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Home My WebLink AboutC2009-476 - 10/27/2009 - ApprovedSUBRECIPIENT GRANT AGREEMENT GLO CONTRACT No.10-055-000-3751 COASTAL MANAGEMENT PROGRAM -CYCLE 14 This subrecipient grant agreement ("Contract") is entered into by and between the GENERAL LAND OFFICE ("GLO"), a State agency, and the CITY OF CORPUS CHRISTI, TEXAS ("subrecipient"). subrecipient has applied for Texas Coastal Management Program ("CMP") Cycle 14 grant funds, to be made available to the State of Texas by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration ("NOAA"), pursuant to the Federal Coastal Zone Management Act of 1972, 16 United States Code Section 1451, et seq., NOAA Award No. NA09NOS4190165 ("Grant"). The Grant funds are limited to use for implementation of a coastal zone management project ("Project") under the CMP, administered by the GLO (as Coastal Zone Management Awards, CFDA #11.419) pursuant to Texas Natural Resources Code Sections 33.052 and 33.204, in coordination with the Coastal Coordination Council. I. DEFINITIONS /INTERPRETIVE PROVISIONS 1.01 DEFINITIONS "Administrative and Audit Regulations" means the statutes and regulations included in Title 43, Code of Federal Regulations; Chapter 321 of the Texas Government Code; Subchapter F of Chapter 2155 of the Texas Government Code; and the requirements of Article VIII herein. With regard to any federal funding, agencies with the necessary legal authority include: the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of Inspector General, and any of their authorized representatives. In addition, state agencies with the necessary legal authority include, but are not limited to: the GLO, the GLO's contracted examiners, the State Auditor's Office, and the Texas Attorney General's Office. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the execution page or included by reference, as if physically, within the body of this Contract. "Contract" means this entire document, along with any Attachments, both physical and incorporated by reference. "T~~''-'~°--'-' -" ans any report, data, document, photograph, or other submission 2009-476 Bred under the terms of this Contract, in whatever form. Res. 028383 GLO Contract No.10.055-000-3751 10/27/09 Page 1 of 22 General Land Office "Equipment" is defined as tangible personal property having a useful life of more than one (1) year, and an acquisition cost of FrvE Txous~vn DOLLARS ($5,000.00) or more per unit. "Federal Assurances" means Standazd Form 424B (Rev. 7-97), as prescribed by OMB Circular A-102 (non-construction projects); or Standard Form 424D (Rev. 7-97), as prescribed by OMB Circulaz A-102 (construction projects), in Attachment F, attached hereto and incorporated herein for all purposes. "Federal Certifications" means U.S. Department of Commerce Form CD-512 (7-91) LF, "Certifications Regazding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions and Lobbying," in Attachment G, attached hereto and incorporated herein for all purposes. "Fiscal Year" means the period beginning September 1 and ending August 31 each yeaz, which is the annual accounting period for the State of Texas. "GAAP" means "generally accepted accounting principles." "GASH" means the Governmental Accounting Standards Boazd. "GLO" means the Texas General Land Off ce, its officers, employees, and designees. "Grants Administrator" means the GLO staff member responsible for administering this Grant, Melissa Porter, GLO Coastal Resources Division (512.475.1393 or melissa.porter@glo.state.tx.us), or her designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/ "Project" means the activities involved in the "Oso Bay Wetland Preserve -Property Acquisition," described in Section 2.01 and detailed in the Work Plan in Attachment A of this Contract. "Prompt Pam" means Chapter 2251, Subtitle F of Title 10 of the Texas Government Code. "Public Information Act" means Chapter 552 of the Texas Government Code. "State of Texas Textravel" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. GLO Contract No. 10-055-000-3751 Page 2 of 22 "Subcontractor" means an individual or business that signs a contract to perform part or all of the obligations of Subrecipient under this Contract. "Subrecipient" means the City of Corpus Christi, Texas, selected to accomplish the Project under this Contract. "Work Plan" means the methodology, means, and manner in which the Project shall be accomplished, as detailed in Attachment A of this Contract. 1.OZ INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. (b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, attachment, work order, or schedule of this Contract unless otherwise specified. (c) The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. (d) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract. (e) All attachments within this Contract, including those incorporated by reference, and any amendments are considered part of the terms of this Contract. (f) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms. (g) Unless otherwise expressly provided, reference to any action of the GLO or by the GLO by way of consent, approval, or waiver shall be deemed modified by the phrase "in its/their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed. (h) Time is of the essence in this Contract. GLO Contract No. 10-055-000-3751 Page 3 of 22 II. PROJECT REQUIREMENTS 2.01 WORK PLAN The Project shall strictly conform to the work plan and special conditions contained in Attachment A, the Work Plan. Deliverables and due dates included in the Work Plan may be amended by the Grants Administrator upon submission of a written request and detailed justification by Subrecipient to the address listed and in the manner described in Section 10.07 of this Contract. 2.02 PROGRESS REPORTS Subrecipient shall submit monthly progress reports that must be received by the GLO on or before the 10th day of each calendar month during the term of this Contract, commencing December 10, 2009 ("Progress Reports"). Progress Reports must be submitted in Word or WordPerfect format via email to the Grants Administrator on the Progress Report form, a sample of which is attached hereto as Attachment B. The Progress Report form maybe downloaded at: http://www.glo.state.tx.us/coastaUgrants/sub recipient.html All Progress Reports shall include: (a) a brief statement of the overall progress of each task identified on the Work Plan since the last progress report; (b) a brief description of any problems that have been encountered during the previous reporting period that will affect the Work Plan, delay the completion of any portion of this Contract, or inhibit the completion of or cause a change in any of-the Work Plan objectives; (c) a description of any action Subrecipient plans to undertake to correct any problems that have been encountered; and (d) a status report on the Budget, as defined in this Contract. Any request for change of work and scope from the originally awarded project must be approved by both the Grants Administrator and NOAA, and may cause delays in the progress of the Project. All requests for changes must be submitted in writing, and must include justification of actions. Any costs incurred while waiting for approval of the requested changes are the responsibility of Subrecipient. The GLO will inform Subrecipient upon final approval or denial of the request for changes. In addition, Subrecipient must submit a Project closeout form to the GLO Grants Administrator upon completion of the Project. The closeout from may be found at http://www.glo.state.tx.us/coastaUgrants/subrecipient.html. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 10-055-000-3751 Page 4 of 22 2.03 DELIVERABLES Subrecipient shall deliver to the GLO two (2) complete paper copies, together with one (1) electronic copy, in portable document format (.pdf) on a compact disk, of each of the deliverables set forth in the Work Plan, in the time and manner prescribed therein. The GLO may require Subrecipient to conform any data presentation or products funded under this Contract to reflect GLO comments. Deliverable due date flexibility may be allowed by the GLO, to the extent that the revision to the deliverable due date does not extend past the term of the Contract. 2.04 GEOGRAPHIC INFORMATION SYSTEMS Data, databases, and products associated with electronic Geographic Information Systems (GIS) that have been collected, manipulated, or purchased with CMP grant funds and/or local match funds will be subject to all applicable terms of the Texas Geographic Information Standards of the Texas Geographic Information Council (TGIC) and Texas Administrative Code (TAC) Section 201.6, Planning and Management of Information Resources Technologies, Geographic Information Standards. The Geographic Information Standards Rule is available on the World Wide Web at: www.dir.state.tx.us/tgic/pubs/pubs.htm or by writing to Department of Information Resources (DIR), PO Box 13564, Austin, TX, 78711, or via email to michael.ouimet@dir.state.tx.us. 2.05 TRANSFER OF DATA Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased with funds from- this Contract MUST be documented as specified in the Federal Geographic Data Committee (FGDC) document Content Standard for Digital Geospatial Metadata, version 2 (FGDC-STD-001-1998) or later. The federal metadata standard is available on the World Wide Web at: www.fgdc.gov/metadata/csdgm. Metadata must be submitted in HTML, XML or ASCII text formats. 2.06 FORMAT Although many Texas state agencies, including the GLO, have adopted Environmental Systems Research Institute, Inc. (ESRI) software products as in-house GIS software, this is NOT an endorsement of these, or any other, products. However, any electronic spatial data collected, manipulated, or purchased with CMP grant funds and/or local match funds shall be transferred in amutually-acceptable GIS format, along with corresponding metadata (see above). Non-spatial data deliverables (reports, tables, databases, spreadsheets, images) must be delivered in Acrobat PDF, MS Office, WordPerfect, dBase (.dbf), ASCII, or standard image formats (JPEG, TIFF, GIF, etc.). Acceptable media for delivery include CD-ROMs, DVDs, Zip disks, floppy disks, and external hard drives. 2.07 LAND ACQUISITIONS (a) In the event that private land is to be acquired with grant funds, Subrecipient shall have such land surveyed in the following manner: GLO Contract No. 10-055-000-3751 Page 5 of 22 (1) any parcel of land that (i) does not abut any waters and (ii) is acquired by lot and block may be surveyed by a Registered Professional Land Surveyor . Any survey conducted by a Registered Professional Land Surveyor under this section must be accompanied by certified copies of each subdivision block in which the acquisitions will be located. Subrecipient shall record any and all surveys required under this subsection in the records of the County Surveyor (or the records of the County Clerk if there is no County Surveyor) of the county in which the land is located; and (2) any other parcel of land must be surveyed by a Licensed State Land Surveyor. (b) In the event that a coastal boundary survey is required for the Project, Subrecipient must conduct the coastal boundary survey for the Project site in accordance with Section 33.136 of the Texas Natural Resources Code. For surveys of tracts on or adjacent to Gulf beaches, maps, surveys, and/or profiles shall not delineate or map vegetation, the line of vegetation, or the landward boundary of the public beach. Such maps, surveys, and/or profiles shall also not include any mention of the location of the line of vegetation or the boundary of the public beach. For any work funded in whole or part by CMP funds, vegetation, the line of vegetation, and/or the landward boundary of the public beach can only be mapped, delineated, or described with specific written authorization from the GLO. The coastal boundary survey must contain the following statement: THIS SURVEY DOES NOT, NOR IS IT INTENDED TO BE USED TO, IDENTIFY DELINEATE, OR FIX THE LINE OF VEGETATION OR THE LANDWARD BOUNDARY OF THE PUBLIC BEACH. (c} In addition, Subrecipient shall encumber the land with a conservation easement or a deed restriction, in a form acceptable to the GLO, that will protect the land and its natural resources and preserve the public use and benefit of the land. If Subrecipient chooses to encumber the land with a deed restriction, it must read as follows: THIS PROPERTY MUST BE USED IN PERPETUITY FOR THE PURPOSES FOR WHICH IT WAS ACQUIRED UNDER THE COASTAL MANAGEMENT PROGRAM. IF THE PROPERTY IS EVER SOLD OR USED FOR PURPOSES CONTRARY TO THOSE FOR WHICH IT WAS ACQUIRED THE FEDERAL AWARDING AGENCY MUST BE COMPENSATED IN ACCORDANCE WITH THE UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS (15 C.F.R. PART 24). (d) All appraisals performed in connection with the acquisition of land under this section shall be completed in accordance with the Uniform Appraisal .Standards for Federal Land Acquisitions and the provisions of the CHIP attached Work Plan GLO Contract No. 10-055-000-3751 Page 6 of 22 concerning land acquisitions. THE SURVEY, APPRAISAL, CONSERVATION EASEMENT (IF ANY), AND DEED MUST BE APPROVED BY THE GLO. THE GLO WILL NOT "HOLD" AN EASEMENT OR ACCEPT A THIRD-PARTY RIGHT OF ENFORCEMENT. 2.08 IMPROVEMENTS Prior to any construction undertaken under this Contract, Subrecipient shall deliver to the GLO one (1) copy of the final construction contract documents, including the Project manual containing the technical specifications, and the drawings (collectively the "Contract Documents"). Any construction that will be undertaken with funding from this Contract shall be completed in compliance with the final Contract Documents approved by the GLO, and all applicable codes and standards. Upon completion of construction, Subrecipient shall submit a set of record ("as-built") drawings to document the final construction, as well as photographs of the completed construction, in the final report. Subrecipient may not remove any improvements constructed with funds provided under this Contract, unless the federal awarding agency is compensated in accordance with the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (15 C.F.R. Part 24). 2.09 SIGNAGE During the construction phase of projects. that include construction of facilities or other permanent Improvements, Subrecipient shall provide and erect temporary signs that will contain the following language: CONSTRUCTION OF THIS FACILITY WAS MADE POSSIBLE BY A GRANT UNDER THE COASTAL ZONE MANAGEMENT ACT OF 1972, AS AMENDED, AND AWARDED BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AND ADMINISTERED THROUGH THE COASTAL COORDINATION COUNCIL AND THE TEXAS COASTAL MANAGEMENT PROGRAM. At the completion of the aforementioned projects, Subrecipient shall replace the temporary signs with permanent signs, to be provided by GLO. Permanent signs must also be erected for projects that include land acquisition. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 10-055-000-3751 Page 7 of 22 III. TERM 3.01 DURATION This Contract shall be effective on October 1, 2009, and shall terminate upon completion of the Project or on March 31, 2011, whichever is earlier. Upon receipt of a written request and acceptable justification from Subrecipient, the GLO may extend this Contract for a period not to exceed three (3) months. Any request for extension must be received by the GLO at least forty-five (45) days before the .Contract's original termination date. 3.02 EARLY TERMINATION The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. Upon receipt of any such notice, Subrecipient shall cease work, undertake to terminate any relevant subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the parties, accrued up to the date of termination. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 10-055-000-3751 Page 8 of ZZ IV. GRANT FUNDS 4.01 CONTRACT LIMIT, FEES, AND EXPENSES (a) Subject to the Grant and the terms and conditions of this Contract, the GLO agrees to grant to Subrecipient an amount not to exceed THREE HUNDRED FOURTEEN THOUSAND NINE HUNDRED ONE DOLLARS ($314,901), payable in installments as reimbursement of allowable expenses incurred by Subrecipient in connection with Subrecipient's performance of the Project; and a third party shall contribute TWO HUNDRED SEVENTEEN THOUSAND THIRTEEN DOLLARS ($217,013.00) in matching funds or in-kind services, for a total amount not to exceed FIVE HUNDRED THIRTY-ONE THOUSAND NINE HUNDRED FOURTEEN DOLLARS ($531,914.00) for the duration of the Contract. (b) Allowable expenses will be reimbursed to Subrecipient in accordance with the Budget included in Attachment A. The GLO will not provide reimbursement for any expenses not contained in the Budget; and is not liable to Subrecipient for any costs incurred by Subrecipient before the effective date of this Contract or after the termination or expiration of this Contract. (c) Further, it is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture and have reimbursed to the GLO any payments made by the GLO under this Contract that Subrecipient has not used in strict accordance with this Contract. This recapture provision shall survive the termination or expiration of this Contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 10-055-000-3751 Page 9 of 22 V. REIMBURSEMENT /BUDGET /PURCHASES / RETAINAGE 5.01 REIMBURSEMENT REQUESTS Each request for reimbursement shall: (a) prominently display "GLO Contract No. 10-055-000-3751," the failure of which may significantly delay payment under the Contract; (b) be on the approved GLO forms, samples of which are attached hereto as Attachment C. These forms maybe downloaded at: http://www.glo.state.tx.us/coastaUgrants/subrecipient.html; (c) be supported by an invoice detailing each expense by Budget category in accordance with Attachment A; (d) include a timesheet or a payroll clearing account spreadsheet; and (e) provide such other information as the GLO may request. Subrecipient may not charge "other operating costs" (i.e., administrative costs, computer usage fees, etc.) in addition to indirect costs, if such costs are already included in the calculation to determine Subrecipient's indirect cost rate. Each invoice shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment must be submitted in Word or WordPerfect format via email to the Grants Administrator monthly on or before the 10th. day of each calendar month. REQUESTS FOR REIMBURSEMENT UNDER THIS CONTRACT MUST BE RECEIVED BY THE GLO NOT LATER THAN SIXTY (6O) DAYS FROM THE DATE SUBRECIPIENT INCURS THE EXPENSE. NOTWITHSTANDING THE PRECEDING, REQUESTS FOR REIMBURSEMENT FOR EXPENSES INCURRED BY ANY SUBCONTRACTOR MUST BE RECEIVED BY THE GLO NOT LATER THAN THIRTY (30) DAYS FROM THE DATE THE SUBRECIPIENT RECEIVES THAT INVOICE FROM A SUBCONTRACTOR. FAILURE BY SUBRECIPIENT TO COMPLY IN A TIMELY MANNER WITH THESE TWO REQUIREMENTS MAY, AT THE GLO's SOLE DISCRETION, RESULT IN DENIAL OF THE REQUEST FOR REIMBURSEMENT. 5.02 BUDGET VARIANCE Upon written request and justification by Subrecipient to the Grants Administrator, reallocation among budget categories may be allowed. Subrecipient must use the GLO Budget Amendment Form, a sample of which is attached hereto as Attachment D. This form maybe downloaded at: http://www.glo.state.tx.us/coastaUgrants/subrecipient.html. Such reallocations may not increase the amount of the grant or total Budget, and shall be effective only after approval by the GLO. Any request for a variance that changes the total GLO Contract No. 10-055-000-3751 Page 10 of 22 budget amount or the project scope or outcome maybe allowed only through the formal, written Contract amendment process. A FINAL, ACTUAL BUDGET, TO BE ATTACHED HERETO AS ATTACHMENT A-1, SHALL BE SUBSTITUTED FOR THE EXISTING BUDGET IN ATTACHMENT A, AND SHOULD BE SUBMITTED NO LATER THAN THIRTY (3O) DAYS FROM , _ ,,. THE EXPIRATION OR TERMINATION OF THE CONTRACT. 5.03 PURCHASES Subrecipient shall not purchase any equipment and/or computer software not included as a reimbursable Budget item in Attachment A. Title and possession of any Equipment will remain the property of Subrecipient unless and until transferred to the GLO, upon written request by the GLO, or termination or completion of the Contract. Subrecipient shall furnish, with its final request for reimbursement, a list of all Equipment purchased with NOAH financial assistance under this Contract. The disposition of any Equipment, as defined above, shall follow the Uniform Grants Management Standard Guidelines. 5.04 RETAINAGE To ensure full performance, the GLO may retain an amount equal to thirty-three percent (33%) of the Subrecipient grant amount until Subrecipient's delivery, and GLO's approval, of all deliverables required herein. The GLO shall make a final disbursement only upon receipt of documentation sufficient to determine that Subrecipient has completed the project in accordance with the Work Plan and that all requirements of this Contract and the relevant provisions of the Grant have been fulfilled by Subrecipient, including, but not limited to, match documentation requirements. 5.05 MATCH DOCUMENTATION Evidence of match documentation shall: (a) be on the approved GLO forms attached hereto as Attachment C-1,1 which may also be downloaded at: http://www.glo.state.tx.us/coastaUgrants/subrecipient.html; (b) be supported by an invoice detailing each expense by Budget category, in accordance with Attachment A; and (c) provide such other information as the GLO may request. Match funding documentation must be identified clearly and may be submitted with or separate from a payment request. Each invoice shall be supported by copies of receipts, cancelled checks, or such other documentation that, in the sole judgment of the GLO, allows for full substantiation of the costs incurred. Payment requests may be denied if proper match has not been submitted. ~ Time for multiple volunteers may now be submitted on the Volunteer Timesheet form, a sample of which is included in Attachment C-I. GLO Contract No. l0-055-000-3751 Page i l of 22 VI. STATE FUNDING 6.01 STATE FUNDING This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Texas Constitution, Article IlI, Section 49. In compliance with Texas Constitution, Article VIQ, Section 6, it is understood that all obligations of the GLO hereunder. are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 10-055-000-3751 Page 12 of 22 VII. COPYRIGHT /PUBLICATION 7.01 COPYRIGHT The parties expressly agree that the GLO shall own all right, title, and interest in and to any copyright or other intellectual property rights in any material or information developed under this Contract including the right to use, reproduce, or publish any or all of such information and other materials without the necessity of obtaining permission from Subrecipient, and without expense or charge. Subrecipient shall not assert any legal rights or otherwise seek to establish any claim to statutory copyright in any material or information developed under this Contract. THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. 7.02 PUBLICATION (a) If Subrecipient or its employee(s) use NOAA financial assistance to publish reports and other materials completed as a result of this Contract, the author shall assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of such document and other materials: A PUBLICATION (OR REPORT) OF THE COASTAL COORDINATION COUNCIL PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD NO. NA09NOS4190165. (b) If Subrecipient or its employee(s) use NOAA financial assistance to publish a paper based in whole or in part on the work funded by this Contract, the author shall assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of the paper: THIS PAPER IS FUNDED ("IN PART" IF APPROPRIATE) BY A GRANT/COOPERATIVE AGREEMENT FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. THE VIEWS EXPRESSED HEREIN ARE THOSE OF THE AUTHOR(S) AND DO NOT NECESSARILY REFLECT THE VIEWS OF NOAA OR ANY OF ITS SUB- AGENCIES. (c) If the Subrecipient or its employee(s) use NOAA financial assistance to produce signage, the Subrecipient shall assure that the signage bears the following statement as well as the NOAH and CMP logos on all signs: THIS PROJECT IS FUNDED ("IN PART" IF APPROPRIATE) BY A GRANT FROM THE COASTAL COORDINATION COUNCIL PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD No. NA09NOS4190165. (d) When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part ' with federal funds, including, but not limited to, state and local governments and recipients of federal research grants, the Subrecipient shall clearly state (i) the percentage of the total costs of the project or program which will be financed with GLO Contract No.10-055-000-3751 Page 13 of 22 federal money; (ii) the dollar amount of federal funds for the project of program; and (iii) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. ALL DOCUMENTS AND MATERIALS MUST CONTAIN THE NOAA AND CMP LOGOS ON THE FRONT OR TITLE PAGE. (e) THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 10-055-000-3752 Page 14 of 22 VIII. RECORDS /ADMINISTRATIVE AND AUDIT /RETENTION / PUBLIC RECORDS 8.01 Booxs AND RECORDS Subrecipient shall keep and maintain full, true, and complete records in accordance with GAAP necessary to fully disclose to the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. 8.02 ADMINISTRATIVE AND AUDIT REGULATIONS (a) The GLO, as apass-through entity, has the responsibility to ensure that Subrecipients expending FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) or more in federal awards during each of the Subrecipient's fiscal years of funding have met audit requirements in accordance with U.S. Office of Management and Budget Circular A-133. Subrecipient shall complete and return the Audit Reporting Form, attached hereto as Attachment E, no-later than September 1 of each year until the Contract is terminated. Attachment E may be downloaded at: http://www.glo.state.tx.us/coastaUgrants/subrecipient.html. (b) In addition, Subrecipient agrees that all relevant records related to this Contract and any Deliverables produced in relation to this Contract, including the records and Deliverables of its Subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and Deliverables shall be subject, at any time, to inspection, examination, audit, and copying at any location where such records and Deliverables maybe found, with orwithout notice-from the GLO or other government entity with necessary legal authority. Subrecipient agrees to cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Subrecipient will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records and Deliverables, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. (c) Subrecipient understands that acceptance of state funds under this Contract acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Subrecipient will ensure that this clause concerning the State Auditor's Office's authority to audit state funds and the requirement to fully cooperate with the State Auditor's Office is included in any subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Subrecipient relating to the Contract for any purpose. GLO Contract No. 10-055-000-3751 Page 15 of 22 8.03 PERIOD OF RETENTION Subrecipient shall retain all records relevant to this Contract for a minimum of four (4) years. If any federal funds are used in the Contract, Subrecipient shall retain said records for a minimum of five (5) years. The period of retention begins at the date of payment by the GLO for the goods or services or from the date of termination of the Contract, whichever is later. The period of retention shall be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. 8.04 PUBLIC RECORDS Pursuant to the Public Information Act, records received from Subrecipient maybe open to public inspection and copying. The GLO will have the duty to disclose such records, unless a particular record is made confidential by law or excepted from the Act. Subrecipient may clearly label any individual records as a "trade secret," provided that Subrecipient thereby agrees to indemnify and defend the GLO for honoring such designation. The failure to so label any record shall constitute a complete waiver of any and all claims for damages caused by release of the records. If a request for a labeled record is received by the GLO, the GLO will notify Subrecipient of the request in accordance with the Public Information Act. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 10-055-000-3751 Page 16 of 22 IX. EVENTS OF DEFAULT AND REMEDIES 9.01 EVENTS Each of the following shall constitute an event of default ("Event of Default") under this Contract: (a) Subrecipient's failure to comply with any term, covenant, or provision contained in this Contract; (b) Subrecipient makes an assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (c) If at any time, Subrecipient makes any representation or warranty that is incorrect in any material respect to: (i) the Work Plan; (ii) any request for payment submitted to the GLO; or (iii) any report submitted to the GLO related to the Contract. 9.02 REMEDIES NO WAIVER Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself of any legal remedy. Aright or remedy conferred by this Contract .upon either Party is not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing upon the occurrence of an Event of Default. The failure of the GLO either to insist at any time upon the strict observance or performance of any of the provisions of this Contract, or to exercise any right or remedy as provided in this Contract, shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 10-055-000-3751 Page 17 of 22 X. MISCELLANEOUS PROVISIONS 10.01 LEGAL OBLIGATIONS Subrecipient shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services -required by this Contract. Subrecipient will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient agrees to be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. Subrecipient shall not commence construction of the Project until it has obtained the requisite licenses and/or permits. COPIES OF SUCH LICENSES AND PERMITS SHALL BE INCLUDED AS A PART OF THE PROGRESS REPORT, AS DEFINED IN THIS CONTRACT, FOR THE PERIOD DURING WHICH THEY ARE OBTAINED. 10.02 INDEMNITY SUBRECIPIENT AGREES TO INDEMNIFY AND HOLD THE GLO HARMLESS, TO THE FULL EXTENT PERMITTED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF SUBRECIPIENT, ITS EMPLOYEES OR AGENTS IN CONNECTION WITH THE PERFORMANCE OF SERVICES OR WORK BY SUBRECIPIENT OR ITS SUBCONTRACTORS UNDER THIS CONTRACT. THE PROVISIONS OF THIS SECTION 10.02 SHALL SURVIVE TERMINATION OF THIS CONTRACT. THIS SECTION 10.02 SHALL NOT BE CONSTRUED AS VIOLATING THE PROVISIONS OF ARTICLE III, SECTION 52 OF THE TEXAS CONSTITUTION. 10.03 ASSIGNMENT AND SUBCONTRACTS Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract not encompassed within the Work Plan without the prior written consent of the GLO. Notwithstanding this provision, it is mutually understood and agreed that Subrecipient may subcontract with others for some or all of the services or work to be performed. In any approved subcontracts, Subrecipient shall legally bind any such Subcontractors to perform and make such Subcontractors subject to all the duties, requirements, and obligations of Subrecipient specified herein. Nothing in this Contract shall be construed to relieve Subrecipient of the responsibility for ensuring that that the goods delivered and/or the services rendered by Subrecipient and/or any of its Subcontractors comply with all the terms and provisions of this Contract. Subrecipient will provide written notification to the GLO of any such Subcontractor performing fifteen percent (15%) or more of the work under this Contract, including the name and taxpayer identification number of Subcontractor, the task(s) being performed, and the number of Subcontractor employees expected to work on the task.. 10.04 HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS) (a) In accordance with State law, it is the GLO's policy to assist HUBs whenever possible, to participate in providing goods and services to the agency. The GLO GLO Contract No. 10-055-000-3751 Page 18 of 22 encourages those parties with whom it contracts for the provision of goods and services to adhere to this same philosophy in selecting Subcontractors to assist in fulfilling Subrecipient's obligations with the GLO. In addition to information required by this Contract, Subrecipient will provide- the Purchasing Department of the GLO with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising hereunder. (b) The GLO encourages Subrecipients to partner with certified HUBs that participate in the Comptroller's Mentor Protege Program. For more information on the program, and how it can assist your firm in meeting good faith effort goals please visit: http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/. (c) Subrecipient shall, not later than March 1 of each year until termination. of the Contract, complete and return the HUB expense report, attached hereto as Attachment H. Attachment H may also be downloaded at: http://www.glo.state.tx.us/coastaUgrants/subrecipient.html. 10.05 RELATIONSHIP OF THE PARTIES Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract, and, in respect to Subrecipient's performance pursuant to this Contract, Subrecipient shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this. Contract shall be deemed or construed to create a partnership or joint venture,. to create relationships of anemployer-employee or principal-agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Subrecipient or any other party. 10.06 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Subrecipient shall comply with all applicable federal, state, and local laws, ordinances, and regulations. Subrecipient shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract. 10.07 NOTICEs Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carver, overnight, signature required, to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue, Room 910 Austin, TX 78701 Attention: Legal Services Division GLO Contract No. 10-055-000-3751 Page 19 of 22 Subrecipient City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469-9277 Attention: Sally Gavlik, Director Parks & Recreation Department Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 10.08 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Subrecipient irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 10.09 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law, this Contract shall be construed as if such provision did not exist and the non- enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 10.10 DISPUTE RESOLUTION If a Contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision shall not apply to any matter with respect to which either party may make a decision within its respective sole discretion. 10.11 ASSURANCES AND AFFIRMATIONS Subrecipient shall complete and return the Assurances-Construction/Non-Construction Programs form, attached hereto as Attachment F, assuring that it will comply with all federal statutes listed thereon and, when applicable, shall obtain and return completed assurance of compliance forms from its Subcontractors. 10.12 DEBARMENT Subrecipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in GLO Contract No. 10-055-000-3751 Page 20 of 22 this Contract by any state or federal department or agency. Prior to engaging any contractor or Subcontractor, Subrecipient shall verify the contractor's or Subcontractor's eligibility for receiving state or federal funds, using (1) the Texas Comptroller of Public Accounts' Vendor Performance Program available on the Internet at: http://www.window.state.tx.us/procurement/prog/vendor~erformance/ for suspended and debarred vendors, and (2) the Federal General Services Administration's Excluded Parties List available on the Internet at: http://www.epls.gov/ in compliance with Executive Order 12549, "Debarment and Suspension;" and 15 C.F.R. Part 26, Subparts A through E, "Governmentwide Debarment and Suspension." 10.13 LOBBYING Subrecipient shall complete and return the Certification Regarding Lobbying, attached hereto as Attachment G, Page 1, certifying that no federal funds have been or will be paid to any person for influencing or attempting to influence any party named therein, and that if any non-federal funds have been paid for such purposes, Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," attached hereto as Attachment G, Page 2. 10.14 CMP CONSISTENCY Subrecipient shall complete the requirements of this Contract in compliance with the CMP goals and policies and shall assure that the performance of all Subcontractors is in compliance with the CMP. 10.15 PROPER AUTHORITY Each party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Subrecipient acknowledges that this Contract is effective for the period of time specified in the Contract. Any services performed by Subrecipient before this Contract is effective or after it ceases to be effective axe performed at the sole risk of Subrecipient. 10.16 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. If the Contract is not executed by the GLO within thirty (30) days of execution by the other party, this Contract shall be null and void. 10.17 ENTIRE CONTRACT AND MODIFICATIONS This Contract, its integrated attachment(s), and any purchase order issued in conjunction with this Contract constitute the entire agreement of the parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, GLO Contract No. 10-055-000-3751 Page 21 of 22 discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in such attachment(s) and/or purchase order shall be harmonized with this Contract to the extent possible. Unless such integrated attachment or purchase order specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the terms of this Contract. SIGNATURE PAGE FOLLOWS GLO Contract No. 10-055-000-3751 Page 22 of 22 SIGNATURE PAGE FOR GLO CONTRACT NO.10-055-000-3751 ss~ ~ ! e ~ ~~ is GENERAL LAND OFFICE Larry L. Laine, Chief Clerk/ Deputy Land Commissioner /_ Date of execution: ~ ~ ~ W S .A. ~~. A.G.C. G.C. CITY OF CORPUS CHRISTh TEXAS ,/~ L',/,cz~d~"/ ~By: el , ~cabar Title: ' Date of execution: P D ~.'~ B ~ ~,~ ; ~.,~H ~~~~5„w-~ ~j~,~ ~' a~~~`~ AUTHORItED aT CEld11CiL ,,.~,~~-.~1~= -,. ......~:1.:. SECRETARY ~77EST: A{iMANDp ChiAPA ~~ "~' Gi7Y SECi~ETAR" t ~s ATTACHMENTS FOR GLO CONTRACT NO. 10-055-000-3751 ATTACHMENT A ATTACHMENT A-1 ATTACHMENT B WORK PLAN AND BUDGET FINAL, ACTUAL BUDGET (TO BE SUBMITTED PROGRESS REPORT FORMZ ATTACHMENT C INVOICE FOR FEDERAL EXPENDITURES, MONTHLY GRANT PROJECT EQUIPMENT SHEET, AND MONTHLY GRANT PROJECT TIMESHEET ATTACHMENT C-1 LOCAL MATCH EXPENDITURES, MONTHLY GRANT PROJECT EQUIPMENT SHEET, MONTHLY GRANT PROJECT TIMESHEET, AND VOLUNTEER TIMESHEET ATTACHMENT D BUDGET AMENDMENT FORM ATTACHMENT E AUDIT REPORTING FORM ATTACHMENT F ASSURANCES -CONSTRUCTION /NON-CONSTRUCTION PROGRAMS ATTACHMENT G CERTIFICATIONS REGARDING LOBBYING ATTACHMENT H HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) EXPENSE REPORT FORM z Forms, which maybe updated from time to time, maybe downloaded at: http://www.glo.state.tx.us/coastaUgrants/subrecipient.html Attachment A GLO Contract No. 10-055-000-3751 Page 1 of 3 Attachment A -Work Pian and Budget Contract Number: 10-055-000-3751 Project Name: Oso Bay Wetland Preserve -Property Acquisition Entity: City of Corpus Christi Project Description: The City of Corpus Christi proposes to acquire 49.53+/- acres, known as the Gaines tract, of uplands, floodplain, wetlands and sand flats, formerly used for grazing, as part of the development of the new 162 +/-acre Oso Bay Wetland Preserve. The city will acquire the property for $542,533, a cost significantly below the fair market value of $820,000. A Phase I Environmental Assessment has been completed for the proposed acquisition and is included with this application. The project is located at 8011 Holly Road, Corpus Christi, Texas 78414; Latitude 27040' 16.16"N, Longitude 97019'52.18"W. Serving as match for the acquisition will be a fee simple donation of 77+/- acres of adjoining property which includes wetlands, uplands, and bayfront owned by the Coastal Bend Bays & Estuaries Program (CBBEP) and purchased without federal funds. The bayfront CBBEP-owned property is valued at over $700,000. Additionally, the city is dedicating adjoining 33.5 acres ofcity-owned, non-parkland property to the preserve. The three parcels of property comprising the project will be protected by a conservation easement. Approximately two acres of public tidelands/beaches abuts the wetland preserve site. A map is included in the application that shows how the tracts relate spatially to each other. The project fulfills several CMP goals and policies including the acquisition of: (1}Coastal Natural Resource Areas (CNRAs); (2) areas that provide access to coastal waters; and (3) lands prone to coastal hazards such as windstorms, storm surge and flooding. Importantly, Hurricane Ike has reminded the Texas coastal community how important it is to keep areas prone to coastal hazards, like this acquisition immediately adjacent to Oso Bay, undeveloped. The project will be the newest and one of the largest city-owned nature preserves along the Texas coast. The project serves the state's second largest coastal city, and importantly, meets the Coastal Management Program's desire to address the needs of underserved communities. Corpus Christi, with a population 285,175 (LT.S. Census Bureau, 2006), has a poverty rate of 18.2 percent, or nearly double the national average. The Texas Parks and Wildlife Department has awarded the city a $500,000 Outdoor Recreation Grant in July 2008 for preserve development including construction of nature trails, wildlife observation decks, and other nature preserve facilities. The city intends to build a nature center for environmental education on a small upland portion of the property. Future preserve development (nature trails, the nature center, etc.) will be built to the U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design) Green Building Rating SystemTM standards. Environmental enhancements planned for future phases of the project include invasive species removal, construction of freshwater wetlands Attachment A GLO Contract No. 10-055-000-3751 Page 2 of 3 Attachment A -Work Plan and Budget to filter nonpoint source runoff, and restoration of existing wetlands that have been degraded. Project Budget: CMP Subrecipient Third Party Project Total Salaries $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $314,901.00 $0.00 $217,013.00 $531,914.00 Subtotal: $314,901.00 $0.00 $217,013.00 $531,914.00 Indirect $0.00 $0.00 $0.00 $0.00 Total: $314,901.00 $0.00 $217,013.00 $531,914.00 ' ~ ' Attachment A GLO Contract No. 10-055-000-3751 Page 3 of 3 Attachment A -Work Plan and Budget Special Award Conditions: 1. This project must be completed as described in this work plan. The GLO and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 2. In the event that the GLO and NOAA determine that the project or property is no longer used for its original purpose, the recipient shall reimburse NOAH for the federal funds received for the project. Task 1 Description: Fee simple acquisition of the Gaines tract and donation transaction of the matching property owned by the CBBEP Prior to closing, the city will conduct real estate appraisals, surveys and other necessary due diligence activities. The city will receive title to the property owned by the CBBEP. Deliverable(s)/Milestone(s): 1. Real estate appraisal to federal standards, surveys, etc. February 2010 2. Purchase of the Gaines tract. March 2010 3. Transfer CBBEP-owned property (match) to the City of Corpus Christi. June 2010 Deliverable Due Date(s): 6/30/2010 Attachment B Page 1 of 2 PROGRESS REPORT (Project Name) (GLO Contract No.) (Reporting Period) Task 1: (Name of task as identified in Attachment A of your contract) • Status of the task during this reporting period: Din progress ^completed • Briefly describe major accomplishments for this reporting period. • List the deliverable(s)/milestone(s) completed during this reporting period. (Submit a copy of your completed deliverable(s)/milestone(s) with this report.) • Were there any problems or obstacles encountered during this reporting period (e.g., delays, remedial action taken, schedule revision}. ^Yes ^No If yes, please explain: • Briefly describe plans for the next reporting period. (Repeaf for each task, if necessary. If work on a particular task has not begun or has been completed, do not include in progress report.) Page 1 of 2 Attachment B Page 2 of 2 Please provide a current budget breakdown. (Double Click on budget tables to activate Excel.) Current Federal/ CMP Bud et Billed to Date Obligated* CMP Budget Remaining CMP Budget Personnel $ - $ - $ - $ - Fringe $ - $ - $ - $ - Travel $ - $ - $ - $ - Supplies $ - $ - $ - $ - E ui ment $ - $ - $ - $ - Contractual $ - $ - $ - $ - Other $ - $ - $ - $ - Subtotal $ - $ - $ - $ - Indirect Costs $ - $ - $ - $ - Totals $ - $ - $ - $ - Current Local Budget Billed to Date Obligated* Local Budget Remaining Local Budget Personnel $ - $ - $ - $ - Fringe $ - $ - $ - $ - Travel $ - $ - $ - $ - Su lies $ - $ - $ - $ - E ui ment $ - $ - $ - $ - Contractual $ - $ - $ - $ - Other $ - $ - $ - $ - Subtotal $ - $ - $ - $ - Indirect Costs $ - $ - $ - $ Totals $ - $ - $ - $ - Current 3rd Party Budget Billed to Date Obligated* 3rd Party Budget Remaining 3rd Party Budget Personnel $ - $ - $ - $ Frin e $ - $ - $ - $ - Travel $ - $ - $ - $ - Su lies $ - $ - $ - $ - E ui ment $ - $ - $ - $ - Contractual $ - $ - $ - $ - Other $ - $ - $ - $ - Subtotal $ - $ - $ - $ - Indirect Costs $ - $ - $ - $ - *Obligated includes -funds that have been incurred by the recipient but have not been paid by the recipient, such as executed contract agreements or acquired supplies/materials/equipment. Page 2 of 2 Attachment C Page 1 of 3 INVOICE FOR FEDERAL EXPENDITURES Entity Name Department Address City, State Zip Contact Name Phone Fax CLO Contract # Federal ID# Amount CIVIP Amount Expenditures Previously Amount Budget Category Budgeted this Invoice Invoiced Remaining ?ersonnel $0.00 $0.00 $0.00 $0.00 ringe $0.00 $0.00 $(1.00 $U.00 ('ravel.. $0.00 $0.00 $0.00 $0.00 supplies $0.00 $0.00. $0.00 $0.00 ?quipment $0.00 $0.00 $0.00 $0.00 contractual $0.00 $0.00 $0.00 $0.00 Jther i~ $0.00 $0.00 $0.00 $0.00 >ubtotal $0.00 $0.00 $0.00 $0.00 ndirect Costs $0.00 $0.00 $0.00 $0.00 0.00 _~O:OU $0.00 $0.00 _/ Subrecipient may not charge "other operating costs" (i.e., administrative, computer costs, etc., .n addition to indirect Costs, if such costs are already included in the calculation to determine tubrecipient's Indirect Cost rate. attach timesheets/receipts/cancelled checta for all expenditures that ,you arc submitting for rcimbursement.V 'roject Manager Signature Date Universities may submit their standard invoice in lieu of this documentation. ^or GLO Use Only: `ontract Number: ~. _. ;CCl~ InV01Ce Anlt~' , ~ ~ _~ :ed:# Invoice AmtS!_______._..._ >ate Service Date Invoice reviewed by Contracts Specialist^ Invoice revie~~'ed by Project Manager. Okay to Pay Datc Grant Manager Attachment C Page 2 of 3 W 0 v a t .a a a 0 O O V d b Q Q W h 2 CW C a D W Y Q 0 ti C 2 v ~ i ~ ~ a1 ti Q ~ Z r = J~+ W Q Z v f0 ~ C ''' v ~" O t ..~ L1 a v ~ ~ O . ~ ~ w d w ~ w a N ` N N L L L L A t7 ~-1 00 Q 1~ .--1 N N L N L N L N t T N M a ~ ~ ~D rl N N N L .~ L N L T T N Q1 lD O ~n .-i .-a N N L N L N L N L ~ .--1 00 ~ O v -+ ~ N N t N .t N t N L ` L ~ o r v ~ Q m .-1 rl N M N L N L N L N' L ~ L N l0 M O O N pl .-+ N M N t N L N L N L N L N ~fl N Q1 O .-~ oo .ti N O Q r J } J Q 0 X } Q D O Z 0 ~ Q v Q v N K O Y Q O u Q H u U/ O V C O .~ O c L N `v V v a~ O a O Z .o a G1 rmp c ~ f0 a` ~ N N rya (0 N v Ql ~ .a c tl0 a Attachment C Page 3 of 3 ~"' W W ccW G H I- U W O a z } J F- Z c~ G L u u c a a c u 7 C 0 0 C 4 u c u U D a a v L L L L v ~ ~ ~ 1~ .~- N N w O m Y L N ~ ~ ~ C .C L t L V ~ O (O N N 5 J 9 l 7i u ~ ~ ~ N N L L L t f6 O ~ N ~ N i i i 1 1 ~ L L t L ~~ I D V' ~ ~ N i i ~ L ~ .C L L ~ O ch o .- tom. .- v N •- ~''~ ~ ~ i ~ N L t L t t cc ~ N ~ ~ N C'') ~ ~ i ~ ~ L t t L L m ~ ~ ap ~ N N OI O C a u C d i. ~ ~ ~ d C E z ~ g ? ~, ~ n ~ os u a; ~ ~ a O o LL Q W ~ a Qj ~ N l4 ~ ~ ~ w Q .. .. ~ LL E- Z w m ; ~ w ,ten ~.w_. w z_ ~ a ~~~ mw~ J W J ~ ~ ~ C7 a o Z ~ O = ~O ° w=z i~ J O ~' u ~ N X X }a C o Q ~ ~ . ~ ~ = ~ E ~ O = Z o c ~i Z ~ ~ ~ ~' O ~ g u, ~ ~ d m p ~ Q Q ~ J ~ ~ p Cn tL ~ r ~ y m ~ ~ U h O a ~ c . ,A F - a3 ~ ~ a ° ~ w a • Attachment C-1 - Page 1 of 4 LOCAL MATCH EXPENDITURES* Entity Name Department Address City, State Zip Contact Name Phone Fax GLO Contract # Federal ID# Amount Local Amount Expenditi2res this Previously Amount Budget Category Budgeted Submission Submitted Remaini~tg Personnel $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 `60.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Other i~ $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $O.UU $0.00 Indirect Costs $0.00 $0.0() $0.00 `.60.00 Totals $0.00 $0.00 50.(10 $O.UU Attach timesheets/receipts/cancelled cJtecls for all expenditures that ~~ou .are submitting for reimbursement. Project Manager Signature Date *Universities may submit their standard invoice in lieu of this invoice form. 1/ Subrecipient may not charge "other operating costs" (i.e., administrative, computer costs, etc., in addition to Indirect Costs, if such costs are already included in the calculation to determine Subrecipient's Indirect Cost rate. Attachment C-1 Page 2 of 4 4 v d C t 4 .C C C 6 .; C 4 V {- 4 Q C 4 'v C 4 C Q C 2 4 ui 01 ~- ~ ~ H ~ ~ E z ~ Y Z 4+ d f0 ~` _ Ql £ C D ~ .O ~ ~ ~ Q a ~ 4 d c W G W 4 N ~ ~ ~ t L L t 1O Q .-1 ~ O 1~ ~"~ N N N .~ t ,~ L ~ !+1 O ~ ~ tD .-i N N L L t N L N N ~ ~ ~ Ul .-1 .-1 N N = N i L ~ L ~ L ~ .-~ W ~ ~ t N ` t ` L ~ L ~ ~ L a ~ M O ~ ~ N M H t S ~ t L t } T ~ M p ' O N ~ ~ N M N L N L N L N L N L T N ~ N N Ol N pl Ql W Q K } K O' } J_ Q V G1 0 v N O x o N Q a' O ~ ~ ~ N O u. O O ~ '- '^ a a Z ~, Y O ou O p } °' ~ c ~O F- p Q t ~ z ~ a ~ J a w ' d ~ 7 ' a v ` °' ° , V F- - n ~ a N Attachment C-1 Page 3 of 4 W W W ~_ H H U W O a Q } J H O e t ., Z (i i i 1 t t a t t C .C C t c .a a E C 0 ., c t c c V V C C C C u a LL LL 0 3 C. d n U W D W a O 7 LL O ui L ~ d ~ ~ q ~ Z ,~ d d Z j~ ca 4 ~ O ~ ~ 'o E c ~ n:w~ a N L t L L 1 N S O N ~ N N i i ~ ~ ~ ~ L .C t L ~ Q ~p ~ O N ti N i 7 i L L L L (6 N O) N D ~ ~ ~ ~ ~ L t t t m O v ~ ~ oo ~ ~n N ~ ~ ~ L ~ t L L L cC O th p . a~- N ~ M ~ ` ~ L L ` L t .C ~ O N rn ~ N (h N ~ N L ` L L t L ~ O ~ ao r N N OI w Q J Q' O S } J O } Q X O ~ Z ~ O ~ g°_ U Q U ~ O W Q cr n H F- Z W m o ~'W°u`j LLC9 M W Z v Z ~ ~ m lL U W J ~ (7 ~ O Z ~ ... O ~ = Z X ~ !Y ~~ O~ =Z ~O ~ ~O J W {- ~ Q 0 > t'i `o U N C 0 .~ E 0 ,c U N +-+ (0 ~i m c rn a~ T O n w (D O a~ rn m ro ~ ~ ~ ~ C 'o rn LL (n Attachment C-1 Page 4 of 4 H W W W ~_ N Li. W W ~"" Z J 0 ~ .~.r C Z W e"'0 r +-+ ~ d d ~ 'p 'p d .. L. > aaw ~ ~ ~ .. m m c 3 a d fA ~ 64 fA fR fA fA fH EH EA fA fiT EH fJ9 dq fA fA ER fA EF? 69 fA 69 EA d9 GR fH fA EA fA EA fA d - ~ ~ ~ 7 r O <K S ~ O 'o ~ ~ 3 ~ O ° x 3 c. w c c~ a ai Y N ^ F v 'a °' m a c ~ as _ 'N co d Q U c 0 w ro a d z w ~_ LL m R J Z Q N O ~ J h Attachment D Page 1 of 1 BUDGET AMENDMENT REQUEST Subrecipient Department Address City, State Zip Contact Name Phone Fax GLO Contract # Federal ID# Current Requested Requested Requested Revised Current CMP Current Other CMP Local Other Revised CMP Revised Local Other Budget Category Budget Local Budget Budget Changes Changes Changes Budget Budget Budget Personnel $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 50.00 $0.00 Fringe $0.00 $0.00 $0.00 $O.OU $0.00 $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 . $0.00 $0.00 Othcr 1/ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Totals 50.00 $0.00 $0.00 $0.00 Please justify your request below (include additional sheets, as necessary). Signature of Authorizing Official $o.oo $O.oo $o.oo $o.oo $o.oo Date GLO Use Only: ,Your informal budget amendment is approved. Please retain a copy of this form with your project file. Informal Budget Amendment Approved by: Date: Contract Specialist Note: This copy of this form will become part of your permanent GLO legal file. 1/ Subrecipient my not charge "other operating costs" (i.e., administrative costs, computer usage fees, etc.) in addition to indirect costs, if such costa are already included in the calculation to determine Subrecipient's indirect coat rate. Attachment E Page 1 of 2 Audit Reporting Form Subrecipient: t~eccio•ing (gramed;a++arded) federal funds. through the Genera) Land Office (GLO). are subject to the requirements of the Single Audit Act of 1996. Off ice of Management and (iudget (ONlB) Circular No. A-133, (htt~/+v+v+v.omb.~~o~~J,'rl, ants). Subrecipients expending (spending/reimbursed) federal funds totaling $00.000 or more in a fiscal year are required to conduct an audit in accordance with the Single Audit Act. Please complete this questionnaire and send by facsimile to 512-475-U68U attn: Coastal Management Program or mail to: General Land Office Attn: Coastal Management Program Coastal Resources Division P.O. Box ] 2873 Austin. Texas 787 1 1-2873 Section 1: Cntity Inform:-tion Name of Entity (Subrecipient) What is your entity's fiscal year'? Monlh;'Year Project Title and GLO Contract Number (additional grants may be listed on a separate page) through Montle /fear Section 2• Single Audit Requirement For your most recently completed fiscal year. account I"or all federal funds (awards/grants) expended (spenUreimbursed)regardless of the .ounce. (Provide your nu~st recentl+ completed fiscal year belo++') For Fiscal 1'car 20_: \Vhat ++:u the total amount ul' federal funds (a+vards/grants) expended (spent/reinbursed)° ti if I_ti, than 5~0(I.QOI) in iata~! federal funds (a++'arclslJrant>) ++ere expended: four entity is c+~rniht from feather audit requirement. for the reportin~~ period. Complete Sections 4 and ~ (Federal Awards Information and Signature Section>). ^ if $SOO.CIO0 or more in total federal funds (awards/grants) were expended: Con~lete all remaining sectiotr. Section 3: Audit lnformation • Date of your Entity"s Lta completed audit: _.__.. (Date) • Period C'o+ered by Audit: through _....... NlnnUrl'ear Nlonth/Year • Audit Findings: ^ No findings (it is not necessary to submit a copy of your audit report package) ^ Finding> (provide a copy of your audit reporting package if findings were related to funds issued through the GLO. II~ findings +vere unrelated to GLO issued funds submit the schedule of findings and quesuoned costs.) • Next audit scheduled for (Month/Year) • Period to be covered by nest .chcduled audit: through t~1onlh~Year Nlonth'1'ear Section ~: hederal r1~~ttrtls lnformation For the fiscal year pro+idcd. account Ivr all ledtral fund: (a+vards~grants) recei+•ed (ranted/a+vardecf) regardless ol'the source. For t iseal Year 20_: (li~~al +rat must match fiscal yrar prop tded m section 3) 11"hat ++•as the total amount of hedcrxl funds (a++al-ds/gr•.utts) rccei+"ed(;;ratntcd/a+~•arded)' ~ _.....,_.,_-,.~. .~ .-- --~ _.. ~......~ ... .. ~i... t.,u.,,, ;,,.. ~,.+,tY-~n-dice rhr f~~dcral fmids (a~~ 1€`d:r8nts) your entity recetvcd) . - Nrime ofitdctal a~~arci(,)~~rantcc(' Period o('Award (month/~ r nrontlr+i') - Rtnotwt _ -- t'('D'A'v+utnber .~.,~ t `-- - --- - - - - -- Sectlo?l S: ~I~~niltnl'C ~l`Ct10n Signature of I'reparer I'rinled Name of Preparer and Title Uat~ Pr~e~arer'aContact 1+3formation: Email: Phone:( ) - ext. Attachment E Page 2 of 2 Instruction Sheet for the Audit: Reporting Form The purpose of-the Audit Repo+~ing (AR) Fortn is to a>sia the General Land Otticr (GLO) in it; obligations to adhere to federal guidelines for pass through entities issuing federal funds. The AR Form is equally beneficial in assisting entitle: receiving federal Funds. through the GLO. to meet their audit reporting requirement. Federal guidelines for pass through agencies issuing federal awards and the subrecipients of those funds are set forth in the Single Audit Act of 1996.Office of Management and Budget (OMB) Circular No. A-133. The UMf3's website. httu:'.'avww.omb.EO+~/grants. contains information regarding the Single Audit Act and its requirements. Review the following insu•uctions for assistance in completing the Audit Reporting Form. Section 1: Entit~~ Information. • Name ofEntity - The'`Name of Entity" should match the name on [he Brant contract. • Project Title and GLO Contract Number- Provide the "Project Title and GLO Conn~act Number" for your entity's grant. The project title must match the title of d,e project found in "Attachment A" of the grant conu~act. A separate sheet listing additional project titles and contract numbers may be attached ifnecessary. • Fntit~s Fiscal Year -Provide the period covered by your entity's fiscal year. (i.e. Jan. '06 through Dec. •0(>) Section 2: Single Audit Requirement. following the text °For Fiscal Year 20 •'. insert your entity's fiscal year end for the reporting period (the most recently complete fiscal year). For the fiscal year•listed, provide the total. amount of federal funds (a~~ards/,rants) expended (spent/reimbursed). Account for all federal funds expended. re~~ardlea of the source. Choose one of the lollopring option>: 1 Mark the first box. if your rntit~- has expended Irk than SiUO.(10t) in tot~f Icderal Ilmd>. Y"our entity i~ c ~em}~t.from further audit requirements for the reporting period- but must comple+r Sections ~ ai,d 5. Z. Mark the second box. if your entity. has expended .~3UO.Q00 or more in rotas federal fund>. four entity is not;exemt,t ti•om further audit requirements and must complete all remaining sections of the form. Section 3: Audit information. • Dote of Laa Completed Audit -Indicate the date of your entity's laa completed audit. • Period Covered by Audit -Provide die period covered by your entity-s last completed audit. This period should correspond to the audit. indicated on the previous line. • audit Findin~zs --Choose one of the followinb option,: t . Mark the. box before "No findings" if your entity's last completed audit disclosed no findings. II~ there were no tindinss. it is not necessary to provide a copy of your audit reporting package. 2. Mark the boy before ''Findings" ifyour entity's last cvmpleted audit disclosed finding.. If there were findings. submit a copy of the audit reporting package. if the findings were related to GLO issued funds. If the findings were unrelated to GLO issued funds submit a copy of the schedule of f indings and questioned costs. • 'vcxt Audit Scheduled toi -Provide the month and year of your entity's next scheduled audit. • Ne+iod Cv~ ereYi tia \e~t Audit Indicate the period to br covered by your entity's next scheduled audit. Section a: Feder~tt :~~~au-cis lnfonualion. • follo~~•ing the text "For Fiscal fear 20 ". insert your tntity-, fiscal year end for the current reporting period (should match the fiscal year prop ided in Section ?). For the fiscal year listed. provide the total amount o1• federal funds (awards/grants) your entity ha: received (grantediawarded). Account for all federal Fund> received. regardless of the <c,urce. It is uossitile for the amount of lederal Funds received;aa-arded to not a~_ree to the amount expended/spent. • 1'.tdrraf Grant; -falilr -For the fiscal year listed. u.e the table to pro~+dc: f) the !rant.,%a~~ard. that con,pri:e the total amount oC federal fund: your entity received: 2) d,c period of a~+ards (i.e. Mav 'UG -May 'OS): 3) amount ol~awaids: and. 4) the C atala, of Federal Domestic ~\s;istance (('fDA) numher~ for each air:ird. If the CT:DA number is unknown. you may contact the issuing a~sency. II•additional space is needed. attach a separate sheet listing the abovemcntioned federal Brant information. Section ~: Signature Section. • .ft'~nature of Pret~arer - Thr person who prepared the AR form mull ,i~~n and date the form. • Prjnted ?~ati,e o(' Preparer -Print the name and title of the person who prepared the :'1R Form. • Pr•c~aret ~sfontact lnlormataon =Provide an email address and phone number for the preparer. Form Return Information -Use the return information near the top of the Audit Reporting Fonn. For additional assistance contact Melissa Porter. C'MP Team Leader, at 512-475-1393 or by email at melssa.Poi'er>'{t.~_=lostate tx,u. Attachment F Page 1 of 2 OMB Approval No. 0348-0042 ASSURANCES -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average i5 minutes per response, including time -for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970 (42 U.S.C. §§4728-4763} relating to prescribed (including funds sufficient to pay the non-Federal share standards for merit systems for programs funded of project costs} to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration (5 C.F.R. 900, Subpart F). 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 aU records, books, papers, or documents related to .the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property squired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5, Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7, 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. 9. 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. 10. Will comply with all Federal statutes relating to non- discrimination. 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, G) the requirements of any other nondiscrimination statute(s) which may apply to the application. Standard Form 424D (Rev. 7-97) Previous Edition Usable Authorized for Local Reproduction Prescribed by OM8 Circular A-102 Attachment F Page 2 of 2 11. 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 result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the 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. 13. 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- 16. 333) regarding labor standards for federally-assisted construction subagreements. 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.); (fj 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). 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. 14.. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance (P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Historic Preservation hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 flood insurance if the total cost of insurable construction (identification and protection of historic properties), and and acquisition is $10,000 or more. the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of 18. Will cause to be pertormed the required financial and environmental quality control measures under the 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." 19. Will comply with all applicable requirements of all other ,,, ~ Federal laws, executive orders, regulations, and policies f ' governing this program. ~., ... xe ~ ! t i e t t i i ar t SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL (TITLE APPL~1~Nl~ORGANIZATiON - ATE SUBM1TTl'D \ ~ n~~ t~~.~A~ ~ ~ ~~ ~ 1 ~~l ~ I r ,/~` `~ (c~ , a S SF-424D (Rev. 7-97) Back -t'~~Ivs~ ~~ SUBRECIPIENT MUST SIGN THIS FORM Attachment G Page 1 of 3 ,., ~ ss~ •., s^ << a y R l/ •i FORM CD-512 U.S. DEPnRTMENT OF COMMERCE ()-91) LF CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS AND LOBBYING Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions (or Certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, "Governmentwide Debarment and Suspension (Nonprocurement)" and 15 CFR Part 28, "New Restrictions on Lobbying" 1. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS As required by executive Order 72549, Debarment and Suspension, and implemented at 15 CFR Part 26, Section 26.510, Participants responsibilities, for prospective participants in lower tier covered transactions (except subcontracts for goods or services under the $25,000 small purchase threshold unless the subtler recipient will have a critical influence on or substantive control over the award), as defined at 15 CF Part 26, Sections 26.105 and 26.110- (1}The prospective lower tier participant certifies, by submission of this proposal, that.neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. {2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (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 wish this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Repoli Lobbying." in accordance with its instructions. (3) The undersigned shall require that the language of this certiflcatlon be included in the award documents for all subawards at all tiers (inGuding 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 less than $10,000 and not more than $100,000 tar each such failure. 2, L088YING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the applicant certifies that 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 undersigned, !o any person for influencing or attempting to Influence an officer or employee of any agency, a Member Of Congress in conncection 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, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying;' in actxxdance with its Instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who faits to file the required statement shall be subject to a civil penalty of not less than 310,000 and not more than $100,000 for each such taiture. As the duly authorized representative of the applicant, 1 hereby certify that the applicant will comply with the above applicable certification(s). NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME ~1 0~ r ~~ ~(~ ~~ l~~ PRINTE AME AND TITLE OF AUTHORIZED REPRESENTATIVE 1~.~~~ '~ . ~S C~v (~ Q~ , ~i~l l~~ttGt~3(Jv SIGNA REV rr ~- ~'~ '' V DATE Nt ~_`~. „~. ~ ~° '~ ~ir.. ~ ~"^' ~o/l~' l ~~ SUBRECIPIENT .A~ ,.~- ~' •1-~ A~-1-,,,dui. MTJ~T nIGN TiiI~ FORSK Attachment G Page 2 of 3 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 o3a&ooas __ (See reverse For public burden disclosure) 1. Type of Federat Action: 2. Status of Federal Action: 3. Report Type: a. contract ~a. bid/offer/application ~ a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity In No. 4 is a Subawardee, Enter Name ^ Prime ^Subawardee and Address of Prime: Tier if known: Con. ressional District, ifknawn: Con resslonal D)strlct, if known: 6. Federal DepartmentlAgency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known; 9. Award Amount, ifknawn: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (ifindividual, last name, firstname, Ml): different from No. 10a) . I (last name, frrstname, Ml): ~ 1. mramada, ngwsud , nua ram, b audiatrsd h rda at u.s.c. sadlon ».u n+.. asaww. a roeo m aa at. bn t t d r a b ~ Si nature: g . y g ~ . . ma raprwn a an a a w~ wtid+nKanu waa paced by rM a~ atwva wAan as tranaaauon „~., maai v arwnd Yda itin QiaGoaura b taQuind puntvanl b l/ U.SC. 152. Thia Print Name: MWmadon wit ba rrpoAad b M Conpnsa sarrwannwly and wir ba avaiaWa /a l S I ~k Napadfon. MY proton wfa hib b AN qfa npul~ad disdoaun stW W t e: auojad v • ovit partalry ar not,baa Oat 170.000 and-not ntxa Yun f100.000 br •~~+~•• Telephone N,o.:.,,__~___ Date: _ . _ ._ ,~ ,_ . Auti-orized for Local Reproduction ' ~ r.. ,. Standard Forth LLL {Rev. 7-97) Attachment G Page 3 of 3 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardae or prime Federal recipient, at the Initiation or receipt of a covered Federal action, or a materlalchange to a previous fitir-g, pursuant to title 31 U.S.C. section 1352. The filing of a lone is required for each payment ar agreementto make payment to any lobbying entity for Intluendng or attempting to influence en officer or employeeof any agency, a Member of Congress, en officer or employeeof Congress, or an employeeof a Memberof t,,ongress in connectionwith a covered Federal adion. Complete aq items that apply for both the initial filing and material change report Refer to the implementing guidance published by the Office of Management and Budget for additional (nfortmalton. 1. Identify the type o/ covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identity the appropriate class~caUon of this report. 1/ this is a foliowup report caused by a material change to the information previousiyreported, enter the yearend quarterln which the change occurred. Enter the dale of the fast previouslysubmiHed report by Ibis reporting entity for this covered Federal action. 4. Enter the full name, address, city, Stale and zip code o(the repotting entity. Include Congressional District. U known. Check the appropriate dass~catiom of the reporting entity that designates if It is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the tsl Uer. Sutrawards indude but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organaation filing the report in item 4 checks "Subawardee,"then enter the full name, address, aty, Slate and zip code of the prime Federal redpient Include Congressional District, if known. 5. Enter the name of the Federal agency making the award or loan cornmitmenl Indude at least one organizationallevel betowagency name, K known. For example, Department of Transportation, United Stales Coast Guard. 7. Enter the Federalprogram name or description for the covered Federal action (item 1 }. if known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. t3. Enter the most appropriate Federal identifying number availablefor the Federal action Identified In item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IF8) number, grant announcement number; the contract, grant, or loan award number, the applicationfproposalccntrol number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-0Ot 9: For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. , 10. (a) Enter the /uA Hama, address, city, State and ztp code of the bbbying registrant under the lobbying Disclosure Ad of 1995 engaged by the reporting entity identified In Item 4 to influence the covered Federal action. (b) Enter the full names o/ the individual(s) performing services, and include full address i(ditTerenl from 10 (a). Enter Last Name, First Name, and Middle initial (MI). 1 t. The certifying officiai shall sign and date the forth, print hislher name, title, and telephone number. ' According to the Paperwork Reduction Ad, as amended, no persons are required to respond to a coledion of InfortnaUon uMess it displays a valid OM8 Control Number. The valid OM8 control number for ibis information colledion is OMB No. 034ti-0048. Public reporting burden for this collection of infonnaUon is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the coUedion of InfortnaUon. Send comments regarding the burden estimate or any other asped of this collection of information, Including suggestions !or reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (03413-004&), Washington, DC 20503. Attachment H Page 1 of 1 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB} EXPENSE REPORT (Project Name) (Subrecipient Name) (GLO Contract No.) (Reporting Period) In accordance with state law, it is the General Land Office's (GLO) policy to assist Historically Underutilized Businesses (HIJBs), whether minority or women-owned, whenever possible in providing goods and services to the GLO. The GLO encourages you to adhere to this same policy when selecting subcontractors to assist your organization in fulfilling its contractual obligations with the GLO. In that regard, please provide us with the estimated amount of project funds your organization paid to HUB vendors during the FY 20 (the state's fiscal year is September 1 to August 31). PROJECT AMOUNT PAID: VENDOR NAME: TYPE OF HUB VENDOR: American Women (WO) Hispanic Americans (Hl) Black Americans (BL) Asian Pacific Americans (AS) Native Americans (NA) Other I am not sure if the following vendor is a HUB: Vendor's name Amount paid: $ or No project funds were paid to a HUB vendor during the stated time period. Please fax this page to Ms. Monica Simien, Contract Specialist, fax number: (512) 475-0680. If you have questions,~please contact Ms. Simien at (512) 463-5187, or via electronic mail at: monica.simien@gio.state.tx.us.