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C2011-115 - 4/12/2011 - Approved
SUBRECIPIENT GRANT AGREEMENT GLO CONTRACT No. 11 -016- 000 -4314 COASTAL MANAGEMENT PROGRAM — CYCLE 15 This subrecipient grant agreement ( "Contract ") is entered into by and between the GENERAL LAND OFFICE ( "GLO "), a State agency, and the CITY OF CORPUS CHRISTI, TExAs ( "Subrecipient ") to provide financial assistance with funds received under the Texas Coastal Management Program ( "CMP ") Cycle 15 grant funds, to be made available to the State of Texas by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration ("NOAA "), pursuant to the Federal Coastal Zone Management Act of 1972, 16 United States Code Section 1451, et seq., NOAA Award No. NA1 ONOS4190207 ( "Grant "). The Grant funds are limited to use for implementation of a coastal zone management project under the CMP, administered by the GLO (as Coastal Zone Management Awards, CFDA #11.419) and as approved by the Coastal Coordination Council under Chapter 33, Subchapter C of the Texas Natural Resources Code. ARTICLE 1— GENERAL PROVISIONS 1.01 PURPOSE The purpose of this Contract is to set forth the terms and conditions of a Subgrant from the GLO to the Subrecipient under CMP Cycle 15. 1.02 CONTRACT DOCUMENTS The GLO and Subrecipient hereby agree that this document and the following Attachments, which are incorporated herein in their entirety for all purposes, shall govern this Contract: ATTACHMENT A: Project Work Plan and Budget ATTACHMENT A -1: Final, Actual Budget (To be Submitted) ATTACHMENT B: CMP Supplemental Terms and Conditions ATTACHMENT C: Federal Assurances — Construction (SF -424D) / Non - Construction (SF- 424B); Certification Regarding Lobbying Lower Tier Covered Transactions (Form CD -512); and Disclosure of Lobbying Activities Form (SF -LLL) ATTACHMENT D: General Affirmations Tx GLO 201.1 -115 Res. 029020 GLO Contract No. 11 -016- 000 -4314 04/12/11 Page 1 of 15 iNDEXED ATTACHMENT E: Sample Additional Required Forms: Progress Report Form; Invoice for Federal Expenditures; Monthly Grant Project Equipment Sheet; Monthly Grant Project Timesheet; Budget Amendment Form; Audit Reporting Form; and Historically Underutilized Businesses (HUB) Expense Report Form Local Match Expenditure Forms: Monthly Grant Project Equipment Sheet; Monthly Grant Project Timesheet; and Volunteer Timesheet ATTACHMENT F: Grant Closeout Form 1.03 DEi♦nOTIONS " Administrative and Audit Regulations means the regulations included in Title 43, Code of Federal Regulations, Part 12, Chapter 321 of the Texas Government Code; Subchapter F of Chapter 2155 of the Texas Government Code, and any other federal or state regulation applicable to the administration and audit of this Contract and the activities authorized by it. ` Budget ' means the budget for the Project funded by the Contract, a copy of which is included in Attachment A . " CMP Rules means the rules set forth in Chapters 501 through 506 of Title 31 of the Texas Administrative Code for the Texas Coastal Management Program, authorized by statute in Chapter 33, Subchapter C of the Texas Natural Resources Code. "Compliant Format" means the format for electronically stored information that complies with the standards set forth in Section 2.4 of Attachment B . " Deliverable(s) " means the work product(s) required to be submitted to the GLO as set forth in the Work Plan. " uinment means tangible personal property have a useful life of more than one (1) year and an acquisition cost of FIVE THousAND DOLLARS ($5,000.00) or more per unit. " Event of Default means the occurrence of any of the events set forth in Section 8.01 herein. " Federal Assurances and Certifications means federal (i) Standard Form 424B (Rev. 7- 97); or (ii) Standard Farm 424D (Rev. 7 -97), as applicable to the Project; and Form CD- 512 (Rev. 12 -04), in Attachment C . which must be executed by Subrecipient. " Final Report means a written report that must be received by the GLO upon completion of the Work Plan, as set forth in Section 4.02 herein. " Fiscal Year means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. " GAAP " means "generally accepted accounting principles" as applicable. " GASB " means accounting principals as defined by the Governmental Accounting Standards Board. GLO Contract No. 11-016-000-4314 Page 2 of 15 "General Affirmations" means the affirmations in Attachment D , attached hereto and incorporated herein for all purposes, to which Subrecipient certifies by the signing of this Contract. " Grant Administrator means the GLO staff member responsible for administering the Grant, Melissa Porter, GLO Coastal Resources Division (512.475.1393 or Melissa. orter lo.state.tx.us) or her designee. " means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code. " Mentor Proteag means the Comptroller of Public Accounts' leadership program found at: http: / /www.window.state.tx.us/ procurement /progthub /mentorpr©tege /. " Plans ". mean the engineering specifications, construction plans, and/or architectural plans for the construction of improvements approved by the GLO for the Project, if any. " Progress Reports means written progress reports that must be received by the GLO monthly or quarterly, as set forth in Section 4.02 herein. " Project " means the activities involved in "Corpus Christi Beach: ADA Water Access Improvements and Promenade Expansion," described in Section 2.01, and detailed in the Work Plan in Attachment A of this Contract. " Prompt Pay Act means Chapter 2251, Subtitle F of Title 10 of the Texas Government Code. " Public Information Act means Chapter 552 of the Texas Government Code. " State of Texas Textravel means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. " Subgrant " means the pass - through grant funds received through the Grant and approved for use by Subrecipient in accordance with the terms of this Contract. " Subrecipient " means the City of Corpus Christi, selected to accomplish the Project under this Contract. " Subcontractor " means an individual or business that signs a contract to perform part or all of the obligations of Subrecipient under this Contract. " Work Plan means the statement of work and special conditions, if any, contained in Attachment A. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11 -016 -000 -4314 Page 3 of 15 1.04 INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; (b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, attachment, work order, or schedule of this Contract unless otherwise specified; (c) The term "including" is not limiting, and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; (e) All attachments within this Contract, including those incorporated by reference, and any amendments, are considered part of the terms of this Contract; (f) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms; (g) Unless otherwise expressly provided, reference to any action of the GLO or by the GLO by way of consent, approval, or waiver shall be deemed modified by the phrase "in its /their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed; (h) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; (i) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (j) Time is of the essence in this Contract. REMAINDER OR PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11 -016 -000 -4314 Page 4 of 15 ARTICLE 2. CMP SUBGRANT AWARD AND SCOPE OF PROJECT 2.01 CMP GRANT AWARD Subrecipient submitted an application for Subgrant funds under CMP Cycle 15. The Coastal Coordination Council has approved the Subgrant Award to Recipient based on Subrecipient's application. Subject to the terms and conditions of this Contract, the GLO agrees to make a Subgrant to Subrecipient in an amount not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000.00), payable in installments as reimbursement of allowable expenses incurred by Subrecipient, to be used in strict conformance with the Budget in Attachment A hereto. Subrecipient shall contribute SIXTY -SEVEN THOUSAND DOLLARS ($67,000.00) in matching funds or in -kind services, for a total amount not to exceed ONE HUNDRED SIXTY -SEVEN THOUSAND DOLLARS ($167,000.00) for the duration of the Contract. It is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture, and to be reimbursed for, any payments made by the GLO under this Contract that Subrecipient has not used in strict accordance with the terms and conditions of this Contract and the Grant Award Agreement. THIS RECAPTURE PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. THE GLO IS NOT LIABLE TO SUBRECIPIENT FOR ANY COSTS INCURRED BY SUBRECIPIENT BEFORE THE EFFECTIVE DATE OF THIS CONTRACT OR AFTER TERMINATION OF THIS CONTRACT. 2.02 PROJECT AND WORK PLAN The Project shall. be performed in accordance with the Work Plan and Budget in Attachment A; the Supplemental Terms and Conditions in Attachment B; the Federal Assurances and Certifications in Attachment C; and the General Affirmations in Attachment D. The Work Plan or the scope of the Project may be amended by the Grant Administrator upon submission of a written request and detailed justification by Subrecipient. Some modifications may require the approval of NOAA, which may cause significant delays. ANY COSTS INCURRED WHILE WAITING FOR APPROVAL OF THE REQUESTED CHANGES ARE THE RESPONSIBILITY OF SUBRECIPIENT. THE GRANT ADMINISTRATOR WILL INFORM SUBRECIPIENT IF THE REQUEST IS APPROVED. 2.03 REAL ESTATE IMPROVEMENTS AND LAND ACQUISITION REQUIREMENTS If applicable, Subrecipient should ensure compliance with Supplement Article 4, Special Conditions Applicable to Real Estate Improvements and Land Acquisitions, in Attachment B. GLO Contract No. 11 -016- 000 -4314 Page 5 of 15 ARTICLE 3. TERM 3.01 DURATION AND EXTENSION OF TERM (a) This Contract shall be effective as of the date signed by the last parry, and shall terminate upon completion of the Project or on March 31, 2012, whichever is earlier. Upon receipt of a written request and acceptable justification from Subrecipient, the GLO may extend this Contract for a period not to exceed three (3) months. Any request for extension must be received by the GLO at least forty -five (45) days before the Contract's original termination date. (b) HOWEVER, NOTWITHSTANDING THE PRECEDING SECTION 3.01(a), NO WORK MAY BEGIN AND NO COSTS WILL BE REIMBURSED FOR WORK UNDERTAKEN PRIOR TO OCTOBER 1, 2010. 3.02 EARLY TERMINATION The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. Upon receipt of any such notice, Subrecipient shall cease work, undertake to terminate any relevant subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the parties, accrued up to the date of termination. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-016-000-4314 Page 6 of 15 ARTICLE 4. GRANT ADMINISTRATION 4.01 SUBMISSIONS Except for legal notices that must be sent by specific instructions under Section 9.07 below, any written report, form, or request required to be submitted to the Grant Administrator under this Contract shall be sent in Compliant Format via email to the following email address: htt : / /www. lo.state.tx.us /coastal/ rants /subreci ient.html 4.02 PROGRESS REPORTS Subrecipient shall submit monthly / quarterly progress reports and a Final Report, as required in the Work Plan, in Compliant Format to the Grant Administrator at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in Attachment B. 4.03 DELIVERABLES Subrecipient shall submit each of the Deliverables, as required in the Work Plan, in Compliant Format to the Grant Administrator at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in Attachment B. The GLO may require Subrecipient to conform any data presentation or products funded under this Contract to reflect GLO comments. Deliverable due dates may be amended by the Grant Administrator upon submission of a written request and detailed justification by Subrecipient. Modifications may require the approval of NOAA, which may cause significant delays. THE GRANT ADMINISTRATOR WILL INFORM SUBRECIPIENT IF THE REQUEST IS APPROVED. 4.04 REIMBURSEMENT REQUESTS Subrecipient shall submit requests for reimbursement for costs allowed under this Contract at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in Attachment B. Subrecipient may not charge "other operating costs" (Le., administrative costs, computer usage fees, etc.) in addition to indirect costs, if such costs are already included in the calculation to determine Subrecipient's indirect cost rate. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11- 016 -000 -4314 Page 7 of 15 ARTICLE 5 -STATE FUNDING 5.01 STATE FUNDING This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Texas Constitution, Article III, Section 49. In compliance with Texas Constitution, Article VIII, Section 6, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11 -016- 000 -4314 Page 8 of 15 ARTICLE 6. INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND USE (a) The parties to this Contract expressly agree that all right, title, and interest in, and to, all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract shall be jointly owned by the parties with each party having the right to use, reproduce, or publish any or all of such information and other materials without the necessity of obtaining permission from the other party and without expense or charge. (b) The United States Government is granted a royalty free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for U.S. Government purposes, all reports, drafts of reports, or other material, data, drawings, computer programs, and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract. 6.02 NONENDORSEMENT BY THE STATE AND THE UNITED STATES Subrecipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, or other publications) that states or implies State of Texas or U.S. Government, or government employee, endorsement of a product, service, or position that the Subrecipient represents. No release of information relating to this Grant may state or imply that the State of Texas or the U.S. Government approves of Subrecipient',s work products, or considers Subrecipient's work product to be superior to other products or services. 6.03 PUBLICATION DISCLAIMERS REQUIRED The specific acknowledgements and funding statements that must be included in certain publications funded by the Subrecipient are set forth in Article 3 of Attachment B. 6.04 SURVIVAL THE PROVISIONS OF THIS ARTICLE 6 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11- 016 -000 -4314 Page 9 of 15 ARTICLE 7 -RECORDS / AUDITS I RETENTION / PUBLIC RECORDS 7.01 BooKs AND RECORDS AND AuDiTs Subrecipient shall keep and maintain full, true, and complete records in accordance with GAAP or GASB, whichever is applicable, necessary to fully disclose to the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. 7.02 PERIOD OF RETENTION ' Subrecipient shall retain all records relevant to this Contract for a minimum of four (4) years. If any federal funds are used in the Contract, Subrecipient shall retain said records for a minimum of five (5) years. The period of retention begins at the date of payment by the GLO for the goods or services or from the date of termination of the Contract, whichever is Iater. The period of retention shall be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. 7.03 PUBLIC REcoRDs Pursuant to the Public Information Act, records received from Subrecipient may be open to public inspection and copying. The GLO will have the duty to disclose such records, unless a particular record is made confidential by law or excepted from the Act. Subrecipient may clearly label any individual records as a "trade secret," provided that Subrecipient thereby agrees to indemnify and defend the GLO for honoring such designation. The failure to so label any record shall constitute a complete waiver of any and all claims for damages caused by release of the records. If a request for a labeled record is received by the GLO, the GLO will notify Subrecipient of the request in accordance with the Public Information Act, REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11- 016 -000 -4314 Page 10 of 15 ARTICLE S. EVENTS OF DEFAULT AND REMEDIES 8.01 EVENTS OF DEFAULT Each of the following events shall constitute an Event of Default under this Contract: (i) Subrecipient's failure to comply with any term, covenant, or provision contained in this Contract; (ii) Subrecipient makes a general assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (iii) if at any time, Subrecipient makes any representation or warranty that is incorrect in any material respect to the Work Plan, any request for payment submitted to the GLO, or any report submitted to the GLO related to the Contract. 8.02 REMEDIES; NO WAIVER Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself of any legal remedy. A right or remedy conferred by this Contract upon either Party is not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing upon the. occurrence of an Event of Default. The failure of the GLO either to insist at any time upon the strict observance or performance of any of the provisions of this Contract, or to exercise any right or reinedy as provided in this Contract, shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-0 16-000-4314 Page 11 of 15 ARTICLE 9. MISCELLANEOUS PROVISIONS 9.02 CONTRACT AMENDMENT Unless otherwise provided herein, any amendment to this Contract must be made by formal Contract amendment, executed by both parties and, if required by federal law, approved by NOAH. 9.02 LEGAL OBLIGATIONS Subrecipient shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services required by this Contract. Subrecipient will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient agrees to be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. Subrecipient shall not commence construction of the Project until it has obtained the requisite licenses and /or permits. COPIES OF SUCH LICENSES AND PERMITS SHALL BE INCLUDED AS A PART OF THE PROGRESS REPORT, AS DEFINED IN THIS CONTRACT, FOR THE PERIOD DURING WHICH THEY ARE OBTAINED. 9.03 INDEMNITY AS GOVERNMENTAL ENTITIES AND AS REQUIRED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, EACH PARTY UNDERSTANDS THAT THEY ARE LIABLE FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, OR DEATH RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTY. IN THE EVENT THAT THE GLO IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION ARISING OUT OF ALLEGATIONS OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM THE ACTS OR OMISSIONS OF SUBRECIPIENT, AND FOR WHICH THE GLO IS LIABLE, IF AT ALL, ONLY THROUGH THE VICARIOUS LIABILITY OF SUBRECIPIENT, THEN, IN SUCH EVENT, SUBRECIPIENT AGREES THAT IT WILL PAY, ON BEHALF OF THE GLO, ALL COSTS AND EXPENSES OF LITIGATION (INCLUDING ANY COURT COSTS, REASONABLE ATTORNEYS' FEES, FEES OF ATTORNEYS APPROVED BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL) AS WELL AS ALL AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM, ACTION, OR SUIT, INCLUDING JUDGMENT OR VERDICT, ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT. IN THE EVENT THAT SUBRECIPIENT IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION SEEKING ANY DAMAGES FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH RESULTING OUT OF THE GLO'S ACTIONS OR OMISSIONS, AND SUBRECIPIENT'S SOLE LIABILITY, IF ANY, IS ONLY VICARIOUSLY THROUGH THE GLO, THEN, IN SUCH EVENT, THE GLO AGREES TO PAY ANY AND ALL CLAIMS, DEMANDS, OR LOSSES, INCLUDING EXPENSES OF LITIGATION (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) INCURRED BY SUBRECIPIENT, INCLUDING ANY VERDICTS OR JUDGMENTS OR AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM ARISING OUT OF, OR IN CONNECTION WITH THIS CONTRACT. ANY ATTORNEYS RETAINED BY SUBRECIPIENT TO REPRESENT GLO Contract No. 11 -016 -000 -4314 Page 12 of 15 ANY INTEREST OF THE GLO MUST BE APPROVED BY THE GLO AND BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL. ANY ATTORNEYS RETAINED BY THE GLO TO REPRESENT THE INTEREST OF SUBRECIPIENT MUST BE APPROVED BY SUBRECIPIENT. 9.04 ASSIGNMENT AND SUBCONTRACTS (a) Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract not encompassed within the Work Plan without the prior written consent of the GLO. Notwithstanding this provision, it is mutually understood and agreed that Subrecipient may subcontract with others for some or all of the services or work to be performed. In no event may Subrecipient delegate or transfer its responsibility for use of the fluids under this Contract. (b) In any approved subcontracts, Subrecipient shall legally bind any such subcontractors to perform, and make such subcontractors subject to, all the duties, requirements, and obligations of Subrecipient specified herein. Nothing in this Contract shall be construed to relieve Subrecipient of the responsibility for ensuring that that the goods delivered and/or the services rendered by Subrecipient and /or any of its subcontractors comply with all the terms and provisions of this Contract. Subrecipient will provide written notification to the GLO of any such subcontractor performing fifteen percent (15 %) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed, and the number of subcontractor employees expected to work on the task. (c) The GLO and NOAA shall have the right to initiate communications with any subcontractor, and may request access to any books, documents, papers, and records of a subcontractor directly pertinent to this grant. Such communications may be required to conduct audits and examinations and gather additional information, 9.05 RELATIONSHIP OF THE PARTIES Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract, and, in respect to Subrecipient's performance pursuant to this Contract, Subrecipient shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer- employee or principal- agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Subrecipient or any other party. 9.46 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Subrecipient shall comply with all applicable federal, state, and local laws, ordinances, and regulations. Subrecipient shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract. GLO Contract No. 11-016-000-4314 Page 13 of 15 9.07 NO TICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue, Room 910 Austin, TX 78701 Attention: Legal Services Division Subrecipient City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 Attention: ; � Director Wrt t'Ia c� Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 9.08 GOVERNING LAW AN VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Subrecipient irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds .of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 9.09 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law, this Contract shall be construed as if such provision did not exist and the non - enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 9.10 DISPUTE RESOLUTION If a Contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the GLO Contract No. 11-016-000-4314 Page 14 of 15 parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision shall not apply to any matter with respect to which either party may make a decision within its respective sole discretion. 9.11 PROPER AUTHORITY Each party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Subrecipient acknowledges that this Contract is effective for the period of time specified in the Contract. Any services performed by Subrecipient before this Contract is effective or after it ceases to be effective are performed at the sole risk of Subrecipient. 9.12 ENTIRE CONTRACT AND MODIFICATIONS This Contract, its integrated attachment(s), and any purchase order issued in conjunction with this Contract constitute the entire agreement of the parties and are intended as a complete. and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms, in such attachment(s) and/or purchase order shall be harmonized with this Contract to the extent possible. Unless such integrated attachment or purchase order specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the terms of this Contract. 9.13 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. If the Contract is not executed by the GLO within thirty (30) days of execution by the other party, this Contract shall be null and void. SIGNATURE PAGE FOLLOWS GLO Contract No. 11 -016 -000 -4314 Page 15 of 15 SIGNATURE PAGE FOR GLO CONTRACT No. 11-016-000-4314 GENERAL LAND OFFICE Larry L. nine, Chief Clerk/ Deputy Land Commissioner Date of execution: L *s A. Div. A.G.C. G.C. CITY OF CORPUS CHRISTI a- By: I AAA ojj f (. Pj)SL Title: rim CAM Date of execution: SY COUNCIL REMAINDER OF PAGE INTENTIONALLY LEFT BEANPW ATTACHMENTS FOR GLO CONTRACT No. 11-016-000-4314 ATTACHMENT A PROJECT WORK PLAN AND BUDGET ATTACHMENT A -1 FINAL, ACTUAL BUDGET (TO BE SUBMITTED) ATTACHMENT B CMP SUPPLEMENTAL TERMS AND CONDITIONS ATTACHMENT C FEDERAL ASSURANCES - CONSTRUCTION OR NON - CONSTRUCTION PROGRAMS AND CERTIFICATIONS REGARDING LOBBYING ATTACHMENT D GENERAL AFFIRMATIONS ATTACHMENT E: SAMPLE ADDITIONAL REQUIRED FORMS: Progress Report Form; Invoice for Federal Expenditures; Monthly Grant Project Equipment Sheet; Monthly Grant Project Timesheet; Budget Amendment Form; Audit Reporting Form; and Historically Underutilized Businesses (HUB) Expense Report Form Local Match Expenditure Forms: Monthly Grant Project Equipment Sheet; Monthly Grant Project Timesheet; and Volunteer Timesheet ATTACHMENT F: GRANT CLOSEOUT FORM Attachment A GLO Contract No. 11- 016 - 000 -4314 Page 1 of 3 Attachment A - Work Plan and Budget Contract Number: 11- 016 -000 -4314 Project Name: Corpus Christi Beach: ADA Water Access Improvements and Promenade Expansion Entity: City of Corpus Christi Project Description: As part of its effort to remove barriers to beach access for people with disabilities, increase public recreational opportunities near and in coastal waters, and promote environmental awareness about coastal natural resources, the City of Corpus Christi requests $100,000 for the infrastructure improvements at Corpus Christi Beach. The City seeks support to install: (1) a 10 feet wide by 100 feet long ADA compliant beach/water access mat; (2) a 1,3501inear feet (13,500 square feet) expansion of the Corpus Christi Promenade; (3) eight educational signs that will interpret the bay's coastal natural resources; (4) native landscaping; (5) a shade structure; and (6) two drinking fountains. Providing beach access for people with disabilities is complicated due to the dynamic nature of coastal shores. Corpus Christi Beach, an urban waterfront within Corpus Christi Bay, provides the perfect location for the installation of a beach/water access mat. The mat will be attached to the Corpus Christi Beach Promenade expansion, discussed below, at a location that is close to existing ADA accessible bathrooms and parking. Beach access mats are designed to roll out to the water line and be easily removed prior to storm events. The Corpus Christi Beach Promenade is a 10 -foot wide concrete pathway that parallels the beach. The master plan for the promenade, envisioned by the CMP- funded (Cycle 2; 1998) Corpus Christi Beach Action Plan, is to build a promenade from the U.S. S. Lexington Museum parallel to the water to the north jetty, a length of approximately 4,347 linear feet. The City proposes to expand the promenade by 1,350 linear feet to connect the existing end point of the promenade at Gulf Spray Avenue to the Beach Avenue parking lot. Expansion of the promenade will allow for the installation of the beachlwater access mat and connect it to two existing parking lots with ADA compliant parking spaces. Phase I of the promenade was .funded by a CMP grant in 2002, The City built Phase lI of the promenade with local Funds in 2006. This phase (Phase 111) of the promenade expansion is particularly important because it connects the existing promenade to two existing public parking lots. The parking lots, at Gulf Spray Avenue and Beach Avenue, have approximately 64 parking spaces. Phase III extends the promenade out of the hotel district into an area of public beach that is more easily accessible to day visitors. Phase IV will complete the promenade, extending it 2,275 linear feet to the North Jetty, Phase IV will be entirely City funded. Both Phase III and Phase IV are anticipated to be completed in 2011, prior to the spring tourist season. City voters approved bonds in 2008 to support the completion of the promdnade. Attachment A GLO Contract No. 11 -016- 000 -4314 Page 2 of 3 Attachment A - Work Plan and Budget Along the expanded promenade, the City will install eight interpretative signs. The signs will educate the.public about the bay system's coastal natural resources, environmental threats, and actions to protect the environment. Topics covered will include the need for water conservation, the importance of freshwater inflow, water quality and nonpoint source pollution, ongoing wetland restoration projects within the bay system, and the importance of using native landscaping. The signs will be spaced along the promenade and offer visitors the opportunity to leam while walking. Additional improvements to the promenade funded by this proposal will include the installation of two water fountains, which will be wheelchair accessible, the installation of one shade structure, and native landscaping. Improvements will be built on land owned by the Texas General Land Office already under lease to the City for public access improvements. The approval of this application, with ADA beach access and Phase III promenade expansion, along with City's simultaneous funding of Phase IV of the promenade expansion, will provide the constituents and visitors of Corpus Christi 1A miles of continuous ADA compliant public beach access_ Project Budget: CMP Subrecipient Third Party Project Total Salaries $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $100,000.00 $67,000.00 $0.00 $167,000.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal: $100,000.00 $67,000.00 $0.00 $167,000.00 Indirect $0.00 $0.00 $0.00 $0.00 Total: $100,000.00 $67,000.00 $0.00 $167,000.00 Attachment A GLO Contract No. 11- 016 -000 -4314 Page 3 of 3 Attacbment A - Work Plan and Budget Special Award Conditions: 1. This project must be completed as described in this work plan. 2. The GLO and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 3. In the event that the GLO and NOAA determine that the project or property is no longer used for its original purpose, the recipient shall reimburse NOAA for the federal funds received for the project. 4. CMP and NOAA logos, including appropriate acknowledgment statement, must be printed on education/outreach materials, signs, and final reports and /or publications. Task 1 Description: Construction of Phase III Contract for the installation of (1) a 10 feet wide by 100 feet long ADA compliant beach/water access mat; (2) a 1,350 linear feet (13,500 square feet) expansion of the Corpus Christi Promenade; (3) eight educational signs that will interpret the bay's coastal natural resources; (4) native landscaping; (5) a shade structure; and (6) two drinking fountains. The city has already contracted for design services which fall outside the scope of this grant request. Deliverable(s)/Milestone(s): 1. Copies of local building permits. 2. Copies of authorization from GLO to matte improvements to state property. 2. Copies of draft and final designs and bid documents. 3. Photos of the 1,350 linear feet promenade and ADA beach access mat; one shade stricture; two drinking fountains; eight interpretative signs; and native landscaping. Deliverable Due Date(s): 10/31/2011 Attachment B Page I of 14 CMP SUBGRANT SUPPLEMENTAL TERMS AND CONDITIONS ARTICLE 1- GRANT ADMINISTRATION 1.1 GENERAL REQUESTS Subrecipient may submit requests provided for in the Contract, in writing via email, in Compliant Format. Requests must cite the nature of the request, the section of the Contract that authorizes the request, and a detailed justification for the request. A request is granted only upon receipt by Subrecipient of written approval from the Grant Administrator. 1.2 GRANT ADMINISTRATION FORMs (a) Recurring forms that must be submitted to the GLO Grant Administrator can be downloaded at the following web address: http: / /www.glo. state. tx. us /coastal/grants /sgbrecipient.html A copy of the current version of each recurring form required is included in Attachment E, for convenience. However, as these forms are updated from time to time, Subrecipient should periodically check the website for updated forms. Subrecipient is responsible for using the proper forms. (b) Subrecipient must submit certain additional forms required by the Contract or the Grant to show that Subrecipient has complied with required state and federal laws applicable to the Grant. The forms and certifications described below are found in Attachment C. (i) Either the federal Assurances for Construction Programs (Standard Form 424D) or Assurances for Non - Construction Programs (Standard Form 424B), as applicable to the Project, is found at Page 1 of Attachment C, and must be executed by Subrecipient. (ii) Certifications Regarding Lobbying Lower Tier Covered Transactions (Form CD -512) is found at Page 3 of Attachment D, and must be executed by Subrecipient, Subrecipient may check for vendor debarment at the Federal General Services Administration's Excluded Parties List System at: www.epls.gov (iii) Disclosure of Lobbying Activities Form (Standard Form -LLL) is found at Page 4 of Attachment E, and must be submitted by CMP Subgrant Supplemental Terms and Conditions Attachment B Page 2 of 14 Subrecipient if required by Section 5.5 of the Supplemental Terms and Conditions, relating to Lobbying Disclosure. 1.3 PROGRESS REPORTS Subrecipient shall submit monthly progress reports that must be received by the GLO on or before the 10th day of each calendar month during the term of this Contract, commencing January 10, 2011 ( "Progress Reports "). Progress Reports must be submitted electronically in Compliant Format to the Grant Administrator on the .Progress Report form, a sample of which is attached hereto in Attachment E . The Progress Report form may be downloaded at: httlp://www.gIo.state.tx.us/coastallgrants/subrecilpient.htm All Progress Reports shall include: (a) a brief statement of the overall progress of each task identified on the Work Plan since the last progress report; (b) a brief description of any problems that have been encountered during the previous reporting period that will affect the Work Plan, delay the completion of any portion of this Contract, or inhibit the completion of or cause a change in any of the Work Plan objectives; (c) a description of any action Subrecipient plans to undertake to correct any problems that have been encountered; and (d) a status report on the Budget, as defined in this Contract. In addition, Subrecipient must submit a Project closeout form to the GLO Grants Administrator upon completion of the Project. The closeout form may be found at: http: / /www.Lylo. state. tx. us/ coastallarants /subrecipient.html 1.4 DELNERABLES Subrecipient shall submit electronically each of the Deliverables set forth in the Work Plan in Attachment A, in Compliant Format, and in the time and manner prescribed therein, to the Grant Administrator. 1.5 REIMBURSEMENT REQUESTS Each request for reimbursement shall: (a) prominently display "GLO Contract No. 11- 016 -000- 4314" the failure of which may significantly delay payment under the Contract; (b) be on the approved GLO forms, which may be downloaded at: http: / /www.glo. state. tx. us/ coastallgrants /subrecipient.html provided, however, that a university or university system may submit its standard invoice in lieu of a GLO invoice form. CMP Subgrant Supplemental Terms and Conditions Attachment B Page 3 of 14 (c) be supported by an invoice detailing each expense by Budget category in accordance with the Project Budget in Attachment A; (d) include a timesheet or a payroll clearing account spreadsheet; and (e) provide such other information as the GLO may request. Each invoice shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment must be submitted in Compliant Format via email to the Grants Administrator quarterly, on or before the 1 Oth day of calendar quarter. REQUESTS FOR REIMBURSEMENT UNDER THIS CONTRACT MUST BE RECEIVED BY THE GLO NOT LATER THAN SIXTY (60) DAYS FROM THE DATE SUBRECIPIENT INCURS THE EXPENSE. NOTWITHSTANDING THE PRECEDING, REQUESTS FOR REIMBURSEMENT FOR EXPENSES INCURRED BY ANY SUBCONTRACTOR MUST BE RECEIVED BY THE GLO NOT LATER THAN THIRTY (30) DAYS FROM THE DATE THE SUBRECIPIENT RECEIVES THAT INVOICE FROM A SUBCONTRACTOR. FAILURE BY SUBRECIPIENT TO COMPLY IN A TIMELY MANNER WITH THESE TWO REQUIREMENTS MAY, AT THE GLO SOLE DISCRETION, RESULT IN DENIAL OF THE REQUEST FOR REIMBURSEMENT.. 1.6 BUDGET VARIANCE Upon written request and justification by Subrecipient to the Grants Administrator, reallocation among , budget categories may be allowed. Subrecipient must use the GLO Budget Amendment Form. This form may be downloaded at: httip://www.&Io.state.tx.us/coastal/grants/subrecipient.html Such reallocations may not increase the amount of the grant or total Budget; may not total more than fifteen percent (15 %), in the aggregate, of the total Project Budget; and shall be effective only after approval by the GLO. Any request for a variance that changes the total budget amount or the Project scope or outcome may be allowed only through the formal, written Contract amendment process. A FINAL, ACTUAL BUDGET, TO BE ATTACHED HERETO AS ATTACHMENT A -1 , SHALL BE SUBSTITUTED FOR THE EXISTING BUDGET IN ATTACHMENT A, AND SHOULD BE SUBMITTED NO LATER THAN THIRTY (30) DAYS FROM THE EXPIRATION OR TERMINATION DATE OF THE CONTRACT. 1.7 RETAINAGE APPLICABLE TO CONSTRUCTION PROJECTS To ensure full performance, the GLO may retain an amount equal to thirty -three percent (33 %) of Subrecipient's grant amount until Subrecipient's delivery, and GLO's approval, of all Deliverables required herein. The GLO shall make a final disbursement only upon receipt of documentation sufficient to determine that Subrecipient has completed the Project in accordance with the Work Plan, and CMP Subgrant Supplemental Terms and Conditions Attachment B Page 4 of 14 that all requirements of the Contract and the relevant provisions of the Grant have been fulfilled by Subrecipient. 1.$ PURCHASES. Subrecipient shall not purchase any equipment and/or computer software not included as a reimbursable item shown on the Budget in Attachment A. Title and possession of any Equipment will remain the property of Subrecipient unless and until transferred to the GLO, upon written request by the GLO. Subrecipient shall furnish, with its final request for reimbursement, a list of all Equipment purchased with grant fluids under the Contract, including the name of the manufacturer, the model number, and serial number. The disposition of any Equipment shall follow the Administrative and Audit Regulations. 1.09 AUDIT REQUIREMENTS (a) The GLO, as a pass - through entity, has the responsibility to ensure that Subrecipients expending FIVE HUNDRED THOUSAND DOLLARS. ($500,000.00) or more in federal awards during each of the Subrecipient's fiscal years of funding have met audit requirements in accordance with U.S. Office of Management and Budget Circular A -133. If applicable, Subrecipient shall complete and return the Audit Reporting Norm no later than September Iof each year until the Contract is terminated. The Audit Reporting Form may be downloaded at: http : / /www.glo. state. tx. us/ coastal/grants /subrecipient.html. (b) In addition, Subrecipient agrees that all relevant records related to this Contract and any Deliverables produced in relation to this Contract, including the records and Deliverables of its Subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and Deliverables shall be subject, at any time, to inspection, examination, audit, and copying at any location where such records and Deliverables may be found, with or without notice from the GLO or other government entity with necessary legal authority. Subrecipient agrees to cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Subrecipient will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records and Deliverables, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. 1.10 MATCH DOCUMENTATION Evidence of match documentation shall: (a) be on the approved GLO forms, which may be downloaded at: http://www.glo.state.tx.us/coastal/grantslsubrecilaient.html CMP Subgrant Supplemental Terms and Conditions Attachment B Page 5 of 14 {b) be supported by an invoice detailing each expense by Budget category, in accordance with the Project Budget in Attachment A; and (c) provide such other information as the GLO may request. Match funding documentation must be identified clearly and may be submitted with or separate from a payment request. Each invoice shall be supported by copies of receipts, cancelled checks, or such other documentation that, in the sole judgment of the GLO, allows for fall substantiation of the costs incurred. Payment requests may be denied if proper match has not been submitted. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CMP Subgrant Supplemental Terms and Conditions Attachment B Page 6 of 14 ARTICLE 2 - GLO ELECTRONICALLY STORED INFORMATION STANDARDS 2A GEOGRAPHIC INFORMATION SYSTEMS. Data, databases, and products associated with electronic Geographic Information Systems (GIS) that have been collected, manipulated, or purchased with CMP grant funds and/or local match funds will be subject to all applicable terms of the Texas Geographic Information Standards of the Texas Geographic Information Council (TGIC) and Texas Administrative Code (TAC) §201.6, Planning and Management of Information Resources Technologies, Geographic . Information Standards. The Geographic Information Standards Rule is available on the World Wide Web at www 2.di r .state.tx.us/sponsored/tgic/Pages/standards.aspx , or by writing to the Department of Information Resources (DIR), TGIC Administrative Chairperson, P.O. Box 13564, Austin, Texas, 78711 -3564, email: rob .aanstoos@dir. state _.tx.us or phone: 512 - 463.7314. 2.2 TRANSFER OF DATA. Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased with funds from this contract MUST be documented as specified in the Federal Geographic Data Committee (FGDC) document Content Standard for Digital Geospatial Metadata, version 2 (FGDC- STD- 001 -1998) or later. The federal metadata standard is available on the World Wide Web at www.fgdde.gov /metadata/csdg_m Metadata must be submitted in HTML, XML or ASCII text formats. 2.3 FORMAT. Although many Texas state agencies, including the GLO, have adopted Environmental Systems Research Institute, Inc. (ESRI) software products as in -house GIS software, this is NOT an endorsement of these, or any other, products. However, any electronic spatial data collected, manipulated, or purchased with CMP grant funds and/or local match funds shall be transferred in a mutually- acceptable GIS format, along with corresponding metadata (see above). Non - spatial data deliverables (reports, tables, databases, spreadsheets, images) must be delivered in Acrobat PDF, MS Office, WordPerfect, dBase (.dbf), ASCII, or standard image formats (JPEG, TIFF, GIF, etc.). Acceptable media for delivery include DVD, CD -ROM, flash drive, and external hard drive. Subrecipient is expected to comply with these guidelines. If Subrecipient cannot comply with these guidelines then Subrecipient must provide a written justification detailing why an exception is warranted. 2.4 COMPLIANT FORMAT FOR GRANT ADMINISTRATION Subrecipients should submit written reports, requests in Word format; invoices and supporting documentation in pdf format; and photographs in jpg format and form unless otherwise agreed by the Grant Administrator. CMP Subgrant Supplemental Terms and Conditions Attachment B Page 7 of 14 ARTICLE 3 — PUBLICATION AND ACKNOWLEDGEMENT OF SOURCE OF CMP FUNDS 3.1 PUBLICATION (a) If Subrecipient or its employee(s) use NOAA financial assistance to publish reports and other materials completed as a result of this Contract, the author shall .assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of such document and other materials: A PUBLICATION (OR REPORT) OF THE COASTAL COORDINATION COUNCIL PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD No. NA10NO84190207. (b) If Subrecipient or its employee(s) use NOAA financial assistance to publish a paper based in whole or in part on the work funded by this Contract, the author shall assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of the paper: THIS PAPER IS FUNDED ( "IN PART" IF APPROPRIATE) BY A GRANT/COOPERATIVE AGREEMENT FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. THE VIEWS EXPRESSED HEREIN ARE THOSE OF THE AUTHOR(S) AND DO NOT NECESSARILY REFLECT THE VIEWS OF NOAA OR ANY OF ITS SUB- AGENCIES. (c) If the Subrecipient or its employee(s) use NOAA financial assistance to produce signage, the Subrecipient shall assure that the signage bears the following statement as well as the NOAA and CMP logos on all signs: THIS PROJECT IS FUNDED ( "IN PART" IF APPROPRIATE) BY A GRANT FROM THE COASTAL COORDINATION COUNCIL PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD NO. NA10NOS4190207. (d) When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, including, but not limited to, state and local governments and recipients of federal research grants, the Subrecipient shall clearly state (i) the percentage of the total costs of the project or program which will be financed with federal money; (ii) the dollar amount of federal funds for the project of program; and (iii) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. ALL DOCUMENTS AND MATERIALS MUST CONTAIN THE NOAA AND CMP LOGOS ON THE FRONT OR TITLE PAGE. (e) THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. CMP Subgrant Supplemental Terms and Conditions Affachment B Page S of 14 3.2 SIGNAGE if facilities or other permanent improvements are constructed, Subrecipient shall provide and erect temporary signs during the construction phase of such projects that contain the following language: CONSTRUCTION OF THIS FACILITY WAS MADE POSSIBLE BY A GRANT UNDER THE COASTAL ZONE MANAGEMENT ACT OF 1972, AS AMENDED, AND AWARDED BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AND ADMINISTERED THROUGH THE COASTAL COORDINATION COUNCIL AND THE TEXAS COASTAL MANAGEMENT PROGRAM. At the completion of the aforementioned projects, Subrecipient shall replace the temporary signs with permanent signs, to be provided by the GLO. Permanent signs must also be erected for projects that include land. acquisition. 3.3 SURVIVAL THE PROVISIONS OF THIS ARTICLE 3 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE CONTRACT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CMP Subgrant Supplemental Terms and Conditions Attachment B Page 9 of 14 ARTICLE 4 - SPECIAL CONDITIONS APPLICABLE ONLY TO REAL ESTATE IMPROVEMENTS AND LAND ACQUISITIONS 41 LAND ACQUISITIONS (a) In the event that private land is to be acquired with grant funds, Subrecipient shall have such land surveyed in the following manner: (1) any parcel of land that (i) does not abut any waters and (ii) is acquired by lot and block may be surveyed by a Registered Professional Land Surveyor. Any survey conducted by a Registered Professional Land Surveyor under this section must be accompanied by certified copies of each subdivision block in which the acquisitions will be located. Subrecipient shall record any and all surveys required under this subsection in the records of the County Surveyor (or the records of the County Clerk if there is no County Surveyor) of the county in which the land is located; and (2) any other parcel of land must be surveyed by a Licensed State Land Surveyor. (b) In the event that a coastal boundary survey is required for the Project, Subrecipient must conduct the coastal boundary survey for the Project site in accordance with Section 33.136 of the Texas Natural Resources Code. For surveys of tracts on or adjacent to Gulf beaches, maps, surveys, and/or profiles shall not delineate or map vegetation, the line of vegetation, or the landward boundary of the public beach. Such maps, surveys, and/or profiles shall also not include any mention of the location of the line of vegetation or the boundary of the public beach. For any work funded in whole or part by CMP funds, vegetation, the line of vegetation, and/or the landward boundary of the public beach can only be mapped, delineated, or described with specific written authorization from the GLO. The coastal boundary survey must contain the following statement: THIS SURVEY DOES NOT, NOR IS IT INTENDED TO BE USED TO, IDENTIFY, DELINEATE, OR FIX THE LINE OF VEGETATION OR THE LANDWARD BOUNDARY OF THE PUBLIC BEACH. (c) In addition, Subrecipient shall encumber the land with a conservation easement or a deed restriction, in a form acceptable to the GLO, that will protect the land and its natural resources and preserve the public use and benefit of the land. If Subrecipient chooses to encumber the land with a deed restriction, it must read as follows: THIS PROPERTY MUST BE USED IN PERPETUITY FOR THE PURPOSES FOR WHICH IT WAS ACQUIRED UNDER THE COASTAL MANAGEMENT PROGRAM. IF THE PROPERTY IS EVER SOLD OR USED FOR CMP Subgrant Supplemental Terms and Conditions Attachment B Page 10 of 14 PURPOSES CONTRARY TO THOSE FOR WHICH IT WAS ACQUIRED, THE FEDERAL AWARDING AGENCY MUST BE COMPENSATED IN ACCORDANCE WITH THE UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS (15 C.F.R. PART 24). (d) All appraisals performed in connection with the acquisition of Iand under this section shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the provisions of the CMP attached Work Plan concerning land acquisitions. THE SURVEY, APPRAISAL, CONSERVATION EASEMENT (IF ANY), AND DEED MUST BE APPROVED BY THE GLO. THE GLO WILL NOT "HOLD" AN EASEMENT OR ACCEPT A THIRD -PARTY RIGHT OF ENFORCEMENT. 4.2 IMPROVEMENTS (a) Prior to any construction undertaken under this Contract, Subrecipient shall deliver to the GLO one (1) copy of the final construction contract documents, including the Project manual containing the technical specifications, and the drawings (collectively the "Contract Documents "), Any construction that will be undertaken with funding from this Contract shall be completed in compliance with the final Contract Documents approved by the GLO, and all applicable codes and standards. Upon completion of construction, Subrecipient shall submit a set of record ( "as- built") drawings to document the final construction, as well as photographs of the completed construction, in the final report. Subrecipient may not remove any improvements constructed with funds provided under this Contract, unless the federal awarding agency is compensated in accordance with the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (15 C.F.R. Part 24). (b) If funds under the Contract are used to improve real property, Subrecipient must file a memorandum of agreement in the county records where the property is located notifying third parties as follows: THIS PROPERTY MUST BE USED IN PERPETUITY FOR THE PURPOSES FOR WHICH IT WAS ACQUIRED UNDER THE COASTAL IMPACT ASSISTANCE PROGRAM. IF THE PROPERTY IS EVER SOLD OR USED FOR PURPOSES CONTRARY TO THOSE FOR WHICH IT WAS ACQUIRED, THE U.S. DEPARTMENT OF THE INTERIOR, MINERALS MANAGEMENT SERVICE, MUST BE COMPENSATED IN ACCORDANCE WITH FEDERAL LAW (43 C.F.R. PART 12). (c) Prior to any construction undertaken under the Contract, Subrecipient shall deliver to the GLO one (1) copy of Plans to be used for the Project. Any CMP Subgrant Supplemental Terms and Conditions Attachment B Page 11 of 14 construction to be undertaken with funding from the Contract shall be completed in compliance with final Plans approved by the GLO. (d) UPON COMPLETION OF CONSTRUCTION, SUBRECIPIENT SHALL SUBMIT A FINAL "AS BUILT" DESIGN, IF REQUIRED BY THE LOCAL BUILDING CODE OR LOCAL BUILDING OFFICIAL, AS WELL AS PHOTOGRAPHS OF THE CONSTRUCTION IN THE FINAL REPORT. (e) Subrecipient may not remove any improvements constructed with fluids provided under the Contract, unless the United States Government is compensated in accordance with the Administrative and Audit Regulations. 4.3 SURVEYS REQUIRED (a) Inland Survey. In the event that land is to be acquired with funds under the Contract, any parcel of land that (1) does not abut any waters and (2) is acquired by lot and block may be surveyed by a "registered professional land surveyor" or "RPLS" as that term is defined in Chapter 1071 of the Texas Occupations Code. Any survey conducted by an RPLS under this section must be accompanied by certified copies of each subdivision block in which the acquisitions will be located. Subrecipient shall record any and all surveys required under this subsection in the records of the County Surveyor (or the records of the County Clerk if there is no County Surveyor) of the county in which the land is located. (b) Survey of Land Abutting Water. Any parcel of land to be acquired with fields under the Contract other than land described in Section 4.4(a), above, must be surveyed by a "licensed state land surveyor" or "LSLS" as that term is defined in Chapter 1071 of the Texas Occupations Code. (c) Coastal Boundary Survey. In the event that a coastal boundary survey is required for the Project, Subrecipient must conduct the coastal boundary survey for the Project site in accordance with Section 33.135 of the Texas Natural Resources Code. For surveys of tracts on or adjacent to Gulf beaches, maps, surveys, and/or profiles shall not delineate or map vegetation, the line of vegetation, or the landward boundary of the public beach. Such maps, surveys, and/or profiles shall also not include any mention of the location of the line of vegetation or the boundary of the public beach. For any work funded in whole or part by funds under the Contract, vegetation, the line of vegetation, and/or the landward boundary of the public beach can only be mapped, delineated, or described with specific written authorization from the GLO. The coastal boundary survey must contain. the following statement: "THIS SURVEY DOES NOT, NOR IS IT INTENDED TO BE USED TO, IDENTIFY, DELINEATE, OR FIX THE LINE OF VEGETATION OR THE LANDWARD BOUNDARY OF THE PUBLIC BEACH." CMP Subgrant Supplemental Terms and Conditions Attachment B Page 12 of 14 (d) REQUIRED DEED LANGUAGE AND RESTRICTIONS. If funds under the Contract are used to acquire real property, the acquisition deed must contain the following language: THIS PROPERTY MUST BE USED IN PERPETUITY FOR THE PURPOSES FOR WHICH IT WAS ACQUIRED UNDER THE COASTAL MANAGEMENT PROGRAM. IF THE PROPERTY IS EVER SOLD. OR USED FOR PURPOSES CONTRARY TO THOSE FOR WHICH IT WAS ACQUIRED, THE. FEDERAL AWARDING AGENCY MUST BE COMPENSATED IN ACCORDANCE WITH THE UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS (I5 C.F.R. PART 24). If grant funds under the Contract are used to improve public or private real property, Subrecipient must file in the real property records of the county where the property is located, a memorandum of restriction, conservation servitudes or easements affecting the real property, in a form acceptable to the GLO, that will protect the land and its natural resources and preserve the public use and benefit of the land. 4.4 APPRAISALS All appraisals performed in connection with the acquisition of land and/or easement under this section shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. These standards can be found at: www.usdo f 4.5 GLO APPROVAL OF REAL ESTATE DOCUMENTS The survey, appraisal, and the memorandum of restrictions, conservation servitudes, easement, or deed must be approved by the GLO. A recorded copy of the memorandum of restrictions, conservation servitudes, easement, or deed must be submitted to the Grant Administer. The GLO will not "hold" an easement or accept a third-party right of enforcement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CMP Subgrant Supplemental Terms and Conditions Attachment B Page 13 of 14 ARTICLE 5 - MISCELLANEOUS TERMS AND CONDITIONS 5.1 FEDERAL REGULATORY REQUIREMENTS Subrecipient carries the responsibility to be aware of and comply with -the federal regulatory requirements for federal financial assistance awards included in the Code of Federal Regulations. 5.2 COMPLIANCE WITH TEXAS COASTAL MANAGEMENT PROGRAM (CMP) If the Project is located within a coastal management zone established by Chapter 33 of the Texas Natural Resources Code, Subrecipient shall complete the requirements of the Contract in compliance with the CMP Rules, and shall ensure that the performance of all subcontractors is in compliance therewith. 5.3 FEDERAL ASSURANCES Subrecipient shall execute the Assurances- Construction/Non- Construction Programs Form, attached to the Contract at Page I of Attachment C ' and submit it with the signed Contract, assuring that it will comply with all federal statutes listed thereon and, when applicable, shall obtain and return completed assurance of compliance forms from its subcontractors. 5.4 LOBBYING CERTIFICATION (a) Subrecipient, shall, by executing Standard Form CD -512, included at Page 3 of Attachment C , certify hat no federal funds have been or will be paid to any person for influencing or attempting to influence any party named therein. Prior to engaging any contractor or subcontractor, Subrecipient shall verify the contractor's or subcontractor's eligibility for receiving state or federal funds, using: the Federal General Services Administration's Excluded Parties List System located at: www.epis.gov 5.5 LOBBYING DISCLOSURE If at any time any non - federal funds have been paid for such purposes, Subrecipient shall complete and submit the Disclosure of Lobbying Activities Form (Standard Form -LLL), included at Page 4 of Attachment C. 5.6 HISTORICALLY UNDERUTILIZED BUSINESSES (a) In accordance with State law, it is the GLO's policy to assist HUBs whenever possible, to participate in providing goods and services to the GLO. The GLO encourages Subrecipient to adhere to this same philosophy in selecting subcontractors to assist in fulfilling Subrecipient's performance under the Contract. In addition to other information required by the Contract, Subrecipient will provide the Purchasing Department of the GLO with pertinent details of any participation by a HUB in fulfilling Subrecipient's performance under the Contract. CMP Subgrant Supplemental Terms and Conditions Attachment: C Page 1 of 5 ASSURANCES - CONSTRUCTION PROGRAMS OMB Approval No. 0348 -0042 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for review instructions, searching existing data sources, gathering and maintaining the data nestled, and completing and reviewing the collection information. Send comments regarding the burden estimate or any other aspect of this collection of information, Including suggestions reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0042), Washington, DC 24503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND iT TO THE ADDRESS PROVIDED BY THE SPONSORING. AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant; 1. Has the legal authority to apply for f=ederal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970 (42 U.S.C. §§47284763) relating to prescribed (including funds sufficient to pay the non - Federal share standards for merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described in ApperidixA of OPM's Standards for a Merit System of this application. Personnel Administration (5 C.F.R. 900, Subpart F). 2, Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with -generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real properly title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in'the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property aquired In whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the constriction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such Other information as may be required by the assistance awarding agency or State, 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 9. Will comply with the Lead -Based ,Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to; (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title .IX of the Education Amendments of 1972, as amended (20 U.S.C, § §1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits' discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 250 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, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Standard Form 4240 (Rev. 1-97) pr — Inuc Peiitin" ricahia AiAhnr1 - iPd fnr t. nral Panrnrlurtinn or—�;ti ti„ nRaQ r: -- n 4 ra 11 Will comply, or has already compiled, with the requirements of Titles II and Iii of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property - is acquired as a result of Federal and federally- assisted programs. These requirements apply to all. interests in real property acquired for project purposes regardless of Federal participation in purchases. 12- Will comply with the provisions of the Hatch Act (5 U.S.C.. § §1501 =1508 and 7324 - 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 13 Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U3-C, § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work flours and Safety Standards Act (40 U.S.C. § §327 833) regarding labor standards for federally - assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) Institution of environmental quality control measures under the Attachment C Page 2 of 5 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 11968; (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 (P.L. 93 -205). 16. Will comply with the Wild and Scenic Rivers Act of . 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), Ea 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non- Profit Organizations." 19. Wilf comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program, SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL ffLC44 - TIV e - J�aw) APPLICANT ORGANIZATION IN O :L+(A 0_&1rP NI' TITLE T�6ri'M & DATE SUBMI CZ -AlAn ID T-nri m-1 THIS FORM MUST BE EXECUTED Attachment. Page 3 of 5 FORM Cn-612 U.S. DEPARTMENT OF COMMERCE JREV:12 -04) CERTIFICATION REGARDING LOBBYING LOWER TIER COVERED TRANSACTIONS Applicants should review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying." LOBBYING Statement for Loan Guarantees and Loan Insurance As required by Section 1352, Title 31 of the U.S. Code, and The undersigned states, to the best of his or her knowledge implemented at 15 CFR Part 28, for persons entering into a grant, and belief, that: cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections In any funds have been paid or will be paid to any person for 28.105 and 28.110, the applicant certifies that to the best of his or her influencing or attempting to influence an officer or employee knowledge and belief, that: of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress .in (1) No Federal appropriated funds have been paid or will be paid, connection with this commitment providing for the United by or on behalf of the undersigned, to any person for influencing or States to insure or guarantee a loan, the undersigned shall attempting to influence an officer or employee of any agency, a complete and submit Standard Form -LLL, "Disclosure Form Member of Congress 1n connection with the awarding of any to Report Lobbying," in accordance with its instructions. Federal contract, the making of any Federal grant, the making of any. Federal Joan, the entering into of any cooperative agreement, Submission of this statement is a prerequisite For making or and the extension, continuation, renewal, amendment, or entering into this transaction imposed by section 1352, title modification of any Federal contract, grant, lean, or cooperative 31, U.S. Code. Any person who fails to Pilo the required state- agreement. merit shall be subject to a civil penalty of not less than $1.0,000 and not more than $100,000 for each such failure occurring. (2) If any funds other than Federal appropriated funds have been on or before October 23, 1996, and of not less than $11,000 Paid or will be paid to any person for influencing or attempting to and not more than $110,000 for each such failure occurring influence an officer or employee of any agency, a Member of after October 23, 1996. Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certi€y and disclose accordingly, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. OF APPLICANT AWARD NUMBER AND /OR PROJECT NAME N AME PRINT NAMEAND ITLE OF AUTHORIZED REPRESENTATIVE Mar �i SIGNATUREW DATE y f 5 , 1 1 LJ Attachment C Page 4 of 5 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying. activities pursuant to 31 U.S.C. 1352 0348 -0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2, Status of Federal Action: 3. Report Type: E a. contract EJ a. bid /offerlapplication n a. initial fling b. grant b. initial award L I b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f_ loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name ❑ Prime ❑ Subawardee and Address of Prime: Tier if known: Congressional District, if known: 4c Con ressional District, if known: 6. Federal DepartmentlAgency: 7. Federal Program Namet.Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): 11 Information requested through this form Is authorized by titia 31 U.S.C. section SignatLlre: 1352, This disclosure or lobbying activities Is a material representation of fact upon w1fich reliance was placed by the tier above when lhls Iransacllon was made print Name: or entered Into. This disclosure is required pursuant to 31 U.S.C. 1352. This information Will be available for public Inspection. Any person who fails io file the Title: required disclosure shall be subject to a civil penalty or not less then $10,000 and Telephone Igo.: Date: not more than $100,000 for each such rerlure. Authorized for Local Reproduction Attack-ment C Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.G. section 1352. The riling of a form is required for each payment or agreemenito make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, oran empfoyeeof a Member of Congress In connectiunwilh a covered Federal action. complete all Items that apply for bath the initial tiling and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity Is andlor has been secured to influence the outcome or a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the Information previously reparled, enter the yearand quarter in which the change occurred. Entor the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriateclassification of the reporting entity that designates if it Is, or expects to be, a prime or subaward recipient. Identifythe tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards Include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report In item 4 checks " Subawardee," then enter the full name, address, city, State. and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of tha Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. fi. Enter the most appropriate Federal Identifying number available for the Federal action identified in Item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the applicatlonlproposal control number assigned by the Federal agency). Include prefixes, e.g,, "RFP- DE -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardlloan commitment for the prime entity Identified in item 4 or 5. 10. (a) Enter the full name, address, city, Stale and zip code of the lobbying registrant under the lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the indlvldual(s) performing services, and Include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection Is OMB No. 0348 -0046. Public reporting burden for this collection of information Is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding the burden estimate or any other aspect of this collection of information, Including suggestions for reducing this burden, to the Office of Man agementand Budget, Paperwork Reduction Project (0348- 0046), Washington, DC 20503. Attachment D Page I of 2 GENERAL AFFIRMATIONS Provider agrees without exception to the following affirmations: i . The Provider has not given, offered to give, nor intends to give at anytime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract. 2. Pursuant to Title 10, Section 2155.004 of the Texas Government Code, the Provider has not received compensation from the GLO for preparing any part of this Contract. 3. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Any Provider subject to this section must include names and Social Security numbers of each person with. at least twenty -five percent (25 1 /o) ownership in the business entity named in this Contract. This information must be provided prior to execution of any offer. 4. Provider certifies that the individual or business entity named in this Contract: i) has not been subjected to suspension, debarment, or similar ineligibility to receive the specified contract as determined by any federal, state, or local governmental entity; ii) is in compliance with the State of Texas statutes and rules relating to procurement; and iii) is not listed on the federal government's terrorism watch list as described in executive order 13224. Entities ineligible for federal procurement are listed at http://www.epts.go - Provider acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. 5. Provider agrees that any payments due under this Contract will be applied towards any debt, including, but not limited to, delinquent taxes and child support that is owed to the State of Texas. 6. Provider certifies that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003, relating to contracting with the executive head of a state agency. If this section applies, Provider will complete the following information in order for the bid to - be evaluated: Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Provider: Date of Employment with Provider: 7. Provider agrees to comply with Texas Government Cade, Title 10, Subtitle D, Section 2155.4441, relating to the purchase of products produced in the State of Texas under service contracts. Attachment D Page 2 of 2 8. Provider understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Provider further agrees to cooperate (ally with the State Auditor's Office, or its successor, in conducting the audit or investigation, including providing all records requested. Provider will ensure that this clause is included in any subcontract it awards. 9. Provider certifies that if it employs any former employee of the GLO, such employee will perform no work in connection with this Contract during the twelve (12) month period immediately following the employee's last date of employment at the GLO. 10. The Provider shall not discriminate against any employee or applicant for employment because of race, disability, color, religion, sex, age, or national origin. The Provider shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, sex, religion, age, disability, or national origin. Such action shall include, but is not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post notices, which set forth the provisions of this non - discrimination article, in conspicuous places available to employees or applicants for employment. The Provider shall include the above provisions in all subcontracts pertaining to the work. 11. Provider understands that the GLO does not tolerate any type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical, conduct will be investigated, and appropriate actions will be taken. Providers are expected to report any possible fraudulent or dishonest acts, waste, or abuse affecting any transaction with the GLO to the GLO's internal Audit Director at 512.463.5338 or traceM,hall@alo.state.tx.us NOTE Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the "Public Information Act," Chapter 552 of the Texas Government Code. REMAINDER OF PAGE INTENTIONALLY UYT BLANK Attachment E Page 1 of 14 PROGRESS REPORT (Project Name) (GLO Contract No.) (Reporting Period) Task Z: (Name of task as identified in Attachment A of your contract) Status of the task during this reporting period: ❑in progress ❑completed • Briefly describe major accomplishments far this reporting period. • List the deliverable(s)/milestone(s) completed during this reporting period. (Submit a copy of your completed deliverables) /milestone(s) with this report.) • Were there any problems or obstacles encountered during this reporting period (e.g., delays, remedial action taken, schedule revision). ❑Yes ❑No if yes, please explain; Briefly describe plans for the next reporting period. (Repeat for each task, if necessary. If work on a particular task has not begun or has been completed, do not include in progress report.) Page t of Att=achment E Page 2 of 14 Please provide a current budget breakdown. (Double Click on budget tables to activate Excel.) *Obligated includes - funds that have been incurred by the recipient but have not been paid by the recipient, such as executed contract agreements or acquired supplies /materials/equipment. Page 2 of 2 Current Federal/ CMP Budget Billed to Date Obligated` CMP Budget Remaining CMP Budget Personnel $ - $ - $ - $ - Fringe $ - $ - $ - $ - Travel $ - $ - $ - $ - Supplies $ - $ - $ _ $ _ Equipment $ - $ - $ - $ - Contractual $ - $ - $ - $ - Other $ - $ - $ - $ - Subtotal $ - $ - $ - $ - Indirect Costs $ - $ - $ - $ - Totals I $ - $ - $ - $ - *Obligated includes - funds that have been incurred by the recipient but have not been paid by the recipient, such as executed contract agreements or acquired supplies /materials/equipment. Page 2 of 2 Current Local Budget Billed to Date Obligated* Local Budget Remaining Local Budget Personnel $ - . $ - $ - $ - Fringe $ - $ - $ - $ - Travel $ - $ - $ - $ - Supplies $ - $ - $ - $ - Equipment $ - $ - .$ - $ - Contractual $ - $ - $ - $ - Other $ - $ - $ - $ - Subtotal $ - $ - $ - $ - Indirect Costs $ - $ - $ - $ - Totals $ - $ - $ - $ - *Obligated includes - funds that have been incurred by the recipient but have not been paid by the recipient, such as executed contract agreements or acquired supplies /materials/equipment. Page 2 of 2 Current 3rd Party Budget Billed to Date Obligated* 3rd Party Budget Remaining 3rd Party Budget Personnel $ - $ - $ - $ - Fringe $ - $ - $ - $ - Travel $ - $ - $ - $ - Supplies $ - $ - $ - $ - Equipment $ - $ - $ - $ - Contractual $ - $ - $ - $ - Other $ - $ - $ - $ - Subtotal $ - $ - $ - $ - Indirect Costs $ - $ - $ - $ - *Obligated includes - funds that have been incurred by the recipient but have not been paid by the recipient, such as executed contract agreements or acquired supplies /materials/equipment. Page 2 of 2 Attachment E INVOICE FOR CMP FEDERAL EXPENDITURES x Page 3 of 14 Invoice Date: Federal ID No,: Invoice No.: GLO Contract No.: Project Title: Subrecipient: Phone: Email Address: Submitted by: Billing Period: Signature: Printed Name: Date *Universities may submit their standard invoice in lieu of this documentation. Subtotal $0.00 $0.00 Amount $0.00 Indirect Costs CMP Amount Expenditures this Previously Amount Budget Category Budgeted Invoice Invoiced Remaining Personnel $0.00 $0.00 $0,00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0..00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $0.00 $0.00 $0.00 $0.00 Attach receipts /cancelled checks for all expenditures. GLO use Only: Final Documentation Received: IGLO Contract #: #: ition # : by Contract Specialist: by Project Manager: Billing Period: Invoice Amt : $ Invoice Amt : '$ Invoice approved for reimbursement: Grant Manager: Date: Date: Date: Attachment: E Page 4 of .14 MONTHLY GRANT PROJECT EQUIPMENT SHEET FOR OAILYIHOURLY RATES Project Name: EmpToyee Name: Month and Year: Equipment Used: PLEASE PROVIDE # OFHOURS OF DAILYE4tRPMENT USE rovlde Copy olesfablrshedraNs use Day Da y .Day Day Qa y Day Da 1 2 3 4 5 5 7 hrs - hrs hrs hrs hrs hrs his 8 9 10 11 12 13 14 hrs hrs hrs hrs hrs hrs hrs 15 16 17 1B 19 20 21 hrs hrs hrs hrs hrs hrs hrs 22 23 24 25 26 27 28 hrs hrs hrs hrs hrs hrs hrs 29 30 31 hrs hrs hrs CALCULATION OF DAYSIHOUR5: 0 X TOTAL fl DAYSIHOURS I certify that [his information is correct Primed Name of Protect Manager: 0 DA[LYIHOURLY RATE Project Manager Signature Date Attachment R Page 5 of 14 Project Name: Employee Name: Month and Year: PLEASE PROVIDE N OF HOURS 8 BRIEF DESCRIPTION OF WORK PERFORMEO (e.g. progress report project meeting, pfanling, outreach event field trip, etcJ MONTHLY GRANT PROJECT TIME SHEET Day Day Da P—az Diaz Day Da 1 2 3 4 5 6 7 hrs hrs hrs hrs hrs hrs hrs 8 9 10 it 12 13 14 hrs hrs hrs hrs hrs hrs hrs 15 16 17 18 19 20 21 hrs hrs hrs hrs hrs hrs hrs 22 23 24 25 26 27 28 hrs hrs hrs hrs hrs hrs hrs 29 30 31 hrs hrs hrs CALCULATION FOR SALARYIHOURLY: 0 X TOTAL HOURS HOURLY RATE 0 0 X TOTALSALARYIHOURLY WAGE FOR 1 certify that this mlormation is correct Employee Signature: FRINGE BENEFIT RATE! HOURLY FRINGE BENEFIT RATE (Not 10 exceed 35 %) Date Project Manager Signature Date Attachment E Page 5 of 14 Subreciplent Department Address City, State Zip Contact Name Phone Fax GLO Contract If Federal 10 Toinls $0,00 $0.00- $0.00 50.00 50,00 SOAD 50,00 50,00 50.00 Plense justify your regaesl below (include ad(Ihlonal sheets, as necessary). Signature of Authorizing Officini Date Your informnl'budget amendment is approved. Please retain a copy of this form with your project tile. formal Budget Amendment Approved BUDGET AMENDMENT REQUEST Contract Specialist Date: Note: This copy of this form will become part of your permanent GLO legal life. Requested Revised Current CMP Current Local Current Requested Requested Other Revised CHIP Revised Local Other Budget Category Budget Budget Other Budget CMP Changes Locai Changes Changes Budge( Budget Budget Personnel 50.00 50.00 50.00 50.00 $0.00 50.00 50.00 $0.00 $0,0D Fringe S0.D0 50.00 $0.00 50.00 50.00 50.00 50.00 $0.00 $0.00 Trnvet SOHO 50.00 5D.00 50.0D $0.00 50.00 50.00 $0.00 50.00 Supplies $0.00 50.00 5100 50.00 50.00 $0.00 $D.00 SU.00 $0.00 Equipment 50.00 50.00 50.00 50.00 $0.00 SOAD 50.00 SO.DD 50.00 Contractual $0.00 $0.00 50.00 30.00 30.011 50.00 50.00 50.00 $0.00 Other SO.00 50.00 $0.00 50.00 $0.00 $u.00 SUM) $0.00 $0.01) Subtotal 50.00 50.00 50.00 50,00 $0.00 SO.00 50,00 $0.00 50.00 Indirect Costs 50.00 So.00 SO-OD 80.00 $0.00 50.00 50,00 50.00 $0.00 Toinls $0,00 $0.00- $0.00 50.00 50,00 SOAD 50,00 50,00 50.00 Plense justify your regaesl below (include ad(Ihlonal sheets, as necessary). Signature of Authorizing Officini Date Your informnl'budget amendment is approved. Please retain a copy of this form with your project tile. formal Budget Amendment Approved BUDGET AMENDMENT REQUEST Contract Specialist Date: Note: This copy of this form will become part of your permanent GLO legal life. Attachment: E Page 7 of 14 Audit Reporting Form Subrecipients receiving (granted/awarded) federal funds, through the General Land Office (GLO), are subject to the requirements of the Single Audit Act of 1996, Office of Management and Budget (OMB) Circular No. A -133, ( http: / /www.oiTib.gov/ rP ants Subrecipients expending (spend inglreimbursed) federal funds totaling $500,000 or more in a fiscal year are required to conduct an audit in accordance with the Single Audit Act. Please complete this questionnaire and send by facsimile to 512- 475 -0680 attn: Coastal Management Program or mail to: General Land Office Attn: Coastal Management Program Coastal Resources Division P.O. Box 32873 Austin, Texas 78711-2873 Section 1: Entity Information Name of Entity ( Subrecipient) What is your entity's fiscal year? Month / Year Month/ Year Section 2: Single Audit Requirement For your most recently completed Fiscal year, account for all federal funds (awardslgrants) expended (spent /reimbursed) regardless of the source. (Provide your most recently completed fiscal year below) For Fiscal Year 20 What was the total amount -of federal, funds (awards /grants) expended (spent/reimbursed)? ❑ If less than $500,000 in total federal funds (awards /grants) were expended: Your entity is exempt from further audit requirements for the reporting period. Comp lete Sections 4 and 5 (Federal Awards Information and Signature Sections). ❑ If $500,000 or more in total federal funds (awards /grants) were expended: Complete all remaining sections. Section 3: Audit Information Date of your Entity's last completed audit: (Date) + Period Covered by Audit: through Month/Year MonthlYear + Audit Findings: ❑ No Findings (it is not necessary to submit a copy of your audit report package) ❑ Findings (provide a copy of your audit reporting package if findings were related to funds issued through the GLO. If findings were unrelated to GLO issued funds submit the schedule of findings and questioned costs.) Next audit scheduled for: + Period to be covered by next scheduled audit: Project Title and GLO Contract Number (additional grants may be listed on a separate page) (Month/Year) MonihlYear through Month/Year Section 4: Federal Awards Information For the fiscal year provided, account for all federal funds (awards /grants) received (granted /awarded) regardless of the source. For Fiscal Year 20_: (fiscal year must match fiscal year provided in section 2) What was the total amount of federal funds (awards /grants) received (granted /awarded)? (For the fiscal year listed, use the following table to list the federal funds (awards(grants) your entity received) Name of federal award(s) granted Period of Award Amount CFDA Number (month/ r– monthl r) Section 5: Signature Section Signature of Preparer Printed Name of Preparer and Title Date . Preparer's Contact Information: Email: Phone: exl. through Attachment E Page 8 of 14 Instruction Sheet for the Audit Reporting Form The purpose of the Audit Reporting (AR) Form is to assist the General Land Office (GLO) in its obligations to adhere to federal guidelines for pass through entities issuing federal funds. The AR Form is equally beneficial in assisting entities receiving federal funds, through the GLO, to meet their audit reporting requirement. Federal guidelines for pass through agencies issuing federal awards and the subrecipients of those funds are set forth in the Single Audit Act of 1946, Office of Management and Budget (OMB) Circular No. A -133. The OMB's website, htto: / /ww w.omb.goy/arants, contains information regarding the Single Audit Act and its requirements. Review the following instructions for assistance in completing the Audit Reporting Form. Section 1; Entity Information. • Name of Entice —The "Name of Entity" should match the name on the grant contract. • Project Title and GLO Contract Number— Provide the "Project Title and GLO Contract Number" for your entity's grant. The project title must match the title of the project found in "Attachment A" of the grant contract. A separate sheet listing additional project titles and contract numbers may be attached if necessary. • Entity's Fiscal Year — Provide the period covered by your entity's fiscal year. (i.e. Ian. `06 through Dec. `06) Section 2: Single Audit Requirement. Following the text "For Fiscal Year 20_ ", insert your entity's fiscal year end for the reporting period (the most recently complete fiscal year). For the fiscal year listed, provide the total amount of federal funds (awards /grants) expended (spent /reimbursed). Account for all federal funds expended, regardless of the source. Choose one of the following options: 1. Mark the first box, if your entity has expended less than $500,000 in total federal funds. Your entity is exempt from further audit requirements for the reporting period, but must complete Sections 4 and 5. 2. Mark the second box, if your entity has expended $500,000 or more in total federal funds. Your entity is not exempt from further audit requirements and must complete all remaining sections of the form. Section 3: Audit Information. • Date of Last, Completed Audit -- Indicate the date of your entity's last completed audit. • Period Covered by Audit — Provide the period covered by your entity's last completed audit. This period should correspond to the audit indicated on the previous line. ■ Audit Fi ndings — Choose one of the following options: 1. Mark the box before "No findings" if your entity's last completed audit disclosed no findings. If there were no findings, it is not necessary to provide a copy of your audit reporting package 2. Mark the box before "Findings" if your entity's last completed audit disclosed findings. If there were findings, submit a copy of the audit reporting package, i f the Findings were related to GLO issued funds. If the Findings were unrelated to GLO issued funds submit a copy of the schedule of findings and questioned costs. Next Audit Scheduled for - Provide the month and year of your entity's next scheduled audit. ■ Period Covered bLN_ext Audit — Indicate the period to be covered by your entity's next scheduled audit. Section 4: Federal Awards Information. • Following the text "For Fiscal Year 20_ ", insert your entity's fiscal year end for the current reporting period (should match the fiscal year provided in Section 2). For the fiscal year listed, provide the total amount of federal funds (awards /grants) your entity has received (granted/awarded). Account for all federal funds received, regardless of the source. It is possible for the amount of federal funds received /awarded to not agree to the amount expended/spent, • Federal Grants Table --For the fiscal year listed, use the table to provide: 1) the grants/awards that comprise the total amount of federal funds your entity received; 2) the period of awards (i.e. May `06 — May '03); 3) amount of awards; and, 4) the Catalog of Federal Domestic Assistance (CFDA) numbers for each award. If the CFDA number is unknown, you may contact the issuing agency. If additional space is needed, attach a separate sheet listing the abovementioned federal grant information. Section 5: Signature Section. • Signature oF --The person who prepared the AR form must sign and date the form. • Printed Name of Purer — Print the name and title of the person who prepared the AR Form. • Pre a re tact Information — Provide an email address and phone number for the preparer. Form Return Information -- Use the return information near the top of the Audit Reporting Form. For additional assistance contact Melissa Porter, CMP Team Leader, at 512 -475 -1393 or by email at melissa .porter@glo.state.tx.us Attachment E Page 9 of 14 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) EXPENSE REPORT (Project Name) (Subrecipient Name) (GLO Contract No.) (Reporting Period) In accordance with state law, it is the General Land Office's (GLO) policy to assist Historically Underutilized Businesses (HUBS), whether minority or women- owned, whenever possible in providing goods and services to the GLO. The GLO encourages you to adhere to this same policy when selecting subcontractors to assist your organization in fulfilling its contractual obligations with the GLO. . In that regard, please provide us with the estimated amount of project funds your organization paid to HUB vendors during the FY 20 (the state's fiscal year is September l to August 31). PROJECT AMOUNT PAID: VENDOR NAME: TYPE OF HUB VENDOR: American Women (WO) Hispanic Americans (HI) Black Americans (BL) Asian Pacific Americans (AS) Native Americans (NA) Other I am not sure if the following vendor is a HUB: Vendor's name Amount paid: $ or No project funds were paid to a HU13 vendor during the stated time period. Please fax this page to Ms. Monica Sitnien, Contract Specialist, fax number: (512) 475 -0680. If you have questions, please contact Ms. Simien at (512) 463 -5187, or via electronic mail at: monica.simienfgio.state.tx.us. Revised 12141201 n Attachment E Page Io of 14 LOCAL MATCH EXPENDITURES* Entity Name Department Address City, State Zip Contact Name Phone Fax GLO Contract # Federal ID# Amount Local Amount Expenditures this Previously Amount Budget Category Budgeted Submission Submitted Remaining Personnel $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 SO.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $0.00 $0.00 $0.00 $0.00 Attach timesheets /receipts /cancelled checks for all expenditures that you are submitting for reimbursement. Project Manager Signature Date *Universities may submit their standard invoice in lieu of this invoice form. Attachment L Page 11 of 14 THIRD PARTY MATCH EXPENDITURES* Entity Name Department Address City, State Zip Contact Name Prone Fax GLO Contract # Federal ID# Third Party Amount Amount Expenditures this Previously Amount Budget Category Budgeted Submission Submitted Remaining Personnel $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 othe $0.00 $0.00 $0.00 $0.00 Subtotal Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Totals $0.00 50.00 $0.00 $0.00 Attach timesheets /receipts /cancelled checks for all expenditures that you are submitting for reimbursement. Project Manager Signature Date *Universities may submit their standard invoice in lieu of this invoice form. Attachment E Page 12 of 14 MONTHLY GRANT PROJECT EQUIPMENT SHEET FOR DAILYIHOURLY RATES Project Name: Employes Name: Month and Year: Equipment Used: oe rn ce Owm= Day Dav I Day Day Day Day ❑a 1 2 3 4 5 fi 7 hrs — hrs hrs hrs hrs hrs hrs 8 9 10 11 12 13 14 hrs hrs hrs hrs hrs hrs hrs 15 t6 17 18 19 20 21 hrs hrs hrs hrs hrs hrs hrs 22 23 24 25 26 27 28 hrs — hrs hrs hrs hrs hrs hrs 29 30 31 hrs hrs hrs CALCULATION OF DAYSIHOURS: 0 X = TOTAL # DAYSIHOURS DAILYIHOURLY RATE I certify that this information ;a correct. Printed Name of Project Manager. PTOlect Manager Signature Date Attachment E Page 13 of 14 Project Name: Employeo Name: Month and Year: MONTHLY GRANT PROJECT TIME SHEET Oay Day Day Day Day Da Da 1 2 3 4 5 6 7 hrs hrs hrs hrs hrs hrs hrs 8 9 10 11 12 13 14 hrs hrs hrs hrs hrs hrs hrs 15 16 17 18 19 20 21 hrs his hrs hrs hrs hrs hrs 22 23 24 25 26 27 28 hrs hrs hrs hrs hrs hrs hrs 29 30 31 hrs hrs hrs CALCULATION FOR SALARYIHOURLY: 0 x TOTAL # HOURS 0 x TOTAL SALARYIHOURLY WAGE FOR MONTH HOURLY RATE FRINGE BENEFIT RATEI HOURLY FRINGE BENEFIT RATE (Not to exceed 35 %) 0 0 I Certify that this Information is correct. Employee Signature: Date: Project Manager Signature pate Attachment E Page 14 of 14 Project Name: Project Event: Event Date: VOLUNTEER TIME SHEET Last Name First Name Affiliation cleanup, etc.) Assigned Task (i.99$ e nteor $ - $ $ $ $ TOTAL 0 $ $ Attachment F Page 1 of 13 n h n� i. i."�Ni9���y Texas Coastal Management Program Grant Closeout Form For more infonnation, please contact Melissa Porter at Phone: 1(800) 998 -4GLO or (512) 475 -1393 Fax: (512)475 -0680 Email: Melissa. Porter@glo,state.tx,us CMP website: http: //www.glo.state.tx.us/ coastal /grants/subreciplent.htmi This torn! is intended to aid the Texas Coastal Management. Program in Its ability to quantify management outcomes and report the success of the Texas Coastal Management Grant Program to its federal partner, the National Oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource Management. SECTION 1: GRANTEE INFORMATION Project Name: GLO Contract Number: NOAA Award Number: Contract Period: Organization Name: to Organization Type:Select Organization Type Project Manager/ Principal investigator : Address: Phone: Email: County(ies): County(ies) where project is located Attachment F Page 2 of 13 the total amount of received, matched, and leveraged [collars applied toward your project contract period. RECEIVED dollars are funds awarded by CMP minus any dollars returned.to CMP. MATCH ED dollars are funds to match received dollars. LEVERAGED dollars are funds in addition to received and matched dollars. that are spend op a IVIP'funded p liar le, a grantee may partner with several entities to acquire land; funds in adii+tiam #o GMP spent to acquire the land would be considered leveraged dollars. Another, example is a project where a grantee partners with a city's planning department to develop a greenvitaV pjen fora coastal4community. The city planning department; provides the required CMP snatch. Dt�*00� the Drs jec #,;the city's recreation department contributes staff time to conduct visioning and public outraaolr.fo.r the. greenway. project.. The cost to the recreation department to conduct the visioning and outfea ch.activitiescartbec¢�sidlered leveraged p mjectdofiars. InAffidrfunds and' services f kuat qualify° vender Office of Management and budget Circular A 11 (see sect. 23 uG pst sharing o r thatching" jai# a ►Al A wh1}i4{1f71 �nmb1dreuladal t01a111�b #lilt can be included as leveraged dollars, Sources of leveraged dollars can be�federal, state, or local government agencies or other organizations such as non- profits or foundations. Project Category Please choose the project category that most appropriately describes your project, even if multiple categories are addressed. GOVERNMENT COORDINATION: Grant activities that improve government coordination and efficiency In El coastal management white supporting active stakeholder and public participation. PUBLIC ACCESS: Grant activities that create public access sites by acquisition or easement and/or El enhance public access for recreational purposes in the coastal zone. COASTAL HABITAT: Grant activities that protect coastal habitat by acquisition or easement and/or El restore previously degraded or altered coastal habitat In the coastal zone. COASTAL WATER QUALITY: Grant activities that protect, restore, enhance, and/or monitor water quality El in the coastal zone. COASTAL HAZARDS: Grant activities that reduce damage from future hazards and/or increase public El awareness of hazards in the coastal zone. COASTAL DEPENDENT USES AND COMMUNITY DEVELOPMENT: Grant activities that help coastal r communities develop and/or implement sustainable development ordinances, policies, or plans and /or update port or waterfront ordinances, policies, or plans. 1. Amount of CMP dollars received 2. Amount of nonfederal matched dollars applied 3. Amount of leveraged dollars applied Texas GLo coastal Management Program - Grant Clomut form Page 2 please quantify the total:amount of received and matched dollars spent on technical ;assistance to local governments during the grant contract period. DEFFMIONS LOCAL GOVERNMENTS are municipalities or county governments within the CMP boundary. TECHNICAL ASSISTANCE Includes consultation, review, tralning and other types of support to.local governments on planning; managing local resources; meeting state requirements, using technical tools, and other activities to increase local management capacity. PLEASE NOTE: if you are a local g!ouernmertt, questions 4 and 5 do not apply to yourproject. 4. Amount of CMP dollars spent on technical assistance to local governments with assistance from CMP funds. 5. Amount of matched dollars spent on technical assistance to local governments with assistance from CMP funds. Texas GLd Coastal Management Program - Grant Closeout Farm Page 3 Attachment F Page 4 of 13 participants for each activity during the grant contract period, by category, DEFiN1TQNS EDUCATIONAL, ACTIVITIES include presentations; seminars; stewardship or field events where the public partirlpates in activities such as the removal of invasive species, an d atlier activities tfiat provide non- technical information about environmental or socio- economic co nditions, co astal management issues an d policies, coastal resources, and the roles of planning. PARTICIPANTS are the people that participated in tli►e reported educational activity. Yo. u should document the number of participants for each educational activity reported at #fie time the activity is conducted. if s Sig;�in sheet or registration. js not possible, the program Mould ensure that the person conducting the activity records a count of participants at the time of the activity. PLEASE NOTE: The following educational activities. should NOT 66 included: publications (i.e. brochures, gubdes, etc,), intemet materials or web sites, mass media campaign§j interpretive kfosks or signage,: un- staffed' conference booths or displays, or other efforts. that} provide educati°06 t€rr©ugh indirect methods. Staffed conference booths displays that provide educa. tfo , all opportunities and can be paired with the number of visitors or recipients on the education provided can be reported. Educational activities should be categorized based on the dominant topic area addressed. Only report each educational activity once, even If multiple topics are covered by that activity. Se Se ction 2 f ca t eg ory defin itions. 1. 2. 3. 4. S. 6. Number of Goverment Cogrdinatlon educational activities offered with assistance from CMP funds. Number of Public Access educational activities offered with assistance from CMP funds. Number of Coastal Habitat educational activities with assistance from CMP funds. Number of Coital Water Quality educational activities offered with assistance from CMP funds. Number of Coastal Hazards educational activities offered with assistance from CMP funds. Number of Coastal Dependent Uses and Community Development educational activities offered with assistance from CMP funds. i 0 0 0 0 0 Texas GLO Coastal Management Program - Grant Closeout Form Page 4 Attachment F Page 5 of 13 event for the PLEASE NOTE: The following training or outreach events should NOT be included: publications: (e.g. manuals) or other materials that are distributed without an associated and targeted training program. Training opportunities earl be prav'ided through the internet to provide remote access to s�eciflc training topics. Internet gaining that does not require registration or a sign -up process to track users should only be reported it user tracking is possible. Zrainitzg activUles should be.categorized basest on the dominant tople area. addressed. If an outreach eVeot is prrrnarily held to address management needs or coardinatiori on a- range of categoriesi the event may be best categorize tl ender Governrnent Coordination. On)<y record each event once, even if Mulltip[* topics are covered. Do not Include an eye�nt that was reported under educational activities See Section 2 for category deftnitions. 1. Number of GoNternment Coordination training or outreach events offered with assistance from CMP funds. 2. Number of Public Acres training or outreach events offered with assistance from CMP funds. 3. Number of Coastal Habitat training or outreach events offered with assistance from CMP funds. 4. Number of Coastal Water Quality training or outreach events offered with assistance from CMP funds. 0 0 111 S. Number of Coastal Hazards training or outreach events offered with 0 assistance from CMP funds. Number of Qgas alb Depe ndent Uses and Com unity Development training or 6. 0 outreach events offered with assistance from CMP funds. Texas Gt.d Coastal Management Program -Grant Closeout Form Page 5 Attachment F Page 6 of 13 SECTION 5: PUBLIC ACCF55 MEASURES 'Lase quart ft the totaCnumber of p�lbiic access sites crea andlorenhnced by your project duing the' Ian contract period. DEFINITIONS, CREATE: P public access altos are properties acquired for public access ti�rpugh fee simple Qwnerahip or through an easement. There may be instances where a property has peen in public ownership but not open to the public. In this case,, the property can be counted as a new site if it has not been counted previously and it is opened to the public during the grant contract period. ENHANCED public access sites are propertres previously open to the public where recreational facilities have been added or improved, Examples include: the addition of 60 . 9. signage, ftsh cleaning stations, parking; or bathroom €acilities, trail, walkover, or boardwalk construction or renovation; boat or kayak launches; piers (if an easement Was not required), and other low -cost construction to improve recreational facilities: 1. Number of public . access sites created through acquisition or easement with 0 assistance from CM funds. 2. Number of public access sites enhanced with assistance from CMP funds. p Texas GLO coastal Management Program - Grant doseoirt Form Page 6 Attachment F Page 7 of 13 Please quantify the total number ofacresof coastal habitat p % #ected'6y acquisi #Ion or easement or restored by your 061ect during the grant contract period, by category. DEFINITIONS PRWECTE'D coastal habitat refers to propertleis acquired for their habitat values through fe simple ownership or through a conservation easement. RESTORED coastal habitat refers to prey €oe fy degraded nr altered. habitat thit bas bean Thal litated :and often involves reestablishing native vegetation and natural hydrology. TIDAL. VIIET'l,AHDS: are watlands that are Inundated by tidal waters. Def ikons ofwetiands,and-tidal waters can be -found at 3 3 GFR 328.3(b) and 33 CFR 328.3(f), respectively. tidal wetlands card rncl i brackish marshes (tidally flooded grasslands), and mangrove swamps (salty shra�b th a ickets nd forests).. Tsoaweti�'n Fds i'h saline and! brackish areas, or estuarine wetlands, which are part of the estuary where salt water. mixes with fresh water running, off the land via rivers, are also included. EEAGFi' is th zone• Ibcated inland froze the. mean low tide to the natural line of vegetation bordering the sward. shore: of the Gulf of Mexico:. DUNE is: a for.meda h €U4 or ridge.- of `sar L NEARSFiORE. (intertidal, subtidal or submerged) habitats include Intertidal rocky areas and. pools, mud flats, carat reefs; shellfish beds, submerged aquatic vegetation such as seagrass beds, rocky hard bottom habitat, and other nearshore benthic habitat. PLEASE NQT>G: Acres of h abita t should only be reported i the protection o r ,restoration a W ere completed during the, grant contract period. Do not report acres of habitat if the project is still In the planning o r d eslgn phase. 1. Number of tidal wetlands sites protected by acquisition or easement with 0 assistance from CMP funds. 2. Number of tidal wetlands sites restored with assistance from CMP funds. 0 3. Number of beach and dune habitat sites protected by acquisition or 0 easement with assistance from CMP funds. 4. Number of beach and dune habitat sites restored with assistance from CMP funds. 0 5. Number of nearshore habitat sites protected by acquisition or easement with 0 assistance from CMP funds. 6. Number of nearshore habitat sites restored with assistance from CMP funds. 0 7. Number of other habitat sites (e.g. nontidal wetlands, coastal prairie, riparlan forest, etc.) protected by acquisition or easement with assistance from CMP 0 funds. Texas GLO Coastal Management Program - Grant Closeout Farm Page 7 Attachment F Page .8 of 13 8. Number of other habitat sites (e.g. nontidal wetlands, coastal prairie, riparian 0 forest, etc.) restored with assistance from CMP funds. Texas GLO Coastal Management Program • Grant Closeout Form Page 8 Attachment F Page 9 of 13 1. Number of marine debris removal activltles completed with assistance from a CMP funds. Texas GLO Coastal Management Program - Gram Closeout Form P ays 9 'lease quantify the to number of srtes where water quality was monitored by yourprofect isnd the tote[ '` cumber of coasta106 unitle's'' that developed or updated polluted runoff manageririent ordinances,l policies; ind plans anlar comple projects to iotiplemenf polluted runoff man'sgement ordinances, policies; antl tei plarii yith assistance from your project during the grant contract pef ' DEFINITIONS WATER QUALITY MOIYI'fQRING Includes water quality allo tra ti c hablka# mor�itormg arsd as ssmrit act ivrllea con uctq by the public, unlver$O and other non- goveminental agencies It tlaes not lri Jude monitoririo condup#ed 6' the State or local agencies to meet fedei al Clean Wate. r Act re uiremerits or monitoring: Copdupted as park of permit review or enforcement activities COASTAIL= .COMMUNITY is a unit of local government (municipality:orcounty) or especial unit of government such'as a storm water district oe planning district.' EL.ICALE 01RD AMCES, POLICIES, acrd P LANS should b®'developed or adopted by a local grit of gover0t aril can include State mandated: programs 6rdir ances policies, and plans developed by a non - governmental organization in cooperation with a governmental satity can be included. COMP ML L - TED PROJECTS include activltles to prevent or control polluted runoff such as the implementation of hest management practices or the consfruct'ron of a wetland retention `system. Projects completed by a non- goyernmental organization for a coastal community can be reported. 1. Number of sites where water quality was monitored with assistance from 0 CMP funds. 2. Number of coastal communities that developed or updated polluted runoff management ordinances, policies, and plans with assistance from CMP 0 funds 3. Number of coastal communities that completed projects to Implement polluted runoff management ordinances, policies, and plans with assistance 0 from CMP funds. Texas GLO Coastal management Program - Grant Closeout Form Page 10 Attachment r Page 11 of 13 P ass U., the the total number of coastal communities in the `coastal zone that aothpletad projects to r- du "c'e futures rlarriag6 from hazards and /or increase public awareness of hazards uvith assistance from your protect' dining tine grant contract period. DEFINITIONS COASTAL COMMUNITY is a unit of local government (municipality or couniy) or a special unit of government such as a storm water district or planning district:' CQMPLETO PROJECTS include the development of or update of bcal coastal hazard plans, local coastal hazartl mitig "ation`'polices, ordinances or codes,' #ethnical assistance,'educaii6n anr!'outreach, and on h grou d pra ticks to reduce future damage frorre hazards. Projects completed by a non - governments! organ atio floc a, coastal ci�mmuni can be reported. INCR EASED PUBLIC AWARENESS may result from hands -on educational events, educational signage or kiosks, and informational materials such as brochures and websites. '' hey may be on -going efforts, bUt the community must have completed an. activity or component of the project during the grant contract period. Websites should only be reported if they are first made available during the grant contract period. 1. Number of coastal communities that completed a project to reduce future damage from hazards with assistance from CMP funds. 2. Number of coastal communities that completed a project to increase public awareness of hazards with assistance from CMP funds. 0 0 Texas GLO Coastal Management Program - Grant Closeout Form Page 12 Attachment F Page 22 of 13 Please quantify the total number of �eoastal communities that devefopetJ or updated set "' natle deveopment' ordinances, polices, and plans, completed a project to impiertiestit a sustainable development'plan, developed or updated port or waterfront redevelopment ordinances, policies, ancf plans, W . or completed a project to implement a redevelopment plan with assistance from your project during the grant contract period:'' DEFINITIONS', . COASTAL COMMUNITY Is a unit of local government (municipality or county) or a special unit of government such as a redevelopment commission, harbor managementboard, portcotrimission, or regional board or commission. E4 IGIBLE ORDINANCES, POLICIES, and PLANS should be developed or adopted. by a local unit of govenmerit and can include State mandated programs. Ordinances, 'policies, and plans developed by a non- govemmental organization in cooperation with a govemmental entity can be included. COMPLETED PROJECTS should implement actions called for in a sustainable development or port or waterfrar�t red e.veloprnerit plan. SUSU11NABl! E DEVELOPMENT PRACTICES can Include mixed land uses, compact building design, and warka�ale ne h6nrnoocts� prsservatioro of open. space, familafid, natura beauty, and critical environmental areas; dfrsGiing. deue[oprnent foHrards existing communities; and collaboration In development decisions by the community aadisfelCel�aidars. PORT QR W,ATERFRONT REDEVELOPMENT can Include economic development; land acquisition or proteion thiugti easement; rehabilitation or acquisition 4f piers for public use, rehabilitation of bulkheads fqr rrlrlproveel public.pafgtL! or access; removal or replacement of pilings to prQVide increased reoreationa! use, oning ar otber`development Ordinances to support redevelopment; and visioning and Other publio in" p ant processes, 1. Number of coastal communities that developed or updated sustainable development ordinances, policies, and plans with assistance from CMP p funds. 2. Number of coastal communities that completed a project to implement a sustainable development ordinance, policy, or plan with assistance from p CMP funds. 3. Number of coastal communities that developed or updated port or waterfront redevelopment ordinances, polices, and plans with assistance from CMP p funds. 4. Number of coastal communities that completed a project to implement a port or waterfront redevelopment ordinance, policy, or plan with assistance from p CMP funds. "Si�bmlt ley �rnall , Print Ferri 'texas GLO Coastal Management Program - Grant Closeout Form Page 12 Att:actument: F Page 13 of 13 SFC H ON 11 GLb STAFF ONLY .. - INSTRUCTIONS GLO STAFF: please enter your e-mail and password below to submit the form to database. EVERYONE ELSE: please STOP! This section is for GLO ST ONLY User Email: Password: 5ubt�lt Fprm To p�tabase Texas GLO Coastal Management Program - Grant Closeout Form Page Is