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C2010-452 - 11/16/2010 - Approved
October 20, 201.0 Cli nt a_1. Ie a1. rAddres Mayor Joe Adame City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 MMRS Award Amount (Federal) CFDA: 97.071 $317,419.00 2010 Sub - Recipient Award for City of Corpus Christi 2, Prepared by: Seals, Freddie [3. SAA Award Number: Federal Grant Title: 4 F1. eraI Gir.ant, 10 -SR 17000 -01 LO 1 TAB Homeland Security Grant Program (HSGP) Metropolitan Medical Response System (MMRS) Federal Grant Award Number: 2010 -SS -T0 -0008 Date Federal Grant Awarded to TxDPS: August 1, 2010 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Grant Period: From Aug 1, 2010 To: Jul 31, 2012 (The SAA must receive art Invoices by the end or grant period) 6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public Law 111 -83). 7. Method of Payment: Primary method is reimbursement. 8. Debarment /Suspension Certification: The Sub - Recipient certifies that the sub - recipient and its contractors /vendors are not debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http: / /www.epls,gov.2.8.9029.0 Approving TxDPS Official: Janice E. Bruno, Administrator State Administrative Agency Texas Department of Public Safety dnstApprov Signature of TxDPS Officiate I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub- Recipient official: Mayor . eseobar City of Corpus Christi C1. 11. Ma it -k- eptance &hoe. Sub- Recipient Official: 11. Enter Employer Identification Number (ON) / Federal Tax identification Number: 74- 6000574 2010 -452 Res. 028842 11/16/10 applicable) must be returned to TxDPS on or before the above due dat y coven. 1 1 Tx. Dept. of Public Safety �1 12. Date Signed : t tl►$Ito AUT 4ORiZED 0 SEC 'ral;v 2010 TERMS AND CONDITIONS Instructions: The Sub - recipient must: 1. Fill in the contact information and sign the Sub - Recipient Award 2. Certify they have read and understand the Terms and Conditions by initialing the bottom of each page. 3. Fill in the contact information located on Page 4. 4. Certify to the statements provided in Exhibits A end B and C located at the back of this document by filling in contact information and signing both exhibits. 5. Return all documents to the SAA in accordance with the date provided in the transmittal letter and/or in the agreement. Parties to Sub- 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 Department of Public Safety / State Administrative Agency, (DPS /SAA) an agency of the State of Texas, hereinafter referred to as "DPS /SAA," and the funds recipient, hereinafter referred to as the "Sub- recipient." Furthermore, DPS /SAA and the Sub - recipient are collectively hereinafter referred to as the "Parties." The Sub - recipient Agreement is only an offer until the Sub - recipient returns the signed copy of the 2010 Sub - recipient Agreement in accordance with the date provided in the transmittal letter and /or 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. Overview. and Performance Standards All allocations and use of funds under this grant must be in accordance with the FY 2010 Guidelines and Application Kit for the Federal Grant Title specified on the Sub - recipient Agreement Award. All award Sub - recipients are required to have read, understood and accepted the FY 2010 Guidance and Application Kit 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 / Urban Area Working Group and/or by the State Administrative Agency (SAA) as applicable. The Sub - recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Sub - recipient agreement, Terms and Conditions and the following Exhibits located at the end of this document: 1. Assurance — Non - Construction Programs, hereinafter referred to as "Exhibit A" . 2. Assurance — Construction Programs, hereinafter referred to as "Exhibit B" 3. Certification, hereinafter referred to as "Exhibit C" Failure to Perform. In the event the Sub - recipient fails to implement the project(s) entered into the SAA web -based grants management system, or comply with any of this Sub - recipient agreement's provisions, in 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 - recipient agreement and may be barred from applying for or receiving additional DHS /FEMA grant program funds or any other federal program funds administered by DPS /SAA until repayment to DPS /SAA is made and any other compliance or audit finding is satisfactorily resolved. Initial ate r ( f 14/0 Page 2 OF 17 OPS /SAA Obligations Measure of Liability. DPS /SAA shall not be liable to the Sub - recipient for any costs incurred by the Sub - recipient that are not allowable costs. Sub - recipient Agreement Funds Defined and Limit of Liability. The term "Sub - recipient agreement funds" as used in this Sub - recipient agreement means funds provided by DPS /SAA under the DHS /FEMA grant programs. The term "Sub- recipient's funds" or match funds as used in this Sub - recipient agreement means funds provided by the Sub - recipient. 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 on the cover page of the Sub - recipient agreement. Sub - recipient shall contribute the match funds listed on the Sub - recipient Award page. Excess Payments. The Sub- recipient shall refund to DPS /SAA any sum of Sub - recipient agreement funds that has been paid to the Sub - recipient by DPS /SAA or that DPSISAA determines has resulted in overpayment to the Sub - recipient or that DPS /SAA 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 DPSISAA within thirty (30) days after DPS /SAA requests such refund. Suspension In the event the Sub - recipient fails to comply with any of this Sub - recipient Agreement's terms, DPS /SAA may, upon written notification to the Sub- recipient, suspend this Sub - recipient agreement in whole or in part, withhold payments to the Sub- recipient and prohibit the Sub - recipient from incurring additional obligations of Sub - recipient agreement funds. Termination DPSISAA's Rioht to Terminate, DPS /SAA shall have 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. DPS /SAA shall notify the Sub - recipient in writing prior to the thirtieth (34th) day preceding the termination of such determination and include: 1 the reasons for such termination; 2. the effective date of such termination; and 3. in the case of partial termination, the portion of the Sub - recipient agreement to be terminated. Appeal will be made to the Deputy Director of Homeland Security, Department of Public Safety. Enforcement In taking an enforcement action, the awarding agency will provide the sub - recipient an opportunity for such hearing, appeal, or other administrative proceeding to which the sub - recipient is entitled under any statute or regulation applicable e action involved. Initial Date Ita F Page 3 OF 17 Conflict of Interest No employee, officer or agent of the sub - recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Monitoring Sub- recipients will be monitored periodically by federal or state agencies, both programmatically and financially, to ensure that project goals, objectives, performance requirement, timelines, milestone completion, budget, and other related program criteria are being met. DPSISAA reserves the right to perform periodic office -based and /or on -site monitoring of the Sub- reclpient's compliance with this Sub - recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub - recipient's performance pursuant to this Sub- recipient agreement. After each monitoring visit, DPSISAA shall provide the Sub - recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub- recipient's performance under this Sub- recipient agreement's terms, the monitoring report shall include requirements 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 for this Sub - recipient agreement's suspension or termination pursuant to the Suspension and /or Termination Section. Audit Audit of Federal and State Funds. The Sub - recipient shall arrange for the performance of an annual financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient agreement as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub - recipient will also comply, as applicable, with Texas .Govemment 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. DPS /SAA's Rfaht to Audit. DPS /SAA reserves the right to conduct a financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient agreement. The Sub - recipient agrees to permit DPSISAA or its authorized representative to audit the Sub - recipient's records. The sub - recipient shall provide any documents, materials or information necessary to facilitate such audit. Sub - recipient's Liability for Disallowed Costs. The Sub - recipient understands and agrees that it shall be liable to DPSISAA for any costs disallowed pursuant to financial and compliance audit(s) of Sub- recipient agreement funds. The Sub - recipient further understands and agrees that reimbursement to DPS /SAA of such disallowed costs shall be paid by the Sub - recipient from funds that were not provided or otherwise made available to the Sub - recipient pursuant to this Sub- recipient agreement or any other federal contract. Sub-recioient's Facilitation of Audit. The Sub - recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPSISAA may require of the Sub - recipient. The Sub - recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub - recipient and the requirement to cooperate is included in any subcontract it awards. Other Requirements A. During the performance period of this grant, Sub - recipients must maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (THEM) . This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter - jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in the Sub - recipient's plan, Sub - recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM. Initial Date /f (/i 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 period of performance of the grant. C. During the performance period of this grant, Sub- recipient agrees that it will participate in a legally- adopted county and/or regional mutual aid agreement. D. During the performance period, the Sub - recipient must be a registered user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams /response units equipped and /or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to 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 Cost Allocation Plan signed by Cognizant Agency - "Cognizant agency" means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or Indirect cost proposals developed under 2 CFR 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) will follow guidelines listed in the SAA FY 10 COG Statement of Work. G. Sub - recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -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 or sub - award; and (2) any rights of copyright to which a recipient or Sub- recipient purchases ownership with Federal support. The sub - recipient agrees to consult with DPS /SAA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. Closing 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. DPS /SAA will close a sub -award after receiving Sub - recipient's final performance 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 that the Sub - recipient is owed additional funds, DPSISAA wifl send the final payment automatically to the Sub - recipient. if the Sub - recipient did not use all the funds received, DPS /SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. C. At the completion of the sub - recipient's performance period, DPS /SAA will de- obligate all uncommitted / unexpended funds. Restrictions., Disclaimers and Notices A. in cases where focal funding is established by a COG or UASI, governing board, the release of funds by DPS /SAA is contingent upon funding allocation approval by the governing board. B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DPS /SAA's obligations under this agreement are contingent upon the receipt of adequate funds to meet DPSISAA's liabilities hereunder, except as required by IECGP and HSGP grants. DPS /SAA shall not be liable to the Sub - recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub - recipient Award. C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to the Point of Contact listed for the sub - recipient in the SAA Grants Management System shall be deemed received the following business day. Initial Pape S OF 17 DPS /SAA Contact Information Deputy Director, Homeland Security Texas Department of Public Safety State Administrative Agency P.O. Box 4087 Austin, TX 78773 -0220 Sub - Recipient Contact Information (Please Fill -In Contact Information below) Name: Title: Agency: Address: Joe Adame Mayor/of Corpus Christi City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 Uniform Administrative Requirements. Cost Principals and Audit Requirements 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. A non - exclusive list is provided below A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, 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. Part 230, Cost Principles for Non- Profit Organizations (OMB CircularA -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- recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. E. The sub - recipient agrees that all allocations and use of funds under this grant will be in accordance with the applicable FY2010 Grant Program Guidance and Application Kit. F. The recipient must provide information to FEMA to assist with the legally- required environmental planning and historic preservation (EHP) review and to ensure compliance with applicable EHP laws and Executive Orders (E0). These EHP requirements Include but are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, E0 11988 — Floodplain Management, E0 11990 — Protection of Wetlands, and E0 12898 — Environmental Justice. The recipient must comply with all Federal, 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, or relates to the use of sonar equipment without the prior approval of FEMA. These Include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings that are 50 years old or older. Recipient must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re- evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring 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 will result in a non- compliance finding and may not be eligible for grant funding. G. Sub - recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub - recipient agreement's activities and performances rendered by the Sub - recipient including but not limited to the laws and the regulations promulgated in State Administrative Agency Information 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 comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of the award, and the approved application. Initial Date i /Iyk Page 6 OF 17 Retention and Accessibility of Records Retention of Records. The Sub - recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub- recipient agreement funds pursuant to the applicable OMB Circular and this Sub - recipient agreement. The Sub - recipient shall retain these records and any supporting documentation for the greater of three (3) years from the completion of this project's public objective, including program requirements and financial obligations, or the period of time required by other applicable laws and regulations. Sub - recipient shall comply with 44 CFR Section 13.42 and UGMS § -_.42 Access to Records. The Sub - recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPSISAA, or any of their duly authorized representatives, access to and the right to examine at books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub - recipient pertaining to this Sub - recipient agreement including records concerning the past use of DHS /FEMA funds. Such rights to access shall continue as Tong 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 consistent with the Texas Public information Act, , and Texas Government Code Chapter 552. Inclusion in Subcontracts. The Sub - recipient shall include the substance of this Section in all subcontracts. Legal Authority Sianatory Authority. The Sub - recipient assures and guarantees that the Sub-recipient possesses the legal authority to enter into this Sub - recipient agreement, receive Sub - recipient agreement funds and to 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 duly 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 - recipient to all contractual terms, performances and provisions. Conflicts in Reauirements. If conflict exists between federal, state, or local requirements, the sub - recipient shelf comply with the strictest requirement.. Notice of Litigation and Claims The Sub - recipient shall give DPSISAA immediate 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 - recipient agreement Except as otherwise directed by DPS /SAA, the Sub- recipient shall furnish immediately to DPS /SAA copies of all documentation or pleadings received by the Sub - recipient with respect to such action or claim. Non - Waiver of Defaults ANY FAILURE OF DPSISAA, AT ANY TIME, TO ENFORCE OR REQUIRE THE STRICT KEEPING AND PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR SAME OR THE RIGHT OF DPSISAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS DPS /SAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS /SAA SHALL NOT CONSTITUTE A WAIVER OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPS /SAA TO ENFORCE ITS RIGHTS, AS SUCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY PRESERVED. Initial Date 1(WlBWit) Page 7 OF 17 Indemnity AS PERMITTED BY LAW, SUB - RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPSISAA AND THE STATE OF TEXAS (INCLUDING ITS FROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE EO T AGENTS F OR RESULT FROM SUB- RECISPIENT'S NEGLIGENCE (ANY HARMLESS AND ALL), FAULT, ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR FEDERAL. LAW AND /OR REGULATION, AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND /OR CONVENTION AND /OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES; LIABILITIES; PENALTIES; TAXES; FINES; INTEREST; EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, 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 INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR ALTERNATIVE DISPUTE RESOLUTION); ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH AS DIRECT, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY 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 THIS AGREEMENT OR THE RIGHTS PROVIDED THEREIN. IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB- RECIPIENT OR ANY EMPLOYEE OF ITS SUBCONTRACTOR(S), THE INDEMNIFICATION OBLIGATION UNDER 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 SUBCONTRACTOR(S) UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER EMPLOYEE BENEFITS ACTS. SUB - RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE OF TEXAS AS REQUESTED BY THE DPSISAA. IN ANY SETTLEMENT, SUB - RECIPIENT MUST 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. Changes and Amendments Written Amendment. Except as specifically provided otherwise in this Sub-recipient agreement, any alterations, additions or deletions to this Sub - recipient agreement's terns shall be made through Grant Adjustment Notices generated by the SAA web -based grants management system and executed by the Parties. Authority to Amend. During the period of this Sub - recipient agreement's performance DPS /SAA and /or 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 DPS /SAA 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. Effect of Chances in Federal and State Laws. Any alterations, additions, or deletions to this Sub - recipient agreement's terms that are required by the changes in federal 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 law or regulation.. In the event FEMA or DPS /SAA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate sub - recipient acceptance of the changes to the award. Initial Date % (1! ?AO Page 8 OF 17 Headings Headings and captions of this Sub - recipient agreement's sections and paragraphs are only 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. Venue For purposes of litigation pursuant to this Sub- recipient agreement, venue shall Ile in Travis County, Texas, and be governed by Texas Law. Initial Date �i!} Page 9 OF 17 Special Conditions 2010 Operation Stonegarden (OPSG) Specific: 1) The recipient is prohibited from obligating or expending Operation Stonegarden (OPSG) funds provided through this award until each unique, specific or modified county level or equivalent Operational Order/Frag Operations Order with embedded estimated operational budget has been reviewed and approved through an official email notice issued by FEMA removing this special programmatic condition. The Operations Order approval process /structure is as follows: Operations Orders are submitted to (I) the appropriate Customs and Border Protection (CBP) Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ, forwarded through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG Coordinator, CBP /BP Washington, DC and upon approval forwarded to (3) Federal Emergency Management Agency (FEMA), Grant Programs Directorate (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) with a copy to (PSG Coordinator at CBP /BP HQ, Washington DC. General: 1) a) Provisions applicable to a sub - recipient that is a private entity. i) You as a sub- recipient, your employees, may not: (1) Engage in severe forms of trafficking in persons during the period of time 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) Use forced labor in the performance of the award or sub -award under this award. li) We may unilaterally terminate this award, without penalty, if the sub - recipient that is a private entity: (1) Is determined to have violated a prohibition in paragraph la of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition of this award term through conduct that is either: (a) Associated with performance 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 Government Debarment and Suspension (Non - procurement)," as implemented at 2 CFR Part 3000. b) Provisions applicable to a sub - recipient 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 to have violated a prohibition in paragraph 1 a of this award term; or 11) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph al of this award term through conduct that is either: (1) Associated with performance under this award; or (2) 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 Government Debarment and Suspension (Non - procurement)," as implemented at 2 CFR Part 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 al of this award term. 11) Our right to terminate unilaterally that is described in lb or 2 of this section: and Implements section 106(9) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (9), (2) Is in addition to all other remedies for noncompliance that are available to us under t is award. Initial Date (it gleo Page 10 OF 17 2) iii) You must include the requirements of la of this award term in any sub -award you make to a private entity. d) Definitions. For purposes of this award term: I) "Employee' means either: (1) An individual employed by a sub - recipient who is engaged in the performance of the project or program under this award: or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. ii) "Forced Tabor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. iii) "Private entity" means: (1) Any entity other than a State, local government, Indian Tribe, or foreign public entities, as those terms are defined in 2 CFR 175.25. (2) Includes: (a) A non - profit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2CFR 175.25(6). (b) A for - profit organization iv) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meaning given at section 103 of the TVPA, as amended (22 U.S.C. 7102). a) Classified national security information as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EC) 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. b) No funding under this award shall be used to support a contract, sub - award, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for that access to such information 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, or other agreement for goods or services that will include access to classified national security information by the contractor, sub - awardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch(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 shall be processed and administered in accordance with the DHS " Standard Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 20089: EO's 12829, 12959, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives or instruction. All security requirement documents are located at: http;// www. dhs /gov /xopnbiz/grants /index.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 prior to execution of any action to facilitate the acquisition of such a contract sub - award, or other agreement, the award recipient shall contact 1SPB, or the appropriate Federal department or agency, for approval and processing instructions. Please fill in the appropriate information and sign. �e 9 e ascolvar Type Name of Authorized Typ MalyezzmPf Corpus Christi CA Akakkcuyr- Title City of Corpus Christi Sub - recipiet Orga ization Signet est.ezi.0 e ol✓Authorized Official Date ti AU'fiioRizb► /1Y COUNCIL.. sECIET11liY ' P? flA7 V f a AI TO 6-~O r4 1 t t ;Di o g 1i-1 S WI), 14'0.) [7y pk-ss ssw ►Jr &col 14--rro'to Al , orLO Sty Initial Date // /40 Page 11 OF 17 EXHIBIT A ASSURANCES - NON - CONSTRUCTION PROGRAMS As the duly authorized representative of the sub - recipient, I certify that the sub - recipient: 1. Has the tegal 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 planning, management and completion of the project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, N appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of Interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 9 §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act 011970 (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; (1) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act 011970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally- assisted construction sub - agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of Insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (1) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Initial Date 1 ll -3fi� Page 12 OF 17 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.G. §470), EO 11593 (Identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations." 18. 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. ! cb ar- Type Name of Authorized Official Mapashof Corpus Christi Ci` Title City of Corpus Christi Sub- recipint Organization P I IPSignatjfe oaf Authorized Official Da AiPiLod sp As t.6.4 i d.I! Oj t » -r Arssi ILO ti r014 O A T I r i-ILOt AUTHORIZED aT council Initial SECRETARY Date It in/f() Page 13 OF 17 EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS As the duly authorized representative of the sub - reciplent, 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 costs) to ensure proper planning, management and completion of project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all 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. 3. 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 awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination 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 progressive 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 purpose that constitutes or presents the appearance of personal or organizational conflict of Interest, or personal gain. 8. WIiI comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -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 Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.G. § §4801 et seq.) which prohibits the use of lead -based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101 -6107 ) , which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse.and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination rovisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement. 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- 333) regarding labor standards 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 in a special flood hazard area to participate In the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Initial Date /1 WO Page 14 OF 17 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. H7401 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). 16. 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. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (Identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. 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. e e colvti- Type Name of Authorized Official Mf Corpus Christi Title City of Corpus Christi Sub- recipien Orga ization f _ e _ e k I L (fij(o Signatur of thorized Official Da e RE-0 Ttp to 11 2ost+i- .P 0 '4 C7 ASS. ts- r0-1, Ci 14rr o et,./3 DW) IT COUNCIL SEC ET A Y initial AUTHORIZED 0 Date 2l✓1ibD Page 15 OF 17 Exhibit C Certifications The undersigned, to the best of his/her knowledge and belief. (print), as the authorized official of City of Corpus Christi 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 or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, of modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or ernployee 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 Farm -LLL "Disclosure of Lobbying Activities," in accordance with Its instructions C. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontract, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all 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 certification 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 Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 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 Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub - recipients can access debarment information by going tavvvw.epls.gov and the State Debarred Vendor List hftp : //www.window.state.tx.us/prc htto: / /www.window. state. tx. us /orocurement/rirpg /vendor nerformence/deberrede 2. Have not within a three -year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or focal) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and 4. Have not within a three -year period preceding this agreement had one or more public transactions (Federal, State, or local) terminated for cause or default; and 5. Where the sub - recipient is unable to certify to any of the statements in this certification, he or 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 appropriated for the same purpose. Sub - recipient may be required to supply documentation certifying that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub - recipient 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 next tier. G. Will comply with all applicable requirements of alt 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 U.S.C. §701 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 in award - supported activities at any site where these activities will be carried out. Also, place(s) where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. 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 C C j 2/r0 Page 16 OF 17 1 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 appropriate information and sign. Title fillpeI e acbz- Type Name of Authorizedal Corpus Christi et``i City 'of Corpus Christi Sub- recipient/Orga 'zation Signatur f thorized Official D to /ly o ILOf I�Obto t; I 1 1 161 I D T. i 1t.. s H-r ) MJ ssic -rb r 1. try nr"TbefuLI t3�L Ltd k ntt-+s- BY COUNCIL S£CIETARr : -. Page 17 OF 17 1. DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Deferment Agreement (hereinafter "Agreement ") is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City ") and Alameda Plaza, L.L.C., (hereinafter "Developer "), and pertains to deferral of the completion of certain improvements required prior to filing the final plat of Lindale Park Subdivision, Block D, Lots 21 & 22 (the "plat "), which was approved by the Planning Commission on August 19, 2009. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section 111, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy -five percent (75 %) of the required improvements, before the final plat is endorsed by the City Engineer. Detailed construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the Developer has submitted written application seeking to defer, for a period up to one year, the construction of the water improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2; and further, on October 27, 2010, the Planning Commission made a finding that there exists probable cause to delay the 75% completion requirement, in accordance with Section V, Paragraph A, Subparagraph 3. b) of the Platting Ordinance; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy -five percent (75 %) of the required improvements as required by Section 111, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will provide a Trust Agreement, (hereinafter "Trust "), executed on behalf of the City, for the amount of One Hundred Five Thousand Six Hundred Twelve Dollars and 19/100 ($105,612.19), which is 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; WHEREAS, the Developer is entering into this •Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3. b) of the Platting Ordinance; Page 1 of 6 Deferment Agreement Between City and Alameda Plaza, L.L.C. NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1) The City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the deferred improvements as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement. 2) Before the plat is filed by the City, the Developer will provide a Trust, executed on behalf of the City, for the amount of One Hundred Five Thousand Six Hundred Twelve Dollars and 19/100 ($105,612.19), which is 110% of the estimated cost of constructing the deferred improvements as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3. 3) The Developer will construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4) Upon completion of the deferred improvements by Developer within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon in writing by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer with the remaining terms of the Deferment Agreement, the City Engineer shall immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: Frank Cotta Alameda Plaza, L.L.C. 5350 S. Staples, #100 Corpus Christi, TX 78411 With copy sent to: Kristian Cotta Commercial Alliance 7201 E. Camelback Rd., #290 Scottsdale, AZ 85251 5) (1) If the deferred improvements have not been completed within one (1) year from the date of this Agreement; or (2) if the Developer fails to deposit any increased security as set out below; or (3) if Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will provide written notice by certified mail, return receipt requested, advising of the default and giving thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Manager of the City of Corpus Christi will demand-thafthe trustee of said -rus referenced above, in accordance with said Trust, pay to the City of Corpus Christi, the amount of One Hundred Five Thousand Six Hundred Twelve Dollars and 19/100 Page 2of9 Deferment Agreement Between City and Alameda Plaza, L.L.C. ($105,612.19), which is 110% of the estimated cost of constructing the deferred improvements. The City payment will be made on the order of the trustee without the necessity of joinder of the Developer. The monies will be placed in the appropriate City fund and the City may begin completion of the construction of the deferred improvements. 6) If the monies paid by the trustee prove inadequate for the City to construct or complete all or any part of the deferred improvements, the Developer shall reimburse the City for any additional costs of the deferred improvements. The Developer will pay said costs within thirty (30) days of the Cities completion of the deferred improvements and billing of the Developer. 7) The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the City Engineer. 8) The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 9) The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 10)The City Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 11)No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 12)Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 13)This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 14)The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. Page 3 of 9 Deferment Agreement Between City and Alameda Plaza, L.L.C. 15)This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. 16) The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. 17)Upon termination of this Agreement, no provisions herein survive such termination EXECUTED in triplicate this / day of 01/414+14�- THE STATE OF TEXAS § COUNTY OF NUECES § , 2010. Alameda Plaza, L.L.C. Frank Cotta 5350 S. Staples, #100 Corpus Christi, TX 7: 11 Ada This instrument was acknowledged before me on Frank Cotta, Managing Member, Alameda Plaza, State of Texas (Additional signatures at page 5.) Cotta meda Plaza L.L.C. anaging Member (6- ,.2010, by, m• JpStE EVl:REl'T r".:1'77. Notary Public, State of Texas • My Commission Expires • 4'1141,W October 17, 2013 Page 4 of 9 ATTEST: By: Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § Deferment Agreement Between City and Alameda Plaza, L.L.C. CITY OF CORPUS CHRISTI ("City") P. 0. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: 100,0,14-, g I Escobar City Manager This instrument was acknowledged before me on the(-WA day of 1\51)V , 2010, by Angel Escobar, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. UL-01,1(1k.e Notary Publi , State OPTexas APPROVED AS TO FORM: This l/C74'ctay of 141-11— 7 geborah Walther Brown, .• ( /Assistant City Attorney For the City Attorney Page 5 of 9 HOLLY HOUGHTON MY COMMISSION EXPIRES September 24,2012 C I, , 2010. ilYe•alQ.7.2.2.61. AUTHORIZED ST COUNCIL 4L(P/ 0 , Ai R FAA 4"Yin 110 ttM 1 �y haft anbasui 14 z 1 1 i 0 i± t j 8 1 1 V 1 Ott 1 giVA p 'so p a7 4a• p.Y i p G • pill! a 31.,11i1 1 i:All!I m� NifIll 5. gg eg 1 j r L 2 Dw 2 2 1 1 X EXHIBIT 1 w As; iff zfig 1 WAS .00YO[ A,Li,102013 i vqt t I 2 g a .aowl rmwaq W. •il ..ro '. i eruz. .03VOf }ri,IOJFDN ;WS +owq.z019 ..a 4 1 i l 113*4 +wd WWI onry d 8. Mbil 361 S g L1 NON r S *PH IMO P4 - ---- -y,T -- ..� t A *44 4 ^w M n O!* Y101 1 _ _ _ ml AY 'ad '[9 'M i 1011.5 13*4,3P°4S °41 WW1 O 111010 'l 101 EXHIBIT 1 Deferment Agreement Between City and Alameda Plaza, L.L.C. Lot 22 2.641 Acres 1 15034.30sf EXISTING BUILDING Al 1I -1� IA !1A 1 I � I wt +dt.o11 1 uo 1 1 11II 1 I i III �. orxPom ��Td.. 1 1111 I I I i 1 1 ij#11ftf f iii 1111 Al II. o1 a ] 141 5 I for , I us 9 141 9 It.. 10 11* u, 1 L. ,t l LZO [] l u1 .. C. 15 441 11 474 1, 1441 Id Let 101 Ls 201 ='1 y,- 1 Iii 1 1 1 3 1 1 1 1 I 1 1 I 11 c 1 1 1 1 f 1 1 I I 11 1 WATER PLAN BLOCK D, LOTS 21 AND I■■tDALE PARK SUBDIVISION CORPUS CHRISTI, TEXAS EOM WATER lit 8051ele WS LIE MEM SWAN SOW IRE BMW sTORNI SE WIG MANHOLE MUG VALVE 4- oamxc IRE MOM °0 DEWED slat PIET Nor WATER LINE HON ORE mtRANT FN ME N19RANr MORK PYC POLVVRfLE EOJOE PIPE PPR PERIUIENT PAVOENT REPAIR TPR 1EIRORAR( PAVk]Elir ROW ©copyright 2010 Urban Engineering URBAF1 ENGINEERING CORPUS CHRISTI. TEXAS FT= Re. 148: 2728 S■atln■r S4. Corpus ChM/. Tx 75404 PE10Nn (351) 854 -3101 FAX: (351) 554 -4001 JOB NO. 41860.80.01 MFH /crr October 13, 2010 150 100 50 0 100 200 GRAPHIC SCALE 111=1001 EXHIBIT 2 Eng: Murf Hudson, P.E. By: C.R.R. Engineer's Estimate for BLOCK D, LOTS 21 :AND 22 LINDALE PARK SUBDIVISION Corpus Christi, Texas Deferment Agreement Between City and Alameda Plaza, L.L.C. Oct. 8, 2010 Job No. 41860,80.01 ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST A. WATER IMPROVMEMENTS: _ 1 8" PVC C -900 1,162 LF $30.00 $34,860.00 2 8" Gate Valve and Box 4 EA $860.00 $3,440.00 3 8" Ductile Iron Tee 2 EA $350.00 $700.00 4. Fire Hydrant Assembly Complete In -place 4 EA $3,200.00 $12,800.00 5 8" Ductile Iron Pipeline Deflection 2 EA $1,200.00 $2,400.00 6 Tie to Existing Waterline 2 2 EA EA $750.00 $2,250.00 $1,500.00 $4,500.00 7 8" Tapping Sleeve & 8" Tapping Gate Valve 8 Temporary Pavement Repair 902 LF $6,65 $5,998.30 9 Permanent Pavement Repair 290 LF $10:00 $2,900.00 WATER SUB - TOTAL: $69,098.30 B. MISCELLANEOUS IMPROVEMENTS 1 General Conditions, Bonds and Insurance 1 LS $10,000.00. $10,000.00 2 SWP3Items 1 LS $1,000.00 $1,000.00 MISCELLANEOUS SUB- TOTAL: $11,000,00 CONSTRUCTION TOTAL: $80,098.30 ENGINEERING -- - -. -. — - -- --- - - - - -- ADISTRATION AND MIN 1 Engineering @, 10% of construction $8,009.83 2 Topographic Survey $2,500.00 3 4 Construction Testing $3;000.00 $2,402.95 Construction Staking @ 3 %.of construction TOTAL ADMIN: 815,912.78 TOTAL COST: $96,011.08 ADDITIONAL 10% FOR DEFERMENT: $9,601.11 TOTAL REQUIRED DEFERMENT: $105,612.19 Urban Engineering 2725 Swantner. _.... Corpus Christi, TX 78404 1 -361- 854 -3101 EXHIBIT 3 1 of 1 DEPARTMENT OF STATE HEALTH SERVICES Amendment To The Department of State Health Services (DSHS) and CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)Corpus Christi Nueces County Public Health District (City) (Contractor) agree to amend the Program Attachment # OO1B (Program Attachment) to Contract # 2010 - 033567 (Contract) in accordance with this Amendment No. 001C: NSS -WIC LOCAL AGENCY- NOIMM effective 8/10/2010 . The purpose of this Amendment is to increase contract amount and extend contract due to realignment of FY10 funds. Therefore, DSHS and Contractor agree as follows: Change Program Attachment No. as follows: PROGRAM ATTACHMENT NO. 001B 00I C Change Contract Term as follows: TERM: 10/1/2009 THRU: 12/31/2010 SECTION VII. BUDGET, is revised as follows: SOURCE OF FUNDS: CFDA # 10.557; 10.557.013 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed $1,313,717.00. Page - 1 of 2 All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. Department of State Health Services Contractor Signature of Authorized Official Signa e Authorized Official Date: Evelyn Delgado Assistant Commissioner for Family and Community Health Services 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458 -7321 Evelyn.Delgado@dshs.state.tx.us Date: i (1(410 Name: ei -R, o r Title: Address: l Q Leo rard s C'�s%t i3 ;T 7$4(1)/ Phone: (3141)g-9--6-12.2.6 Email: •roved as to form: iztit OP 16 i "2"e- 14h R. gun. ey A - = stmt City Attorney For City Attorney c°-6......2.2rivAuTtlemak ceuivoit SECS