HomeMy WebLinkAboutC2010-451 - 11/16/2010 - Approved
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October 20, ZO10
Texas Department of Public Safety
2D1D Sub-Recipient Award
for
Cify of Corpcrs Chris[~i
Sub~t~cipient f~amp gntl'Addree I Z. Prepared by: Seals Fredd[e ~ 3 SAA Award dumber 10-SR 17000-01
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~~, _ federal Grant itnftirfirl'a~ian ' . - - , .
Mayor lve Adame
City of Corpus Christi
i201 Leopard Street
Corpus Christi, TX 78401
Homeland Security Grant Rrogram
Federal Grant Title: (H5GP)
State Homeland Security
Program(SHSP)
Federal Grant Award Number. 2010-55-TO-0008
Date Federal Grant Awarded to TxDP5: August 1, 2010
Department of Homeland Security
Federal Granting Agency; FEMA
Grant Programs Directorate
f's. _ ~ . 'Award;.Aiit~~ioun#ant~,fTrar-t Brea~"tipW,l!~ ~ ~ , ~ a ,.~ - ' , '_
SHSP-LETPA
Award Amount
(f=ederal)
CFDA; 97.073
$445,114.00
Grant Period:
From: To:
Aug 1, 2010 )uf 31, 2012
(The SAA moat receive a!f invoices by the ehd of grant
period)
b. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public I
Law 111-83). I
7. Method of Payment: Primary method is reimbursement.
8. Debarmen#/Suspension certification: The Sub-Recipient certifies that the sub-recipient and its contractors/vendors are not
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do
not appear in the ExcEuded Parties List System at http://www,epis.gov.2.8.9024.0
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Approving TxDPS Official: Signature of TxDPS Official:
Janice E. Bruno, Administrator
State Administrative Agency
Texas Department of Public Safety
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113. Bnter Employer identification Number (EIN) /Federal Tax Identification Number: T2: Da#e Signed
f! 7~-~OOa~~a~ ~~ ~ 1 ~ j~ v
2Q~.0-451 A~TN ~~~
Res. 028866
~1I1f/I1O f applicable) must be returned to TxDPS on or before the above due date.
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~. Dept. of Public Safety
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20'10 TERMS AND CONDITIONS
The Suh-recipient must:
7. Ff1I in the cnntacf infarmauon and sign the Sub-Recipient Award
2. Certify they have read and undersfand the Terms and Canditfons 6y initialing fire bottom of eaoh page.
3. Ffff in the contact informaffon located on Page 4.
4. Certify fo the sfafements provided in Exhibits A and B and C located at the back of this document by filling fn contact fnformafion
and signing Both exhibits.
5. Refum all documents to the 5AA fn accordance with the date provided fn the transmftfa! letter and/ar in the agreement.
Parties to Suh-recipient Agreement
This Sub-recipient Agreement (includes the Sub-recipient Award and the Terms and Conditions) is made and entered into by and between
the Depariment of Public Safety /State Administrative Agency, (DPS/SAA) an agency of the State of Texas, hereinafter referred #o as
"DPSISAA," and the funds recipient, hereinafter referred to as the "Sub-recipient." Furthermore, DPSISAA and the Sub-recipient are
collectively hereinafter refen'ed to as the `Parties." The Sub-recipient Agreement is only an offer anti! the Sub-reciplent returns the signed
copy of the 2010 Sub-recipient Agreement in accordance wi#h the date provided in the transmittal letter andlor in the agreement
Sub-recipient Agreement Award.
Sub-recipient must not assign or transfer any interest in this Sub-recipient Agreement without the express, prior written consent of the SAA.
~i ryi~w; and Performance Standards
Alt allocations and use of funds under this rant must be in accordance with the PY 2U70 Guidelines and Application iCit for the
Federal Grant Title specified on the Sub-reciplent Agreement Award. All award Sub-recipeen#s are reduired to have read, understood
and accepted the FY 20'EO Guidance and Application Itit as binding.
Standard of Performance. The.Sub-recipient shall perform all activities and projects entered into the SAA web-based grants management
system approved by its Regional Planning Group 1 Urban Area Working Group andlor by the State Administrative Agency (SAA) as
applicable. Ths Sub-recipient shall pertorm ail activities In accordance with a i terms, provisions and rec{uirements set forth in this
Sub-recipient agreement, Terms and Conditions and the foiiawing F,achibits Eocated at the end of this document:
t . Assurance -Non-Construction Programs, hereinafter referred to as "Fachiblt A"
2. Assurenoe -Construction Programs, hereinafter referred #o as "iExhibit B"
3. Certification, hereinafter referred to as "Exhibit C"
Failures tg„Qerform, in the event the Sub-recipient fails to implement the prajectSs) entered into the 5AA web-based grants management
system, or comply wi#h any of this Sub-recipient agreement's provisions, m addition to the remedies specified in this Sub-recipient
agreement, the Sub-recipient is liable to DPS/SAA for an amount not to exceed the award amount of this Sub-reciplent agreement and may
be barred from applying forar receiving additional l3FiS/FEMA grant grogram funds ar any other federal program funds administered by
DPSISAA until repayment to DPSISAA is made and any other complrance or audit finding is satisfactorily resolved.
Initial Date p
Pege 2 OF 17
Measure of Liability. DPSISAA shalt not be liable to the Sub-recipient for any costs incurred by the Sub-recipient that are not allowable costs.
' i t m nt ®fin d and i b' ' The term "Sub-recipient agreement funds" as used in this Sub-recipient
agreement means funds provided by DPSISAA under the 17 SIFEMA grant programs. The term "Sub-recipient's funds" or match funds as
used in this Sub-recipient agreement means funds provided by the Sub-recip€ent.
Notwithstanding any other provision of this Sub-recipient agreement, the total of all payments and other obligations incurred by DPS/SAA
under this Sub-recipient agreement shall not exceed the Total Award Amount listed an the cover page of the Sub-recipient agreement.
Sub-recipient shall contribute the match funds listed on the Sub-recipien# Award page.
t=xcess Payments. The Sub-recipient shall refund to DPSISAA any sum of Sub-recipient agreement funds #hat has been paid to the
Sub-recipient by DPSISAA or that DPSISAA determines has resulted in overpayment to the Sub-recipient or that DPSISAA determines has
not been spent by the Sub-recipient in accordance with this Sub-recipient agreement. No refund payment(s) may be made from local, state
or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub-recipient shall make
such refund to DPS/SAA within thirty {3l}) days after DPS/SAA requests such refund.
In the event the Sub-recipient tails to comply with any of this Sub-recipient Agreement's terms, DP5ISAA may, upon written not cation to
the Sub-recipient, suspend this Sub-recipient agreement in whale or in part, withhold payments fo the Sub-recipienf and prohibit the
Sub-recipient from incurring additional obligations of Sub-recipienf agreement funds.
DP_S/SAA's_Riglltt~Ierminate. DPSISAA shall Nava the right to terminate this Sub-recipient agreement, in whole or in part, at any time
before the end of the Performance Period, whenever DPS/SAA determines that the Sub-recipient has failed to comply with any of this
Sub-recipient agreement's terms. DPSISAA shall notify the Sub-recipient in writing prior to the thirtieth (3L1th) day preceding the termination
of such determine#ion and include:
the reasons for such termination;
2. the effective date of such termination; and
in the case of partial termination, the portion of the Sub-recipient agreemen# to be terminated.
Appeal will be made to the Deputy director of Homeland Security, Department of Public Safety.
In taking an enforcement ac#ion, the awarding agency will provide the sub-recipient an opportunity for such hearing, appeal, or other
administra#ive proceeding to which the sub-recipient is entitled under any statute or. regulation applicable to t e action involved.
Initial Date
Page 3 OF 17
Na employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administra#ian of a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
~[oni~Qr~n~f
Sub-recipien#s will be monitored periodically by federal or state agencies, both programmatically and financially, to ensure #hat project goals,
objec#ives, performance requirement, timelines, miles#one completion, budget, and other related program criteria are being met.
DPS/SAA reserves the right to perform periodic office-based andlor on-site monitoring of the Sub-recipient's compliance with this
Sub-recipient agreement`s terms and conditions and of the adequacy and timeliness of the Sub-recipient's performance pursuant #o this
Sub-recipient agreement. After each monitoring visit, DPSISAA shall provide the Sub-recipient with a written reporf of the monitor's
findings. if the monitoring report notes deficiencies in the Sub-recipient's performance under this Sub-recipien# agreements terms, the
monitoring report shall include requiremenfs for the timely correction of such deficiencies by the Sub-recipient. Failure by the Sub-recipient
to take action specified in the monitoring report may be cause far this Sub-recipient agreement's suspension or temtination pursuant to the
Suspension and/ar Termination Section.
Ar~cjit QfFederal and_5tate .Funds. The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of
Sub-recippient agreement funds received and performances rendered under this Sub-recipient a~reement as required by the Single Audit
Act (OMB Circular A -133; 44 C.F.13. 13.26) and as outAned in Exhibit A. The Sub-recipient wil also comply, as applicable, with Texas
Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS}, State Uniform Administrative
Requirements for Grants and Cooperative Agreements.
DP~(SAA's Richt to Audit. DPSISAA reserves the right to conduct a financial and compliance audit of Sub-recippient agreement funds
received and performances rendered under this Sub-recipient agreement. The Sub-recipient agrees #o permit DP5ISAA ar its authorised
representative to audit the Sub-recipient's retards. The sub-recipient shall provide any documents, materials or information necessary to
facilitate such audit.
b- i i is Li bill i]i all we t .The Sub-recipient understands and agrees that it shall be liable to DPSISAA for any casts
disallowed pursuant to financiaE and compliance audi#(s} of Sub-recipient agreement funds. The Sub-recipient further understands and
agrees that reimbursement to DPSISAA of such disallowed costs shall be paid by the Sub-recipient from funds #hat were not provided or
otherwise made available to the Sub-recipient pursuan# to this Sub-recipient agreement or any other federal contract.
Sub-recipients_F~cilitativt~of~4udit. The Sub-recipient shat[ take such action to facilitate .the performance of such audit(s) conducted
pursuan# to this Section as DPSISAA may require of the Sub-recipient. The Sub-recipient shall ensure that this clause concerning the
authority #o audit funds received indirectly by subcontractors through the Sub-recipient and the requirement to cooperate i5 included in any
subcontract it awards.
Ofher R„~auiremenits
A. During the performance period of #his grant, Sub-recipients must maintain an Emergency Management Pian at the Intermediate
Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM) . This may be
accomplished by a jurisdiction maintaining its own emergency management plan or partra~ating in an inter jurisdictional emergency
management program that meets the required standards. if TDEM identifies deficiencies rn the Sub-recipient's plan, Sub-recipient wilt
correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.
Initial Date C)
Page 4 OF 17
B. Projects identified in the SAA web-based grant management system must identify and relate to the goals and objectives indicated
by the applicable approved project investments for the perod of performance of the grant.
G. During the performance period of this gran#, Sub-recipient agrees that it will participate in a legally-adopted county andlar regional
mutuaE aid agreement.
D. During the performance period, the Sub-recipien# must be a registered user of the Texas Regional Response Network (TRRN}and
identify all major resources such as vehicles and trailers, equipment cos#ing $5,000 or more and specialized teamslresponse units
equipped andlor trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is #o
ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid.
E. Sub-recipients must submit Fiscal Year 2010 Indirect Gost Alfocatian Plan signed by Gognizant Agency - "Gagnizant agency"
means the Federal agency responsible for reviewing, nego#iating, and apprpving cost allocation plans or indirect cost proposals
developed under 2 GFR part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies. Plan should be
forwarded to the SAA along with the Planning and Administration Grant Budget Form.
F. Council of Governments (COG) wilt follow guidelines fisted in the SAA FY 10 GOG Statement of Work.
G. Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves aroyalty-free, non-exclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any
work developed under an award orsub-award; and (2) any rights of copyright to which a recipient or ub-recipient purchases
ownership wi#h Federal support. The sub-recipien# agrees to consult with DPSISAA regarding the allocation of any pa#en# rights that
arise from, or are purchased with, this funding.
~losin~ the Grant
A. The Sub-recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the
end of the performance period listed on the sub-recipient agreement.
B. DPSISAA will close asub-award after receiving Sub-recipient's final pertarmance report indicating that all approved work has been
completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling
actual costs to awards modifications and payments. If the close out review and reconciliation indicates #hat the Sub-recipient is owed
additional funds, DPSISAA will send the final payment automatically to the Sub-recipient. If the Sub-recipient did not use ail the funds
received, DPSISAA wiEl issue a Grant Adjustment Notice (GAN) to recover the unused funds.
C. A# the completion of the sub-recipient's performance period, DPS/SAA will de-obligate all uncommitted 1 unexpended funds.
ri i n i im r
A. Incases where fatal funding Is esfablished 6y a COG or UASI, governing board, the release of funds by DPSISAA is contingent
upon funding allocation approval by the governing board.
B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DPSISAA's obligations under this
agreement are contingent upon the receipt of adequate funds to meet DPSISAA's liabilities hereunder, except as required 6y IiAGGP
and FiSGA grants_ DPSISAA shall not be liable to the Sub-recipient for casts under this Agreement which exceed the amount specified
in the Notice of Sub-recipient Award.
C. All notices or communication required or permitted #o be given by either party hereunder shat! be deemed sufficiently given if mailed
by registered mall or certified mail, return receipt requested, ar sent by overnight courier,. such as Federal Express, to the other party at
I#s respective address set forth below or #o the Point of Contact listed far the sub-recipient in the SAA Gran#s Management System
shall be deemed received the following business day.
Initial Data ~ l .v
Page 5 pF 17
FIII-Ip Contact Inrormatlan
Deputy Director, Hamaland Security
Texas Departmen# of Pubic Safety
State Administrative Agency
P.O. Box 4087
TX 78773-p22Q
Name: 3oe Adame
Title: MayUr Df COrpUS Christi
Agency: City of Corpus Christi
Address: 1201 Leopard
Corpus Christi, Texas 7$401
ni A mini r iv i n A i R n
Except as specifically modified by law or this Sub-recipient agreement's provisions, the Sub-recipient shall administer the award through
compliance with the most recent version of all applicable Laws and Regulations. Anon-exclusive list is provided below
A. Administrative Requirements
1. 44 C.F.R. Part 13, Uniform Administrative Requiremen#s for Grants and Cooperative Agreements to State and Loca!
Governments;
2. 2 C.F.R. Par# 215, Uniform Administrative Requirements for Grants and Agreements wi#h Institutions of Higher >rducation,
Hospitals and Other Non-Profit Organizations (OMB Circular A-110).
B. Cost Principles
1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB CircularA-87)
2. 2 C. F.R. Part 220, Cost Principles for Education Institutions (OMB Circular A-21 }
3. 2 C.F.R. Par# 230, Cost Principles for Nvn-Profit Organizations (OMs Circular A 122)
4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations
C. Audit Requirements -OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations.
D. Sub- recipien# understands and agrees that it cannot use any fiederal funds, either directly or indirectly, in support of the enactment,
repeat, modification or adoption of any law, regulation or policy, at any Eevel of government, without the express prior written approval of
FEMA.
E. The sub-recipient agrees that al! allacatians and use of funds under this grant will be in accordance with the applicable FY2Q10
Grant Program Guidance and Application Kit.
F. The recipient must provide information to F'EMA to assist wi#h the legally-required environmental planning and historic preservation
(EHP) review and to ensure compliance with applicable EHP laws and Executive Orders (EO). These EHP requirements include but
are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, EO 11988 -
Fioodplain Management, EO 1199Q -- Protection of Wetlands, and EO 12898 -Environmental Justice. Tile recipient must comply with
all f=ederal, State, and local EHP requirements and obtain applicable permits and clearances.
Recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, ar relates to the
use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical
securi#y enhancements involving ground disturbance, new construction, and moditicafions to buildings that are 50 years old or older.
Recipient must comply wf#h all mitigation or treatmenf measures required for the project as the result of FEMA's EHP review. Any
changes to an approved project description wffl require re-evaluation for compliance with EHP requirements before the projec# can
proceed. If ground disturbing activities occur during projec# implementation, the recipient must ensure moni#oring of ground disturbance
and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify
FEMA and the appropriate State Historical Preservation Office. Initiation of these activities prior to completion of FEMA's EHP review
viii result in anon-compliance finding and may not be eligible far grant funding.
G. Sub-recipient shall also comply with all o#her federal, state, and local laws and regulations applicable to this Sub-recipient
agreement's activities and performances rendered by the Sub-recipient including but no# limited to the laws and the regulations
promulgated in State Administrative Agency inforriiation Bulletins, and Texas Uniform Grants Management Standards (UGMS).
H. The sub-recipient((s) must, in addition to the assurances, comply and require each of its subcontractors employed in the completion
of the project to campfy with all applicable statutes, regula#ions, executive orders, OMB circulars, terms and conditions of the award,
and the approved application.
Initial Date t! C?
vage 6 OF 17
Retention and Accessibility of Records
Betgntion_of Recor~l„s. The Sub-recipient shall maintain €iscal records and supporting documentation for all expenditures of Sub-recipient
agreement funds pursuant to the applicable OMB Circular and this Sub-reclpient agreement. The Sub-recipient shall re#ain these records
and any supporting documentation for the greater of three (3) years from the completion of this project's public objective, including program
requiremen#s and financial obligations, or the period of time required by other applicable laws and regulations. Sub-recipient shall comply
with 44 CFR Section 93.42 and UGMS §-_.42
~4gress tc~ Rg4.Ql:~, The Sub-recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the
United States, the Texas State Auditor, DP5ISAA, or any of #heir duly authorized representatives, access to and the right to examine all
books, accounts, records, reports, files, other papers, things or property belonging to ar in use by the Sub-recipient pertaining to this
Sub-recipient agreement including records concerning the past use of bHSIFEMA funds. Such rights to access shall continue as long as
the records are retained by the Sub-recipient. The Sub-recipient agrees to maintain such records in an accessible location and to provide
citizens reasonable access to such records consis#ent wifh the Texas Public Information Act, ,and Texas Government Code Chapter 552.
Inclu ion in Subcontracts. The Sub-recipien# shall include the substance of this Section in a!I subcontracts.
SianatQrv Auth~f~y. The Sub-recipient assures and guarantees that the Sub-recipient possesses the legal authori#y to enter into this
Sub-recipient agreement, receive Sub-reclpient agreement funds and #a perform the services the Sub-recipient has obligated itself to
perform pursuant to this Sub-recipient agreement.
Authorized Representative. The person or persons signing and executing this Sub-recipient agreement on the Sub-recipient's behalf do
warrant and guarantee that he, she or they have been duty authorized by the Sub-recipient to execute this Sub-recipient agreement on the
Sub-recipient's behalf and to validly and legally bind the Sub-reclpient to all contractual terms, performances and provisions.
Conflicts in Requirements. If conflict exists between federal, state, or focal requirements, the sub-recipient shalt comply with the strictest
requirement. .
Notice, ofliti~afion_and_ Claims
The Sub-recipient shall give DPSISAA immedia#e notice in writing of any action, including any proceeding before an administrative agency,
filed against the Sub-recipient arising out of the performance under this Sub-reclpient agreement
Except as otherwise directed by DP5ISAA, the Sub-recipient shall famish immediately to DPSISAA copies of ail documenta#ion qr pleadings
received by the Sub-recipient with respect to such action or claim.
Non-Waiver of Defau~s
ANY FAILURE OF DPSISAA, AT ANY TIME, TO ENFORCE OR REQUIRE TWE STRICT KEEPING AND PERFORMANCE OF ANY
PROVISION OF THIS AGREEMENT WILL NDT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR
SAME OR THE RIGHT OF DP5ISAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS
DPSISAA EKPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPSISAA SHALL NOT CONSTITUTE A WAIVER
OR OTHERWISE IMPA[R OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPSISAA TO ENFORCE
ITS RIGHTS, AS SUCH RIGHTS, POWERS, PRIVILI=GES, AND REMEDIES ARE SPECIFICALLY PRES RVED.
Initial Date ~[J
Page 7 OF ]7
Indemnity
AS PERMITTED BY LAW, SUB-RECIPIENT SMALL INDEMNIFY, DEFEND AND HOLD DPSISAA AND THE STATE OF TEXAS
FIROM AND AIGAINST ANY OF THE O! LLOWING THAT ARISEEOUTGOF OR RESULT FROM SUB REG$PI~NTD'S NEGLIGEiVCER(A~fYSS
AND ALL}, FAULT, ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR
FEDERAL LAW ANDIOR REGULATION, AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND10R
CONVENTION ANDIOR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES;
LIABILITIES; PENALTIES; TAXES; FWES; INTEREST; EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNI=YS' Z=EES, COURT
COSTS, INVESTIGATION COSTS AND ALL DIRECT OR INDIRECT COSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY
CLAIM, LAWSUIT, OR OTHER PROCEEDING, INCLUDING THOSE EXPENSES INCURREt7 IN RNY NEGOTIATION, SETTLEMENT, OR
ALTERNATIVE DISPUTE RESOLUTION); ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH A5 DIRECT, GENERAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OFANY KIND {INCLUDING LOST REVENUES OR
PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA} ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO
TH1S AGREEMENT OR THE RIGHTS PROVIDED THEREIN.
IN ANY AND AI_L CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB-RECIPIENT OR ANY EMPLOYEE
OF ITS SUBCONTRACTOR{S}, THE INDEMNIFICATION OBLIGATION I.fNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY
BY THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB-RECIPIENT OR ANY
OF ITS SUBCONTRACTORS} UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER
EMPLOYEE BENEFITS ACTS.
SUB-RECIPIENT SHALL COORDINATE ITS DEI=ENSE AND ANY SETTLEMENT WITH THE ATTORNt;Y GENERAL FOR THE STATE
OF TEXAS AS REQUESTED 8Y THE DPSlSAA. IN ANY SETTLEMENT, SUB-RECIPIENT MU5T NOT MAKE ANY ADMISSION OF
LIABILITY ON THE PART OF ANY OF THE INDEMNITEES.
THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR
RIGHT WHICH ANY OF THE INDEMNITEES HAVE BY LAW OR EQUITY.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Chances and Am~ndm~n~~.
Written Amendment. Excapt as specifically provided otherwise in this Sub-recipient agreement, any alterations, additions or deletions to
this Sub-recipient agreement's terms shaii ba made through Grant Adjustment Notices generated by the SAA web-based grants
management system and executed by the Parties.
t i t A .During the period of this Sub-recipient agreement's performance DPSISAA and/ar FEMA may Issue policy directives
that serve to establish, interpret or clarify this Sub-recipient agreement's performance requirements. Such policy directives shall be
promulgated by DPSISAA or FEMA in the form of Information Bulletins and shall have the effect of qualifying this Sub-recipient agreement's
terms and shall be binding upon the Sub-recipient as if written in the Sub-recipient agreement.
Effec# of Chances in Federal_and State Laws. Any alterations, additions, ar deletions to this Sub-recipient agreement's terms that are
required by the changes in fedora! and state laws or regulations are automatically incorporated into this Sub-recipient agreement without
written amendment to this Sub-recipient agreement and shall become effective on the date designated by such [aw or regula#lon. In the
event FEMA yr DPSISAA determines that changes are necessary to the award document after an award has been made, +ncluding
changes tv period of performance or terms and conditions, recipients will be notified of the changes in wrifing. Once notifcation has been
made, any subsequent request for funds will Indicate sub-recipient acceptance of the changes to the award.
Initial Date t~
Page 8 OF I7
dead/nas
Headings and captions of this Sub-recipient agreement's sections and paragraphs are onEy for convenience and reference. These headings
and captions shall not affect or modify this Sub-recipient agreement's terms or be used to interpret or assist in the construction of this
Sub-recipient agreement.
For purposes of litigation pursuant to this Sub-recipient agreement, venue shall lie in Travls County, Texas, and be governed by Texas Law.
Initial Cate ~ d
page 9 pF 37
Special Conditions
2010 Qperation Stonegarden {OPSG) Specific:
1) The recipien# is prohibited from obligating or expending Operation S#onagarden (OPSG) funds provided #hrough this award until
each unique, specific or modified county level or equivalent Operations! Order/Frog Operations Order with embedded estimated
operational budget has been reviewed and approved through an pfficial email notice issued by FEMA removing this special
programmatic condition. The Opera#ivns Order approval processlstructura is as follows: Operations Orders are submitted to (f) the
apprppriate Customs and Border Protection (CBP) Border Patrol (BP Sector Headquarters (HQ}; upon approval by the Sector HQ,
forwarded through the Border Petro! Enforcement Transfer Sys#em (PETS) sys#em #o (2) the OPSG Coordinator, CBPIBP
Washington, DC and upon approval forwarded to (3)1=ederal Emergency Management Agency (FEMA), Grant Programs Direc#orate
(GPD). Grant Development and Administration Division (GD&A). Notification of release of programmatic hold will be sent by FEMA via
email to the State Administrative Agency {SAA) wi#h a copy to OPSG Coordinator at CBPIBP HQ, Washington DC.
General:
1)
a) Provisions applicable to asub-recipient that is a private entity.
i} You as asub-recipient, your employees, may not:
(1) Engage in severe forms of trafficking in persons during the period of #ime that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in effect: or
(3) Llse forced labor in the pertormance of the award or sub-award under this award.
ii) We may units#eraily terminate this award, without penalty, If the sub-recipient that is a private entity:
(1) fs determined to have violated a prohibition in paragraph 1 a of this award term; or
(2) Has an employee who is determined by the agency ofFicia! au#horized to terminate the award to have violated a
prohibition of this award term through conduct that is either:
(a} Associated with pertormance under this award; or
(b) Imputed to you or the sub-recipient using the standards and due process for imputing the conduct of an individual
to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Govemment Debarment and
Suspension (Nan-procurement}," as implemented at 2 CFR Part 3000.
b} Provisions applicable #o a sub-recipien# that Is other than a private entity. We may unilaterally terminate this award, without
penalty, if the sub-recipient that is a private entity:
i} Is determined #o have violated a prohibition in paragraph 1 a of this award term; or
ii) Has an employee who is determined b)r the agency official authorized to terminate the award to have violated an
applicable prohibition in paragraph a1 of this award term through conduct that is either:
(1) Associated with performance under this award; or
(2) Impu#ed to you or the sub-recipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Govemment Debarment and
Suspension (Non-procurement)," as implemented at 2 CFR Par# 3000.
c) Provisions applicable to any recipient:
i) You must inform us immediately of any information you received from any source alleging a violation of a prohibition in
paragraph a1 of this award term.
ii) Our right to terminate unilaterally that is described in 1 b or Z of this section:
(1) Implements section 10ti(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (Z2 t1.S.C. 7104 (g),
and
(2) Is in addition to all other remedies far noncompliance that are available to us under thi award.
Initial Date ~~
Page 10 OF 17
ill) Yau must include the requirements of 1 a of this award term In any sub-award you make to a private entity.
d) Qefinitions. For purposes of this award term:
i) "Employee" means either:
(1 } An individual employed by asub-recipient who is engaged in the performance of the project or program under this
award: ar
(2) Another person engaged in the performance of the projector program under this award and not compensated by you
including, but not limited to, a volunteer or individual whose services are contributed 6y a third party as an m-kind
contribu#lon toward cost sharing or matching requirements.
ii) "Forced labor' means lobar obtained by any of the following methods: the recruitment, harboring, transportation, prevision,
or obtaining of a person fpr labor or services, #hraugh the use of force, fraud, or coercion for the purpose of subjec#ion to
involuntary servifude, peonage, debt bandage, or slavery.
iii) "Private entity" means:
~) Any en#ity other than a State, local gavemment, Indian Tribe, or foreign public entities, as those terms are defined in 2
FR 175.25.
(2) Includes:
(a) Anon-profit organization, including any nonprofi# institution of higher education, haspitai, or tribal organization
ether than one included in the definition of Indian Tribe at 2CFR 175.25(b},
(b} Afor-profit organization
lv) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meaning given at sec#ion 103 of the
TVPA, as amended (22 U.S.C. 7102).
2)
a) Classified national security information as defined in Executive Order (EO)12958, as amended, means information that has
been de#ermined pursuant to EO 1295$ or any predecessor order to require protection against unauthorized disclosure and is
marked to indicate its classified status when in documen#ary form.
b) No funding under this award shall be used to support a contract, sub-award, or other agreement far goods or services that will
include access to classified national security information if the award recipient has not been approved for #haf access to such
informs#ion
c) Where an award recipient has been approved for and has access to classified national security information, no funding under
this award shall be used to support a contract, sub-award, ar other agreement for goods or services that will include access to
classified national security information by the contractor, sub-awardae, or other entity wfihou# prior wri#ten approval from the 13HS
Office of Security, Industrial Security Program t3ranch(ISBP), or an appropriate official within the Federal department or agency with
whom the classified effort will be performed.
d) Such contracts, sub-awards, or other agreements shalt be processed and administered in accordance with the 13HS "Standard
Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 200$9; EO's 12829,12959, 1298$, as
amended; the National Industrial Security Program Operating Manual (NISPOM); and for o#her applicable implementing directives
or instruction. Ail security requirement documen#s are located at: http;llwww.dhs/gavlxopnbizlgrantslindex.shtm.
e) Immediately upon determination by the award recipient that funding under this award will be used to support such a contract,
sub-award, or other agreement, and prier to execution of any action to facilitate the acquisition of such a contract sub-award, or
other agreement, fhe award recipient shall contact tSPB, or the appropriate Federal department or agency, for approval and
processing instructions.
Please fill in +fhe appropriate information and sign.
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.~14a3re~.af Corpus Christi
City of Corpus Christi
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Initial Date ' C]
Page 11 Of 17
Sub-recioie Organization
EXH161T A
ASSURANCES - N~?N•CONSTRUGTION PROGRAMS
As the duly authorized representa#ive of the sub-recipient, I certify that the sub-recipient:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability {including funds
sufficient to pay the non-Federal share of project cost) to ensure proper punning, managemen# and completion of the protect described
in this agreement.
2. Will give fhe Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, through any au#horized represen#ative, access to and the right to examine all records, books, papers, or
documents related #o the award; and will establish a proper accounting system in accordance with generally accep#ed 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 1974 (42 U.S.C. §§4728-47fi3) tale#ing to pprescribed 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 no# limited to: (a) Title Vi of fhe Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination pn the basis of race, color or national origin; (b) TI#le IX of the Eduction
Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 544 of the Rehabilitation Act of 1973, as amended {29 U.S.C. ~794~, which prohibits discrimina#ion on the basis of handicaps;
{d) the Age Discrimination Act of 1975, as amended (42 U. .C. §§610 -61 7), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of i 972 (P.L. 92-255), as amended, tale#ing #o nondiscrimina#ion on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilita#ion Act of 1970 (P.L. 91-fiifi), as amended,
tale#ing 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 294 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 nondiscrimina#ion in the sale, rental or financing of
housing; (~ any other nondiscrimina#ion provisions in the specific statute(s) under which agreement for Federal assistance is being
made; an , {i}the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the re uirements of Titles II and Ill of the Unifprm Retoca#ion Assistance and Rea[
Property Acquisition Policies Act of 1970 (P.L. 91-646 which provide for fair and equitable treatment of persons displaced or whose
property rs acquired as a result of Federal or federally-oasis#ed programs. These requirements apply to a!I interests m 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 m whale or in part wi#h 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 tabor standards
for federally-assisted construction sub-agreements.
10. Wi[I 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 #o purchase flood
Insurance if the total cost of insurable construction and acquisition is $14,000 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 Na#ional Environmental Policy Act of 1969 {P.L. 91-190) and Executive rder {EO) 11514; (b} notification
of violating facilities pursuant to EO 11738; {c) protection of wetlands pursuant to 1=011990; {d) evaluation offload hazards In
floodploins in accordance with EO 11988; (e) assurance of protect consistency with the ap roved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (~} 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. Wi[I comply with the Wild and Scenic Rivers Act of 1968 {16 U.S.C. §§1271 et seq.) related to protec#ing components or potential
components of the national wild and scenic rivers sys#em.
initial a#e
Page 12 OF 17
13. Wiif assist the awarding agency in assuring compliance with Section 106 of the Na#ional Historic Preserva#ion Act of 1966, a5
amended (16 U.S.C. §470), EO 11593 (fdentifica#ion and protac#ion of historic properties}, and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
94. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activi#ies
supported by this award of assistance.
15. Will comply with the Labora#ory Animal Welfare Act of 9966 (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 ather activities supported by this award of
assistance.
16. WiIE 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 Audl# Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Loca! Governmen#s, and Non-Prvfft Organizations."
18. Will comply with aEl applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this
program.
Please fill in the approprlafe information and sign,
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Initial ~ Date ~
Page 13 OF 1T
City O~ CDrpU5 Christi
EXHIBIT B
ASSURANCES - CON5TRUCTION PROGRAMS
As the duly authorized representative of the sub-recipfent,l certify that the sub-recipient:
1. Has the legal authority to apply for Federal assis#ance, and the institutional, managerial and financial capability (including funds
sufficient fo pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in
this agreement.
2. WIII give the Department of Namaland Security, the Department of Public Safety, the Comptroller General of fhe United States and,
if appropriate, the State, the righ# to examine all records, books, papers, or documents related #o the assis#ance; and will establish a
proper accoun#ing system in accordance with generally accepted accounting standards or agency directives.
3. Will na# 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 fhe awarding agency. Will record the Federal awarding agency directives and will include a covenant
in the ti#le of real property acquired in whole or In part wi#h Federal assistance funds to assure nondiscrimination during the useful life
of the project.
4. Will comply with the requiremen#s 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 famish progressive reports and such other information as may be
required by the assistance awarding agency or State.
6. Will initiate and campfe#e the work within the applicable #ime frame after receipt of approval of the awarding agency.
7. Will es#ablish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents fhe appearance
of personal or organizational conflict of in#eresf, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§472$-4763) relating to prescribed standards of merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Meri#
System of Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with fhe Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based
pain in construction or rehabilitation of residence structures.
10. Will comply with alt Federal statutes relating to nondiscrimination. These include but are not limited ta: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination an 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 1665-1686), which prohibits discrimination an the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29} U.S.C. §794}, which prohibits dESCriminatian on the basis of handica s;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§8101-6107), 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 an the basis of drug abuse;
(f} the Comprehensive Alcohol Abuse and Wcohofism Preven#ion, treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination an the basis of alcohol abuse or alcoholism; (g} §§523 and 527 of the Public Heaffh 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 1988 (42 U.S.~. §§3601 e# seq.}, as amended, relating to nondiscrimination in the safe, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statue{s} underwhich agreement for Federal assistance is being
made; and Q) the requirements of any other nondiscrimination statue(s) which may apply to the agreement.
11. Will comply, or has already complied, wi#h the re uuaments of Titles fl and Ill of the Uniform Relocation Assis#ance and Real
Property Acqwsition Policies Act of 1970 (P.L. 91-646 which provide for fair and equitable tree#manf of persona displaced or whose
property is acquired as a resul# of Federal and federally-assisted programs. Those requirements apply to elf interests in real property
acquired for project purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of fhe Hatch Aet (S U.S.C. §§1501-1508 and 7324-7328] which limit the poll#ical activities of
employees whose principal employment ac#ivities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of fhe 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 Contrac# Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor s#andards
for federally-assisted construction sub-agreements.
14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L.
93-234} which requires recipients fn 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.
Ini#ial Date
Page 34 6F 17
15. Will comply with environmental standards which may be prescribed pursuant #o the foifowing: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EQ} 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11980; (d}evaluation of flood hazards in
Hoodploins in accordance with EO 11968; (e) assurance of project consistency with the approved State managemen# program
developed under the Coastal Zone Managemen# Act of 1972 (1ti 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 e# seq.}; ( )
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (f .L. 93-523); an~, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Ac# of 1988 (16 U.S.C. §§1271 et seq.) related to protec#ing components ar potential
components of the national wild and scenic rivers system.
1 T. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1868, as
amended (1B U.S.C. §470}, EO 11593 (identifica#ion and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1 74 (16 U.S.C. §§469a-1 et seq).
18. Will cause to 6e erformed 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 Organizatian5 "
79. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this
program.
Please fill in the appropriate information and sign.
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Initial -Date
Page 15 of 17
City of Corpus Christi
Exhibit C
Certifications
The undersigned, ~ (print), as the authorized official of
fa the best of hislher knowledge and belief.
C1.1~ 0~ COI'pLl5 ~tlt'i5t1
certifies the following
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 an agency, a Member of Congress, an officer or employee of Congress, or an
employee ar a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment,
of modification of any Federal contract, grant, loan, or cooperative agreement.
l3. ff any funds other #han Federal appropriated funds have been paid or will be paid fa 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 or a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form-LLL °Disclosure of Lobbying Activities," in accordance with its instructions
C, The undersigned shalt require that the language ofi this certification be included in the award documents for all sub-awards at all
tiers (including subcontract, sub-grants, and con#racts under grants, loans, and cooperative agreements) and that ail sub-recipients
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 certifica#ion shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
D. As required by F_xecu#ive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective
participants in primary covered transactions, a5 defned a# 28C.F.R. Part 67, Section 67.510. (Federal Certification) The
Sub-recipient certifies that it and its principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a
State or Federa! court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub-recipients
can access debarment informa#ion by going tonrwvv.e s~QVand the State Debarred Vendor List htfp:/lwww.window.state.fx.us/prc
.windo .sfafe.tx.us o endor erf r rr
2. Move not within athree-year period preceding this agreement been convicted of or had a civil 'udgment rendered against
#hem for commission of fraud or a criminal offense in connection with obtaining, attempting to obta~n, or performing a public
(Federal, State, or local) transaction or contract under a ublic transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, #heft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, S#a#e, ar local)
with commission of any of the offenses enumerated in paragraph (D)(2} of this certifrcation; and
4. have not within a three year period preceding this agreement had one or more public transactions (Federal, State, ar
local) terminated for cause or default; and
5. Where the sub-recipient is unable #o certify to any of the s#a#ements in this certification, he yr she shall attach an
explanation to this agreement. (Federal Certification}
E. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that
have been appropnated for the same purpose. Sub-recipient maybe required #o supply documentation certfying that a reduction in
non-federa[ resources occurred for reasons other than the receipt or expec#ed receipt of federal funds.
F. Sub-recipien# must comply with 2 CFR Part 180 Subpart C as a condition of receiving grant funds, and sub-recipient must
require such compliance in any sub-grants or contract at the nex# tier.
G. Will comply with all applicable requirements of ail other federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this program.
H. Drug-free Workplace Act, as amended, 41 tJ.S.C. §741 et seq. -Requires the recipient to publish a statement about its
drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel)
who will be involved ~n award-supported aotivitres at any site where these activities will be carried out. Also, pEace(s~ where work is
being pertormed under the award (i.e., street address, aty, state, and zip code) must be maintained on fife. The recipient must notify
the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional
information, see 44 CFR Part 17.
Initial Date
Page 16 OF 17
I. Understands that failure to comply with any of the above assurances may result In suspension, termination or reduction of grant
funds.
Please fill in the appropriafe informafion and sign.
pus Christi C.i~
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Page 17 OF 17