HomeMy WebLinkAboutC2010-453 - 11/16/2010 - Approvedf
f
Texas Department of Public Safety
2010 Sub-Recipient Award
for
City of Corpus Christi
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1'SCIbyReupieret Nance an'd A'ddres5 2. Prepared by: Seats, Freddie 3. SAA Awaed Number: 1o-SR 17080-Ol
Q. -- Federal Ga~ankTnforrttaki6n
Homeland Security Grant Program
Federal Grant Title: (H5GP)
Mayor toe Adame State Homeland Security
Program(SHSP)
City of Corpus Christi
1201 Leopard Street Federal Grant Award Number: 2010-5S-701-0008
Corpus C1lrlsti, TX 7$Q01 Date Federal Grant Awarded #o TxDPS: August i, 2010
i7epartment of Homeland Security
Federal Gran#ing Agency: FEMA
Grant Programs i)irectorate
SHSP Award
Amount (Federal)
CFDA: 97,073
$166,124.00
Grant Period:
From: Ta:
Aug 1, 2010 Jut 31, 20i2
(The 5AA must receive all invoices by the end of grant
period)
6. Statutory Authority for Grant: This project is supported under Qepartment of Homeland Security Appropriations Act, 2010 (Public
Law 111-$3).
7. Method of Payment: Primary method is reimbursement,
8. Debarment/Suspension Certification: The Sub-Recipient certifies that the sub-recipient and its contractors/vendors are not
debarred, suspended, proposed for debarment, declared ineligible ar voluntarily excluded by any federal department or agency and do
nok appear in the Excluded Parties List System at http://www.epls.gov.2.$.9029.0
9. 1 - _ ,
- A9ieFi~cyAPPrnvai'.
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Approving TxDPS Official: Sfgnatura of TxDPS Official:
Janice E. Bruno, Administrator
State Administrative Agency
Texas Department of Public Safety
I3. Enter Employer identification Number {EIH) /Federal Tax Identification
74-6OUD574
12. Date Signed
tc~1~ J~~
2014-453
ReS. 428544 applicable) must be returned to TxDPS an or before the above due da#e,~+~ ~di~~~i~
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Tai. Dept. of Public Safety
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ECRI~TARY~6
20'10 TERMS AND GQNDiTIQNS
The Sub-recipient must:
7. FiII in the contact information and sign the Sub-Recipient Award
2. Certify they have read and understand the Terms and Condifions bylnlttaling the bottom of each page.
3. Fit! in the contact information located on Page 4.
4. Gerti(y to the statements provided in Exhibits A and E and C located at the back of this document by filling in contact int`omration
and signfig both exhibits.
5. Return a!! documents to the 5RA In accordance with the date provided in the transmittal letter and/or in the.agreement.
Parties fo Sub-r_eci is enf Qgreemenf
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, (DPSISAA) an agency of the State of Texas, hereinafter referred to as
"DPS/SAA," and the funds recipien#, hereinafter referred to as the "Sub-recipient." Furthermore, DPSISAA and the Sub-recipient are
collet#ively hereinafter referred to as the "Parfies." The Sub-recipient Agreement is only an offer until the Sub-recipient returns the signed
copy of the 2010 Sub-recipient Agreernen# in accordance with the date provided in the transmittal letter and/or in the agreement
Sub-recipient Agreement Award.
Sub-recipient must net assign or transfer any interest in this Sub-recipient Agreement without the express, prior written consent of the SAA.
~y_ervi~w. and Performance Sfandards
Ali allocations and use of funds under this ggrant must be in accordance witi~ the FY 2070 Guidelines and Application KiE for the
Federal Grant Tftie speci#1ed on the Suio-recipient Agreement Award. All award Sub-recipients are required to have read, understood
and accepted the FY 2010 Guidance and Application Kit as 6fnd€ng.
Standard of Aerformance. The Sub-recipient shall perform all activities and projec#s entered into the SAA web-based grants management
system approved 6y its Regional Planning Greup 1 Urban Area Working Group and/or by the State Administrative Agency (SAA) as
applicable. The Sub-recipient shall pertonn all activities in accordance with all #erms, provisions and requirements set forth in this
Sub-recipient agreement, Terms and Conditions and the fogowing Fachibi#s iota#ed at the end of this document:
1. Assurance -Non-Construction Programs, hereinafter referred to as "Fachii~it A"
2. Assurance - Cons#ruction Programs, hereinafter refien`ed to as "iF.xhibit G"
3. Certification, hereinafter referred to as "Exhibit C"
F~il~rre 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-recippient agreement's provisions, m addition to the remedies specifed in this Sub-recipient
agreement, the Sub-recipient is liable to DPSISAA for an amount not to exceed the award amount of this Sub-recipient agreement and may
be barred from applying for or receiving additional DHSIFEMA grant program funds or any other federal program funds administered by
DPS/SAA until repayment to DPSISAA is made and any other compliance or audit finding is satisfactorily resolved.
Initial Date [ [ ~ (~
Page 2 OF 17
~P~LSA~Ob1i ations
Measure of Liabili#y. DPSISAA shaft not be liable to the Sub-recipient for any costs incurred by the Sub-recipient that are not allowable costs.
b- ipien greement f=unds Defined~nd Limit of Liabilitv. The term "sub-recipient agreeman# funds" as used in this Sub-recipient
agreement means funds provided by DPS/SAA under the DHS/FEMA grant programs. The ferm "Sub-recipient's funds" or match funds as
used in this Sub-recipient agreemen# means funds provided by the Sub-recipient.
Notwithstanding any other provision of this Sub-recipient agreemen#, the total of afi payments and o#her oblige#ions incun-ed by DPSISAA
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 Pavmen#s. The Sub-recipient shall refund to DPS/SAA any sum of Sub-recipient agreement funds #hat has been paid #o the
Sub-recipien# by DPSISAA 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) maybe made from local, state
ar federal grant funds unless repayment with grant funds is specifically permitted by statute arregulation. T eSub-recipient shall make
such refund to DPS/SAA within thirty (30) days after DPS/SAA requests such refund.
in the even# the Sub-recipient fails to com~iy with any of this Sub-recipient Agreement's terms, DPS/5AA may, upon written no#ification to
the Sub-recipient, suspend this Sub-recipient agreement in whole or in part, withhold paymen#s to the Sub-recipient and prohibit the
Sub-recipient from incurring additional obligations of Sub-recipient agreement funds.
Termina~~
DP 's Ri t rm' DPS/5AA shall have the right to terming#e 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-recipien# has failed to comply with any of this
Sub-recipient agreement's Perms. DPSISAA shall notify the Sub-recipient in writing prior to the thirtieth (3flth) day preceding the termination
of such determine#ion and include;
the reasons for such termination;
2. the effective date of such terming#ion; and
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
admiNstra#ive proceeding to which the sub-recipient is entitled under any statute or regulation applicable to the action involved.
initial Date ~ d
PeBe 3 OF 17
~onfli~t of Interest
No employee, officer or agent of the sub-recipient shall participate in selection, pr in the award or administration of a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
IJ~lonitoring
Sub-recipients will be monitored periodically by federal ors#ate 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 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 5ub-recipient`s performance pursuant to this
Sub-recipient agreement. After each monitoring visit, DPS/SAA shag provide the Sub-recipient with a written report of the moni#or's
findings. If the moni#oring 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 cometion of such deficiencies by the Sub-recipient. Failure by the Sub-recipient
to talcs action specified in the monitoring report may be cause for this Sub-recipient agreement's suspension or termination pursuant to the
Suspension andlor Termination Section.
Audit of Federal and State Funds. The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of
5ub-reciplent 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 Exhibi# A. The Sub-recipient wi(I also comply, as applicable, with Texas
Governmen# Code, Chapter 783, 1 TAG 5.fi41.e#.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative
Requirements for Grants and Cooperative Agreements. .
' t t °t. DPSISAA 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-recipien# agrees to permit DPSISAA ar its authorized
represen#ative to audit the Sub-recipient's records. The sub-recipient shelf provide any documents, materials or information necessary to
facilitate such audit.
~,r~b-recipient's Liability for Disallowed Costs. The Sub-recipient understands and agrees that it shah 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 DPSISAA of such disallowed costs shall be paid by the Sub-recipien# from funds that were not provided or
otherwise made available to the Sub-recipient pureuan# to #his Sub-recipient agreement yr any other federal contrac#.
Suh-recipient's Facilitation of Audit. The Sub-recipient shall take such action fo facilitate the performance of such audit(s) conducted
pursuant to #his Section as DPS/SAA may require of the Sub-recipient. Time 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 is included in any
subcontrac# it awards.
t er R uir m s
A. During the performance period of this grant, Sub-recipients must maintain an Emergency Management Flan 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 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 wii!
correct deficiencies within 6D days of receiving notice of such deficiencies from TDEM.
Initial Date l~ ~ ~V
Page q pF i7
B. Projects identified in the SAA web-based grant management system must identify and relate fo fhe goals and objectives indicated
by the applicable approved project investments far the period of performance of the grant.
C. During the performance period of this grant, Sub-recipien# agrees that it will participate in a legally-adopted county andlor regional
mutual aid agreement.
D. During the performance period, the Sub-recipient must be a registered user of the Texas Regional Response Network (Tf2RN} and
identity all major resources such as vehicles and Trailers, equipmen# costing $5,000 ar more and specialized teams/response units
equipped andlor trained using grant funds (i.e. hazardous matertal, 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 Fisca! Year 2pT0 indirect Cost Alioca#ion Plan signed 6y Cognizant Agency - "Gognizant 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. QMB publishes a listing of cognizant agencies. Plan should be
forwarded to the SAA along with the Planning and Administration Grant Budget Form.
F. Ceuncil of Governments (COG) will follow guidelines listed in the SAA FY T 0 COG 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 au#horize o#hers to use, far 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 Sub-recipient purchases
ownership with Federal support. The sub-recipient agrees to consult wrth DPSISAA regarding the allocation of any patent rights that
arise from, or are purchased with, this funding.
~IQsing fhe 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-recipients final performance report indicating that ail approved work has been
completed and all funds have been disbursed, cpmpleting a review to confirm fhe accuracy of the reported information, and reconciling
actual casts to awards modifications and paymen#s. if the close out review and reconciliation indicates that fhe Sub-recipient is owed
additional funds, DPSISAA will send the final payment automa#icaAy to the Sub-recipient. If fhe Sub-recipient did not use all the funds
received, DPS/SAA will issue a Grant Adjustment Notice (GAEV) to recover the unused funds.
G. At fhe completion of the sub-recipien#'s performance period, DPSISAA will de-obligate all uncommitted /unexpended funds.
ri Di r H i
A. Incases where local funding is established by a COG or UASI, governing board, the release of funds by DPSISAA is contingent
upon funding ailoca#ion approval by the governing board.
B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DP5ISAA's obligations under #his
agreement are contingent upon the receipt of adequate funds to meet DPSISAA's liabilities hereunder, except as required by IECGP
and HSGP 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. Ai! notices or communicatipn required or permitted to be given by either party hereunder shall be deemed sufficien#ly 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 Contacf listed for the sub-recipient in the SAA Gran#s Managemen# System
shall be deemed received the fallowing business day.
Initial Date
Page 5 OF 17
Deputy Director, Homeland Security
Texas Department of Public Safety
State Administrative Agency
P.O. Box 4087
Tx 78773-a22a
Sub-Recipient Contact Inforrnation
(Please Fill•in Contact Information tJelow)
Name: .Toe Adame
Title: Mayor of Corpus Christi
Agency: City of Corpus CllriSti
Address: 1201 Leopard
Corpus Christi, Texas 7$401
!f m!n! iv ! Prln ! i !r
Except as specifically modified by iaw er this Sub-recipient agreement's provisions, the Sub-recipien# 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 Requirements for Grants and Cooperative Agreements to State and Local
Governments;
2. 2 C.F.R. Part 215, Uniform Administrative Requirements far Grants and Agreements with Institutions of Higher Education,
Hospi#als and Other Non-Profit Organizations (OMB Circular A-110}.
B. Cost Principles
1. 2 C.F.R. Part 225, Cast Principles for State, local and Indian Tribal Governments (OMB Circular A-87}
2. 2 C.F.R. Part 220, Cost Princ[ples for Education Institutions (OMB Circular A-21)
3. 2 C.F.R. Part 230, Cost Principles far Non-Proft Organizations (OMB CircularA-122)
4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts wifh Commercial Organizations
C. Audit Requirements -OMB Circular A-133, Audi#s of States, Local Governmen#s and Non-Profit Organizations.
D. Sub- recipient understands and agrees that it cannot use any federal funds, either directly ar indirecBy, in support of the enactment,
repeal, modification or adoption of any iaw, regulation ar poAcy, a# any level of government, without the express prior written approval of
FEMA.
E. The sub-recipient agrees that ail allocations and use of funds under this grant will be in accordance wifh the applicable 1=Y2010
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 (EO). These EHP requirements include but
are not limited to National Environmental Policy Ac#, National Historic Preservation Act, Endangered Species Act, EO 11988 -
Floodplain Management, EO 11990 -Protection of Wetlands, and EO 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 fhe prior approval of FEMA. These include bu# 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 dis#urbing 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 anon-compliance finding and may not be eligible for gran# funding.
G. Sub-recipient shall also comply with all other federal, state, and local Paws and regulations applicable to #his Sub-recipient
agreement's activities and performances rendered by the Sub-recipien# including bu# not limited to the laws and the regulations
promulgated in State Rdministrative 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 ail applicable statutes, regulations, executive orders, OMB circulars, farms and conditions of the award,
and the approved application.
Initial I'3ate 1 ~ ~ !~
Page 6 OF 17
Retention and Accessibili of Records
etention of s. The Sub-recipient shall maintain fiscal records and supporting documents#ion 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 #his 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
c e t. .The Sub-recipien# shall give fhe United States Department of Homeland Security (DHS), the Comptroller General of the
United Sta#es, the Texas State Auditor, DPSISAA, or any of their duty authorized representatives, access to and the right #p examine all
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 DHSIFEMA funds. Such rights to access shall confinue 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 consistent with the Texas Publio Information Act, ,and Texas Governman# Code Chapter 552.
Inclusion in, Str~contrac#s. The Sub-recipient shah include the subs#ance of this Section in ail subcontracts.
L~~1 Au~hori
Sianatorv Authority. The Sub-recipient assures and guarantees that the Sub-recipient possesses the legal au#hority to enter into this
Sub-recipient agreement, receive Sub-recipient agreement funds and to perform the services the Sub-recipient has obligated itself #v
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 ar they have been duly authorized by the Sub-recipient #o execute this Sub-recipient agreement on the
Sub-recipient's behalf and #a validly and legally bind the Sub-recipient to all contractual terms, performances and provisions.
Conflicts in Requirements. If conflict exists between federal, state, or local requirements, the sub-recipient shall comply with the strictest
requirement. .
~Q~ice of Litigation and Maims
The Sub-recipient shall dive DPSISAA immediate notice in writing of any action, including any proceeding before an adminisfra#ive agency,
riled against the Sub-reapfent arising out of the pertormance under this Sub-recipient agreement
Except as otherwise directed by pPSISAA, the Sub-recipient shall furnish immediately to DPSISAA copies of all documentation or pleadings
received by the Sub-recipient with respect #o 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 THlS AGREEMENT WILL NO7 CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR
5AME OR THE RIGHT OF DPS/SAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER pOES NOT BECOME EFFECTIVE UNLESS
DPSISAA EKPRESSLY AGREES TO SUCH WAIVER LN WRITING. ANY PAYMENT BY DPSISAA SHALL NOT CONSTITUTE A WAIVER
OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DP5ISAA TO ENFORCE
ITS RIGHTS, AS 5UCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY PRES VED.
Initial Date ~~
Page 7 OF i7
n mn'
A5 PERMITTED BY LAW, SUB-RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPSISAA AND THE STATE OF TEXAS
(INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES, AGENTS AND THEIR SUCCESSORS) (°INDEMNlTEES") HARMLESS
FROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT OF OR RESULT FROM SUB-RECIPIENT'S NEGLIGENCE (ANY
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 A5 ANY V10LATION OF ANY MATTER MADE THE BASIS OF A TREATY ANDlOR
CONVENTION AND/DR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES;
LIABILITIES; PENALTIES; TAXES; FINES; INTEREST; EXPENSES (1NCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT
COSTS, INVESTIGATION COSTS AND ALL DIRECTOR 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 CHARACTERISED, 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 GLAIMS AGAINST ANY OF THE INDEMNlTEES BY ANY EMPLOYEE OF THE SUB-REGIPIENT OR ANY EMPLOYEE
OF ITS SUBCONTRACTOR(S), THE INDEMNIFIGATION OBLEGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY
BY THE AMOUNT OR TYPE OF DAMAGE5, GOMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB-RECIPIENT OR ANY
OF ITS SUBCONTRACTOR(S) UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS AC75, OR OTHER
EMPLOYEE BENEFITS ACTS.
SUB-RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE
OF TEXAS A5 REQUESTED BY THE DPSlSAA. IN ANY SETTLEMENT, SUB-RECIPIENT MUST NOT MAKE ANY ADMISSION OF
LIABILITY ON THE PART OF ANY OF THE INDEMNlTEES.
THIS SECTION SHALL NOT 8E CONSTRUED 70 ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR
RIGHT WHICH ANY OF THE INDEMNlTEES HAVE BY LAW OR EQUITY.
THIS SECTION SHALL SURVIVE THE TERM#NATION OR EXPIRATION OF THIS AGREEMENT.
~~anges and Arnendmwrnts
rit# n n Except as specifically provided otherwise in this Sub-recipient agreement, any alterations, additions or deletions #o
this Sub-recipient agreement's terms shall be made through Grant Adjustment Natiees generated by the SAA web-based grants
management system and executed by the Parties.
~{thority to Amend. During the period of #his Sub-recipient agreement's performance DPSISAA andlpr FEMA ma issue pvlicy'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 farm of Information Bulletins anti 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.
Effact 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 became effective on the date designated by such law or regulation.. In the
even# FEMA or DPSISAA determines that changes are necessary to the award document after an award has been made, including
changes tv period of performance or terms and conditions, recipients will be noti#ied of the changes in writing. Qnce notification has been
made, any subsequent request for funds will indicate sub-recipient acceptance of the changes to the award.
Initial Date ~ c~
Page 8 OF 17
Weadings end captuns of this Sub-recipient agreement's sections and paragraphs are or~iy 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 constructipn of this
Sub-recipient agreement.
~~
For purposes of litigation pursuant to this Sub-recipient agreement, venue shall fie in Travis County, Texas, and be governed by Texas Law.
lnitia! Date
Page 9OF 17
Special Candifiians
2010 Operation Stonegarden {OP5G) Specific:
1 } The recipient is prohibited from obligating or expending Operation Stonegarden (OPSG) funds provided #hraugh this award un#il
each unique, specific or modified county level or equivalen# Operational OrderlFrag Operations Order with embedded estimated
opera#ional budget has been reviewed and approved through an official email no#ice issued by FEMA removing this special
programmatic condition. The Operations Order approva! processlstructure is as follows: Operations Orders are subm~ted 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 (PETS) sys#em to (2) the OPSG Coordinator, CBPIBP
Washington, DC and upon approval forwarded to (3} Federal Emergency Management Agency (FEMA), Grant Programs Directorate
(GPD). Grant Developmen# and Administration Division (GD&A}. Notiftcation of release of programmatic hold will be sent by FEMA via
email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at CBPIBP HQ, Washington DC.
General:
1}
a) Provisions applicable fo 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 time that the award is in effect;
(2) Procure a commercial sex ac# during the period of time that the award is in effect: or
(3) iJse forced labor in the performance of the award or sub-award under this award.
ii) We may unilaterally terminate Phis award, without penalty, if the sub-recipient That is a private entity:
(1 } Is determined to have violated a prohibition in paragraph 1 a of this award term; or
(2) Has an employee who is determined b 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 Phis award;, or
(b) imputed to you ar the sub-recipient using the standards and due process for imputing the conduct of an individual
to an organization #hat are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Govemment Debarment and
Suspension {Non-procurement)," as implemented at 2 CFR Part 3000.
b) Provisions applicable to asub-recipient that is other ihan a private entity. We may unilaterally terminate this award, wi#hout
penalty, if the sub-recipient that is a private entity:
i} Is determined to have violated a prohibition in paragraph is of this award term; or
ii) Has an employee who is determined by the agency official authorized to #enninate the award to have violated an
applicable prohibition in paragraph ai of this award term through conduct that is either:
(1) Associated with performance under this award; or
(2) imputed to you or the sub-recipien# using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 GFR Part 180, "OMB Guidelines to Agencies on Govemment pebarment and
Suspension (Non-procuremen#}," as implemented at 2 CFR Part 8000.
c) Provisions applicable to any recipienf:
i) You must inform us immediately of any information you received from any source alleging a violation of a prohibition in
paragraph ai of this award term.
ii) Our right to terminate unilaterally that is described in 1 b or 2 of this section:
~~~ Implements section 10ti(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g),
(2) Is in addi#ion to all other remedies for noncompliance that are available #o us under thi award.
Initial -Date
Pape 10 OF 17
iii) You must include the requirements of 1a of this award term in any sub-award you make to a private entity.
d} Definitions. Far purposes of this award term:
i) "Employee" means either:
(1) An individual employed by asub-recipien# who is engaged in the performance of the projec# 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 ar matching requirements.
ii) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transporta#ion, provision,
ar obtaining of a person for labor or services, through the use of farce, 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
C R 175.25.
(2) Includes:
(a} Anon-profit organize#ion, including any nonprofit institution of higher education, hospital, or tribal organization
other than one included in the definition of Indian Tribe at 2CFR 1T5.25(b).
(b) Afor-profit organization
iv) "Severe farms of trafficking in persons," "commercial sex act," and "coercion" have the meaning given of section 103 of the
TVPA, as amended (22 U.S.C. 7102}.
2)
a) Classified national securi information as defined in Execu#ive Order (EO} 12958, as amended, means information that has
been determined pursuant to ~O 12958 or any predecessor order to require protection against unauthorized disclosure and is
marked fo indicate its classified status when in documentary form.
b) IVa 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 recipien# 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 tha# will include access to
classif[ed national s,ecurit~ information by the contractor, sub-awardee, or other entity without prior written approval from the DHS
Office of Security, Industnal Security Program Branch(15BP}, 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 S#ates and Local Entities," dated .luiy 7, 20089: Ed's 12829, 12959, 12968, as
amended; the National Industrial Security Program Operating Manual (NISPOM); and for other applicable implementing directives
or instruction. All security requirement documents are located at: http;Ilwww.dhslgovlxopnbizlgrantslindex.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 cpntac# ISPB, or the appropriate Federal department or agency, for approval and
processing instructions.
Please fill in the appropriate information and sign.
~ co><pus christi
City of Corpus Christi
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Initial ate
Page 1] OF 17
~" ~ ~ ~ MITHORI7,ED
i;XHIBiT A
ASSURANCES -NON-CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub-recipient, I certify that the sub-recipient:
1. Has the legal authority to apply far Federal assistance and the institutional, managerial and financial capability (including funds
sufficient to pay the nvn-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 Saf®ty, the Comptroller Genera! of the llnlted States and,
If appropria#e, 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 ar agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose tha# consti#utes 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 wf#h the intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Wilt comply with all Federal statutes relating fo nondiscrimination. These include but are not limited #o: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 86-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Educe#ion
Amendments of 1972, as amended (20 U.S.C_ §§16$1-1683, 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 discrimina#ion 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 Aicohal 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 Acf of 1912
(42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, refacing to confidentiality of alcohol and drug abuse patient records; (h) Title Vfll of
the Civil Rights Act of 1968 (42 U.S.C. §§3601 e# seq.}, as amended, relating #o nondiscrimination in the sale, rental or financing of
housing; (~ any other nondiscrimination provisions in the specifc statute(s) under which agreement for Federal assistance is bung
made; an Q) the requirements of any other nondiscrimina#ion statute(s) which may apply to the application.
7. Wilt comply, or has already complied, with the requirements of Titles I! and 1!I of the Uniform Relocation Assistance and (teal
Property Acquisition Policies Act of 1970 (P.L. 91-646} which provide far fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal arfcderally-assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
$. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-150$ and 7324-7328) which limit the poll#ical
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Wilt 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 Acf (40 U.S.C. §§327-~33), regarding tabor standards
farfederally-assisted construction sub-agreements.
10. Wilt 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 cast of insurable construction and acquisition is $1.0,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a} insfitution of environmental quality
control measures under the National Environmental Potlcy Act of 1969 (P.L. 91-190) and Executive Order (EO)11514; (b} notlficafion
of violating facilities pursuant to EO 11 T38; (c) protection of wetlands pursuant to E 11990; (d) evaluation of flood hazards in
fEoodplains 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 (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.B.C. §§7401 et seq.); ( )
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); an~, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205).
12. Will campty with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecfing components or potential
componen#s of the national wild and scenic rivers system.
initial Date ~ ~ V
Page 12 OP 17
13. Will assist the awarding agency in assuring compiiance with Section 106 of the National Historic Preservation Act of 1966, as
amended (18 U.S.C. §470), EO 11593 (idenfifEcation and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§4ti9a-1 et seq.).
T4. 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. WIII comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2931 et seq.} pertaining to the
care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by #his award of
assistance.
16. Wil! comply with the Lead-Based Paint Poisoning Prevention Ac# (42 U.S.C. §§4801 et seq.} which prohibits the use of lead-based
paint in construction or rehabilitation of residence structures.
17. Wiil cause to be pertormed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1998 and OMB Circular No. A 133, "Audits of States, Local Governments, and Non-Profit Organizations."
1$. Will comply with af! applicable requiremen#s of a!I other i=ederal laws, executive orders, regulations, and policies governing #his
program,
Please fr`il in the appropriate information and sign.
~ ~~1~ e.~ ~s ~ 6c~
Corpus Christi
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Initial ate . V
Page 33 OF 17
City of Corpus Christi
EXHIBIT B
ASStJRANC~S - CONSTR{fCTION PROtaRAMS
As the duly au#horized represents#ive of the sub-recipient, i certify that the sub-recipient:
1. Has the legal authority to apply for Federal assistance, and the instifufional, managerial and frnancial capability (including funds
sufficient to pay the non-Federal share of project costs) to ensure proper planning, managemen# 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 ail 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 pproperty title or other interest in the site and facil€ties 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 whale or in part with Federal assistance funds to assure nondiscrimination during the useful life
of the project.
4. Will comply wi#h the requirements of the assistance awarding agency with regard to the drafting, review and approval of
construcfion plans and speciflcations..
5. Will provide and maintain compe#ent and adequate engineering supervislgn 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 maybe
required by the assis#ance awarding agency ar State.
6. Will initiate and complete the work within the applicable time frame af#er receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4726-4763) refs#ing to prescribed standards of merit
systems for programs funded under one of the 79 statutes or regulations specified in Appendix A of OPM's Standards far a Merit
System of Personnel Admints#ration (5 C.F.R. 900, Subpart F},
9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits Etta use of lead-based
pain in construction or rehabilitation of residence structures.
10. Will comply wish all FederaE statutes relating to nondiscrimination. These include but are not limited ta: (a) Title VI of the Civil Righ#s
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; {b) Title !X 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 handica s;
{d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (eg
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse;
(f} the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; {g) §§523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h} Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.}, as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in a 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 #o 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. 91-648) 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. Wilt comply with the provisions of the Hatch Act (5 U.S.C. §§1507-1508 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 #0 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) whic requires recipients in a Special flood hazard area to participate !n the program and to purchase flood insurance if the
total cost of Insurable construction and acquisition is $10,000 or more.
Initial Date ~~„(~
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) notiifcation
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 19990; (d)evaluation of flood hazards in
floodploins in accordance with EO '! 1986; (e}assurance of project consistency with the approved Sta#e management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of J"ederal actcons 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 Wafer Act of 1974, as amended (P.t.. 93-523}; and, (h)
protection of endangered species under the Endangered Species Act of 1978, 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 NationaE 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 1 74 (16 tJ.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 OM13 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, regulatiens and policies governing this
program.
Please fill in fhe appropriate information and sign.
COrllUS Chri5tl
4J~ Yi:~? ~ ~.~ ~ '9-t) j'"~ #L.vVt : i l ~ IV ~ t l~
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Initial ate
Page 35 OF 37
City of Corpus Christi
Exhibit C
Certifications
~ ~~ ~~~~ L~Qt'~
Th ~ City of Corpus Christi
e unders[ggned, (print), as the authorized official of certifies the following
to the best of hislher knowle ge and be [ef.
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 ofF[cer or emplo ee of Congress, or an
employee or a Member of Congress in connection with the awarding of any Federal contract, the making o~any Federal grant, the
makking of any Federal loan, the entering into of any cooperative agreemenf, and the ex#ension, continuation, renewal, amendment,
of modification of any Faderat contract, grant, loan, or cooperative agreement.
B. If any funds other #han Federal appropriated funds have been paid or wil! be paid to any person for influencing or attemp#ing tv
influence art officer or employee of any agency, a Member of Congress, an officer or employes of Congress, or an employee or a
Member of Congress in connection wi#h #his 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 shall require #hat the language of this certiflcation be included in fhe award documents far all sub-awards at aiE
tiers (including subconfrac#, sub rants, and contracts under grants, loans, and cooperative agreements) and that ail sub-recipients
shaft certify and disclose accordingly. This certifica#ion is a material representation of fact upon which reliance was placed when this
transaction was made or en#ered 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 shah 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 defned 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 benefrts by a
State or Federal court, or volun#arily excluded from covered transactions by any Federal department or agency; Sub-recipients
can access debarment information by going tavww~enls•r~ov and the State tebarred Vendor List http://www.wlndow,sfafe.fx.us/prc
hit : www ' dow. t s roc r /v or erf ce/deb rr ,
2. Have not within athree-year period preceding this agreement been convicted of or~had a civic 'udgment rendered against
them for commission of fraud or a criminal offense in cgnnection with obtaining, attempting to obta~n, or performing a public
(Federal, State, or local} transaction or contract under a public transaction; violation of Federal or State antitrust 5ta#utes or
commission of embezzlement, theft, forgery, bribery, falsification or des#ruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a govemmentai entity (Fedora[, State, or Iacal)
with commissron of any of the offenses enumerated in paragraph (D)(2) of this csrtifrcatlon; and
4. Have not within a #hree-year period preceding this agreement had one ar mare public transactions (Federal, State, ar
local) terminated for cause or defaul#; and
5. Where the sub-recipient is unable to certify to any of the statements in this certification, he or she shah attach an
expiana#ion to this agreemenf. {Federal Certification)
r=. 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 documen#ation 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 alt applicable requirements of all ocher 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. §709 et seq. -Requires fhe 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 activities at any s!#e 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 fiile. The recipient must notify
the Granfs Officer of any employee convicted of a violation of a criminal drug statute that actors in the workplace. For additional
information, see 44 CFR Part 17.
Initial Date V
Page 16 OF 17
L Elnderstands that failure to comply with any of the above assurances may result in suspension, termina#lon or reduction of gran#
funds.
Please fill in the appropriate information and sign.
Type Name of Authorized OffCia! • ~ ~- r ., '
Corpus Christi ~~l~r~
Title C~
City of Corpus Christi
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Initial IJate l
Page 17 OF 37