be
otherwise subjected to discrimination, and (3) that the [grantee, licensee, lessee,
permittee, etc.] shall use the premises in compliance with all other requirements
Imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation - Effectuation of Title
VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
[Included in licenses leases, permits, etc.]*
That in the event of breach of any of the above nondiscrimination covenants, State of
Texas shall have the right to terminate the [license, lease, permit, etc.] and to re-enter
and repossess said land and the facilities thereon, and hold the same as if said [license,
lease, permit etc.] had never been made or issued.
[Include In deeds]*
That in the event of breach of any of the above nondiscrimination covenants, State of
Texas shall have the nght to re-enter said land and facilities thereon, and the above
described lands and facilities shall thereupon revert to and vest in and become the
absolute property of State of Texas and its assigns.
" Reverter clause and related language to be used only when it is determined that such
a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights
Act of 1964
Date
~
..,! L
I
O\.:
Cit v of orpu.s hIlsti
(Name of Grant Recipient)
by L '---..
(Si a ure of Authorized Official)
Page 21 of21
ATTACHMENT 1
MONTHLY PROGRESS REPORT FORMAT
HMEP PLANNING GRANT MONTHLY PROGRESS REPORT
LEPC
Jurisdiction acting as fiscal agent
For the Month of
Project Progress During the Month
(Should Include a description of the work that has been performed, major purchases, if any, and an
estimate of the percent of the project completed to date For projects that involve multiple tasks,
discuss each and Indicate which tasks If any, are complete)
2 Problems Impeding Project & Actions Taken to Resolve Those Problems:
3 Planned Project Work for the Next Month:
(Should Include a description to work to be performed and major purchases planned, if any. For
projects that Involve multiple tasks, discuss each)
4 Estimated Project Completion Date
Signature of Local Project Officer
Title of Local Project Officer
Page 22 of 22
ATTACHMENT 2
MONTHLY FINANCIAL REPORT FORMAT
HMEP PLANNING GRANT MONTHLY FINANCIAL REPORT
LEPC
Jurisdiction acting as fiscal agent
For the Month of
Project Cost (from Grant Agreement!
2 State Share (from Grant Agreement)
3 Local Match Share (from Grant Agreement)
4 Expenses previously submitted for State reimbursement
$
$
$
$
5 State reimbursement requested - this report
$
Paid To
Date Amount
Purpose
(An anginal and four caples of valid invoices or receipts and proof of payment for expenses (in the
form of canceled checks, bills marked "paid in full", or other proof) must be attached to this report in
order to receive state reimbursement for allowable expenses.)
6 Local match expenditures incurred
(Local match may be a cash match or a soft match, which could be one or more of the following:
A Salanes, fringe benefits, per diem, lodging, or travel expenses incurred by any person other than
a government employee while attending training classes or involved in program activities.
B. PubliC or private contributions of goods, such as paper or services, such as printing, at fair
market value
C. Voluntary contnbutlons of labor by either public or private employees, valued at their normal rate
of pay
D. Equipment used for exercises, whether public or private, valued at its normal rental rate.
E. Facilities necessary to conduct activities for the grant program, valued at market lease rates.
F. Students volunteenng time. valued at prevailing minimum wage.)
State Share balance (Line 2 -14+5])
$
8
Local Match Share balance (Line 3-6)
$
Signature of Local Financial Officer
Title of Local Financial Officer