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C2011-495 - 12/13/2011 - Approved
A, S UBRECIPIENT GRANT AGREEMENT. GLO CONTRACT No. 12 -146- 000 -4836 COASTAL MANAGEMENT PROGRAM — CYCLE 16 This subrecipient grant agreement ( "Contract") is entered into by and between the GENERAL LAND OFFICE ('GLO' ), a State agency, and the CITY OF C ORPUS CHRISTI, TExAs ( "Subrecipient ") to provide financial assistance with funds received under the Texas Coastal Management Program ( "CMP ") Cycle 16 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. NAI INOS4190107 ( "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 16. 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 by Subrecipient) ATTACHMENT B : CMP Supplemental Terms and Conditions ATTACHMENT C: Federal Assurances -- Construction (SF- 424D); Certification Regarding Lobbying Lower Tier Covered Transactions (Form CD- 512); and Disclosure of Lobbying Activities Form (SF -LLL) 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 2011 -495 Res029316 G Contract No. 12- 146 -000 -4836 12/13/11 Page 1 of 15 GLO IN-EXEC 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 DEFINITIONS "Administrative and Audit Re lations" 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. "Corn liant 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 GL4 as set forth in the Work Plan. "Equipment" 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 Form 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 GLQ 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. " 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. GLQ Contract No. 12 -146 -000 -4836 Page 2 of 15 " 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.texas. ov ) or her designee. " means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code. " Mentor Protege means the Comptroller of Public Accounts' leadership program found at: http: / /www.window. state. tx. us / procurement /prog/hub /mentorprotege /. " 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' Habitat Restoration at the Oso Bay Wetlands Preserve — Phase I," described in Section 2.01, and detailed in the Work Plan in Attachment A of this Contract. " Prompt PayAct 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. 12- 146 -000 -3836 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 OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 12- 146 -000 -4836 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 16. 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 FORTY -SIX THOUSAND SIX HUNDRED SIXTY -SIX DOLLARS ($46,666.00) in matching funds or in -kind services; and a third party shall contribute TWENTY THOUSAND DOLLARS ($20,000.00) in matching funds or in -kind services; for a total amount not to exceed ONE HUNDRED SIXTY -SIX THOUSAND SIX HUNDRED SIXTY- six DOLLARS ($166,666.00) 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 Ladd Acquisitions, in Attachment B. GLO Contract No. 12- 146 -000 -4836 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 party, and shall terminate upon completion of the Project or on March 31, 2013, 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(x), NO WORK MAY BEGIN AND NO COSTS WILL BE REIMBURSED FOR WORK UNDERTAKEN PRIOR TO OCTOBER 1, 2011. 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. 12- 146- 000 -4836 Page 6 of 15 ARTICLE 4. GRANT ADAUNISTRATION 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.texas. ov /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" (i.e., 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. 12-146-000-4836 Page 7 of 15 ARTICLE S. 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 RAGE INTENTIONALLv LEFT BLANK GLO Contract No. 12- 146 - 0004836 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 frees, -- 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 f.Y�3i► +frK��l 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. 12- 146 -000 -4$36 Page 9 of 15 ARTICLE 7. RECORDS / AUDITS / 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 later. 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. 12- 146 -000 -4836 Page 10 of 15 ARTICLE 8. 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 remedy 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. 12-146-000-4836 Page 11 of 15 .ARTICLE 9. MISCELLANEOUS PROVISIONS 9.01 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 NOAA. 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 ANY INTEREST OF THE GLO MUST BE APPROVED BY THE GLO AND BY THE OFFICE OF GLO Contract No. 12-146-0004836 Page 12 of 15 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 funds 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 parry. 9.06 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. 12- 146-004 -4836 Page 13 of 15 9.07 NOTICES Any notices required under this Contract shall be deerned 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 Subrecinient City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Attention: Angel Escobar 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 AND 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 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 GLO Contract No. 12-146-0004936 Page 14 of 15 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. 913 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 GL4 within.thirty (30) days of execution by the other party, this Contract shall be null and void. SIGNATURE PAGE FOLLOWS GLO Contract No. 12- 146 - 0004836 Page 15 of I5 SIGNATURE PAGE FOR GLO CONTRACT No. 12-146- GENERAL LAND OFFICE Larry L. Laine, Chief Clerk/ Deputy Land Commissioner D ate of execution. CITY OF CORPUS CHRISTI By: Title: Date of execution: 4� I ( Q r LE GAL DIV AGC GC REMAINDER OF PAGE INTENTIONALLY LEFT BLANK � LA3 L Afi rHOKU BY CUMIL— —.J L13 t AG SEC��i`��'� �►� AP�royadasb,,,�, A- J in n9 MrSt Assistant City Awmay m,?r City Attomey ATTACHMENTS FOR GLO CONTRACT No. 12-146-000-4836 ATTACHMENT A PROJECT WORK PLAN AND BUDGET ATTACHMENT A -1 FINAL, ACTUAL BUDGET (TO BE SUBMITTED BY SUBRECIPIENT) 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 Farms: Monthly Grant Project Equipment Sheet; Monthly Grant Project Timesheet; and Volunteer Timesheet ATTACHMENT F: GRANT CLOSEOUT FORM Attachment A GLO Contract No, 12- 146 -000 -4836 Page 1 of 4 Attachment A - Work Plan and Budget Contract Number: 12- 146- 000 -4836 Project Name: Habitat Restoration at the Oso Bay Wetlands Preserve - Phase I Entity: City of Corpus Christi Project Description: The City of Corpus Christi requests a $100,000 grant from the Coastal Management Program (CMP) to begin restoration activities at the City's new 162 -acre Oso Bay Wetlands Preserve. Acquisition of the preserve was partially funded by a CMP Cycle 14 grant. The City has committed approximately $4 million to acquiring the property and developing it into a publicly accessible nature preserve with over 8,900 linear feet of nature trails, wildlife viewing stations and interpretive signs. The project fulfills several CMP goals and priorities including the restoration of Coastal Natural Resource Areas and protection of "other adjacent coastal resources that have significant conservation, recreational, ecological ... values." The restoration project is taking place in a part of the City that is rapidly developing. The restored property will provide a biologically diverse refuge in the midst of the new development. Developing, implementing and monitoring a restoration strategy for the ecologically diverse 162 acres is a large and complex task. The project will be implemented in stages over several years. This proposal seeks funding for Phase I of the project that will include: 1) the development of a restoration and monitoring plan; 2) the implementation of the first year of on- the - ground restoration activities; and 3) the design and implementation of a public outreach/education program to interpret the restoration effort. . The wetlands preserve is an undeveloped, recently - acquired city park bordering Oso Bay. Much of the property was used as pasture. However, significant natural features remain. The property falls within the Gulf Prairie and Marshes Ecosystem, and contains classic examples of coastal prairie, Tamaulipan thorn/scrub, mesquite mottes, high marsh (gulf cordgrass), vegetative coastal marsh (glasswort and saltwort), and intertidal sand flats. Restoration and adaptive management is needed to remove native and nonnative invasive species (overgrowth of mesquite and Brazilian peppertree), eliminate nonnative grasses, and increase biological diversity by reintroducing plant species eliminated from the property due to its conversion to pasture: The restoration plan will evaluate whether to convert a stormwater drainage that crosses the property into wetlands to filter nutrients and other pollutants such as floatable trash. Construction of detention ponds would take place in later project phases. The City will contract with Dr. Elizabeth Smith of the Center for Coastal Studies at Texas A &M Corpus Christi to develop the restoration plan and monitoring strategy. Dr. Smith will work with the City to establish a community advisory committee, including representatives from natural resource agencies, to guide plan development, implementation, Attachment A GLO Contract No. 12- 146 -000 -4836 Page 2 of 4 Attachment A - Work Plan and Budget and public outreach. The plan will be designed to be executed over a five-year period, thus allowing the City to implement and fund the project incrementally, while also providing the opportunity for adaptive management as restoration proceeds. The City will use contractors to perform most of the restoration work. Additionally, as part of its public outreach/education effort, the City will engage the public in four on -the- ground restoration events. Groups like the Audubon Society and USDA Plant Materials Center will provide volunteer labor and plants, while the City provides supplies, equipment, and volunteer coordination for the events. The Coastal Bend Bays & Estuaries Program is providing $20,000 in third party ]match. Costs for this type of complex restoration are hard to determine, ranging from $1,000 to $10,000 depending on the habitat mix, the severity of invasive species, and the habitat diversity desired. Given the extensive presence of invasive species, the City anticipates fully restoring at least 10 acres and preparing an additional 20 acres for future restoration. Project Budget: CMP Subrecipient Third Party Project Total Salaries $0.00 $11,350.00 $0.00 $11,350.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00. .. $0.00 $0.00 Supplies $4,000.00 $0.00 $0.00 $4,000.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $96,000.00 $35,316.00 $20,000.00 $151,316.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal: $100,000.00 $46,666.00 $20,000.00 $166,666.00 Indirect $0.00 $0.00 $0.00 $0.00 Total: $100,000.00 $46,666.00 $20,000.00 $166,6466.00 Attachment A GI.© Contract No. 12 -146- 000 -4 836 Page 3 of 4 Attachment 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: Develop a Habitat Restoration and Monitoring Plan with the support of a local advisory committee comprised of local stakeholders, and state and federal natural resource agency personnel. Deliverable(s)/Milestone(s): 1. Form stakeholder advisory group, review project goals, initial input, November 30, 2011; 2. Develop draft plan for presentation to stakeholder group, March 31, 2012; and 3. Final plan based on input from stakeholder group, May 31, 2012. Deliverable Due Date(s): 9/30/2012 Task 2 Description: Undertake Restoration Activities identified in the first -year implementation of the Restoration and Monitoring Plan. The majority of the restoration activities will be performed through contractual arrangements by subcontractors. A portion of the restoration effort will be undertaken by volunteers under the direction and with the assistance of City staff. The involvement of the public in these volunteer projects is critical to the education effort and the long term maintenance of the project. Due to the limits imposed by the growing season, the City anticipates that limited restoration activities will take place in the later winter /early spring 2012 and then again in the fall /winter 2012/2013. The City anticipates scheduling four volunteer restoration events over the course of the project. Deliverable(s)/Milestone(s): 1. Contractor to perform restoration activities, through March 2013; and 2. City and Volunteers to Perform Restoration Activities (Volunteer Days), through March 2013. Deliverable Due Date(s): 3/31/2013 Atrachment A CLO Contract No. 12 -146- 000 -4836 Page 4 of 4 Attachment A - Work Plan and Budget Task 3 Description: Monitor and report results to CMP, and disseminate to natural resource community and stakeholders. Deliverable(s)/Milestone(s): Conduct monitoring and distribute results. Deliverable Due Date(s): 3/31/2013 Task 4 Description: Develop and implement a public education and outreach strategy, including on -site interpretation of ongoing restoration efforts, press releases, presentation at the Coastal Bend Bays Foundation Coastal Issues Forums, and other public venues. The City will use the stakeholder group for guidance in developing the education/outreach plan. City staff will be responsible for implementation of the education/outreach plan. Deliverable(s)/Milestone(s); 1. Discuss /get input on educationloutreach goals at stakeholder meeting, November 2011; 2. Draft education outreach strategy presented to stakeholders, March 2012; 3. Final. education/outreach strategy, May 2012; and 4. Implement education and outreach efforts - throughout project life, March 2013. Deliverable Due Date(s): 3/31/2013 Attachment B Page 1 of 14 CMP SUBGRANT SUPPLEMENTAL TERMS AND CONDITIONS ARTICLE 1- GRANT ADMMSTRATION 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.texas.gov/coastal/grants/subrecipient.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 i 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 C, 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.enls.gov (iii) Disclosure of Lobbying Activities Form (Standard Farm -LLL) is found at Page 4 of Attachment C, and must be submitted by CMP Subgrant Supplemental Terms and Conditions Attachment S 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 November 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: htt : / /www. lo.texas. ov /coastaU ants /subreci ient.html 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.glo.texas.gov/coastal/grants/subrecipient.html . 1.4 DELIVERABLES 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. 12- 146 - 000 - 4836," 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. , zlo.texas.ttov /coastal/grants /subrecipient.html REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 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.'s 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: http://www.Lzlo.texas.gov/coastal/grants/subreciDient.htmi. 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 BY SUBRECIPIENT 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. 1.8 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 funds 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 Fiv1, 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 Form no later than September lof each year until the Contract is terminated. The Audit Reporting Form may be downloaded at: http: / /www.glo. texas. gov / coastal /grants /subrecipient.htmi. (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 :l /www.glo. texas. gov/ coastal /grants /subrecipient.htmi CMP Subgrant Supplemental Terms and Conditions Attachment B Page S 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 full 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 2.1 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 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 -199$) or later. The federal metadata standard is available on the World Wide Web at www,fdc.gov /metadata/csdgm 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. NAIINOS4190107. (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. NA11NOS4190107. (d) When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs fiznded 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 . Attachment B Page 8 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 or 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 whale or part by CMP fixnds, 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 land 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 holds 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 MANAGEMENT PROGRAM. IF THE PROPERTY IS EVER SOLD OR USED FOR PURPOSES CONTRARY TO THOSE FOR WHICH IT WAS ACQUIRED, THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 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. A 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 funds 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 44(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 33.136 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 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 (15 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.usdoi.gov/enrd/land-ack/vb200l.pd 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 1 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.eRis.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 Pare 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 B Page 14 of 14 (b) The GLO encourages Subrecipients to partner with certified HUBs that participate in the Comptroller's Mentor Protege Program. For more information on the program, and how it can assist your firm in meeting good faith effort goals please visit: www.window.state.tx.usi rocurement/ ro hub /mentg rote e. (c) Subrecipient shall submit annually the HUB expense report included in Attachment E. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 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 reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Se;!d comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction project (0348- 0042), Washington, DC 20503, 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. f=urther, certain f=ederal 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 Federal assistance, B. Will comply with the intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970 (42 U.S.C. §§47213 -4763) 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 Appendix A 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 property 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 construction site to ensure that the complete worts 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 tf.S.C. § §1681- 1683, and 1685- 1686), which prohibits discriminalion on the basis of sex; (c) Section 504 of the Rehabbitation Act of 1973, as amended (29 U.S.C. §794), which prohibits' discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968'(42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination In the sate, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Standard Form 4240 (Rev. 7 -47) Attachment: C Page.2 of 5 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally- assisted programs. These requirements apply to all Interests in real properly acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. § 51501 -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. 1 3• Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.G. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327- 16. 333) regarding labor standards for federally- assisted construction subagreements. 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 ftoodpla €ns in accordance with EO 11988; (e) assurance of project consistency with the. approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 el zeq.); (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 at 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). 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. 14. Will comply with.fEood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 17. Will assist. the awarding agency In assuring compliance (P.L. 93 -234) which requires recipients in a special flood with Section 106 of the Nallonal Historic Preservation hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), 1=0 11593 flood insurance if the total cost of insurable construction (identification and protection of historic properties), and and acquisition is $10,000 or more. the Archaeological and Historic Preservation Act of 1974 (16 U.S. G. § §469a -1 et seq.). 15. Will comply with environmental standards which may be prescribed pursuant to the following; (a) institution of 18. Will cause to be performed the required financial and environmental quality control measures under the 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- Prof€t Organizations. ". 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OFAUTHOR1ZED CERTIFYING OFFICIAL TITLE l ti ll i -l APPt_ICANTORGAN! N DATE.SU ITTED a Ch sfi SF42411 (Rev. 7.97) Back THIS FORM MUST BE EXECUTED Attachment C Page 3 of 5 FORM C13-s12 U.S. DEPARTMENT OF COMMERCE (REV 12-04) _ CERTIFICATION REGARDING LOBBYING LOWER TIER COVERER 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 As required by Section 1352, Title 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100.000 or a loan or loan guarantee over $.150,000 as defined at 15 CFR Part 28, Sections 26.105 and 28.110, the applicant certifies that to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on .behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or wilt be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee 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 ifs instructions. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer orempioyee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to fife the required state- ment 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. (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 ag subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this. certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fans 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, 1995, 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. NAME OF AP �7 r //?? AWARD NUMBER AND /OR PROJECT NAME C..�� ° C Ch ri S )� C.� Ula.:S� fh� emen F'0 b r� - C,l'_4 P� /J T_Ed.h! � , A D TI OF AUTHORIZED Rl= RESENr2ATIVE � SIGNATURE DATE jc- r 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 tSpp rpvi?mp fnr nrrhiir hiirrimn dicrfnciira 1 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract ❑a. bid /offer /application a. initial filing b. grant b. initial award 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 ❑ sutawardee and Address of Prime: Tier if known: Congressional District, if known: 4 c Congressional District, if known: 6. Federal DepartmentlAgency: 7. Federal Program NamelDescription: 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): information requested through this form is aulhormed by &tie 31 U.S.C. section 11. 1352. Signature: This disclosure of lobbying activities is a material representation or fact upon which reliance was placed by the tier above when this transaction 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 inspeclion. Any person who falls to file the Title: required disclosure shall be aulKect to a civil penalty or rwt lass than $10,000 and not more than 5704,000 for each such fadure. Telephone No.: Date: Locaf Re roductian P == °•r "� �F f *, . Ky'.:; Standard Form LLL(Rev. 7 -97} (Rev. Attachment 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.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employeeof a Memberof Congress in connection with a covered Federal action, Complete all items that apply for both the initial filing 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 and/or has been secured to influence the outcome of 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 reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. a. Enter the full name, address, city, Slate and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reportingentity that designates if it is, or expects to be, a prime or subaward recipient. Identify the 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 fling the report in item 4 checks " Subawardee," then enter the full name, address, city, Stale and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the nameof the Federal agency making the award or loan commitment. Include at least one organizationalievel 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_ 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item./ (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application /proposal 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 award /loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State 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 individual(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 dale 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 Managemenland 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: 1. 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 %) 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.ols.gov 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: Naive 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 Code, 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 fully 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 tracgy.hall@glo.state.tK.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 LEFT BLANK Attachment E Page 1 of 14 PROGRESS REPORT (Project Name) (GLO Contract No.) (Reporting Period) Task 1: (Name of task as identified in Attachment A of your contract) • Status of the task during fhis reporting period: Din progress ❑completed • Briefly describe major accomplishments for this reporting period. • List the deliverables) /milestone(s) completed during this reporting period. (Submit a copy of your completed deliverable (s) /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 1 of 2 Attachment 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 $ - $ - $ - $ - *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 Page 3 of 14 INVOICE .FOR CMP FEDERAL EXPENDITURES Invoice. Date: Federal ID No.: Invoice No.: E xpenditure Period: GLO Contract No.: Project Title: Subrecipient: Phone: Email Address: Submitted by: B udget Category Signature: Printed Name: Date CMP Amount Expenditures this Budgeted I Amount 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 For GLO Use Only: GLO Contract #: Expenditure Period: Requisition # Requisition # : Approved by Contract Specialist: Approved by Project Manager: Invoice approved for reimbursement: Grant Manager: Date Final Documentaion Recevied: Invoice Amt: $ Invoice Amt : $ Amount Previously Invoiced Date: Date: Date: Entered in Database by: Scanned to DocuShare by: Date: Date: Questions? Contact Sharon Moore 512.463.5819 or sharon.moore @glo.texas.gov Revised 0912019 Attachment B Page 4 of 14 MONTHLY GRANT PROJECT EQUIPMENT SHEET FOR DAILYIHOURLY RATES Project Name: Employee Name: Month and Year: Equipment Used: Pr FdSF ARAVrrIG 8f]GHl7rlr7S AF n6rr VGnilfnlllGUTlrcCl .,......We..........r �rn�........n Oat Day Da Day Day Da Da 1 2 3 4 5 6 7 hrs hrs hrs hrs hrs hrs hrs B 9 10 11 12 13 14 hrs hrs hrs hrs hrs hrs hrs 15 16 17 16 19 20 21 hrs hrs hrs hrs hrs hrs hrs 22 23 24 25 26 27 28 hrs hrs hre hrs hrs hrs hrs 29 30 31 hrs hrs hrs CALCULATION OF DAYSIHOURS: 0 X TOTAL # DAYSIHOURS I certify that this information is correct Printed Nerve of Project Manager: Project Manager Signature 0 DAILYIHOURLY RATE Date Attachment E Page 5 of 14 MONTHLY GRANT PROJECT TIME SHEET Project Name: Employee Name: Month and Year_ PI.Fd SF PPAVInF rinFFlnr1ACR Paign nFCf`vSDTJnM nF Wnnw Drornourn I- Day DaX Day Day Day Day D 1 2 3 4 5 6 7 hrs hrs hrs hrs hrs hrs hrs B 9 10 11 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 SALARYIHOi1RLY: a x TOTAL N HOURS 0 X TOTAL SALARY/HOURLY WAGE FOR MONTH I certify that this information is correct Employee Signature: Project Manager Signature HOURLY RATE FRINGE BENEFIT RATEI HOURLY FRINGE BENEFIT RATE (Not to exceed 35 %) a 0 Dale* Date Attachment Ts' Page 6 of 14 Subrecipfenl Department Address City, State Zip Contact Name Phone Fax GLO Contract It Federal IN Totnls SO.00 $0.00 S0.00 50.00 SO.00 S0.00 SO.DO 50.00 $0.00 Pleasc justify your request below (include additional sheets, as necessary). Signature of Aulhorizing Official Date GLO Use Your informal budget amendment is npp roved. Please retain acopy of this form %vith your project file. Informal Budget Amendment Approved by: BUDGET AMENDMENT REQUEST Contract Specialist Date: Tote: This copy of this form will hetome part oryour permanent GLO legal file. Requested Revised Current CMP Current Local Current Requested Requested Other Revised CMP Revised Local Other Budget Category ftudget Rudget Other Budget CMP Changes Local Changes Chan es Budget Budget Budget Personnel MOD $0.00 S0,00 50.00 50.00 50.00 SO.00 SO.00 SO.00 Fringe - $0.00 $0.00 SO.00 $0.00 $0.00 $0 -00 S0.00 $0.00 $0.00 Travel $OM $0.00 $0.00 $0.110 $0.00 50.00 50.00 $0.00 $0.00 Supplies Mull $0.00 $0100 $0100 $0,00 SO.00 50.00 $O.OD $0.00 Equipment 50.40 50.00 50.00 $0.00 50.00 $0.00 S0.00 50.00 50.00 Conlrattual - S0,00 54.00 $0.00 $0.00 $0.00 $0.00 - $6.110 $0.00 50.00 Other SO.00 SD.00 SD.00 50.00 50.00 50.00 SD,DO 50.00 50.00 Subtotal SO.00 50.00 SO.00 50.00 $0.00 50.00 SD.00 $0.00 SOAO Indirect Costs $0.00 $D.00 $0.00 SO.00 $0.00 $0.00 5D.00 50100 SO.00 Totnls SO.00 $0.00 S0.00 50.00 SO.00 S0.00 SO.DO 50.00 $0.00 Pleasc justify your request below (include additional sheets, as necessary). Signature of Aulhorizing Official Date GLO Use Your informal budget amendment is npp roved. Please retain acopy of this form %vith your project file. Informal Budget Amendment Approved by: BUDGET AMENDMENT REQUEST Contract Specialist Date: Tote: This copy of this form will hetome part oryour permanent GLO legal file. 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.omb.govl rg ants) Subrecipients expending (spending/reimbursed) 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 12873 Austin, Texas 78711 -2873 Section 1: Entity Information Name of Entity ( Subrecipient) What is your entity's fiscal year? Project Title and GLO Contract Number (additional grants may be listed on a separate page) through Month / Year Month / Year Section 2: Sin le Audit Requirement For your most recently completed fiscal year, account for all federal funds ( awards/grants) 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)? S ❑ If leas than $500,000 in total federal funds (awards/grants) were expended: Your entity is exempt from further audit requirements for the reporting period. Complete Sections 4 and 5 (Federal Awards Information and Signature Sections). ❑ If $500,000 or more in total federal funds (awards /grants) were expended: ComRIete all remaining sections. Section 3: Audit Information • Date of your Entity's last completed audit: (Date) • Period Covered by Audit: through Month/Year Month/Year • 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 OLO issued funds submit the schedule of findings and questioned costs.) • Next audit scheduled for: (Montli/Year) • Period to be covered by next scheduled audit: through Month/Year Month/Year Section 4: Federal Awards Informatiotn 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— month/ r Section 5: Signature Section Signature of Preparer Printed Name of Preparer and Title Date - Pre arer's Contact Information: Email: Phone: — ext. Attachment E Page 8 of 14 Instruction Sheet for the Audit Reporting Fortran 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 1996 ' Office of Management and Budget (OMB) Circular No. A -133. The OMB's website, httl2: / /www.omb.eoy /grants. 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 Entity — 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. Jan. `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 Findings — 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, if 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 by Next 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 (grantedlawarded). 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 '08); 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 infonmation. Section 5: Signature Section. • Signature of Pre parer — The person who prepared the AR form must sign and date the form. • Printed Name of Preparer — Print the name and title of the person who prepared the AR Form. • Preparer's Contact 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 Adfilling 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 1 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 1 am not sure if the following vendor is a HUB: Vendor's name Amount }paid: S or No project funds were paid to a HUB vendor during the stated time period. Please fax this page to Ms. Monica Simien, 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.simien @glo.state.tx.ns. Revised 12/4/2008 LOCAL MATCH EXPENDITURES Attachment E Page 10 of 14 Submission Date: Federal 1D No.: Submission No.: E xpenditure Period: GLO Contract No.: Project Title: Subrecipient: Phone: Email Address: Submitted by: Signature: / 1 Date Printed Name: Amount Local Amount Expenditures this Previously Amount Budget C 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 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 P r GLO Use Only. GLO Contract #: Expenditure Period: FY: FY: Approved by Contract Specialist: Entered in Database: Scanned to DocuShare: Date Final Documentation. Received: Match Amount: $ Match Amount: $ Date: Date: Date: Questions? Contact Sharon Moore 512.463.5819 or sharon.moore@glo.texas.gov Revised 0912011 Attachment E Page 11 of 14 Submission Date: Submission No.: GLO Contract No.: Project Title: Subrecipient: Phone: Email Address: THIRD PARTY MATCH EXPENDITURES Federal ID No.: Expenditure. Period: Totals $0.00 GLO Use Only: GLO Contract #: Expenditure Period: FY: FY: Approved by Contract Specialist: Entered in Database: Scanned to DocuShare: $0.00 $0.00 $0.00 Date Final Documentation Received: Match Amount: $ Match Amount: $ Date: Date: Date: Questions? Contact Sharon Moore 512.463.5519 or sharon. more@glo, texas. gov Revised 0912011 Submitted by: Signature: I I Harp Amount Third Party Expenditures this Previously Amount Budget Category Amount 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 $0100 $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 GLO Use Only: GLO Contract #: Expenditure Period: FY: FY: Approved by Contract Specialist: Entered in Database: Scanned to DocuShare: $0.00 $0.00 $0.00 Date Final Documentation Received: Match Amount: $ Match Amount: $ Date: Date: Date: Questions? Contact Sharon Moore 512.463.5519 or sharon. more@glo, texas. gov Revised 0912011 Submitted by: Signature: I I Harp Attachment E Page 12 of 14 MONTHLY GRANT PROJECT EQUIPMENT SHEET FOR DAILYIHOURLY RATES Project Name: Employee Name: Month and Year: Equipment Used: Gr FASF ARAVrr F C f1F HM rR'l.0 !1F' h4r1 Y FA1 nPMFlVY rlCF /..r.,..ra .nn., nr ne.nhser.� .�.na .......n Day biy Day Day Day Day 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 his 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 is correct. Printed Name of Project Manager. Project Manager Signature 0 Date Attachment M Page 13 of 14 MONTHLY GRANT PROJECT TIME SHEET Project Name: Employee Name: Month and Year: PI FG.SF PRr]Vrnp a AF Nnrtnsz Rn9FF r}FCraraTrnu nr Wnmr orncnns.rah r .. --- ---- Day Da — Day Day Day Day jDa 1 2 3 4 5 6 7 hrs hrs hrs hrs hrs hrs hrs 8 9 10 11 12 73 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 0 X TOTAL SALARYIHOURLY WAGE FOR MONTH I certify that this information is correct. Employee Signature: Project Manager Signature HOURLY RATE FRINGE BENEFIT RATE/ HOURLY FRINGE BENEFIT RATE (Not to exceed 35 %) 0 Q Dale: Date Attachment E Page 14 of 14 Project Name: Project Event. Event Rate: VOLUNTEER TIME SHEET Las! Name First Name Affiliation Assigned Task (i.e., planting, setup, cleanup, etc.) Hours Worked Hourly Rate Value Volunteer Time $ $ $ $ TOTAL 0 $ Attachment F Page 1 of 13 Texas Coastal Management Program Grant Closeout Form For more information, please contact Melissa Porter at Phone: 1(800) 998 -4GLO or (512) 475 - 1.39 Fax: (512) 475 - 0680 Email Melissa, Porter@glo.state.tx,us CMP website: http://www.glo. state. tx. us /coastal /grants /subrecipient.htmi This form must be completed and. submfted to the Texas Caas#af, Management Program as described �n the contacc#. The GL0 rrjust approve he completed font pnor'.ao issuance of the'hal giant payment This form 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: to Organization Name: Organization Type:Select Organization Type Project Manager/ Pri ncipal In vestigator: Address: Phone: Email: County(ies ): Select County(ies) where project is located Attachment, F Page 2 of 13 SECTION 2: FINANCIAL MEASURES Please quantify the total amount of received, matched, and leveraged dollars applied toward your project during the:grant contract period. DEFINITIONS RECEIVED dollars are funds awarded by CMP minus any dollars returned to CMP. MATC14ED dollars are funds used to match received dollars. LEVERAGED dollars are funds in addition to received and matched dollars that are spent on a CMP funded Project. For e . kample, a grantee may partner with several entities to acquire land; funds'in addition to CMP or matching dollars spent to acquire the land would be considered IeVs ded dollars: Another example is a project where a grantee partners. with a city's planning department to develop a greenway plan for a coastal! community. The city planning department provides the required CMP match. During the project, the city's recreation department contributes staff time to conduct visioning and public outreach for the greenway project. The cost to the recreation department to conduct the.vislorting and outreach activities can be considered leveraged project dollars. In -kind funds and services that qualify under Office of Management and Budget Circular A 110 see sect. 23 "Cost sharing or matching" htt :/ www:wh te.house. bV /ornb /circu ar /a1I0Ja1:10.html#2-3 can be included as leveraged dollars. Sources of leveraged dollars can be #ederal, 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 while supporting active stakeholder and public participation. PUBLIC ACCESS: Grant activities that create public access sites by acquisition or easement and /or enhance public access for recreational purposes in the coastal zone. COASTAL HABITAT: Grant activities that protect coastal habitat by acquisition or easement and/or EJ 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 in the coastal zone. COASTAL HAZARDS. Grant activities that reduce damage from future hazards and/or increase public awareness of hazards. in the coastal zone. COASTAL DEPENDENT USES AND COMMUNITY DEVELOPMENT: Grant activities that help coastal r - 1 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 GILD Coastal Management Program - Grant Closeout Form Page 2 Attachment F Page 3 of 13 SECTION 2: FINANCIAL MEASURES 'lease quanti fy. the total amount of received and matched dollars spenton technical assistance to local 3overnments'during the grant contract period. DEFINITIONS LOCAL GOVERNMENTS are municipalities or county governments within the CMP boundary. TECHNICAL ASSISTANCE includes consultation, review, training, and other types; of support to local goverrments on planning, managing local resources, meeting state requirements, 'using technical tools, and other activities to increase local management capacity. PLE ASE NOTE: If y ou are a local government, question 4 and 5 do not ap ply to your pr oject. 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 GLO Coastal Management Program - Grant Closeout Form Page 3 Attachment F Page 4 of 13 SECTION 3. EDUCATIONAL ACTIVITY MEASURES Please quantify the total number of educational activities offered by'your project and the total number: of participants for each activity during the grant contract period, by category. DEFINITIONS EDUCATIONAL ACTIVITIES include presentations; seminars; stewardship or field events where the public participates Ir activities such as the removal of invasive species; and other activities that`proviile iron= technical informatidn about environmental or socio- economic conditions,' coastal management issues and policies, coastal resources, and the role of planning. PARTICIPANTS are the people that participated in the reported educational activity. You should document the number of participants for each educational activity reported at the time the activity is conducted. If a sign ;q'shee# or registration is not possible, the program should ensure that the person conducting the n . activity records a count of participants at the time of the activity. PLEASE NOTE: The following educational activities should NOT be included: publications (i.e. brochures, guides, etc.), internet materials or web sites, mass media campaigns, interpretive kiosks or signage, un- staffe.d conference booths or displays, or other efforts that provide education through indirect methods. Staffed. conference booths or displays that provide educational opportunities and can be pained 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. See Section 2 for category definitions. Number of Government Coordination educational activities offered with u assistance from CMP funds. 2. Number of Public Access educational activities offered with assistance from 0 CMP funds. 3. Number of Coastal Habitat educational activities with assistance from CMP g funds. 4. Number of Coastal Water QualW educational activities offered with Q assistance from CMP funds. 5. Number of Coastal Hazards educational activities offered with assistance t) from CMP funds. 6. Number of Coastal Dependent Uses and Community De plopment 0 educational activities offered with assistance from CMP funds. Texas GLO Coastal Management Program - Grant Closeout Form image 4 Attachment F Page 5 of 13 rfease quantnythe total number of training or outreach events offered by your project and the total number of participants for each event for the grant contract period, by category. DEFINITIONS TRAINING or OUTREACH EVENTS include events for public officials, government agencies stakeholders non- gouemmontal atgarnzations, and industry or p'rafessional audiences that focus on more: tedF rncal, subiect nutter than those provided through educational activities Training or outreach even #s can include: p activities that are tailored to a specific audience, such as wetland regulators or a local. g gency permuting program. PARTICIPANTS are the. people that participated in the reported training or outreach ach►ity Grantees should document the number of participants for each educational activity reported at the time it is . conducted. If a sign -in sheet or registration is not possible, the program 'should ensure that the person conducting the event records a count of participants at the time of the event. 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 can be provided through the internet to provide remote access to specific training topics. Internet raining t :that does not require registration or a sign -up process to track users should only be reported if user tracking is possible. Training activities. should be categorized based, on the dominant topic -area addressed. If an outreach event is primarily held to address management needs or cootdination on a range of categories, the event inay, be best categorized under Government Coordination. Only record each event once, even if multiple topics are covered. Do not includean event that was reported under educational activities. See Section 2 for category definitions. 1. Number of Government Coordination training or outreach events offered g With assistance from CMP funds. 2. Number of Public Access training or outreach events offered with assistance 0 from CMP funds. 3. Number of Coastal Habitat training or outreach events offered with assistance from CMP funds. 4. Number of Coastal Water Qualb training or outreach events offered with U assistance from CMP funds. 5. Number of Coastal Hazards training or outreach events offered with 0 assistance from CMP funds. g Number of Coastal Dependent Uses and Community Development training or 0 outreach events offered with assistance from CMP funds. Texas GLO Coastal Management Program - Grant Closeout Form Page 5 Attachment F Page 6 of 13 SECTION 5: PUBLIC ACCESS MEASURES Please quantify the total number of public access sites created and/de6nhanced by your pr61ect`du49g�the , grant contract period. DEFINITIONS CREATED public access sites are properties acquired for public access through fee simple ownership or through an easement. There may be instances where a property has , been 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 properties previously open to the public where recreational facilities have been added or unproved: Examples includet . the additiop of educafional signage, fish cleaning stations, parking, or bathroom facilities; 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. Number of public access sites created through acquisition or easement with a assistance from CMP funds. 2. Number of public access sites enhanced with assistance from CMP funds. p Texas GLO Coastal Management Program - Grant a om out Form Page 6 Attachment F Page 7 of 13 ease quantify the total number of acres of coastal habitat protected' by acquisition or easement or 'I your project during the grant cohtract period, by catego DEFINITIONS PROTECTED coastal habitat refers to properties acquired for their habitat values through fee sirripi!e ownership or through a conservation easement. RESTORED. coastal habitat refers to previously degraded or attered habitat that has been rehabilitated and often involves reestablishing native vegetation and natural hydrology: TIDAL. ETLANDS.are wetlands that are inundated by tidal waters: Definitions of wetlands grid tidal waters can .e found at 33 CFR 328.3(b) and 33'CFR 328.3(0, respectively Tidal wetlands can include salt and brackish marshes (tidally flooded grasslands), and mangrove swamps (salty shrub; thtckets and forests). Tidal wetlands in saline and brackish areas, or estuarine wetlands; which are part of the estuary where salt wafer mixes with fresh water running off the land via rivers, are aiso included. BEACH: is the zone located inland from the mean low tide to the natural line of vegetation bordering the seaward shore of the Gulf of Mexico. DUNE is a wind formed hill or ridge of sand. NEARSHORE (intertidal, subtidal or submerged) habitats include intertidal rocky areas and pools, mud flats, coral reefs, shellfish beds, submerged aquatic vegetation such as seagrass beds, rocky hard bottom habitat, and other nearshore benthic habitat. PLEASE NOTE: Acres of habitat should only be reported if the. protection or restoration activities were completed during the grant contract period. Do not report acres of habitat if the project is still in the planning or design phase. 1. Number of tidal wetlands sites protected by acquisition or easement with assistance from CMP funds. 0 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 easement with assistance from CMP funds. 0 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 assistance from CMP funds. 0 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, riparian forest, etc.) protected by acquisition or easement with assistance from CMP 0 funds. Texas GLO Coastal Management Program - Grant Closeout Form Page 7 Attachment F Page 8 of 13 8. Number of other habitat sites (e.g. nontidal wetlands, coastal prairie, riparian g forest, etc.) restored with assistance from CMP funds. Texas GLO Coastal Management Program - Grant Closeout Form . Page a Attachment F Page 9 of 13 Please quantify the total number of manna debris removal activities and tie total number of pounds�collected by your'prolect for each activity during the grant contract period DEFINITIONS? NARTNE DEBRI5 REMOVAL ACTIVITIES include activities (either voluntary or non- voluntary) to remove marine debris: from the coastal system. ESTIMATED POUNDS OF DEBRIS can be based on reports volunteer groups, non- volunteer removal programs, ar the average weight of commonly removed objects by tfie estimated hum" ber removed (e.g. average crab trap weighs 5 pounds and 25 were removed). 1. Number of marine debris removal activities completed with assistance from CMP funds. Texas GLO Coastal Management Program - Grant Closeout Form Page 9 Attachment F Page 10 of 13 totpi number o s es Where water quality was monrtored b j and y your pro ect 'I ,ommunities that developed or updated polluted anoff management ordrnanc ?mpleted projects to lin plement polluted runoff management ordinances, polic Ti your project dudnq the sarant contract period: DEFINITIONS WATER QUALITY MONITORING includes water quality and aquatic habitat monitoring and assessment activltes conducted,by the public, universities, and other nor- governmental agencies It_d "'snot fncEiide monitoring conducted by the State or local agencies to meet federal Clean Water Act requirements or monitoring' conducted as part of permit review or enforcement activities. COASTAL COMMUNITY is a unit of local government (municipality or county) or a special unit of government sucK as a storm water district or planning district. ELIGl13LE ORDINANCES, POLICIES, and PLANS should be developed or adopted by a focal unit of government and can include State mandated programs. Ordinarxces; policies, and plans' developed by a non - governmental organization in cooperation with a governmental entity can be included. COMPLETED PROJECTS include activities to prevent or control polluted runoff such as the implementation of be management practices or the construction of a wetland retention system. Projects completed by a non - governmental organization for a coastal community can be reported. t . Number of sites where water quality was monitored with assistance from O CMP funds. 2. Number of coastal communities that developed or updated polluted runoff management ordinances, policies, and plans with assistance from CMP p funds 3, Number of coastal communities that completed projects to implement polluted runoff management ordinances, policies, and plans with assistance p from CMP funds. Texas GLO Coastal Management Program - Grant Closeout Form Page 10 Attachment F Page 11 of 13 SECTION ' : COASTAL HAZARDS MEASURES Please quantify the total number of coastal communities in the ` coastal zone that completed projects toreduce future damage from hazards and /or increase public awareness of hazards with assistance from your project during the grant contract aetiod. DEFINITIONS COASTAL COMMUNITY is a unit of local government (municipality or county) or a special unit of government such as a storm water district or planning district. COMPLETED PROJECTS include the development of or update of local coastal hazard plaits, local.coastal hazard mitigation polices, ordinances or codes, technical assistance; education and oufeach; and on -Elie- ground proiects to reduce future damage from hazards. Projects completed by a non-govem mental organization for a coastal community can be reported. INCREASED ,PUBLIC AWARENESS may result from hands -on educational events, educational sigriage or kiosks;' and i 6iriationaI materials such as brochures and websites 'They May be on -going efforts, but the community must have completed an activity or component of the project during the grant contract period. Webs ites 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 0 damage from hazards with assistance from CMP funds. 2. Number of coastal communities that completed a project to increase public g awareness of hazards with assistance from CMP funds. Texas GLO Coastal Management Program - Grant Closeout Form Page 11 Attachment F Page 12 of 13 SECTION 10: COASTAL DEPENDENT USES AND COMMUNITY DEVELOPMENT MEASURES :. quantify the total number of coastal communities that developed or updated sustainable developmef noes, polices, and plans; completed a project to implement a sustainable development plan, develope afed port or waterfront redevelopment ordinances, policies, and; plans; and/or completed" a'projec t fo ss ieht a redevelop plan with assistance from your project pring'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 management board, port commission, or regional;koard or commission. ELIGIBLE ORDINANCES, POLICIES, and PLANS should be developed or adopted by a local . unit of government and can include State mandated programs. Ordinances, policies, and plans developed by a non - governmental organization in cooperation with a governmental entity can be included. COMPLETED PROJECTS should implement actions called for in a sustainable development or port or waterfront redevelopment plan. SUSTAINABLE DEVELOPMENT PRACTICES can include mixed land uses, compact building design, and kab walle neighborhoods; preservation of open space, farmland, natural beauty, and critical environmental areas, directing development towards existing communities; and collaboration in development decisions by the community and stakeholders. PORT OR 1NATERFRONT REDEVELOPMENT can include economic development; land acquisition or protection through easement; rehabilitation or acquisition of piers for public use; rehabilitation of bulkheads for Improved public safety or access; removal or replacement of pilings to provide increased recreational . use, zorirng or other development ordinances to support redevelopment; and visioning and other public involvement processes. 1. Number of coastal communities that developed or updated sustainable development ordinances, policies, and plans with assistance from CMP 0 funds. 2. Number of coastal communities that completed a project to implement a sustainable development ordinance, policy, or plan with assistance from 0 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 .0 CMP funds. Texas GLO Coastal [Management Program - Grant Closeout Form Page 12 Attachment F Page 13 of 13 SECTION 11: GLO STAFF ONLY INSTRUCTIONS GLO STAFF: please enter your e-mail and password below to submit the form to database. EVERYONE ELSE: please STOPI This section is for GLO STAFF ONLY User Email: Password: Texas GLO Coastal Management Program - Grant Closeout Form Page 13