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C2011-091 - 3/29/2011 - Approved
Pursuant to the authority of TEXAS GOVERNMENT CODE §§ 418.043 and 418.044 and/or § 791.011, this Agreement for a Hazardous Materials Emergency Preparedness Planning grant is made by and between the State of Texas, acting by and through the Texas Department of Public Safety (TX DPS), Texas Division of Emergency Management, hereinafter called the "STATE," and The City of Corpus Christi hereinafter referred to as the "GRANTEE," serving as a fiscal agent for the Corpus Christi/Nueces County Local Emeraency Planning Committee (LEN). WITNESSETH WHEREAS, the STATE has no programmed resources to implement this requirement of federal law; and WHEREAS, the STATE will receive funds from the United States Department of Transportation (DOT) to accomplish the tasks detailed in this Agreement. AGREEMENT NOW, THEREFORE, the STATE and the GRANTEE in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: The GRANTEE agrees to perform hazardous materials emergency preparedness planning activities in connection with the project as stated in the Articles to follow and outlined hereafter, and for having rendered such services, the STATE agrees to pay to the GRANTEE compensation for these services as set out in this Agreement. All services performed under this Agreement shall be performed under the supervision of the Chief, Texas Division of Emergency Management (TDEM), represented by the HazMat Preparedness Officer as the STATE project officer. 1. CONTRACT PERIOD This Agreement shall become effective upon the date of final execution by the STATE and shall be completed by August 31, 2011 unless terminated in a manner defined. herein. 2. SERVICES TO BE PROVIDED BY THE GRANTEE The GRANTEE shall: A. Complete the following project activities: Page 1 of 8 2011 -091 Res. 029012 Contract Number 11- DEM -LEPC -002 03/29/11 Tx. DPS INDEXED 2 ) B. 'Provide the STATE the following deliverables: 1) Progress reports and financial reports as outlined in Section 6. 2) Final project report and final financial report as outlined in Section 6. 3) A copy of all deliverables (i.e. public education /outreach products, materials printed under this Agreement, pictures of items that are too large /bulky to be mailed). 4) A copy of any contract between GRANTEE and any vendor for products or services. related to the project as stated in Section 2A above. 3. SERVICES TO BE PROVIDED BY THE STATE The STATE shall provide planning assistance to the GRANTEE in the form of guidance so .the GRANTEE can timely complete the deliverables listed above. 4. COMPENSATION AND METHOD OF PAYMENT A. The estimated total approved cost of the project which is the subject of this grant is: y hundred fifty dollars t$22,75D 061 Twenty-two thousand. seven hun ._ B. The maximum amount payable by the STATE under this Agreement is: Sixteen thousand seven hundred sevent -four dollars and tweftt cents 16 774.20 C. The GRANTEE shall provide a match that equals or exceeds: Five thousand nine hundred seventy -five dollars and ei hty cents ($5,975,80) D', The STATE shall make payment to the GRANTEE within thirty (30) days from receipt of the G'RANTEE's documentation for reimbursable expenses, provided the request for payment is properly prepared, executed, and documented. E. The STATE and/or GRANTEE paying for the performance of governmental functions or services must. make these payments from current revenues available to the STATE and/or GRANTEE, In Accordance With Texas Government Code Section 791.019, Interlocal Cooperation Act. F. The GRANTEE agrees that the aggregate of funds of the Local Emergency Planning Committee, exclusive of Federal Funds and twenty -six point three percent (26.3 %) cost match for this grant, for developing, improving, and implementing emergency plans under Emergency Preparedness and Community Right -to -Know Act (EPCRA) will be maintained at a level that does not fall below the average level of such expenditures for the 2 federal fiscal years prior to this grant project.. Page 2 of 8 Contract Number I 1- DEM -)LEPC -002 G. To receive reimbursement for allowable costs, the GRANTEE must: 1) Submit quarterly financial reports with the following attached: (a) Valid invoices or receipts (b) Canceled checks or other proof of payment for each expense 2) Proof of LEPC match for the quarter (a) Match must be used directly in connection with the approved activities. (b) Match must'be non. Federal funds or a match in -kind (soft funds), (c) If match is soft funds then expense out the match and have either the LEPC Chair or Vice Chair sign certifying the soft match. (d) The soft match may include any of the following expenses that are reasonable, allowable and allocable to the project. i. Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities. ii. Private contributions such as corporate contributions of facilities or services such as free classroom space. iii. Voluntary contributions such as firefighter support, emergency personnel support, and the time of any Local Emergency. Planning Committee (LEPC) member. iv. Equipment or facilities used for exercises, whether public or private. v. Facility space necessary to conduct activities for the grant program. vi. University students volunteering time to aid in collection of data H. Final payment may be withheld until all deliverables, paid for under this Agreement, have been received by TbEM. 1. The GRANTEE shall furnish all equipment, materials and supplies required to perform the project, which is the subject of this grant. S. INITIATION OF PROJECT WORK The GRANTEE shall not begin the work outlined herein until final execution of this Agreement by the STATE. Page 3 of 8 Contract Number 11 -DEM- .LEPC -002 6: INSPECTION OF WORK AND PROGRESS REPORTING A. The GRANTEE shall, from time to time during progress of the work defined herein, confer with he STATE. The STATE's project officer has the right to inspect work being performed pursuant to this Agreement in a manner that will not unduly delay the work. The GRANTEE shall prepare and present such information and data as may be pertinent and necessary or as may be requested by the STATE in order to evaluate the progress of the work to be performed by the GRANTEE. B. The GRANTEE's ,project officer shall render required reports to the STATE's project officer, including: 1) Progress reports according to the schedule in B (6) and in the format outlined in Attachment 3. 2) Financial reports according to the schedule in B (6) and in the format outlined in Attachment 4 with all required supporting documentation. 3) A final project report, which shall summarize the work performed on the project and accomplishments. 4) A final financial report and all remaining invoices for reimbursement, supported by appropriate . documentation of expenses, including any remaining LEPC match. 5) A copy of all deliverables derived from this Agreement. 6) Progress /Financial /Final Report Schedule: (a) First Report (January — March) Due to the STATE by 30 of April. (b) Second Report (April — June) Due to the STATE by 30'' of July. (c) Final Report Due by the 3e of September (See B3 & B4 above.) Progress reports and the final project report may be submitted by mail, facsimile, or e-mail, Financial reports, with original signature, along with all supporting documentation, must be sent by mail or courier. 7. TERMINATION A. This Agreement may be terminated by any of the following conditions: 1) By mutual agreement and consent of both parties. 2) By the STATE upon written notice to the GRANTEE as consequence of the GRANTEE's failure to perform the services herein in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the GRANTEE as determined in good faith and reasonable business judgment by the STATE. 3) By the STATE for reasons of its own and not subject to the mutual consent of the GRANTEE upon not less than ten (10) days written notice to the GRANTEE. 4) By satisfactory completion of all services and obligations described herein. Page 4 of 8 Contract Number 11 -DEM- LEPC -002 S. Should the STATE terminate this Agreement as herein provided, no expenses except those due and payable at the time of termination shall thereafter be paid to the GRANTEE. Payment for the work at the time of termination shall be based upon work completed at that time, C. The termination of this Agreement and payment of any amount in the settlement as prescribed herein shall extinguish all rights, duties, obligations and liabilities of the STATE and the GRANTEE .under this Agreement. 8 DISPUTES The GRANTEE shall be responsible for the settlement of all contractual and administrative issues Arising out of procurement made by the GRANTEE in support of this grant program. Any disputes concerning. the work or obligations defined herein or additional costs, or any non - procurement issues shall be settled at the sole discretion of the STATE. 9. INDEMNIFICATION To the extent authorized by the Constitution and Laws of the State of Texas the GRANTEE shall indemnify and hold harmless the STATE, its officers and employees from all third party claims for injury to, or death of, persons and damage to, or loss of, physical property directly due to activities of itself, its agents, contractors,. officers or employees, performed under this Agreement and which result from the negligence or willful misconduct of the GRANTEE or of any person employed by the GRANTEE, The GRANTEE shall also indemnify and hold harmless the STATE, its officers and employees from any and all expenses, including attorney fees, which might be incurred by the STATE, its officers and employees as a result of such activities by the GRANTEE, its agents, contractors, officers and employees. 10. COMPLIANCE WITH LAWS The GRANTEE shall comply with all federal, state and local laws statutes, ordinances, rules, regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement. 11. ASSURANCES The GRANTEE assures that no person shall, on the grounds of race, creed, color, handicap, national origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be subject to discrimination under any program or activity funded in whole or in part under this Agreement. Incorporated by reference the same as if specifically written herein are rules, regulations, and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas. To the extent it applies, GRANTEE shall comply with Texas Government Code, Chapter 783, 1 TAC 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Section III, Subpart B, §_.14 (Attached as "Attachment 2 "). Page 5 of 8 Contract Number 11- DEM -LEPC -002 12. AUDIT REQUIREMENTS The GRANTEE hereby agrees to comply with the requirements specified in the Single Audit Act, 34 U S C §§ 7500 et seq (Supp.1999) (Public Law 144- 156), as applicable. 113. WRITTEN MODIFICATION No. modification or amendment to this Agreement shall become valid unless in writing and signed b both parties. 74. EQUAL EMPLOYMENT OPPORTUNITY The GRANTEE agrees to comply with all provisions of Executive Order No. 11246 (September 24, 1965), the rules, regulations, and relevant Orders of the Secretary of Labor, Appendix .A — E and: Attachments 1 and 2. 15. FALSE OR FRADULENT STATEMENT OF CLAIMS The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program. The GRANTEE acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to U.S. Department of Transportation (DOT) in connection with this program, DOT has the right to pursue and impose on the GRANTEE civil and criminal penalties. 16 ` PROVISIONS AND AMENDMENTS The GRANTEE agrees that it and its contractors, sub- contractors, employees, and representatives will comply with all applicable provisions of 49 CFR 18, 49 CFR 110, and any amendment to this Agreement. 17. OTHER The GRANTEE certifies it is in compliance with Sections 301 and 303 of Emergency Preparedness and Community Right -to -Know Act (EPCRA), A. Have current chemical emergency response plan. 1') Plan is reviewed and updated (if needed) at least annually and 2) Plan includes the following: a. Identify affected facilities and transportation routes, b. Describe emergency notification and response procedures, C. Designate community and facility emergency coordinators, d. Describe methods to determine the occurrence and extent of a release e. Identify available response equipment and personnel f. Outline evacuation plans, g. Describe training and practice programs and schedules, h. Contain methods and schedules for exercising the plan Page 6 of 8 Contract Number 11- DEM -LEPC -002 B. Have an active LEPC whose membership includes (at a minimum): 1) Elected state and local officials 2) Police, fire, civil defense, and public health professionals 3) Environment, transportation, and hospital officials 4) Facility representatives 5) Representatives from community groups and the media 18. PROJECT OFFICERS The project officers for this Agreement are: A. For the STATE: .Name: Donald A. Loucks HazMat Preparedness Officer Technological Hazards Unit Texas Division of Emergency Management Texas Department of Public Safety Address: PO Box 4087 Austin,, Texas 78773 -0220 Telephone: (512) 424 -5985 Fax: (512) 424 -7353 E -mail: donald.loucks @txdps.state.tx,us B: for the Name: Address: Telephone: Fax: E -mail: GRANTEE: Rick Ramos 2406 Leopard St., Ste 300 Corpus Christi, TX 78408 361 -826 -3938 361- 8878053 rickr @cctexas.com Page 7 of 8 Contract Number 11- DEM -LEPC -002 19. SIGNATORY AUTHORITY The undersigned signatory for GRANTEE hereby represents and warrants that he /she is an officer of the organization for which he /she has executed this Agreement, and that he /she has executed this Agreement, and that he/she has full and complete authority to enter into this Agreement on behalf of the GRANTEE. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate effective. the date of the last signature to this Agreement. FOR THE STATE FOR THE GRANTEE Texas Department of Public Safety Texas Division: of Emergency Management City of Corpus Christi _ Name of Agency Name of Jurisdiction BY: BY: I �' Authorized Tgnature Authorized ignature AA V'Aj A Printed Name Printed Name r•E T ` ^A C '� .M N e Y Title �( ( Title Date Date �a OI AUT IidRIZU BY Cf�tiNCIL .. as 11 .....A. SECR'E'TARY page 8 of 8 Contract Number 11- DEM -LEPC -002. Page Al of A2 APPENDIX A COMBINED ASSURANCES Grantees should refer to the regulations cited below to determine the certification to which they are required to attest, Signatures on this form provide for compliance with federal 'certification requirements, including those under 34 CFR Part 82', "New Restrictions for Drug -Free Workplace (Grants )." The certifications shall be treated as material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction, grant, or cooperative agreement. 1. RESTRICTIONS ON LOBBYING The GRANTEE may not conduct political lobbying, as defined in the statues, regulations and 2 CFR 225 -- "Lobbying ", within the Federally- supported project. The GRANTEE may not use Federal funds for lobbying specifically to obtain grants and cooperative agreements. The GRANTEE must comply with 49 CFR`20, U.S. Department of Transportation "New Restrictions on Lobbying" 49 CFR 20 is incorporated by reference into this contract. 49 CFR 20 is available at: www.dot.gov/ostlm60/ rant/regs.htm. 2. GOVERNMENTWIDE' DEBARMENT AND SUSPENSION Non- procurement) The GRANTEE must comply with the provisions of EO 12549, "Debarment and Suspension," which generally prohibits entities that have been debarred, suspended, or voluntarily excluded from participating in federal non- procurement transactions either through primary or lower -tier covered transactions. The GRANTEE must comply with 2 CFR Part 1200, "Department of Transportation Non - procurement Suspension Debarment. GRANTEES are encouraged to subscribe to and utilize the Monthly Lists of Parties Excluded from Federal Procurement or Non - procurement Programs published by GSA and found at: www.e Is: ov. 2 CFR 1200 is incorporated by reference into this contract. 2 CFR 1.200 is available at www.ggoaccess by clicking on 2 CFR Part 1200 3. DRUG -FREE WORKPLACE The GRANTEE must comply with the provisions of Public Law 100 -690, Title V, Subtitle D, "Drug- Free Workplace Act of 1988," which require the Recipient to take steps to provide a drug -free workplace. The Recipient must comply with 49 CFR 32, "Government -wide Requirements. for Drug Free Workplace (Financial Assistance)," 49 CFR 32 is incorporated by reference into this contract. 49 CFR 32 is available at: www. dotgoov /osttm60Arantlord4600.htm Contract Number 11- DEM -LEPC -402 A2 of A2 The grantee may insert in the space provided below the site(s) for the performance of work done. in connection with the specific grant: PLACE OF PERFORMANCE (Street Address, City, County, State, Zip Code) (Street Address) (City, County, State, Zip Code). 2406 Leopard St. Corpus Christi, Nueces, Texas 78408 Suite 300 As the.duly authorized representative of the grantee, I hereby certify that the grantee will comply with the above certifications. Mar C. Rose,Interim City Ma nager (fume of LEPC Grant Recipient) (Printed Name and Title of Authorized Official) Ate. � 6w A Aav7q tz C. RO 1 64eel 44 (Signature of Authorized Official) (Date) -3 /3f) 1 1 1 Contract Number 11 -DEM- LEPC -002 0 APPENDIX B ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION Page B1 Of B2 The Corpus Christi /Nueces County LEPC (Grant Recipient) (hereinafter referred to as the "Recipient ") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation through the Texas Division of Emergency Management it wiil complywith Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 .(hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the .United States. shall , on the of race, color, sex or national origin; be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation through the Texas Division of Emergency Management, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this Agreement. This assurance is required by subsection 211(a) (1) of the "Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurance with respect to the project: 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections. 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program ") conducted, or will be (with regard to "facility ") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the 'Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200od -4 and Title 49 Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix C of this Agreement in every contract subject to the Act and the Regulations. 4. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. Contract Number I I -DEM- LEPC -002 Page B2 . of B2 5. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to .give. reasonable guarantee that it, other recipients, subgrantees, contractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Re guiatbns and this assurance. 6. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, bans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation and is binding on it, other reciplents, subgrantees, contractors, subcontractors, transferees, successors in interest and other ,participants in the Department of Transportation Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipients. Cor (Name of LEPC Grant Recipient) (Signature of Authorized Official) )s _County LEPC Margie C. Rose, Interim City Manager (Printed Name and Title of Authorized Official) Cj&ae, Weri'm dl ftyla J2r .(Dat 3 /30 l ) I Contract Number l i - DEM -LEPC -002 Page C1 of C2' APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination .in, Federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases. of equipment. The. contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontractors, Including Procurements of Materials and 'Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work . to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be noted by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books records, accounts, other sources of information, and its facilities as may be determined by the State of Texas or the Pipeline and Hazardous Materials Safety Administration..(PHMSA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Corous Christi /Nueces County ,LIEPC. TX DPS, Texas Division of Emergency Management or the Pipeline and Hazardous Materials Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the Cor .us Christi /Nueces County LEPC shall impose contract sanctions as it, TX DPS, Texas Division of Emergency Management or the Pipeline and Hazardous Materials Safety Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies; and /or (b) Cancellation, termination, or suspension of the contract, in whole or in part. Contract Number 11 -DEM -LEPC -002 Page C2 of C2 6. Incorporation of Provisions: The contractor shall include . the provisions of : paragraphs< (f ) #hrough (6) in , every `subcontract, including procurements of materials and 'leases. <of equipment, unless exempt by the Regulations; or directives issued` pursuant thereto. The contractor shall take such action with respect to any subcontract_ or procurements as the State of Texas.or the Pipeline and 'Hazardous Materials Safety Administration may direct as. a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the State of Texas to enter into such litigation to protect the interests of the Corpus Christi /Nueces County LEPC and, in addition the contractor may request the United States to enter into such litigation to protect the interest of the United States. Corpus Christi /Nueces County LEPC Margie C. Rose, Interim City Manager (Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official) � r� C oSel 14M1 0t 6h (Signature of Authorized Official) Data ( ) 1 :3n 1 11 Contract Number I 1 -DEM- LEPC -002 Page D1 of D2 APPENDIX D ;ASSURANCE OF COMPLIANCE WITH TITLE 1/I OF THE CIVIL !RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION The following clauses shall be included in all deeds, licenses, leases, permits or similar instruments entered; into by the Corpus Christi /Nueces County LEPC The [grantee, licensee; lessee, permittee, etc., as appropriate] for herself /himself; his /her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof does hereby: covenant and agree [in the case of deeds and leases add "as a covenant running with the land "] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the [grantee, licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services incompliance with all other requirements imposed pursuant to Title 49, Code of Federal , Regulations, Department of Transportation, Subtitle. A, Office of the Secretary, Part 21, Nondiscrimination of Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Fights Act of 1964, and as said Regulations may be. amended. [Include in licenses, Teases, permits, etc.]* That in the event of breach of the above non discrimination covenants, Corpus Christi /Nueces County LEPC shall have the right to terminate the [license, lease, permit, etc.] and to re -enter and repossess said land and the facilities thereon, and hold the same as if said f licenses, lease, permit, etc.] had never been made or issued, [include in deeds]* That. in the event of breach of any of the above nondiscrimination covenants, Corpus Christi /Nueces County LEPC shall have the right to re -enter said lands and facilities thereon, and the above . ..described lands`and facilities shall thereupon revert to and vest in and become the absolute property of Corpus Christi /Nueces'Count .LEPC and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by Corpus. Christi /Nueces. County LEPC The [grantee,. licensee, lessee, permittee, etc., as appropriate] for herself /himself, his/her personal representatives successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds, and leases add `'as a covenant running with the land "] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in Contract Number 1 i -DENT- LEPC -002 Page D2 of D2 the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race color, sex, or national origin shall be excluded, from the participation in, be denied the benefits of, or be otherwise subjected to discrimination and (3) that the [grantee, licensee, lessee, permittee, etc.] shall use the premises in compliance with.all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of.the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the Department. of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 and as said Regulations may be amended. [Include in licenses leases, permits, etc.]* That in the event of breach of any of the above nondiscrimination covenants Corpus. Christi /Nueces County LEPC shall have the right to terminate the [license, lease, permit, etc.] and tore -enter and repossess aid land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants Corpus: Christi /Nueces County LEPC have the right to re -enter said land and facilities thereon, and the above described lands and :facilities shall thereupon revert to and vest in and become the absolute property of State of Texas and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. Corpus Christi /Nueces'County LEPC Margie C. Rose, Interim City Manager (Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official) (Signature of Authorized Official) (Date) C 6 I • a Yip x /301 t ( Contract Number 11- DEM- LEPC -002 Page E1 of E3 APPENDIX E ASSURANCES - NON - CONSTRUCTION PROGRAMS NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency *. ( *Please contact State Project Officer listed within this Agreement.) As the duly authorized representative of the GRANTEE, I certify that the GRANTEE: 1. Has the legal authority to. apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate,. the State, through any authorized. representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a: proper accounting, system :in accordance with generally accepted accounting standards or agency directives: 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes. relating to nondiscrimination. These include but are not limited to :: ; (a) Title VI of :the Civil 'Rights Act of 1964 (P.L. 88 =352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§ §1681 -1683, and 1685- 1686), which prohibits discrimination on 'the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act Of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S :C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 U,S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 0) the requirements of any other nondischm !nation: statute($) which may apply to the application. Contract Number 1 l - DEM -LEPC -002 Page E2 of E3 7. Will comply, or has already complied, with the requirements of Titles If 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 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 (PL. 93 -234) which requires recipients in a special flood hazard area to participate .in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11,. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (PI. 93- 205). 12. Will comply with.the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. .13. Will. assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11.593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §46.9a -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. Contract Number 11- DEM -LEPC -002 Page E3 of E3 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. Cor us Chdsti/Nueces.Count .LEPC Margie C. Rose, Interim City Manager (Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official) i (Signature of Authorized Official) (Date) Contract Number 11- DEM -LEPC -402 ATTACHMENT 1 Page 1.1 of 1.7 , GENERAL TERMS AND CONDITIONS The uGRANTEE" agrees to comply with the conditions applicable to this Agreement as set forth in this document: 1 ACCOMPLISHMENT OF THE AGREEMENT. 1.1. General Requirements. The GRANTEE must commence, carry out, and complete the Agreement with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the terms of this document and all applicable laws, regulations, project or program schedules, and applicable U.S. Department of Transportation (DOT) or Receiving Agency published policies. The terms of 49 CFR -Part 18, 'Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," apply to this Agreement. 1.2 Compliance with Federal, State, and Local Law. In performing its obligations under this Agreement, the GRANTEE agrees to comply with all applicable provisions of 'Federal, State, and Iota] laws, regulations, and DOT directives. The. GRANTEE understands and agrees: that Federal laws, regulations policies, and related administrative practices in force and made applicable to this Agreement on the date of execution may be modified, and .that the most recent of such provisions iiuill govem administration of this Agreement, except if there is sufficient evidence in the Agreement of a contrary1ritent; likewise, new Federal laws regulations,. policies and administrative practices that`are'established after the date of execution may be applied to this Agreement. All limits or standards set forth in this Grant are minimum requirements. If there is a. conflict between Federal and State or local requirements, the GRANTEE must inform STATE in order that an appropriate resolution may be arranged. 1.3 Cost Principles. A GRANTEE must use program funds only for expenditures Incurred for approved activities in accordance with the Agreement Instructions, and the cost principles of OMB Circular.A -87, Revised, which are incorporated by reference in 49 CFR Part 18. 2 DELIVERABLES. 2.1. ..Published Materials. If the Performing Party publishes materials that have been prepared with grant funds, the GRANTEE must provide STATE and DOT reprints of the publication at no cost to STATE and DOT. The GRANTEE must acknowledge any publication based on work supported by this Agreement essentially as follows: "Publication of material was supported by the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Grant No. HMETX7014150 3 COPYRIGHTABLE WORK. if the Agreement results in a book or other copyrightable work, the GRANTEE or author may copyright the work, provided that the GRANTEE or author provides STATE. and DOT a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use the work, and to authorized others to do so, as set forth in Section 8 below. Contract Number 1 l - DEM -L,EPC -002 Page 1.2 of 1.7 4'' CHANGED CONDITIONS OF PERFORMANCE (Including Litigation). The GRANTEE must immediately notify the STATE and DOT of any change in local law, conditions, or any other event; including any litigation challenging the validity of or seeking interpretation of.any Federal law or regulation applicable to the Federal Hazardous Materials Transportation program, which may significantly affect the GRANTEE's, ability to perform the program in accordance with the terms of this Agreement. In addition, the GRANTEE must immediately notify the STATE of any decision pertaining to the GRANTEE's conduct of litigation that may affect STATE interests in the program or STATE administration or enforcement of applicable federal 'laws or regulations. Before the GRANTEE joins (as a third party) in litigation that affects STATE or DOT interests in the program, or STATE~ or DOT Administration or enforcement of applicable Federal Paws or regulations, the GRANTEE must first inform STATE and DOT. 5 ACCOUNTING RECORDS. 5.1 funds Received or Made Available for the Agreement 5.1.1 Allowable Costs. STATE will reimburse as allowable costs expenditures made by the GRANTEE to the extent that they meet all of the following requirements. Expenditures must: 5.1.1.1 Be made in conformance with the program budget and all other provisions of this Agreement; 6.1.1.2 Be necessary to accomplish the program objectives; 5.1.4.3 Be reasonable in amount for the goods or services purchased; 5:1.1.4 Be actual net costs to GRANTEE (i.e., price paid minus any refunds, rebates, or other value received by the GRANTEE that have the effect of reducing the cost actually incurred, excluding program income as defined in OMB Circular A-87, Revised); 5.1.1.5 Be incurred (and be for work performed) after the date of this Agreement, unless specific authorization from STATE to the contrary is received; 6.1.1.6 Be in conformance with the standards for allowability of costs set forth in OMB Circular A -87, Revised; 5.1.1.7 Be satisfactorily documented; and 5.1.1.8 Be treated uniformly and consistently under accounting principles and procedures approved or prescribed by the STATE 5.2 Audit and inspection. 5.2.1 The GRANTEE must permit the STATE, State Auditor's Officer, Secretary and the Comptroller General of the United States, PHMSA or any of their duly authorized representatives to inspect all work, materials, payrolls, and other data and records that pertain to the program, and to audit the books, records and accounts of the GRANTEE that pertain to the Agreement. Contract Number 1 l- DEM -LEPC -002 Page 1.3 of 1 7 5.2.2 The GRANTEE is responsible for meeting the audit requirements of OMB Circular A- 133, or any revision or supplement to the circular. 6.2.3 Closeout of the Agreement will not alter the GRANTEE's audit responsibilities. 6 EQUAL EMPLOYMENT OPPORTUNITY 6A In carrying out the approved program, the GRANTEE will not discriminate against any employee, applicant for employment, fellow or scholarship recipient because of race, color:, age, creed,.sex, sexual orientation, or national origin. - .6.2 :The GRANTEE will fake steps to ensure that applicants are employed, and that employees arew treated during employment, without regard to their race, color, age, creed, sex, or national origin. There shall be no discrimination in actions such as employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or otherforms of compensation; and selection for training, including apprenticeship. 6.3 The GRANTEE agrees to post in conspicuous places, available to employees, applications for employment, names of students, fellows and recipients of scholarships, fellowships and assistantships, and notices setting forth the provisions of this Equal Opportunity clause. 6.4 The GRANTEE must send to each labor union or representative of workers with which it has a collective bargaining or other agreement or understanding, a notice, advising the labor union or workers' representative of the GRANTEE's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 6.5 The GRANTEE must comply with all provisions of Executive Order No. 11 :246: (September 24, 1965), and of the rules, regulations, and relevant orders of the Secretary of Labor. 66 The GRANTEE must furnish all information and reports required by Executive Order No. 11246 (September 24, 1965), or by the rules, regulations, and.orders of the Secretary of Labor. The GRANTEE must also permit STATE, DOT, and the Secretary of labor access to the GRANTEE's books, records and accounts for STATE, DOT, and the Labor Secretary to deterrnlne the GRANTEE'S compliance with the Executive Orders, rules and regulations. 6.7 If the GRANTEE does not comply with the Equal Opportunity provision of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled., terminated or suspended, in whole or in part, and the GRANTEE may be declared ineligible for further Federal Grants, Cooperative Agreements, or Agreements. 6.8 The GRANTEE must include the provisions of TITLE VI of the Civil 'Rights Act of 1964' in every sub - agreement or purchase order, unless exempted by the Secretary of Labor, so that such provisions will be binding upon each sub- grantee or sub- contractor. The GRANTEE must take such action with respect to any sub- agreement or purchase order as DOT or the STATE may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, if the GRANTEE becomes involved in, or is threatened with, litigation with a sub - grantee or sub - contractor as a result of such direction by DOT, the Grantee may request DOT to enter into such litigation to protect the interests of DOT. Contract Number 11- DEM -LEPC -002 Page 1 4 of 17 6 9 Compliance with Title Vi of the Civil Rights Act of 1964. The GRANTEE must comply with Title VI of the Civil Right Act of 1964 (42 U.S.C. § 2000d), with DOT regulations entitled "Nondiscrimination in Federally- Assisted. Programs of the Department of Transportation- - Effectuation of "Title Vl of the Civil Rights Act of 1964,." 49 C.F.R. Part 21, and any other applicable regulations: 7 PATENT RIGHTS. 7.1 The patent rights clause of Attachment A of OMB Circular No. A -124, (implementing the Patent and Trademark Amendments of 1980, 35 D.S.C. § 200 et. seq.) and any subsequent amendments will apply, when the purpose is to perform experimental, development, or research work. 7.2 The GRANTEE, must notify the STATE promptly if any patentable invention(s) (e., . processes, compositions of matter:, or items thought to be new) is produced in the. course of work done :under this Agreement. Except as" stated in 37 CFR 401.3(a), the GRANTEE's given the right to retain title to any patents issued for work performed under this Agreement. 8 COPYRIGHTS. 8.1 Except as otherwise provided in the terms and conditions of this Agreement, the author or the GRANTEE may copyright any books, publications, or other copyrightable materials developed in the 'course of or under this Agreement. However, the STATE and DOT reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for State or Federal Government purposes. 9 The GRANTEE must not incorporate material copyrighted by others into any work product delivered under this Agreement unless it has acquired for the STATE and DOT a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for Government purposes. 9.1 The GRANTEE may arrange for publication of initial reports of original research, supported in whole or in part by Agreement funds, in primary scientific journals and copyright by the journal unless the journal's copyright policy would preclude individuals from making or having made by any means available to them, without regard to the copyright of the journal and without royalty, a single copy of any such article for their own use. 10 RIGHTS IN DATA. 10.1 The term "subject data" as used in this Agreement means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; audio- visual recordings such as films and videotapes; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. 10.1.1 Examples of "subject data" include, but are not limited to: engineering drawings and associated lists; specifications; standards; process sheets; manuals; technical reports; catalog item identifications; and related information. 10.1.2 The term does not include financial reports, costs analyses, and similar information incidental to program administration. Contract Number 11- DEM -LEPC -002 Page 1.5 of 1:7 10.2 With respect to all subject data first produced in the performance of this Agreement, STATE and DOT reserves a royalty-free, nonexclusive and irrevocable license to reproduce, , publish or otherwise use, and to authorize others to use, for State and federal Government; purposes: 10.2.1 Any work developed under this Agreement,. irrespective of whether or not a copyright has been obtained; and 10.2.2 Any rights of copyright to which the GRANTEE purchases ownership with DOT assistance. 10.3 When DOT provides assistance to the STATE for a program involving. emergency planning and training, it is DOT's intent to increase the body of transportation knowledge, rather than to limit the benefit of the program to the parties to the Agreement. Therefore, the STATE and GRANTEE :that have received assistance to support research, financed under the Federal Hazardous Material Transportation Law (49 U. S. C. Section 5101 et. seq.), understand and agree that, in addition to the rights set forth in Subsection 10.2 of this Agreement, DOT may make available 'to any DOT Grantee, sub- grantee, sub- recipient, third -party Contractor,. or third -party subcontractor, either DOT's 'license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. 10.4 Nothing contained In this clause implies a license to DOT under any patent or can be construed as affecting, the scope of any license or other right otherwise granted to DOT under any patent. 10.6 Subsections 10.2 through 10.3 of this. document are not applicable to material furnished to the GRANTEE, via the STATE, by DOT and incorporated in the work furnished under the Agreement, provided that the GRANTEE identifies the incorporated material when the work is delivered. 10.6 if the program, which is the subject of this Agreement, is not completed, for any reason whatsoever, all data developed under that program becomes subject data as defined in Subsection 10.1 of this Agreement and must be delivered as STATE or DOT may direct. f� 101 The requirements of Subsections 10.1 through 10.6 of this document must be included in all! sub - contracts, third party contracts of the GRANTEE under this program. 90.8 Collection of Data. The Performing Agency is prohibited from representing to their respondents that information is being collected for, or in association with, the Federal Government unless the HMEP Program Manager for the State and the Authorizing Official from the U.S. DOT have given prior approval and OMB clearance procedures contained in 5 CFR 1320 have been followed where required. 90.9 Rights in Technical Data to intangible property under this Agreement are governed in accordance with 49 CFR .18.34= "Copyrights." 11 PRIVACY. Should the STATE, or the GRANTEE, or their employees administer any system of records on behalf of DOT, the Privacy Act of 1974, 5 U.S.C. § 552a (the Act), imposes information requirements on the party administering the system of records. Contract Number 11- DEM -LEPC -002 Page 1.6 of 17 11.1 When the Agreement involves the operation of a system of records on individuals to accomplish a ©4T function, the STATE and the GRANTEE, and their employees involved in the function are considered, for purposes of the Privacy Act, to be DOT employees with respect to the 'DOT function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the Privacy Act or this'Secti`on.11 subjects this Agreement to termination. 112 Definitions. As used in Section 11: 11.2.1 "Operatiion of a system of records" means performance of any of the activities associated with maintaining the system of records on behalf of DOT including the collection, use and dissemination of records. .11.3 "Records." means any item, collection, or grouping of information about an individual that is maintained try the GRANTEE or STATE on behalf of DOT including, but not limited ta, his or her education, financial transactions, medical history, and criminal or employment history and.that contains his. or her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. 11.3.1 "System of records" on individuals means a group of any records under the control of the STATE or the GRANTEE on behalf of DOT from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying particular assigned to the individual. 11.4 The GRANTEE agrees. 11.4.1 To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. § 552a and, implementing regulations when performance under the program involves the design, development, or operation of any system of records on individuals to be operated by the GRANTEE, its subcontractors, or their employees to accomplish a. DOT function; 11.4.2 To notify DOT when the GRANTEE -, its subcontractors, or their employees anticipate operating a system of records on behalf 'of DOT in order to implement the program, if such system contains information about on individual's name or other identifier assigned to the individual. The GRANTEE may not use a system of records subject to the Act in performing this Agreement until the necessary. and applicable approval and publication requirements have been met. The GRANTEE its subcontractors, and their employees agree to correct, maintain, disseminate, and use such records in accordance with the terms of the Act, and to comply with all applicable terms of the Act; 11:4.3 To include in every solicitation and in every thlyd -party Agreement, when the performance of work under that proposed third -party Agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third -party Agreement or to accomplish a DOT function, a Privacy Act notification informing the third- party subcontractors that it will be required to design, develop, or operate a system of records on individuals to accomplish a DOT function subject to the Privacy Act of 1974, 5 U.S.C. § 552a., and applicable DOT regulations, and that a violation of the Act may involve the imposition of criminal penalties; and Contract Number 11 -DEM -LEPC -002 Page 1 7 of 1.7 11.4.4 To include the text of Subsections 11.4.1 through 11.4.3 in all third -party contracts, which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of DOT. 12' RECORDS. 1 :2.1 The GRANTEE must maintain records for this Agreement. to comply with 48 CPR § 18.42. Sections 18.42 provides that the GRANTEE must for 3 years retain financial records supporting documents, statistical records, records for non- expendable property, and all other records pertinent to this Agreement. 12.2 Records associated with any litigation, claim or audit started before the expiration of the 3 -year period, must be retained- until all litigation, claims or audit findings involving the records have been resolved. 11 Travel. Any travel necessary to carry out the objectives of this Agreement must use the Mott economical form of transportation available. All travel is to be scheduled sufficiently in advance, to the extent practicable, to take advantage of offered discount rates. Travel and Per Diem authorized under this Agreement must be incurred in accordance with the Government Travel Regulations currently in effect. Current per diem rates are listed at: http : / /www.gsa,gov /perdiem. 14 Title to Equipment. Title to equipment purchased or fabricated: under this grant vests in the Recipient or subrecipients, respectively, except DOT reserves the right to require the Recipient or subrecipient to transfer title to item of equipment to the Federal Government or a third party named by DOT, when such a third party is otherwise eligible under existing statutes. Such transfers are subject to the standards contained in 49 CFR 18.32. 1.6 Silte Visits. PHMSA, through its authorized representatives, may make site visits, at reasonable times; to review project accomplishments, management control systems and provide guidance as may be requested or required. If a site visit is made on the premises of the Recipient, subrocipient, subcontractor or third party under this Grant, the Recipient must provide and require all subrecipients, subcontractors or other third parties to provide reasonable facilities and assistance to PHMSA representatives in the performance of their duties. All site visits and evaluations will be performed in a manner to not unduly delay work activity under the Grant. Contract Number 11- DEM -LEPC -002 Page 2.1 of 2A . §.14 State of Texas Assurances (a) Scope. :In addition to federal requirements, state law requires a number of assurances from applicants for federal pass- through or other state- appropriated funds: An attempt has been made below to list major state and federal assurances. Generally, __not all :of these assurances. will be re aired for any one grant. However, it is the apQlicanfs res onsibilit to ensure that all assurances re ulred:b aWardinmagency are submitted. The. legal instrument for awarding state funds must be consistent with the standards 'prescribed herein; however, these standard conditions or assurances may be incorporated into contracts or grant agreements by reference rather than by being reproduced in their entirety. (1) RELATIVES., A subgrantee must comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or. employee authorized to employ or supervise such person. This prohibition shall not prohibit the:employment of a person,. who. shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee,. or governing body member related to such.person in the prohibited degree. (2) PUBLIC INFORMATION. A subgrantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in 'compliance with Texas Government Code Chapter 552, unless otherwise expressly prohibited by aw. (3) OPEN MEETINGS. A subgrantee must comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental. bodies to be open to the public; except as otherwise provided by law or specifically permitted in the Texas Constitution: (4) CHILD SUPPORT PAYMENTS. A subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5 *) MCAL 1:1'7 MUMAN SCKY.IUM PUMIc; sAI-E 1 Y 6]K LAW ENFORCEMENT AGENCY; if the subgrantee is a health, human services, public safety, or law enforcement agency, it will not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (G) . LAW ENFORCEMENT AGENCY. if the subgrantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, it must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. Contract Number i.1- DEM -LEPC -002 Page..2.2 of 24 (7) ADMINISTRATION: When incorporated into. a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall' maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See Section 36 for additional guidance on contract provisions). (8). SUSPECTED CHILD ABUSE. A subgrantee must comply with the Texas Family Code,. Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program :personnei are properly trained and aware of this requirement. 9) NONDISCRIMINATION. Subgrantees will comply with all federal statutes. relating to nondiscrimination. These include but are not limited to; (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title 1X of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685 -1686) which prohibits discnmirration on the basis of sex; (c) Section 504 of the Rehabilitation Act' of 1973, as amended (29 U S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended. (42 USG. § 96101- 6107), which prohibits discrimination on the basis of age; (e). the Drug Abuse Office and Treatment Act of 1 (P. L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the public Health Service Act of 1912 (42 U.S.C. § §290dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) `: LABOR STANDARDS. Subgrantees will comply, as applicable, with the provisions of the 'Davis -Bacon Act (40 U.S.C. §§276a to 276a -7), the Copeland Act (40 U.S.C.. §276c and 18 U:S.C. §874) and .the Contract. Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally assisted construction subagreements. (11) DISPLACED PERSONS. Subgrantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L, 91 -646), which_ provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. (12) POLITICAL ACTIVITY. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § §7321 -29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. :(13) LABOR. . FAIR STANDARDS ACT. Subgrantees will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. Contract Number I I - DEM -LEPC -002 Page 2.3 of 2;4 (14) PA VIOLATING FACILITIES. Subgrantees will insure that the facilities under its: ownership, lease; ors upeNislon which shall be utilized in the accomplishment of the projec# are hot listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency: of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA: (EO 11738). (16) FLOOD INSURANCE. Subgrantees will comply with the flood insurance' purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, . Public taw 93 -234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an:area having special flood hazards. (16) ENVIRONMENTAL STANDARDS.. Subgrantees will comply with environmental standards which may "be prescribed pursuant to the following: (a) institution of environmental quality control measures, under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11614; (b) notification of Violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to' E0 (d) evaluation of flood hazards in floodplains in accordance with EO 119:88; (e) assurance.of, project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955 as amended (42 U.S.C. § §7401 et seq.); (g) protection 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) (17) WILD AND SCENIC RIVERS. Subgrantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) HISTORIC PRESERVATION. Subgrantees will assist the awarding agency in assuring compliance with `Section 106 of "the National Historic Preservation Act of 1966, as amended (16 U S.0 §470), EO 11593 (identification and protection of Historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). (19) ANIMAL. TREATMENT. Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. "89 -544, as amended, 7 U.S.C. § §2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) LEAD -BASED PAINT. Subgrantees will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residential structures, (21) SMOKING PROHIBITION. Subgrantees will comply with Public Law 103 -277, also known as the Pro - Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) TAXES:. Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms, Contract Number 11- DEM -LEPC -002. Page 2.4 of 2.4 (23) COMPLIANCE WITH REQUIREMENT5. Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this.program. (24) INELIGIBLI; APPLICANTS. The applicant certifies that is and its principals are eligible to partic'ipal:e: and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 93224. Entities ineligible for federal procurement are listed at htt :Ilwww.e Is. ov. (25) HIVIAIDS. Subgrantees must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and:Safety Code Ann., Sec. 85:001, etseq. Corpus Christi /Nueces County LEPC Margie C. Rose, Interim City Manager (Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official) t .Se, /Y40M r (Signature of Authorized Official) (Date) x/30/) Contract Number 1 I -DEM- LEPC -002 ATTACHMENT 3 HMEP PLANNING GRANT PROGRESS REPORT LEPC: Cor ds ChristilNueces County LEPC 1.. For the period of: 2. Project Progress During the Period: 3. Problems Impeding Project &Actions Taken to Resolve Those Problems: 4 Planned Project Worse for the Next Month: S Estimated Project Completion;Date: Carpus ChristilNueces County LEPC (Name of LEPC Grant Recipient) (Printed Name and Title of Project Officer) (Signature of Project Officer) (Date) Instructions for filling out the Progress Report 1: For the period of.• • First Report (January- March) Due to the STATE by 30 of April. • Second Report (April - June) Due to the STATE by 36 of July. 2. Project Progress: Should Include a description of the work that has been performed, major purchases, if any, and an estimate of the percent of the project completed to date. For projects that involve multiple tasks, discuss each project independently Indicate which tasks, if any, are complete. 3. Problems: Describe any problems that have or may interfere with completing this project, on time, and what if anything has. been or can be done to resolve these problems. 4. Planned Work: Include a description of planned work to be performed, major purchases planned, if any for the upcoming reporting period' For projects that involve multiple tasks, discuss each. 5. The date entered must. be August 31 or earlier. ATTACHMENT 4 Contract Number I I -DEM -LEPC -002 HMEP PLANNING GRANT FINANCIAL REPORT s purchased LEPC: Corpus ChristilNueces County LEPC Fiscal: agent: Cif of Corpus Christi For the period of. . Project Cost (from Grant Agreement, Section 4A) $ 2. State Share (from Grant Agreement, Section 48) $ a. State reimbursement (Previously submitted) total $ b. State Share Request this report $ c. ,State Share balance (Line 2 - [2a + 2b]) $ 3. Local Match Share (from Grant Agreement, Section 4C) $ a: Local Match Share (Previously submitted) total $ b. Local Match Share this report $ c. 'Local Match balance (Line 3 - [3a + 3b]) $ 4. Invoiceslrecelpts or other expenses attached for reimbursement this report, Expense/Company Date of Invoice/ Amount of invoice) What wa I nl/oicE /recei 't from: recei t recei t City Corpus. Christi (Name Fiscal Agent) (Printed Name and Title of Fiscal Agent Representative) (Signature of Fiscal Agent Representative) (Date) Local match may be a cash match or a soft match. (See Agreement 4G (2) for information on soft match.) Proof of payment for expenses (in the form of canceled checks, bills marked "paid in full'; or other proof) must be attached to this report. • If the LEPC Match is not equal to 20% or more of the total funds expended to date, then the state share will be adjusted or remittance may be withheld until LEPC Match equals 20 %. Contract Number I I -DEM -LEPC -002 s purchased Contract Number I I -DEM -LEPC -002