HomeMy WebLinkAboutC2009-130 - 4/14/2009 - Approved- origtnat -
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AGREEMENT
FOR HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS (HMEP) 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 Governor's Division of Emergency Management,
hereinafter called the "STATE," and The City of Corqus Christi hereinafter. referred to as the
"GRANTEE," serving as a fiscal agent for the City of Corqus 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 STATE will receive funds from the United States Department of Transportation (DOT) to
accomplish the tasks detailed in this agreement.
AGREEMENT
NOW, THEREFORE, the STATE and the GRANTEE in consideration of the mutual covenants and
agreements contained herein, do mutually agree as follows:
The GRANTEE 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 GRANTEE compensation for these services as
set out in this agreement. All services performed under this agreement shall be performed under the
supervision of the Chief, Governor's Division' of Emergency Management (GDEM), represented by the
HazMat Preparedness Officer as the STATE project officer.
CONTRACT PERIOD
This agreement shall become effective upon the date of final execution by the STATE and shall be
completed by August 31.2009 unless terminated in a manner defined herein.
2. SERVICES TO BE PROVIDED BY THE GRANTEE
The GRANTEE shall:
A. Complete the following project:
2009-130
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Res. 028108
Tx. Dept. Of Public Safety
Contract Number 09-DEM-LEPC-001
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Educate the oeneral public on potential risks and hazards associated with the transportation storage
and use of hazardous materials. The proper actions to take in the event of a hazardous chemical
accident or release and to conduct a full scale hazardous material drill.
B. Provide the STATE the following deliverables:
1) Progress reports and financial reports as outlined in Section 6 below.
2) Final project report and final financial report as outlined in Section 6 below.
3) A copy of all deliverables (i.e. public education/outreach products, materials printed under this
agreement, pictures of items that are too large/bulky to be mailed).
4) A copy of any contract between GRANTEE and any vendor for products or services related to
the project as stated in Section 2A above.
3. SERVICES TO BE PROVIDED BY THE STATE
The STATE shall provide planning assistance to the GRANTEE in the form of guidance so the
GRANTEE 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 three hundred dollars ($16,300.00)
B. The maximum amount payable by the STATE under this agreement is:
Thirteen thousand forty dollars ($13,040.00)
C. The GRANTEE shall provide a match that equals or exceeds:
Three thousand two hundred sixty dollars ($3.260.00)
D. Reimbursement will be processed through the Texas Department of Public Safety as authorized
by the General Appropriation Act. 80t" Legislature, Article V.
E. The STATE shall make payment to the GRANTEE within thirty (30) days from receipt of the
GRANTEE'S documentation for reimbursable expenses, provided the request for payment is
properly prepared, executed, and documented.
F. The GRANTEE agrees that the aggregate of funds of the Local Emergency Planning Committee,
exclusive of Federal Funds and twenty percent (20%) cost match for this grant, for developing,
improving, and implementing emergency plans under Emergency Preparedness and Community
Right-to-Know Act (EPCRA) will be maintained at a level that does not fall below the average level
of such expenditures for the 2 fiscal years prior to this grant project.
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G. To receive reimbursement for allowable cost, the GRANTEE must:
1) Submit quarterly financial reports with the following attached:
(a) Valid invoices or receipts
(b) Canceled checks or other proof of payment for each expense
2) Proof of LEPC match for the quarter
(a) Match must be used directly in connection with the approved activities.
(b) Match must be non-Federal funds or a match in-kind (soft funds).
(c) If match is soft funds then expense out the match and have either the LEPC Chair or Vice
Chair sign certifying the soft match.
(d) The soft match may include any of the following expenses that are reasonable, allowable
and allocable to the project.
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.
ii. Private contributions such as corporate contributions of facilities or services such as
free classroom space.
iii. Voluntary contributions such as firefighter support, emergency personnel support, and
the time of any Local Emergency Planning Committee (LEPC) member.
iv. Equipment or facilities used for exercises, whether public or private.
v. Facility space necessary to conduct activities for the grant program.
vi. University students volunteering time to aid in collection of data
H. Final payment may be withheld until all deliverables, paid for under this agreement, have been
received by GDEM.
I. The GRANTEE shall furnish all equipment, materials and supplies required to perform the project,
which is the subject of this grant.
5. INITIATION OF PROJECT WORK
The GRANTEE shall not begin the work outlined herein until final execution of this agreement by the
STATE.
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6. INSPECTION OF WORK AND PROGRESS REPORTING
A. The GRANTEE shall, from time to time during progress of the work defined herein, confer with the
STATE. The STATE'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 GRANTEE 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 GRANTEE.
B. The GRANTEE's project officer shall render required reports to the STATE's project officer,
including:
1) Two progress reports in the format outlined in Attachment 3 to this agreement.
2) Two financial reports, in the format outlined in Attachment 4 to this agreement with all required
supporting documentation.
3) A final project report, which shall summarize the work performed on the project and
accomplishments.
4) A final financial report and all remaining invoices for reimbursement, supported by appropriate
documentation of expenses, including any remaining LEPC match.
5) A copy of all deliverables derived from this agreement.
6) Progress/Financial/Final Report Schedule:
(a) First Report (January -March) Due to the STATE by 30t" of April.
(b) Second Report (April -June) Due to the STATE by 30"' of July.
(c) Final Report Due by the 30~' of September (See B3 & 64 above.)
Progress reports and the final project report may be submitted by mail, facsimile, ore-mail. Financial
reports, with original signature, along with all supporting documentation, must be sent by mail or
courier.
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 STATE upon written notice to the GRANTEE as consequence of the GRANTEE's
failure to perform the services herein in a satisfactory manner and within the limits provided,
with proper allowances being made for circumstances beyond the control of the GRANTEE as
determined in good faith and reasonable business judgment by the STATE.
3) By the STATE for reasons of it's own and not subject to the mutual consent of the GRANTEE
upon not less than ten (10) days written notice to the GRANTEE.
4) By satisfactory completion of all services and obligations described herein.
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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 GRANTEE. 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
herein shall extinguish all rights, duties, obligations and liabilities of the STATE and the GRANTEE
under this agreement.
8.
DISPUTES
The GRANTEE shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement made by the GRANTEE 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 Governor's Division of Emergency Management (GDEM).
9.
INDEMNIFICATION
To the extent authorized by the Constitution and Laws of the State of Texas the GRANTEE shall
indemnify and hold harmless the STATE, 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 GRANTEE or of any person employed by the
GRANTEE. The GRANTEE 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 GRANTEE, its agents,
contractors, officers and employees.
10.
11
COMPLIANCE WITH LAWS
The GRANTEE shall comply with all federal, state
regulations, and the orders and decrees of any court
manner affecting the performance of this agreement.
and local laws, statutes, ordinances, rules,
or administrative bodies or tribunals in any
ASSURANCES
The GRANTEE 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
discrimihation under any program or activity funded in whole or in part under this agreement.
Incorporated by reference the same as if specifically written 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.
To the extent it applies, GRANTEE shall comply with Texas Government Code, Chapter 783, 1
TAC 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative
Requirements for Grants and Cooperative Agreements, Section III, Subpart B, §_ 14 (Attached
as "Attachment 2").
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12. AUDIT REQUIREMENTS
The GRANTEE hereby agrees to comply with the requirements specified in the Single Audit Act, 31
U.S.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), the rules, regulations, and relevant Orders of the Secretary of Labor, Appendix A - E and
Attachments 1 and 2.
15. DEBARMENT AND SUSPENSION
The GRANTEE must obtain from its third-party contractors, subcontractors and sub GRANTEE's the
certification required by 49 CFR Part 29.
16. 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 U.S. Department of Transportation (DOT) in connection with this program, DOT has
the right to pursue and impose on the GRANTEE civil and criminal penalties.
17. PROVISIONS AND AMENDMENTS
The GRANTEE agrees that it and its contractors, sub-contractors, employees, and representatives
will comply with all applicable provisions of 49 CFR 48, 49 CFR 110, and any amendment to this
agreement.
18. OTHER
The GRANTEE certifies it is in compliance with Sections 301 and 303 of Emergency Preparedness
and Community Right-to-Know Act (EPCRA):
A. Have a current chemical emergency response plan.
1) Plan is reviewed and updated (if needed) at least annually and
2) Plan includes the following:
a. Identify affected facilities and transportation routes,
b. Describe emergency notification and response procedures,
c. Designate community and facility emergency coordinators,
d. Describe methods to determine the occurrence and extent of a release
e. Identify available response equipment and personnel
f. Outline evacuation plans,
g. Describe training and practice programs and schedules,
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h. Contain methods and schedules for exercising the plan
B. Have an active LEPC whose membership includes (at a minimum):
1) Elected state and local officials
2) Police, fire, civil defense, and public health professionals
3) Environment, transportation, and hospital officials
4) Facility representatives
5) Representatives from community groups and the media
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19. PROJECT OFFICERS
The project officers for this agreement are:
A. For the STATE:
Name: Don Hall
HazMat Preparedness Officer
Technological Hazards Unit
Governor's Division of Emergency Management
Texas Department of Public Safety
Address: PO Box 4087
Austin, Texas
78773-0225
Telephone: (512) 424-2197
Fax: (512) 424-5647
E-mail: don.hall@txdps.state.tx.us
B. For the GRANTEE:
Name: Mr. Rick Ramos
The City of Corpus Christi/Nueces County LEPC
Address: 2406 Leopard St. Suite 300
Corpus Christi, Texas 78408
Telephone: (361) 826-3938
Fax: (361) 826-8053
E-mail: rickr@cctexas.com
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20. SIGNATORY AUTHORITY
The undersigned signatory for GRANTEE 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 executed this
agreement, and that he/she has full and complete authority to enter into this agreement on behalf of
the GRANTEE.
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
Governor's Division of Emergency Management
Approved as to Funding
~.~
FOR THE GRANTEE
City of Corpus Christi
Name of Jurisdiction
i
BY: ~b/
A thorized Signature
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SECRETARY
(Authorized Signature) Chief of Finance, Texas Department
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Contract Number 09-DEM-LEPC-001
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APPENDEX A
COMBINED ASSURANCES
Grantees should refer to the regulations cited below to determine the certification to which they are
required to attest. Grantees should also review the instructions for certification included before
completing this form. Signatures of this form provides for compliance with certification requirements
under 34 CFR Part 82, "New Restrictions for Drug-Free Workplace (Grants)." The certifications shall be
treated as material representation of fact upon which reliance will be placed when the Agency
determines to award the covered transaction, grant, or cooperative agreement.
LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82,
Sections 82.105 and 82.110, the Grantee certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, 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 the making of any Federal grant, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting 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 grant or cooperative agreement, the undersigned
shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions;
(c) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all subrecipients shall certify and
disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part
85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections
85.105 and 85.110 -
B. The Grantee certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within athree-year period preceding this agreement 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;
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(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 (2)(b) of this certification; and
(d) Have not within athree-year period preceding this agreement had one or more public
transaction (Federal, State, or local) terminated for cause or default; and
C. Where the Grantee is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this agreement.
3. DRUG-FREE WORKPLACE
As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F,
for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610 -
A. The Grantee certifies that it will or will continue to provide adrug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees about
1) The dangers of drug abuse in the workplace;
2) The grantee's policy of maintaining adrug-free workplace;
3) Any available drug counseling, rehabilitation, and employee assistance programs; and
4) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will:
1) Abide by the terms of the statement; and
2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position title, to
the address provided in the agreement instructions. Notice shall include the identification
number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted:
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1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
2) 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;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
B. The grantee may insert in the space provided below the site(s) for the performance of work
done in connection with the specific grant:
PLACE OF PERFORMANCE
(Street Address, City, County, State, Zip Code)
i~ ~,~eo~1~Yd, Sv~~~P .~Do Gor~,sCl~r,Sf.~.Nue~~S~, le-1~/1S 7~S~f6~
(Street Ad~) (City, County, State, Zip Code)
As the duly authorized representative of the grantee, I hereby certify that the grantee will comply with
the above certifications.
Citv of Corpus Christi/Nueces County LEPC ~ ~~ ~y~ I-}oo(~s . GEPC /,LiA; ~~~''ySo~
(Name of LEPC Gr~ant,,/Recipient) (Printed Name and Title of Authorized Official)
~ri'~lll~ i 3 ^ ! L ~ ~ ~
(Signature of Authorized Official) (Date)
Contract Number 09-DEM-LEPC-001
Page 61 of 62
APPENDIX B
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
The Citv of Corgus Christi/Nueces County LEPC (Grant Recipient) (hereinafter referred to as the
"Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from
the Department of Transportation through the Governor's Division of Emergency Management 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 through the Governor's Division of Emergency Management, and HEREBY GIVES
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 gives 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 21.23(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 Stat. 252, 42
U.S.C. 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 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 C 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 for the 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, 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.
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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 consideration 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 whose
signatures appear below are authorized to sign this assurance on behalf of the Recipients.
City of Corpus Christi/Nueces Countv LEPC
(Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official)
(Signature of Authorized Official)
~~-a
(Date)
Contract Number 09-DEM-LEPC-001
Page C1 of C2
APPENDIX C
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
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:
1. Compliance with Regulations: 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.
2. Nondiscrimination: The contractor, with regard to the work preformed 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 procurements 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 Subcontractors, Including Procurements 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 reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the
Statelferritory/Native American Tribe of Texas or the Pipeline and Hazardous Materials Safety
Administration (PHMSA) to be pertinent to ascertain compliance with such Regulations, orders
and instructions. Where any 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
Citv of Corpus Christi/Nueces Countv LEPC or the Pipeline and Hazardous Materials Safety
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 Citv of Corpus Christi/Nueces Countv LEPC
shall impose contract sanctions as it or the Pipeline and Hazardous Materials Safety
Administration may determine to be appropriate, including, but not limited to:
(a) 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.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)
through (li) in every subcontract, including procurements of materials and leases of equipment,
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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
Pipeline and Hazardous Materials Safety Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance: Provided, however, that in 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 City of Corpus Christi/Nueces Countv LEPC and, in
addition the contractor may request the United States to enter into such litigation to protect the
interest of the United States.
City of Corpus Christi/Nueces Countv LEPC R ~~~~ ~,~~ ~po ~S ~~~~ Cti~iY~,a/S o~
(Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official)
3-/2- ~~
(Signature of Authorized Official)
(Date)
Contract Number 09-DEM-LEPC-001
Page D1 of D2
APPENDIX D
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments
entered into by the Citv of Corpus Christi/Nueces Countv LEPC .
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 operated 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 non discrimination covenants, Citv of Corpus Christi/Nueces
County LEPC 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, City of Corpus
Christi/Nueces Countv LEPC 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 Citv of Corpus Christi/Nueces Countv LEPC and it's assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered
into by City of Corpus Christi/Nueces County LEPC.
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 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
Contract Number 09-DEM-LEPC-001
Page D2 of D2
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.
[Include in licenses, leases, permits, etc.]*
That in the event of breach of any of the above nondiscrimination covenants, Citv of Corous
Christi/Nueces Countv LEPC shall have the right to terminate the [license, lease, permit, etc.] and to
re-enter and repossess aid 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, Citv of Corpus
Christi/Nueces Countv LEPC have the right 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.
Citv of Corpus Christi/Nueces Countv LEPC R,'~,f~y~ i-l-aaKS~ Li`i~L ~'/~A,~rrO.rYSo.V
(Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official)
3-tz-r 9
(Signature of Authorized Official) (Date)
Contract Number 09-DEM-LEPC-001
Page E1 of E3
APPENDIX E
ASSURANCES -NON-CONSTRUCTION PROGRAMS
NOTE: Certain of these assurances may not be applicable to your projector program. If you have
questions, please contact the awarding agency.
As the duly authorized representative of the GRANTEE, I certify that the GRANTEE:
1. Has the legal authority to apply for Federal
financial capability (including funds sufficient
ensure proper planning, management anc
application.
assistance and the institutional, managerial and
to pay the non-Federal share of project cost) to
completion of the project described in this
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate,
the State, through any authorized representative, access to and the right to examine all records,
books, papers, or documents related to the award; and will establish a proper accounting
system in accordance with generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating
to prescribed standards for merit systems for programs funded under one of the 19 statutes or
regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination
on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972,
as amended (20 U.S.C.§§1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794),
which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975,
as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of
the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and, Q) the
requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose property is acquired as a
Contract Number 09-DEM-LEPC-001
Page E2 of E3
result of Federal orfederally-assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-
7328) which limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to
276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours
and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-
assisted construction sub-agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P. L. 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following:
(a) institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation
of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project
consistency with the approved State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended (P. L. 93-523); and, (h) protection of
endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of 1974
(16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.
§§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.)
which prohibits the use of lead-based paint in construction or rehabilitation of residence
structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the
Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local
Governments, and Non-Profit Organizations."
Contract Number 09-DEM-LEPC-001
Page E3 of E3
18. Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations, and policies governing this program.
Citv of Corous Christi/Nueces Countv LEPC
r~~PG ~'~AIY
(Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official)
of Authorized Official)
--/2-
(Date)
Contract Number 09-DEM-LEPC-001
ATTACHMENT1
Page 1.1 of 1.7
GENERAL TERMS AND CONDITIONS
The "GRANTEE" agrees to comply with the conditions applicable to this Agreement as set forth in this
document.
ACCOMPLISHMENT OF THE AGREEMENT.
1.1 General Requirements. The GRANTEE must commence, carry out, and complete the
Agreement with all practicable dispatch, in a sound, economical, and efficient manner, and in
accordance with the terms of this document and all applicable laws, regulations, project or program
schedules, and published policies. The terms of 49 CFR Part 18, "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments," apply to this
Agreement.
1.2 Compliance with Federal, State, and Local Law. In performing its obligations under
this Agreement, the GRANTEE agrees to comply with all applicable provisions of Federal, State, and
local laws, regulations, and DOT directives. The GRANTEE understands and agrees that Federal laws,
regulations, policies, and related administrative practices in force and made applicable to this
Agreement on the date of execution may be modified, and that the most recent of such provisions will
govern administration of this Agreement, except if there is sufficient evidence in the Agreement of a
contrary intent. Likewise, new Federal laws, regulations, policies and administrative practices that are
established after the date of execution may be applied to this Agreement. All limits or standards set
forth in this Grant are minimum requirements. If there is a conflict between Federal and State or local
requirements, the GRANTEE must inform STATE in order that an appropriate resolution may be
arranged.
1.3 Cost Principles. A GRANTEE must use program funds only for expenditures incurred
for approved activities in accordance with the Agreement Instructions, and the cost principles of OMB
Circular A-87, Revised, which are incorporated by reference in 49 CFR Part 18.
DELIVERABLES.
2.1 Published Materials. If the Performing Party publishes materials that have been
prepared with grant funds, the GRANTEE must provide STATE and DOT reprints of the publication at
no cost to STATE and DOT. The GRANTEE must acknowledge any publication based on work
supported by this Agreement essentially as follows:
"Publication of material was supported by the U. S. Department of Transportation, Pipeline and
Hazardous Materials Safety Administration, Grant No. HMETX7014150. "
3 COPYRIGHTABLE WORK. If the Agreement results in a book or other copyrightable work, the
GRANTEE or author may copyright the work, provided that the GRANTEE or author provides STATE
and DOT aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use
the work, and to authorized others to do so, as set forth in Section 8 below.
4 CHANGED CONDITIONS OF PERFORMANCE (Including Litigation). The GRANTEE must
immediately notify the STATE and DOT of any change in local law, conditions, or any other event,
including any litigation challenging the validity of or seeking interpretation of any Federal law or
regulation applicable to the Federal Hazardous Materials Transportation program, which may
significantly affect the GRANTEE'S ability to perform the program in accordance with the terms of this
Agreement. In addition, the GRANTEE must immediately notify the STATE of any decision pertaining
to the GRANTEE's conduct of litigation that may affect STATE interests in the program or STATE
Contract Number 09-DEM-LEPC-001
Page 1.2 of 1.7
administration or enforcement of applicable Federal laws or regulations. Before the GRANTEE joins (as
a third party) in litigation that affects STATE or DOT interests in the program, or STATE or DOT
Administration or enforcement of applicable Federal laws or regulations, the GRANTEE must first
inform STATE and DOT.
5 ACCOUNTING RECORDS.
5.1 Funds Received or Made Available forthe Agreement
5.1.1 Allowable Costs. STATE will reimburse as allowable costs expenditures made by
the GRANTEE to the extent that they meet all of the following requirements.
Expenditures must:
5.1.1.1 Be made in conformance with the program budget and all other
provisions of this Agreement;
5.1.1.2 Be necessary to accomplish the program objectives;
5.1.1.3 Be reasonable in amount for the goods or services purchased;
5.1.1.4 Be actual net costs to GRANTEE (i.e., price paid minus any
refunds, rebates, or other value received by the GRANTEE that
have the effect of reducing the cost actually incurred, excluding
program income as defined in OMB Circular A-87, Revised);
5.1.1.5 Be incurred (and be for work performed) after the date of this
Agreement, unless specific authorization from STATE to the
contrary is received;
5.1.1.6 Be in conformance with the standards for allowability of costs set
forth in OMB Circular A-87, Revised;
5.1.1.7 Be satisfactorily documented; and
5.1.1.8 Be treated uniformly and consistently under accounting principles
and procedures approved or prescribed by the STATE
5.2 Audit and Inspection.
5.2.1 The GRANTEE must permit the STATE, Secretary and the Comptroller General
of the United States, or any of their duly authorized representatives to inspect all
work, materials, payrolls, and other data and records that pertain to the program,
and to audit the books, records, and accounts of the GRANTEE that pertain to
the Agreement.
5.2.2 The GRANTEE is responsible for meeting the audit requirements of OMB
Circular A-128, or any revision or supplement to the circular.
5.2.3 Closeout of the Agreement will not alter the GRANTEE'S audit responsibilities.
Contract Number 09-DEM-LEPC-001
Page 1.3 of 1.7
6 EQUAL EMPLOYMENT OPPORTUNITY
6.1 In carrying out the approved program, the GRANTEE will not discriminate against
any employee, applicant for employment, fellow or scholarship recipient because of race, color, age,
creed, sex, sexual orientation, or national origin.
6.2 The GRANTEE will take steps to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, age, creed, sex, or
national origin. There shall be no discrimination in actions such as employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
6.3 The GRANTEE agrees to post in conspicuous places, available to employees,
applications for employment, names of students, fellows and recipients of scholarships, fellowships and
assistantships, and notices setting forth the provisions of this Equal Opportunity clause.
6.4 The GRANTEE must send to each labor union or representative of workers with
which it has a collective bargaining or other agreement or understanding, a notice, advising the labor
union or workers' representative of the GRANTEE's commitments under this Equal Opportunity clause
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
6.5 The GRANTEE must 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.
6.6 The GRANTEE must furnish all information and reports required by Executive Order
No. 11246 (September 24, 1965), or by the rules, regulations, and orders of the Secretary of Labor.
The GRANTEE must also permit STATE, DOT, and the Secretary of Labor access to the GRANTEE'S
books, records and accounts for STATE, DOT, and the Labor Secretary to determine the GRANTEE's
compliance with the Executive Orders, rules and regulations.
6.7 If the GRANTEE does not comply with the Equal Opportunity provision of this
Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled,
terminated, or suspended, in whole or in part, and the GRANTEE may be declared ineligible for further
Federal Grants, Cooperative Agreements, or Agreements.
6.8 The GRANTEE must include the provisions of TITLE VI of the Civil Rights Act of 1964
in every sub-agreement or purchase order, unless exempted by the Secretary of Labor, so that such
provisions will be binding upon each sub-grantee or sub-contractor. The GRANTEE must take such
action with respect to any sub-agreement or purchase order as DOT or the STATE may direct as a
means of enforcing such provisions, including sanctions for noncompliance. However, if the GRANTEE
becomes involved in, or is threatened with, litigation with asub-grantee or sub-contractor as a result of
such direction by DOT, the Grantee may request DOT to enter into such litigation to protect the
interests of DOT.
6.9 Compliance with Title VI of the Civil Rights Act of 1964. The GRANTEE must comply
with Title VI of the Civil Right Act of 1964 (42 U.S.C. § 2000d), with DOT regulations entitled,
"Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation
of Title VI of the Civil Rights Act of 1964," 49 C.F.R. Part 21, and any other applicable regulations.
Contract Number 09-DEM-LEPC-001
7 PATENT RIGHTS.
Page 1.4 of 1.7
7.1 The patent rights clause of Attachment A of OMB Circular No. A-124, (implementing
the Patent and Trademark Amendments of 1980, 35 D.S.C. § 200 et. seq.) and any subsequent
amendments will apply, when the purpose is to perform experimental, development, or research work.
7.2 The GRANTEE must notify the STATE promptly if any patentable invention(s) (i.e.,
processes, compositions of matter, or items thought to be new) is produced in the course of work done
under this Agreement. Except as stated in 37 CFR 401.3(a), the GRANTEE's given the right to retain
title to any patents issued for work performed under this Agreement.
8 COPYRIGHTS.
8.1 Except as otherwise provided in the terms and conditions of this agreement, the
author or the GRANTEE may copyright any books, publications, or other copyrightable materials
developed in the course of or under this Agreement. However, the STATE and DOT reserves aroyalty-
free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize
others to use the work for State or Federal Govemment purposes.
9 The GRANTEE must not incorporate material copyrighted by others into any work product
delivered under this Agreement unless it has acquired for the STATE and DOT aroyalty-free,
nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to
use the work for Government purposes.
9.1 The GRANTEE may arrange for publication of initial reports of original research,
supported in whole or in part by Agreement funds, in primary scientific journals and copyright by the
journal unless the journal's copyright policy would preclude individuals from making or having made by
any means available to them, without regard to the copyright of the journal and without royalty, a single
copy of any such article for their own use.
10 RIGHTS IN DATA.
10.1 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 and 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.
10.1.1 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.
10.1.2 The term does not include financial reports, costs analyses, and similar
information incidental to program administration.
10.2 With respect to all subject data first produced in the performance of this
Agreement, STATE and DOT reserves aroyalty-free, nonexclusive and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for State and Federal Government
purposes:
10.2.1 Any work developed under this Agreement, irrespective of whether or not a
copyright has been obtained; and
Contract Number 09-DEM-LEPC-001
Page 1.5 of 1.7
10.2.2 Any rights of copyright to which the GRANTEE purchases ownership with DOT
assistance.
10.3 When DOT provides assistance to the STATE 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 STATE and GRANTEE
that have received assistance to support research, financed under the Federal Hazardous Material
Transportation Law (49 U. S. C. Section 5101 et. seq.), understand and agree that, in addition to the
rights set forth in Subsection 10.2 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 or a copy of the "subject data" first
produced under this Agreement.
10.4 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.
10.5 Subsections 10.2 through 10.3 of this document are not applicable to material
furnished to the GRANTEE, via the STATE, by DOT and incorporated in the work furnished under the
Agreement, provided that the GRANTEE identifies the incorporated material when the work is
delivered.
10.6 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 10.1 of this Agreement and must be delivered as STATE or DOT may direct.
10.7 The. requirements of Subsections 10.1 through 10.6 of this documents must be
included in all sub-contracts, third party contracts of the GRANTEE under this program.
11 PRIVACY. Should the STATE, or the GRANTEE, or their employees administer any system of
records on behalf of DOT, the Privacy Act of 1974, 5 U.S.C. § 552a (the Act), imposes information
requirements on the party administering the system of records.
11.1 When the Agreement involves the operation of a system of records on individuals
to accomplish a DOT function, the STATE and the GRANTEE, and their employees involved in the
function are considered, for purposes of the Privacy Act, to be DOT employees with respect to the DOT
function. The requirements of the Act, including the civil and criminal penalties for violations of the Act,
apply to those individuals involved. Failure to comply with the Privacy Act or this Section 11 subjects
this Agreement to termination.
11.2 Definitions. As used in Section 11:
11.2.1 "Operation of a system of records" means performance of any of the activities
associated with maintaining the system of records on behalf of DOT including the
collection, use and dissemination of records.
11.3 "Records" means any item, collection, or grouping of information about an individual
that is maintained by the GRANTEE or STATE on behalf of DOT including, but not limited to, his or her
education, financial transactions, medical history, and criminal or employment history and that contains
his or her name, or the identifying number, symbol, or other identifying particular assigned to the
individual, such as a finger or voice print or a photograph.
Contract Number 09-DEM-LEPC-001
Page 1.6 of 1.7
11.3.1 "System of records" on individuals means a group of any records under the
control of the STATE or the GRANTEE on behalf of DOT from which information
is retrieved by the name of the individual or by some identifying number, symbol
or other identifying particular assigned to the individual.
11.4 The GRANTEE agrees:
11.4.1 To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. § 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 subcontractors, or their employees to
accomplish a DOT function;
11.4.2 To notify DOT when the GRANTEE-, its subcontractors, 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 subcontractors, 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;
11.4.3 To include in every solicitation and in .every third-party Agreement, when the
performance of work under that proposed third-party Agreement may involve the
design, development, or operation of a system of records on individuals to be
operated under that third-party Agreement or to accomplish a DOT function, a
Privacy Act notification informing the third-party subcontractors 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.S.C. § 552a,
and applicable DOT regulations, and that a violation of the Act may involve the
imposition of criminal penalties; and
11.4.4 To include the text of Subsections 11.4.1 through 11.4.3 in all third-party
contracts, 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.
12 DRUG-FREE WORKPLACE REQUIREMENTS. The GRANTEE agrees to comply with DOT
regulations, "Drug-Free Workplace Requirements (Grants)," 49 C.F.R. Part 29, Subpart F, and to
submit the required certification.
13 DEBARMENT AND SUSPENSION.
13.1 The GRANTEE must furnish the certification required by DOT regulations,
"Government Debarment and Suspension (Non-procurement)" (49 CFR Part 29) .
13.2 The GRANTEE must obtain from its third-party contractors, subcontractors the
certification required by 49 CFR Part 29.
Contract Number 09-DEM-LEPC-001
Page 1.7 of 1.7
14 RECORDS.
14.1 The GRANTEE must maintain records for this Agreement to comply with 49 CFR §
18.42. Sections 18.42 provides that the GRANTEE must for 3 years retain financial
records, supporting documents, statistical records, records for non-expendable property,
and all other records pertinent to this Agreement.
14.2 Records associated with any litigation, claim or audit started before the expiration of the
3-year period, must be retained until all litigation, claims or audit findings involving the
records have been resolved.
Contract Number 09-DEM-LEPC-001
Page 2.1 of 2.4
ATTACHMENT 2
§ .14 State of Texas Assurances
(a) Scope. In addition to federal requirements, state law requires a number of assurances from applicants
for federal pass-through or other state-appropriated funds. An attempt has been made below to list
major state and federal assurances. Generally. not all of these assurances will be required for any
The legal instrument for awarding state funds must be consistent with the standards prescribed
herein; however, these standard conditions or assurances may be incorporated into contracts
or grant agreements by reference rather than by being reproduced in their entirety.
(t) RELATIVES. A subgrantee must comply with Texas Government Code, Chapter 573, by ensuring
that no officer, employee, or member. of the applicant's governing body or of the applicant's contractor
shall vote or confirm the employment of any person related within the second degree of affinity or the
third degree of consanguinity to any member of the governing body or to any other officer or employee
authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a
person who shall have been continuously employed for a period of two years, or such other period
stipulated by local law, prior to the election or appointment of the officer, employee, or governing body
member related to such person in the prohibited degree.
(2) PUBLIC INFORMATION. A subgrantee must insure that all information collected, assembled, or
maintained by the applicant relative to a project will be available to the public during normal business
hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited
by law.
(3) OPEN MEETINGS. A subgrantee must comply with Texas Government Code, Chapter 551, which
requires all regular, special, or called meetings of governmental bodies to be open to the public, except
as otherwise provided by law or specifically permitted in the Texas Constitution.
(4) CHILD SUPPORT PAYMENTS. A subgrantee must comply with Section 231.006, Texas Family
Code, which prohibits payments to a person who is in arrears on child support payments.
(5) HEALTH. HUMAN SERVICES. PUBLIC SAFETY OR LAW ENFORCEMENT AGENCY. If the
subgrantee is a health, human services, public safety, or law enforcement agency, it will not contract
with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the
license, permit, or certificate has been revoked by another health and human services agency or public
safety or law enforcement agency.
(6) LAW ENFORCEMENT AGENCY. If the subgrantee is a law enforcement agency regulated by
Texas Occupations Code, Chapter 1701, it must be in compliance with all rules adopted by the Texas
Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas
Occupations Code or must provide the grantor agency with a certification from the Texas Commission
on Law Enforcement Officer Standards and Education that the agency is in the process of achieving
compliance with such rules.
(7) ADMINISTRATION. When incorporated into a grant award or contract, standard assurances
contained in the application package become terms or conditions for receipt of grant funds.
Administering state agencies and local subrecipients shall maintain an appropriate contract
Contract Number 09-DEM-LEPC-001
Page 2.2 of 2.4
administration system to insure that all terms, conditions, and specifications are met. (See Section
- 36 for additional guidance on contract provisions).
(8) SUSPECTED CHILD ABUSE. A subgrantee must comply with the Texas Family Code, Section
261.101, which requires reporting of all suspected cases of child abuse to local law enforcement
authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees
shall also ensure that all program personnel are properly trained and aware of this requirement.
9) NONDISCRIMINATION. Subgrantees will comply with all federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P. L.
88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans
with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-
6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act
of 1972 (P. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970
(P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII
of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and Q) the requirements of any
other nondiscrimination statute(s) which may apply to the application.
(10) LABOR STANDARDS. Subgrantees will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and
the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards
for federally assisted construction subagreements.
(11) DISPLACED PERSONS. Subgrantees will comply with requirements of the provisions of the
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide
for fair and equitable treatment of persons displaced or whose property is acquired as a result of
Federal or federally assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
(12) POLITICAL ACTIVITY. Subgrantees will comply with the provisions of the Hatch Political Activity
Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment
activities are funded in whole or in part with Federal funds.
(73) LABOR FAIR STANDARDS ACT. Subgrantees will comply with the minimum wage and
maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
(14) EPA VIOLATING FACILITIES. Subgrantees will insure that the facilities under its ownership,
lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the
Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal
grantor agency of the receipt of any communication from the Director of the EPA Office of Federal
Activities indicating that a facility to be used in the project is under consideration for listing by the EPA
(EO 11738).
Contract Number 09-DEM-LEPC-001
Page 2.3 of 2.4
(15) FLOOD INSURANCE. Subgrantees will comply with the flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a)
requires the purchase of flood insurance in communities where such insurance is available as a
condition for the receipt of any Federal financial assistance for construction or acquisition proposed for
use in any area that has been identified by the Secretary of the Department of Housing and Urban
Development as an area having special flood hazards.
(16) ENVIRONMENTAL STANDARDS. Subgrantees will comply with environmental standards which
may be prescribed pursuant to the following: (a) institution of environmental quality control measures
under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
(b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved state management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear
Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C.
§§7401 et seq.); (g) protection df underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P. L. 93-205).
(17) WILD AND SCENIC RIVERS. Subgrantees will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the
national wild and scenic rivers system.
(18) HISTORIC PRESERVATION. Subgrantees will assist the awarding agency in assuring
compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C.
§470), EO 11593 (identification and protection of historic properties), and the Archaeological and .
Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
(19) ANIMAL TREATMENT. Subgrantees will comply with the Laboratory Animal Welfare Act of 1966
(P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or other activities supported by this award of
assistance.
(20) LEAD-BASED PAINT. Subgrantees will comply with the Lead-Based Paint Poisoning Prevention
Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or
rehabilitation of residential structures.
(21) SMOKING PROHIBITION. Subgrantees will comply with Public Law 103-277, also known as the
Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for
the provision of services for children as defined by the Act.
(22) TAXES. Subgrantees will comply with all federal tax laws and are solely responsible for filing all
required state and federal tax forms.
(23) COMPLIANCE WITH REQUIREMENTS. Subgrantees will comply with all applicable requirements
of all other federal and state laws, executive orders, regulations, and policies governing this program.
(24) INELIGIBLE APPLICANTS. The applicant certifies that is and its principals are eligible to
participate and have not been subjected to suspension, debarment, or similar ineligibility determined by
any federal, state, or local governmental entity and it is not listed on a state or federal government's
terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement
are listed at htto://www.eDls.oov.
Contract Number 09-DEM-LEPC-001
Page 2.4 of 2.4
(25) HIV/AIDS. Subgrantees must adopt and implement applicable provisions of the model HIV/AIDS
work place guidelines of the Texas Department of Health as required by the Texas Health and Safety
Code, Ann., Sec. 85.001, et seq.
City of Corpus Christi/Nueces Countv LEPC
(Name of LEPC Grant Recipient)
ifFY~ )-1-06K5 . ,!, tY'C C/nA~Y/,i-?Y$d.J
(Printed Name and Title of Authorized Official)
iz-off'
(Signature of Authorized Official)
(Date)
Contract Number 09-DEM-LEPC-001
ATTACHMENT3
HMEP PLANNING GRANT
PROGRESS REPORT
LEPC: City of Corpus Christi/Nueces Countv
1. For the period of:
2. Project Progress During the Period:
3. Problems Impeding Project & Actions Taken to Resolve Those Problems:
4. Planned Project Work for the Next Month:
5. Estimated Project Completion Date:
Citv of Corpus Christi/Nueces Countv LEPC
(Name of LEPC Grant Recipient) (Printed Name and Title of Project Officer)
(Signature of Project Officer) (Date)
Instructions for filling out the Progress Report.
1. For the period of.'
• First Report (January -March) Due to the STATE by 30"' of April.
• Second Report (April -June) Due to the STATE by 30th of July.
2.Project Progress: Should include a description of the work that has been pertormed, major
purchases, if any, and an estimate of the percent of the project completed to date. For projects that
involve multiple tasks, discuss each project independently. Indicate which tasks, if any, are
complete.
3. Problems: Describe any problems that have or may interfere with completing this project, on time,
and what if anything has been or can 6e done to resolve these problems.
4. Planned Work: Include a description of planned work to be pertormed, major purchases planned, if
any for the upcoming reporting period. For projects that involve multiple tasks, discuss each.
5. Must be August 31 or eadier.
Contract Number 09-DEM-LEPC-001
.. ~ ~ ~, r,
Page 1 of 1
ATTACHMENT4
HMEP PLANNING GRANT
FINANCIAL REPORT
LEPC: Citv of Corpus Christi/Nueces Countv
Fiscal agent: Citv of Corpus Christi
For the period of:
1. Project Cost (from Grant Agreement, Section 4A) $
2. State Share (from Grant Agreement, Section 46) $
a. State reimbursement (Previously submitted) total $
b. State Share Request this report $
c. State Share balance (Line 2 - [2a + 2b]) $
3. Local Match Share (from Grant Agreement, Section 4C) $
a. Local Match Share (Previously submitted) total $
b. Local Match Share this report $
c. Local Match balance (Line 3 - [3a + 3b]) $
4. Invoices/receipts or other expenses attached for reimbursement this report.
Expense/Company
Invoice/recei t from: Date of Invoice/
recei t Amount of Invoice/
recei t What was purchased
City of Corpus Christi
(Name Fiscal Agent) (Printed Name and Title of Fiscal Agent Representative)
(Signature of Fiscal Agent Representative) (Date)
• Local match may be a cash match or a soft match (see item 4 G(2)) for information on soft match.
• 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.
• If the LEPC Match is not equal to 20% or more of the total funds expended to date, then the state
share will be adjusted or remittance maybe withheld until LEPC Match equals 20%.
Contract Number 09-DEM-LEPC-001