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SUBRECIPIENT GRANT AGREEMENT
GLO CONTRACT No. 13-283-000-7529
COASTAL IMPACT ASSISTANCE PROGRAM
USFWS FINANCIAL ASSISTANCE AWARD NUMBER F12AF01418
This Subrecipient Grant Agreement (the "Contract") is entered into by and between the
GENERAL LAND OFFICE (the "GLO" or "Recipient"), a State agency, and the CITY OF CORPUS
CHRISTI ("Subrecipient") to provide financial assistance using funds received under U.S. Fish
and Wildlife Service ("USFWS") Financial Assistance Award Number F12AF01418, as
amended, for the project entitled "Oso Bay Coastal Environmental Learning Center Project."
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 the Coastal Impact Assistance Program("CIAP").
1.02 CONTRACT DOCUMENTS
The GLO and Subrecipient hereby agree that this document and the following
Attachments, which are incorporated in their entirety for all purposes, either physically or
by reference, shall govern this Contract:
ATTACHMENT A- Work Plan and Project Budget
ATTACHMENT B: USFWS Financial Assistance Award Agreement to the GLO for
Award No. F12AF01418; Project Narrative; Budget Narrative
ATTACHMENT C: Federal Assurances, as applicable Construction(SF424D) or
Non-Construction (SF-424B); Certification Regarding Lobbying
Lower Tier Covered Transactions (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 CIAP Federal Expenditures Form; Budget Amendment
Request Form; HUB Expense Reporting Form; Audit Reporting
Form; Final Project Report Form
ATTACHMENT F: Final,Actual Budget to be Submitted by Subrecipient
2013-324
6/11/13
Ord. 029857 GLO Contract No.13-283-000-7529
Texas General Land Office Pagel of27 INDEXED
1.03 DEFINITIONS
"Act" means Section 384 of the Energy Policy Act of 2005, Public Law 109-58, 109th
Congress, 119 Stat. 739 (August 8, 2005) (amending the Outer Continental Shelf Lands
Act, Title 43, United States Code, Section 1356a).
"Allowable Costs" means costs that are authorized under Title 43, Code of Federal
Regulations, Part 12.
"Budget" means the budget for the Project funded by the Contract, included in
Attachment A,attached hereto and incorporated herein for all purposes.
"Bud et Narrative" means the narrative description of the budget for the Project in
Subrecipient's application for CLAP Subgrant funds submitted to USFWS, a copy of
which is included in Attachment B.
"CIAP"means the Coastal Impact Assistance Program.
"CMP Rules" means the rules set forth in Chapters 501 through 505 of Title 31 of the
Texas Administrative Code for the Texas Coastal Management Program, authorized by
statute in Chapter 33, Subchapter F, of the Texas Natural Resources Code.
"Coastal Impact Assistance Pro am" means the federal grant program for certain coastal
states, as authorized by the Act and managed by the U.S. Fish and Wildlife Service, a
bureau of the U.S. Department of the Interior. The State of Texas administers the CIAP
on behalf of the federal government.
"Compliant Format"means the format and standards set forth in Section 4.01 and Article
9.
"Deliverable(s)" means the work product(s) required to be submitted to the GLO as set
forth in the Work Plan.
"E ui ment' means tangible personal property having 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" means Standard Form 424B (Rev. 7-97), as prescribed by OMB
Circular A-102 (non-construction projects); or Standard Form 424D (Rev. 7-97), as
prescribed by OMB Circular A-102 (construction projects), in Attachment C, attached
hereto and incorporated herein for all purposes.
"Federal Certifications" means U.S. Department of Commerce Farm CD-512 (Rev 12-
04), "Certification Regarding Lobbying Lower Tier Covered Transactions," also in
Attachment C, attached hereto and incorporated herein for all purposes.
"Final Report" means a written report that must be received by the GLO upon completion
of the Work Plan, as set forth in Section 4.03 herein.
"Financial Assistance Award" means the financial award made to the GLO by the
USFWS under the CIAP, providing funding for the Project under this Contract; may be
used interchangeably with"Grant."
"Financial Assistance Award Agreement" means the formal grant agreement between the
GLO and USFWS, USFWS Financial Assistance Award Number F12AF01418, for the
period ending December 30, 2014 making funding available to the State of Texas under
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the CIAP for the Project. A copy of the Financial Assistance Award Agreement is
included in Attachment S, attached hereto and incorporated herein for all purposes.
"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.
"Grant" means the financial award made to the GLO by the USFWS under the CIAP,
providing funding for the Project under this Contract; may be used interchangeably with
"Financial Assistance Award."
"Grant Administrator" means the GLO staff member assigned to monitor the Project, as
may be designated from time to time by the GLO.
"Grant Administration Form" means one of the several forms required to be submitted
under this Contract, copies of which are included in Attachment E.
"HUB" means Historically Underutilized Business as defined by Chapter 2161 of the
Texas Government Code.
"Plans" means the engineering specifications, construction plans, and/or architectural
plans for the construction of improvements approved by the GLO for the Project, if any.
"Project" means the Oso Bay Coastal Environmental Learning Center project which this
Subgrant will fund, as defined in Attachment A hereto.
"Project Narrative" means the narrative description of the Project in Subrecipient's
application for CIAP Subgrant funds submitted to USFWS, a copy of which is included
in Attachment B.
"Public Information Act" means Chapter 552 of the Texas Goverment Code.
"Quarterly Reports" means written progress reports that must be received by the GLO as
set forth in Section 4.03 herein.
"Recipient" means the GLO, which is the CIAP recipient under the Financial Assistance
Award to which this Contract relates.
"Subgrant" means pass-through funds received through the Financial Assistance Award
under the CIAP and approved for use by the Subrecipient in accordance with the terms of
this Contract.
"Subrecipient" means the entity to which the Subgrant is made, which is the same entity
as the "subrecipient" and the "subgrantee" as referred to in the Financial Assistance
Award Agreement and in Title 43, Code of Federal Regulations,Part 12.
"USFWS" means the U.S. Fish and Wildlife Service, a bureau of the U.S. Department of
the Interior.
"Work Plan" means the statement of work and special conditions, if any, contained in
Attachment A.
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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.
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ARTICLE 2-FINANCIAL ASSISTANCE AWARD AND SCOPE OF PROJECT
2.01 FINANCIAL ASSISTANCE AWARD
Subrecipient submitted an application for Subgrant funds under Texas' CIAP. USFWS
has made the Financial Assistance 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 MILLION FIVE HUNDRED THOUSAND
DOLLARS ($1,500,000.00), payable in installments as reimbursement of Allowable Costs
incurred by Subrecipient, to be used in conformance with the Work Plan and Project
Budget in Attachment A, and the Financial Assistance Award Agreement in
Attachment B.
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 Financial Assistance Award Agreement. THIS RECAPTURE PROVISION
SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE CONTRACT.
Except as set forth in the Financial Assistance Award Agreement, the GLO is not liable
to Subrecipient for any costs incurred by Subrecipient before the effective date of this
Contract, or after its termination. The GLO will reimburse Subrecipient for Allowable
Costs incurred prior to the effective date of this Contract in the amount stated in the
Financial Assistance Award Agreement, if any.
2.02 INCORPORATION OF FINANCIAL ASSISTANCE AWARD TERMS
The Financial Assistance Award Agreement authorizes the use of the Subgrant by
Subrecipient for the Project in accordance with the terms of the Financial Assistance
Award Agreement and applicable state and federal law.
Recipient and Subrecipient understand and agree that any and all terms and provisions of
the Financial Assistance Award Agreement that apply to the Recipient by operation of
this Contract are also applicable to Subrecipient.
2.03 PROJECT AND WORK PLAN
The Project shall be performed in accordance with the Work Plan and Budget in
Attachment A; the description in the Financial Assistance Award Agreement 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 in accordance with 43 C.F.R.
12.70. Modifications may require the approval of the USFWS, 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 WHETHER THE REQUEST IS APPROVED OR REJECTED.
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2.04 GENERAL REQUESTS
Subrecipient may submit requests provided for in the Contract electronically and 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 GLO Grant
Administrator.
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ARTICLE 3 -TERM
3.01 DURATION AND EXTENSION OF TERM
This Contract shall be effective as of the date executed by the last party, and shall
terminate upon completion of the Project, or on August 30, 2014, whichever occurs first.
Upon receipt of a written request and acceptable justification from Subrecipient to the
Grant Administrator and approval from the USFWS, the Grant Administrator may extend
this Contract for a period not to exceed twelve (12) months. ANY REQUEST FOR
EXTENSION MUST BE RECEIVED BY THE GRANT ADMINISTRATOR AT LEAST SIXTY (60)
DAYS BEFORE THE ORIGINAL TERMINATION DATE OF THIS CONTRACT.
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 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.
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ARTICLE 4-GRANT ADMINISTRATION
4.01 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. For all electronically stored information
and data, Subrecipients must comply with the GLO's standards set forth in Article 9.
4.02 SUBMISSIONS
Except for legal notices that must be sent by specific instructions under Section 12.07
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:
ciapreceipLs@glo.texas.gov
4.03 PROGRESS REPORTS
Subrecipient shall submit Quarterly and Final Reports, as required in the Work Plan,
electronically and in Compliant Format to the Grant Administrator.
Quarterly Reports must be received during the term of this Contract as follows: on or
before January loth; April 10'h; July 10th; and October 10'h. The first Quarterly Report is
due on or before the 10'h day of the first month after the quarter in which the Contract
becomes effective. Based upon the effective date of this Contract, the first Quarterly
Report may cover reporting for a partial quarter, but must be submitted according to this
Section nonetheless. No Quarterly Report is required for the Quarter in which a Final
Report is to be submitted.
A Final Report must be received by the GLO within ten (10) days of completion of the
Project or the termination date of the Contract, whichever is earlier. Notwithstanding the
preceding, upon written request by Subrecipient and written approval by the GLO, this
Deliverable due date may be extended.
4.04 DELIVERABLES
Subrecipient shall submit each Deliverable required in the Work Plan, electronically and
in Compliant Format, to the Grant Administrator in accordance with the Work Plan in
Attachment A.
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, and written approval by the
Grant Administrator. Modifications may require the approval of the USFWS, which may
cause significant delays. THE GRANT ADMINISTRATOR WILL INFORM SUBRECIPIENT
WHETHER THE REQUEST IS APPROVED OR REJECTED.
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4.05 REIMBURSEMENT REQUESTS
Subrecipient shall submit requests for reimbursement for costs allowed under this
Contract on the approved CIAP Invoice Form, and provide such other information as the
GLO may request. With each reimbursement request, Subrecipient shall include copies
of all actual receipts, cancelled checks, and/or such other documentation that allows for
full substantiation of the costs incurred, and which displays the full GLO Contract
Number, as well as Catalog of Federal Domestic Assistance ("CFDA") No. 15.668. Any
request for reimbursement that does not include this information will be rejected and
returned to Subrecipient, which may result in a significant delay in payment of the
invoice.
Subrecipient must submit a modified budget prior to obtaining reimbursement for any
Allowable Cost that is not identified in the Budget in Attachment A.
FINAL REQUESTS FOR REIMBURSEMENT UNDER THIS CONTRACT MUST BE RECEIVED BY
THE GLO NO LATER THAN SIXTY (60) DAYS AFTER THE EXPIRATION OR TERMINATION
DATE OF THE CONTRACT. ALL OTHER REQUESTS FOR REIMBURSEMENT UNDER THIS
CONTRACT MUST BE RECEIVED BY THE GLO AT LEAST QUARTERLY, AS SPECIFIED IN
SECTION 4.03. FAILURE BY SUBRECIPIENT TO COMPLY IN A TIMELY MANNER WITH
THESE REQUIREMENTS MAY RESULT IN DENIAL OF THE REQUEST FOR REIMBURSEMENT.
Failure by Subrecipient to submit a Deliverable by its due date may result in the
withholding of a percentage of the reimbursement request until Subrecipient submits the
Deliverable.
4.06 BUDGET CHANGES
Subrecipient may rebudget within the approved direct cost Budget to meet unanticipated
requirements; however, certain types of post-award budget changes may require prior
written approval pursuant to 43 C.F.R. 12.70.
Where written approval is not required, Subrecipient must give notice to the GLO within
thirty (30) days of any changes to the Budget. Where prior written approval is required,
Subrecipient may request permission to change the Budget by submitting the GLO
Budget Amendment Form, along with a written justification, to the Grant Administrator.
This form may be downloaded at:
http://www.glo.texas.gov/what-we-do/caring-for-the-coast/grants-funding/ciap/grantee-
re uirements.html
Budget changes that require prior written approval shall be effective only after written
approval by the GLO. Any request for changes to the total budget amount may be
allowed only through the formal, written Contract amendment process. Any Budget
change inconsistent with the purpose or terms and conditions of the Financial Assistance
Award Agreement will be rejected.
A FINAL, ACTUAL BUDGET, TO BE ATTACHED TO THE CONTRACT AS ATTACHMENT F,
MUST BE SUBMITTED BY SUBRECIPIENT NO LATER THAN SIXTY (60) DAYS AFTER THE
EXPIRATION OR TERMINATION DATE OF THE CONTRACT.
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4.07 PROGRAMMATIC CHANGES
Subrecipient may make limited program changes to the approved Project; however, certain
types of post-award changes to the Project may require prior written approval pursuant to 43
C.F.R. 12.70. Where prior written approval is required, Subrecipient may request
permission to make changes to the Project by submitting a written request and detailed
justification to the Grant Administrator. Changes to the Project scope or outcome may be
allowed only by formal, written amendment to the Contract. Any programmatic change
inconsistent with the purpose or terms and conditions of the Financial Assistance Award
Agreement will be rejected.
4.08 ADDITIONAL GRANT COMPLIANCE REQUIREMENTS
Subrecipient shall comply with additional provisions relating to Grant Administration
required by any state or federal law. Subrecipient understands and agrees to the terms
included in Attachments C and D that require assurances certifications, and affirmations
to fulfill state and federal legal requirements. It is the sole responsibility of Subrecipient
to comply with applicable legal requirements identified in Attachments C and D and
any other applicable laws,rules, and regulations.
4.04 PURCHASES
Only equipment and/or computer software considered to be Allowable Costs may be
purchased with the funds provided under this Contract. 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 funds provided under the Contract including the name of the manufacturer,
the model number, and serial number. Disposition of Equipment shall be made in
accordance with Title 43, Code of Federal Regulations, Part 12.
4.10 GRANT ADMINISTRATION FORMS
(a) Recurring forms that must be submitted to the GLO Grant Administrator are updated
from time to time,and can be downloaded at the following Web address:
http://www.glo.texas.Gov/what-we-do/caring-for-the-coast/grants-funding/ciap/p,rantee-
re uirements.html
A copy of the current version of each recurring form is included in Attachment E, for
convenience. Subrecipient is responsible for using the proper forms and should
periodically check the Web site for updated forms. In the event an outdated form is
submitted, the GLO shall give Subrecipient notice that the form has been updated and
provide Subrecipient the opportunity to re-file the form, if required.
(b) Additional forms required by the Contract or the Financial Assistance Award
Agreement indicating Subrecipient's compliance with required state and federal laws
are described below and found in Attachment C:
(i) Subrecipient shall execute the Assurances-Construction (Standard Form
424D) or Non-Construction Programs Form (Standard Form 424B), as
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applicable to the Project, attached to the Contract in Attachment C,
assuring that it will comply with all federal statutes listed thereon and, when
applicable, shall obtain and return executed assurance of compliance forms
from its subcontractors.
(ii) Subrecipient shall certify, by executing Certification Regarding Lobbying
Lower Tier Covered Transactions (Standard Form CD-512), also attached
in Attachment C, that no federal funds have been or will be paid to any
person for influencing or attempting to influence the award to Subrecipient
contemplated under this Contract.
(iii) If at any time any non-federal funds have been paid for attempting to
influence the award to Subrecipient contemplated under this Contract,
Subrecipient shall complete, execute, and submit according to its
instructions, the Disclosure of Lobbying Activities Farm (Standard Form-
LLL), attached in Attachment C.
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ARTICLE 5—FEDERAL FUNDING/STATE FUNDING/
RECAPTURE OF FUNDS 1 OVERPAYMENT
5.01 FEDERAL FUNDING
(a) Funding for this Contract is appropriated under Section 384 of the Energy Policy
Act of 2005, Public Law 109-58, 109th Congress, 119 Stat. 739 (August 8, 2005)
(amending the Outer Continental Shelf Lands Act, Title 43, United States Code,
Section 1356a), and made available through a Financial Assistance Award
managed by the U.S. Fish and Wildlife Service, a bureau of the U.S. Department
of the Interior. The fulfillment of this Contract is based on those funds being
made available to the GLO as the lead administrative state agency. All
expenditures under this Contract must be made in accordance with this Contract,
the rules and regulations promulgated under the CIAP Program, and any other
applicable laws. Further, Subrecipient acknowledges that all funds are subject to
recapture and repayment for non-compliance.
(b) All participants in the CIAP grant program must have a data universal
numbering system (DUNS) number, as well as a Commercial And
Government Entity(CAGE) Code.
(c) The DUNS number and CAGE Code must be reported to the GLO for use in
various grant reporting documents, and may be obtained by visiting the
System for Award Management web site at:
5am.goy
Assistance with this web site may be obtained by calling 866-606-8220.
5.02 STATE FUNDING
(a) This Contract shall not be construed as creating any debt on behalf of the State of
Texas and/or the GLO in violation of Article III, Section 49, of the Texas
Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, 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.
(b) Furthermore, any claim by Subrecipient for damages under this Contract may not
exceed the amount of funds appropriated for payment, but not yet paid to
Subrecipient, under the annual budget in effect at the time of the breach. Nothing
in this provision shall be construed as a waiver of sovereign immunity.
5.03 RECAPTURE OF FUNDS
Subrecipient shall conduct, in a satisfactory manner as determined by the GLO, the
Project as set forth in the Contract. The discretionary right of the GLO to terminate for
convenience under SECTION 3.02 notwithstanding, it is expressly understood and agreed
by Subrecipient that the GLO shall have the right to terminate the Contract and to
recapture, and be reimbursed for any payments made by the GLO (i) that exceed the
maximum allowable rates; (ii) that are not allowed under applicable laws, rules, and
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regulations; or (iii) that are otherwise inconsistent with this Contract, including any
unapproved expenditures.
5.04 OVERPAYMENT
Subrecipient understands and agrees that it shall be liable to the GLO for any costs
disallowed pursuant to financial and/or compliance audit(s) of funds received under this
Contract. Subrecipient further understands and agrees that reimbursement of such
disallowed costs shall be paid by Subrecipient from funds which were not provided or
otherwise made available to Subrecipient under this Contract.
5.05 RETAINAGE—APPLICABLE TO ALL PROJECTS
To ensure full performance, Subrecipient must retain a minimum of ten percent (10%) of
the amount of any subcontract until the subcontractor has satisfactorily performed all
services and submitted approved deliverables as required under the subcontract.
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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 USFWS is granted a royalty free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, for U.S.
Government purposes, all reports, drafts of reports, or other material, data, drawings,
computer programs, and codes associated with this Contract, and/or any copyright or
other intellectual property rights, and any material or information developed and/or
required to be delivered under this Contract.
6.02 NONENDORSEMENT BY 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 Financial
Assistance Award may state or imply that the State of Texas or the U.S. Government
approves of Subrecipient's work products, or considers Subrecipient's work product to be
superior to other products or services.
6.03 APPROVAL OF PUBLICATION AND SPECIFIC DISCLAIMER REQUIRED
Prior to publication, Subrecipient must submit to the Grant Administrator, for USFWS
approval, any public information releases concerning this Financial Assistance Award that
refer to the Department of the Interior or any bureau or employee. The specific text, layout
photographs, and so forth, of the proposed release must be submitted with the request for
approval. The specific acknowledgements and funding statements that must be included in
certain publications funded by the Subrecipient are set forth in Article 10.
6.04 SURVIVAL
THE PROVISIONS OF THIS ARTICLE 6 SHALL SURVIVE THE TERMINATION OR
EXPIRATION OF THIS CONTRACT.
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ARTICLE 7-RECORDS,AUDIT, RETENTION,
AND PUBLIC INFORMATION
7.01 BOOKS AND RECORDS
Subrecipient shall keep and maintain under GAAP or GASB, as applicable, full, true, and
complete records 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 INSPECTION AND AUDIT
Subrecipient agrees that all relevant records related to this Contract or any work product
produced, including those of its subcontractors, shall be subject at any reasonable time to
inspection,examination, review, audit, and copying at any location where such records may
be found, with or without notice by the Texas State Auditor's Office, the GLO, its
contracted examiners, or the Texas Attorney General's Office. In addition, the USFWS, the
Comptroller General, the General Accounting Office, the Office of Inspector General, or
any of their authorized representatives of the U.S. Government shall also have this right of
inspection. ALL SUBCONTRACTS SHALL REFLECT THE REQUIREMENTS OF THIS SECTION.
7.03 PERIOD OF RETENTION
Subrecipient shall retain all records relevant to this Contract for a minimum of three (3)
years. The period of retention begins on the date that the GLO is required to submit final
performance and financial reports under the Financial Assistance Award Agreement. 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.
7.04 PUBLIC INFORMATION
Pursuant to the Public Information Act("PIA'), 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 exempted from the PIA.
Subrecipient may clearly label any individual records as a "trade secret;" however,
Subrecipient acknowledges it is solely responsible for defending any such claim in
accordance with the PIA. 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 PIA.
7.05 AUDIT COMPLIANCE
The GLO, as a pass-through entity, has the responsibility to ensure that Subrecipients
expending FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) or more in federal
awards during each of Subrecipient's fiscal years of funding have met audit requirements
in accordance with U.S. Office of Management and Budget Circular A-133. Subrecipient
shall complete and return the Audit Reporting Form to the Grant Administrator no later
than September 30''of each year during the full term of the Contract.
GLO Contract No. 13-283-000-7529
Page 15 of 27
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 equitable or 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 the GLO's failure 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 Events of Default.
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GLO Contract No. 13-283-M-7529
Page 16 of 27
ARTICLE 9-GLO ELECTRONICALLY STORED INFORMATION STANDARDS
9.01 GEOGRAPHIC INFORMATION SYSTEMS
Data, databases, and products associated with electronic Geographic Information Systems
("GIS") that have been collected, manipulated, or purchased with Subgrant funds will be
subject to all applicable terms of the Texas State Government GIS Rule of the Texas
Department of Information Resources (DIR) 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.dir.texas.jzov/sponsored/tgic/Xages/standards.asDx, or by
writing to Department of Information Resources, P.O. Box 13564, Austin, Texas, 78711,
e-mail rob.aanstoos@dir.state.tx.us.
9.02 TRANSFER OF DATA
Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased
with funds from the Contract must be documented as specified in the Federal Geographic
Data Committee document Content Standard for Digital Geospatial Metadata, version 2
(FGDC-STD-001-1998) or later. The federal metadata standard is available on the World
Wide Web at: www.fgdc.gov/metadata/csdgm. Metadata must be submitted in HTML,
XML, or ASCII text formats.
9.03 FORMAT
Although the GLO has adopted Environmental Systems Research Institute, Inc. software
products as in-house GIS software, the GLO does not endorse these, or any other,
products. However, any electronic spatial data collected, manipulated, or purchased with
Subgrant funds shall be transferred in a mutually-acceptable GIS format, along with any
corresponding metadata referred in the Contract. Nonspatial data deliverables (text,
database, spreadsheet, images) must be delivered in MS Office, dBase (Abf), ASCII, or
standard image (JPEG, TIFF, GIF, etc.) formats. Acceptable media for delivery include
CD-ROM, DVD, USB flash drive, floppy disk, Zip disk, and external hard drives.
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.
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GLO Contract No. 13-283-000-7529
Page 17 of 27
ARTICLE 10—ACKNOWLEDGEMENT OF SOURCE OF CIAP FUNDS;
SIGNAGE,PHOTO DOCUMENTATION,PUBLICATIONS,AND WEBSITES
10.01 ACKNOWLEDGEMENT OF SOURCE OF CIAP FUNDS
Subrecipient shall acknowledge the source of funding for the Project as set forth
in the Financial Assistance Award Agreement. When the use of the USFWS logo
is required, it may be found at the following location:
hqR://wsfWrograms.fws. ov/subpa eg_s/�tprograms/CIAP/CIAP.htm
Subrecipient is required to inform the public that the Project is being funded, in
whole or in part, by Grant funds under the Coastal Impact Assistance Program.
Acknowledgement of the source of funds may take many forms (e.g., signage or
written acknowledgement in a project publication or Web site).
Subrecipient agrees to fulfill applicable obligations of the Recipient set forth in
the Financial Assistance Award Agreement.
10.02 CIAP ACKNOWLEDGEMENT
If Subrecipient or its employee(s) use funds under the Contract to publish reports
and other materials completed in whole or in part as a result of the Contract, the
author shall ensure that the paper or Web site bears the following statement as
well as the USFWS logo on the front cover or title page of such document and
other materials:
"THIS **PUBLICATION/WEB SITE** IS FUNDED C'IN PART," IF
APPROPRIATE) WITH QUALIFIED OUTER CONTINENTAL SHELF OIL AND
GAS REVENUES BY THE COASTAL IMPACT ASSISTANCE PROGRAM, U.S.
FISH AND WILDLIFE SERVICE,U.S.DEPARTMENT OF THE INTERIOR."
The USFWS logo should be located on the lower right corner of the
acknowledgement.
10.03 CIAP FUNDING STATEMENT
If Subrecipient or its employee(s) uses funds from this Contract to publish a paper
based in whole or in part on the work funded by the Contract,the author shall ensure
that the paper bears the following statement, as well as the USFWS logo, on the
front cover or title page:
"THIS PAPER IS FUNDED ("IN PART," IF APPROPRIATE) BY A
FINANCIAL ASSISTANCE AWARD FROM THE U.S. DEPARTMENT OF
THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, COASTAL
IMPACT ASSISTANCE PROGRAM. THE VIEWS EXPRESSED HEREIN
ARE THOSE OF THE AUTHOR(S)AND DO NOT NECESSARILY REFLECT
THE VIEWS OF THE U.S.FISH AND WILDLIFE SERVICE."
If Subrecipient or its employee(s) uses Grant funds under the Contract to produce
signage as part of a presentation related to this Project, Subrecipient shall ensure
GLO Contract No.13-283-000-7529
Page 1S or27
that the signage bears the following statement, as well as the USFWS and GLQ
logos, on all signs:
"THIS PROJECT IS FUNDED ("IN PART," IF APPROPRIATE) BY A
FINANCIAL ASSISTANCE AWARD FROM THE U.S. DEPARTMENT OF
THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, COASTAL
IMPACT ASSISTANCE PROGRAM."
10.04 CIAP PUBLICATION
All information submitted for publication or other public releases of information
regarding this Project shall carry the following disclaimer:
"THE VIEWS AND CONCLUSIONS CONTAINED IN THIS DOCUMENT ARE THOSE
OF THE AUTHORS AND SHOULD NOT BE INTERPRETED AS REPRESENTING
THE OPINIONS OR POLICIES OF THE U.S. GOVERNMENT OR THE STATE OF
TEXAS. MENTION OF TRADE NAMES OR COMMERCIAL PRODUCTS DOES
NOT CONSTITUTE THEIR ENDORSEMENT BY THE U.S. GOVERNMENT OR
THE STATE OF TEXAS".
When issuing statements, press releases, requests for proposals, bid solicitations,
and other documents describing projects or programs funded in whole or in part
with Grant funds, 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 or program; and (iii) the 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 USFWS LOGO ON THE FRONT COVER OR TITLE PAGE.
10.05 SURVIVAL
THE PROVISIONS OF THIS ARTICLE 10 SHALL SURVIVE THE TERMINATION OR
EXPIRATION OF THE CONTRACT.
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GLO Contract No. I3-283-000-7529
Page 19 of 27
ARTICLE 11 -SPECIAL CONDITIONS APPLICABLE TO REAL ESTATE
IMPROVEMENTS AND LAND ACQUISITIONS
11.01 USE AND DISPOSITION OF PROPERTY
Any property improved or acquired under the Contract shall be governed by the
requirements of Title 43, Code of Federal Regulations,Part 12.
Any real property improved or acquired with funds from the Subgrant must be used and
disposed of in accordance with the provisions of the Financial Assistance Award
Agreement.
11.02 FEDERAL REQUIREMENTS FOR LAND ACQUISITION
For all land acquisitions, Subrecipients must comply with the Financial Assistance Award
Agreement.
11.03 IMPROVEMENTS
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 WAS IMPROVED(IN WHOLE OR IN PART) WITH FUNDS
PROVIDED BY THE U.S. DEPARTMENT OF THE INTERIOR, FISH AND
WILDLIFE SERVICE, PURSUANT TO FINANCIAL ASSISTANCE AWARD
NUMBER F12AF01418 (UNDER GLO CONTRACT NUMBER 13-283-000-
7529) FROM THE COASTAL IMPACT ASSISTANCE GRANT PROGRAM,AND
WILL BE MANAGED FOR THE PURPOSE OF THIS GRANT, IN ACCORDANCE
WITH APPLICABLE FEDERAL AND STATE LAW. PROPERTY MAY NOT BE
DISPOSED OF IN ANY MANNER, OR USED FOR PURPOSES INCONSISTENT
WITH THE PROGRAM FOR WHICH IT WAS ACQUIRED, WITHOUT THE
PRIOR APPROVAL OF THE DIRECTOR,U.S. FISH AND WILDLIFE SERVICE
—WASHINGTON,D.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 construction to be undertaken
with funding from the Contract shall be completed in compliance with final PIans
approved by the GLO.
UPON COMPLETION OF CONSTRUCTION, SUBRECIPIENT SHALL SUBMIT A FINAL "AS
BUILT" DESIGN IF REQUIRED BY THE LOCAL BUILDING CODE OR LOCAL BUILDING
OFFICIAL, AND SHALL INCLUDE PHOTOGRAPHS OF THE CONSTRUCTION IN THE FINAL
REPORT.
Subrecipient may not remove any improvements constructed with funds provided under
the Contract, unless the USFWS is compensated in accordance with Title 43, Code of
Federal Regulations, Part 12.
11.04 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.
GLO Contract No.13-283-000-7529
Page 20 of 27
The survey must meet the requirements of a Category IA, Land Title Survey, as
defined in the Manual of Practice for Land Surveying in Texas, published by the
Texas Society of Professional Surveyors. Any survey conducted by an RPLS under
this Section must be accompanied by copies of each recorded subdivision plat that
includes any portion of the area to be acquired, and appropriate deeds and other
documents referenced on the survey plat.
(b) Survey of Land Abutting Water. Any parcel of land to be acquired with funds
under the Contract other than land described in Section 11.04(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, as well as surveys of land as described in Section 11.04(b),
above, 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."
(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 WAS ACQUIRED (IN WHOLE OR IN PART) WITH
FUNDS PROVIDED BY THE U.S. DEPARTMENT OF THE INTERIOR,
FISH AND WILDLIFE SERVICE, PURSUANT TO FINANCIAL
ASSISTANCE AWARD NUMBER F12AF01418 (UNDER GLO
CONTRACT NUMBER 13-283-000-7529), FROM THE COASTAL
IMPACT ASSISTANCE GRANT PROGRAM,AND WILL BE MANAGED
FOR THE PURPOSE OF THIS GRANT, IN ACCORDANCE WITH
APPLICABLE FEDERAL AND STATE LAW. PROPERTY MAY NOT BE
DISPOSED OF IN ANY MANNER, OR USED FOR PURPOSES
INCONSISTENT WITH THE PROGRAM FOR WHICH IT WAS
ACQUIRED, WITHOUT THE PRIOR APPROVAL OF THE DIRECTOR,
U.S.FISH AND WILDLIFE SERVICE—WASHINGTON,D.C."
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
GLO Contract No. I3-283-000-7529
Page 21 of 27
protect the land and its natural resources and preserve the public use and benefit
of the land.
11.05 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:
http://www.justice.gov/enrd/land-ack/
11.06 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.
11.07 SURVIVAL
THE PROVISIONS OF THIS ARTICLE 11 SHALL SURVIVE THE TERMINATION OR
EXPIRATION OF THE CONTRACT.
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GLO Contract No. 13-283-100-7529
Page 22 of 27
ARTICLE 12-MISCELLANEOUS PROVISIONS
12.01 CONTRACT AMENDMENT
Unless otherwise provided herein, any amendment to this Contract must be made by
written agreement of the parties and approved by the USFWS, to the extent required by
the Financial Assistance Award Agreement.
12.02 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 work on the Project until it has obtained the
requisite licenses and/or permits, if applicable. COPIES OF SUCH LICENSES AND PERMITS
SHALL BE INCLUDED AS A PART OF THE QUARTERLY REPORT FOR THE PERIOD DURING
WHICH THEY ARE OBTAINED.
12.03 INDEMNITY
AS GOVERNMENTAL ENTITIES AND 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
THE TEXAS ATTORNEY GENERAL. ANY ATTORNEYS RETAINED BY THE GLO TO
REPRESENT THE INTEREST OF SUBRECIPIENT MUST BE APPROVED BY SUBRECIPIENT.
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Page 23 of 27
12.04 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) Subrecipient is responsible for upholding the integrity of the procurement process
and must comply with the organizational conflicts of interest and/or
noncompetitive procurement practices as required by Title 43, Code of Federal
Regulations, Part 12, and the Financial Assistance Award Agreement, in
connection with any subcontract under this Contract.
(c) 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 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. A COPY OF EACH SUBCONTRACT SHALL BE SUBMITTED TO THE GLO
QUARTERLY,AS SPECIFIED IN SECTION 4.03.
(d) The GLO and the USFWS shall have the right to initiate communications with
any subcontractor, and may request access to any books, documents, papers, and
records of a subcontractor which are directly pertinent to this Financial Assistance
Award. Such communications may be required to conduct audits and
examinations and gather additional information as provided in Article 7 and Title
43, Code of Federal Regulations, Part 12.
12.05 RELATIONSHIP OF THE PARTIES
Subrecipient is associated with the GLO only for the purposes and to the extent specified
in this Contract and, in respect to Subrecipient's performance pursuant to this Contract,
Subrecipient shall have the sole right to supervise, manage, operate, control, and direct
performance of the details incident to its duties under this Contract. Nothing contained in
this Contract shall be deemed or construed to create a partnership or joint venture, to
create relationships of an employer-employee or principal-agent, or to otherwise create
for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and
obligations of Subrecipient or any other party.
12.06 COMPLIANCE WITH OTHER LAWS
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 and listed in the Financial Assistance Award Agreement, as
applicable.
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.
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Page 24 of 27
Subrecipient shall complete the requirements of the Contract in compliance with Federal
Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity,"
as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations in 41 C.F.R.Part 60;
Subrecipient shall complete the requirements of the Contract in compliance with all
applicable standards, orders, or requirements issued under section 306 of the Clean Air Act
(42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), and
Environmental Protection Agency regulations(40 C.F.R. part 15);
Subrecipient shall complete the requirements of the Contract in compliance with standards
and policies relating to energy efficiency which are contained in the State Energy
Conservation Plan issued in compliance with the energy Policy and conservation Act (Pub.
L. 94-163, 89 Stat. 871).
In the performance of this Contract, Subrecipient shall comply with all other applicable
federal, state, and local laws, ordinances, and regulations that in any manner affect
performance under this Contract. Specifically, Subrecipient will comply with the
requirements identified in Attachments C and D.
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. Subrecipient will provide the
GLO's Purchasing Department pertinent details of any participation by a HUB in
fulfilling Subrecipient's performance under the Contract. The GLO also 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.us/procurement/proAub/mentorprotep,e
Subrecipient shall, not later than the dates listed on Attachment E of the Contract,
complete and return the HUB expense report included in Attachment E.
Subrecipient shall take notice of the Buy American Act Requirements set forth in Section F
of the Financial Assistance Award Agreement.
Subrecipient is encouraged to adopt and enforce on-the-job seat belt use policies and
programs as described in the Financial Assistance Award Agreement.
12.07 NOTICES
Any notices required under this Contract shall be deemed delivered when deposited either in
the United States mail, postage paid, certified, return receipt requested; or with a common
carrier,overnight,signature required,to the appropriate address below:
GLO
Texas General Land Office
1700 N. Congress Avenue, Mail Code 158
Austin,TX 78701
Attention: Legal Services Division
GLO Contract No. 13-283-000-7529
Page 25 of 27
WITH A COPY TO:
Texas General Land Office
1700 N. Congress Avenue,Room 330
Austin,TX 78701
Attention: CIAP Grant Administrator
Subreciyient
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
Attention: Michael Morris
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.
12.08 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.
12.09 SEVERABILITY
If any provision contained in this Contract is held to be unenforceable by a court of law
or equity, 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.
12.10 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
matter with respect to which either party may make a decision within its respective sole
discretion.
12.11 ENTIRE CONTRACT AND MODIFICATIONS
This Contract and its integrated attachments 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)
GLO Contract No.13-283-040-7529
Page 26 of 27
shall be harmonized with this Contract to the extent possible. Unless such integrated
attachment 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.
12.12 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 work
performed by Subrecipient after the Contract terminates is performed at the sole risk of
Subrecipient.
12.13 COUNTERPARTS
This Contract may be executed in any number of counterparts, each of which shall be an
original,and all such counterparts shall together constitute but one and the same Contract.
12.14 SUBGRANT OFFER SUBJECT TO CANCELLATION
IF SUBRECIPIENT DOES NOT RETURN THE ORIGINALLY-SIGNED CONTRACTS TO THE
GLO WITHIN THIRTY (30) DAYS OF ITS TRANSMITTAL TO SUBRECIPIENT BY THE GLO,
SUBGRANT FUNDING FOR THE PROJECT MAY BE SUBJECT TO CANCELLATION.
SIGNATURE PAGE FOLLOWS
GLO Contract No.13-2934)00-7529
Page 27 of 27
Attachment A
Conlrad No.13-283.000-7524
Page 1 or2
WORK PLAN AND BUDGET
Proiect Summm :
The City of Corpus Christi is seeking $1,500,000 in FY 2010 state C1AP funds to build
an approximately 3,500 sq ft learning center that will serve as a regional site for coastal
environmental education in Corpus Christi. This project is Phase 3 of a five phase
project. Only Phase 3 is seeking CIAP funding. The construction will follow final
y
engineering and design plans that will be awarded through the federal solicitation
process. A conservation easement has been put in place, consistent with the CMP
funding/contractual requirements that protects the acquired property and specifically
allows for the construction of the Learning Center. The center will include: exhibition
space; two multi-purpose rooms that can be used for additional exhibition space or
classrooms; a wetlab designed for use by area schools and community groups; and the
design and production of environmental education exhibits. Only a local building permit
will be required because the project is located on uplands, out of the floodplain, and will
not disturb wetlands. Additionally,the Learning Center will be located at the entry to the
Oso Bay Wetland Preserve, and linked to two miles of nature trails, interpretative sites,
wildlife viewing stations, and areas undergoing active restoration (with on-site
interpretation of the restoration activities). The exhibits will highlight the importance of
coastal natural resources (both coastwide and local) and educate youth and the public on
a variety of issues, including coastal erosion,nonpoint source pollution reduction,species
conservation, habitat and wetland restoration, and the importance of water conservation
as it relates to freshwater inflow into the state's estuaries. The project will be built and
maintained by the City of Corpus Christi. Further, to help ensure effective use of the
facility and its integration into existing programs, the City will appoint an educational
steering committee, which will include members from the, the Coastal Bend Bays and
Estuary Program, and area school districts and a representative from the Corpus Christi
Convention and Visitors Bureau (Nature Tourism Division) to guide the design of
educational exhibits and programming.
Statement of Work-
The GLO will sub-award this project to the City of Corpus Christi ("the City'). A
preliminary design (included with the application) has been developed by the city staff.
The City hired RVi Planning as the engineering/construction &m. in December 2010
through a competitive process that met requirements of 43 CFR 12.76, Procurement for
Contracting. The engineering/construction firm has completed most of the outdoor
project elements of the Oso Bay Wetland Preserve. The City's contract with the
engineering/construction firm is structured in such away that,immediately upon funding,
the City can issue a work order directing the contractor to begin work on the Learning
Center. The City will contract with an organization, in accordance with 43 CFR 12.76,
Procurement for Contracting, of appropriate expertise to design the indoor coastal
educational exhibits. The exhibits will highlight the importance of coastal natural
resources (both coastwide and local) and educate youth and the public on a variety of
Attachment A
Confrace No.13-283-OU-7529
Page 2 or 2
issues, including coastal erosion, non point source pollution reduction, species
conservation, habitat and wetland restoration, and the importance of water conservation
as it relates to freshwater inflow into the state's estuaries. No pre-award costs are
included.
Schedule:
Task 1: Appoint the Education Advisory Committee(March 1,2013)
Task 2: Construct the Learning Center(July 31,201 4)
Task 3: Design and Install Indoor Exhibits(July 31, 2014)
Task 4: Closeout(August 30,2014)
Deliverables:
Description Due
List of Education Advisory With April 2013 monthly report
Committee
Copy of signature page of 10 days after execution
construction contract
Final Design plans (building and 10 after receipt
exhibi0_
Photodocumentation before, during With appropriate monthly reports
and after construction (building and
exhibito
Signage Within 30 days of construction
Coro letion
Closeout!sport Within 10 days of closeout
BUDGET
S"Iries-
FrinLe Benefits
Travel
Supplies
Contractual $1,500,000
Other Direct Costs
Indirect Costs
_T)OTAL $1,500,000
Attachment R
Contract No.13-283-000-7529
Page I or 12
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Washington,n ton D,C. 20240
b
In Reply Refer To:
WSFR/CIAP/F12AF01418
OCT 1 8 2012
Larry L. Laine
Deputy land Commissioner
General Land Office
1 700 N.Congress Ave.
Austin,Texas 78701-1495
Dear Mr. Laine:
Grant number F12AF01418, "Oso Bay Coastal Environmental Learning Center,"is approved for
funding in the amount of$1,500,000.00 under the Coastal Impact Assistance Program(CDFA#
15.668). The grant agreement period is effective May 1,2012—September 30,2013.
An SP 424 amendment will be required to add or delete a project; increase or decrease the
Federal funds;modify the agreement period and/or change key personnel. A letter or email to
the Coastal Impact Assistance Program(C1AP)Branch Chief may be used for a change in key
personnel. Please submit all correspondence,amendments,and performance reports to
FW9—WSFR_C1AP®fws.gov
This grant award is subject to the fallowing terms and conditions:
a) Reporting requirements:
1) Financial and performance reports are required under this award,as follows:
Report Report Period Report Due Date
Annual interim financial 05/01/2012—06/30/2013 09/28/2013
and performance reports
Final financial& 05/01/2012—09/30/2013 12/29/2013
performance reports
2) Requests for an extension of the report due date up to an additional 90 days
must be submitted to,and received by,this office, no later than 1 day before
the report due date. If these reports are not received by the original or
extended due date,the C1AP may: 1)withhold cash payments;2)suspend or
terminate the award,partially or entirely;3)withhold further awards for the
grant program; and 4)pursue other legal remedies. The sanctions that the
C1AP imposes will remain in effect until the required reports are received [43
Attachment S
Coalract No.13-2834000-7529
Page 2 of 12
Mr. Laine 2
FI2AF01418
CFR 12.80(b)(1); 43 CFR 12.81(b)(3); U.S. Fish and Wildlife Service
(USFWS)Manual Chapters 516 FW I &516 FW 2].
3) A performance report must contain the following:
A. A comparison of actual accomplishments with the goals and objectives
established for the reporting period;
B. if the goals and objectives were not met,reasons why;and
C. other important information including, when appropriate,analysis and
explanation of cost overruns or high unit costs compared to the benefit
received to reach an objective
b) Grantees must comply with the Federal Funding Accountability and Transparency Act
(FFATA). Additional information may be found at https://www.fsrs.goy/,
c) The purchase of equipment has been approved in this grant,Individual,equipment
purchases must be identified in Annual Interim and Final Performance Reports.
Equipment shall be managed and disposed of as outlined in 93 CFR 12.72.
Acceptance of a Federal financial award carries with it the responsibility to be aware of and
comply with the terms and conditions of the award,including those assurances submitted
annually by your agency per hitp://www.doi.gov/archiveJpam/TermsandConditions.htmi.
Acceptance is defined as the start of work,drawing down funds,or accepting the award via
electronic means. Awards are based on the application and supporting documents as submitted
to and approved by the CLAP.
Please contact Stephen.tones,Grant Specialist, at 703-358-2097,or me at 703-358-1783,with
any questions or concerns about the terms of this award.
Sincerely, `._. mm............_..,..
Penn L.Bartnic
Chief, Coastal Impact Assistance Program Branch
Wildlife and Sport Fish Restoration Program
cc: Additional grant contact
Tom Calnan,CLAP
Melissa Porter,GLO
Attachment B
Contract No.13-2834)00.7529
Page 3 or l2
N: United States Department of the Interior
FISH AND WILDLIFE SERVICE
Washington,O.C. 20240
In Reply Refer To:
WSFR/C1AP/F12AF01418
092012
Mr. Larry Laine
Deputy Land Commissioner
General Land Office
1700 N. Congress Ave.
Austin,Texas 78701-1495
Dear Mr. Laine:
An extension of the performance period for grant number FI2AF01418, amendment 1,"Oso Bay
Coastal Environmental Learning Center,"is approved under the Coastal Impact Assistance
Program(CFDA#15.668). The effective date for this amendment is November 7, 2012. The
grant performance period is May 1,2012 through December 30,2014.
This grant award is subject to the following terms and conditions:
a. Reporting requirements:
1) Financial and performance reports are required under this award,as follows:
Report Report Period Report Due Date
Annual interim financial 05/01/2012—06/30/2013 09/28/2013
and performance re its
Annual interim financial 07/01/2013—06/30/2014 09/28/2014
and performance reports
Final financial & 05/01/2012—12131/2014 03/28/2015
performance reports
2) Requests for an extension of the report due date up to an additional 90 days
must be submitted to,and received by,this offtee,no later than 1 day before
the report due date.
3) A performance report must contain the following:
1
Attachment B
Contract No.13-283-000.7529
Page 4 of 12
Mr. Laine
F12AF01413
A. A comparison of actual accomplishments with the goals and objectives
established for the reporting period;
B. if the goals and objectives were not met,reasons why;and
C. Other important information including,when appropriate,analysis and
explanation of cost overruns or high unit costs compared to the benefit V
received to reach an objective.
b. Orantees must comply with the Federal Funding Accountability and Transparency Act
(FFATA). Additional information may be found at
http://www.doi.gov/panl/financialassistance/award/index.litml
c. All Grant conditions identified in previous award letter(s)remain in effect.
Acceptance of Federal financial award carries with it the responsibility to be aware of and
comply with the terms and conditions of the award,including those assurances submitted
annually by your agency(http://www.doi.gov/archive/panu7ermsandConditions.html).
Acceptance,is defined as the start of work, drawing down funds,or accepting the award via
electronic means. Awards are based on the application and supporting documents as submitted
to and approved by the CIAP awarding agency.
Please submit correspondence,amendment requests, financial and performance reports and
general inquiries to FW9—WSFR—CIAP@fws.gov. We appreciate this opportunity to work with
you as the implementation of your approved State CIAP Plan project continues.
Please contact Stephen Jones, Grant Specialist,at 703-358-2097,or me at 703-358-1783,with
any questions regarding the terms of this award,specified conditions,and/or reporting
requirements.
rely, ,
` Penny L.Bartnic
Chief,Coastal Impact Assistance Program Branch
Wildlife and Sport Fish Restoration Program
cc: Melissa Porter,GLO
Thomas Calnan, CIAP
2
Attachmew B
Contract No.13-283440,7529
Page 5 of 12
Oso Bax Coastal Environmental Learning Center
Project Narrative
1.Designated State Agency or Coastal Political Subdivision
General Land Office
Larry L. Laine, Deputy Land Commissioner and Chief Clerk
1700 N. Congress Ave, Austin, TX 78701
(512)936-1927
(512)475-1558(fax)
Larry.laine@glo.texas.gov
2.Project Title
Oso Bay Coastal Environmental Learning Center
3. Contact Information
Project Manager Contact
Contact Name: Martha Zottarelli
Entity: General Land Office
Address: 1700 N. Congress Avenue,Austin,TX 78701
Telephone Number: (512)475-6119
Fax Number: (512)463-5233
E-mail Address: Martha.zottarelli@glo.texas.gov
Application Contact
Contact Name: Melissa Porter
Entity: General Land Office
Address: 1700 N.Congress Avenue, Austin, TX 78701
Telephone Number: (512)475-1152
Fax Number: (512)463-5233
E-Mail Address: Melissa-norter@glo.texas.gov
Sub-grantee Contact
Contact Name: Mr. Michael Morris
Entity: City of Corpus Christi
Address: 1201 Leopard Street,Corpus Christi TX 78401
Telephone Number: (361) 826-3461
Fax Number: (361) 826-3864
E-Mail Address: MichaelMo @cctexas.com
4.Project Summary
Location: The project will be located in the new(recently acquired and yet to be developed)
162-acre Oso Wetland Preserve on the west shore of Oso Bay. The property's physical address
is 8001 Holly Road, Corpus Christi, TX 78414. Latitude: 27"40'16.16"N; Longitude
97019'52.18"W
Duration: 16 months
Attachment B
Contract No.13-283-ODD-7529
Page 6 of 12
Total CIAP Cost in Approved State Plan: $1,500,000
Total CLAP Cost in Approved Plan
by FY Allocation: $1,500,000 (FY2010 Allocation)
Current Total CIAP Cost: $1,500,000
Current Total CIAP Cost by FY Allocation: $1,500,000 (FY2010 Allocation)
Current CIAP Grant Funds Request: $1,500,000
Current CIAP Grant Funds Request by FY Allocation: $1,500,000 (FY2010 Allocation)
The City of Corpus Christi is seeking $1,500,000 in FY 2010 state CIAP funds to build an
approximately 3,500 sq ft learning center that will serve as a regional site for coastal
environmental education in Corpus Christi. This project is Phase 3 of five phase project. Only
Phase 3 is seeking CIAP funding. The construction will follow final engineering and design
plans that will be awarded through the federal solicitation process. A conservation easement has
been put in place, consistent with the CW funding/contractual requirements that protects the
acquired property and specifically allows for the construction of the Learning Center. The center
will include: exhibition space; two multi-purpose rooms that can be used for additional
exhibition space or classrooms; a wetlab designed for use by area schools and community
groups; and the design and production of environmental education exhibits. Only a local
building permit will be required because the project is located on uplands, out of the floodplain,
and will not disturb wetlands. Additionally, the Learning Center will be located at the entry to
the Oso Bay Wetland Preserve, and linked to two miles of nature trails, interpretative sites,
wildlife viewing stations, and areas undergoing active restoration (with on-site interpretation of
the restoration activities). The exhibits will highlight the importance of coastal natural resources
(both coastwide and local) and educate youth and the public on a variety of issues, including
coastal erosion, nonpoint source pollution reduction, species conservation, habitat and wetland
restoration, and the importance of water conservation as it relates to freshwater inflow into the
state's estuaries. The project will be built and maintained by the City of Corpus Christi. Further,
to help ensure effective use of the facility and its integration into existing programs, the City will
appoint an educational steering committee, which will include members from the Harte Research
Institute, the Coastal Bend Bays and Estuary Program, and area school districts to guide the
design of educational exhibits and programming.
The Learning Center will also serve as the entrance to the Oso Bay Wetland Preserve and
provide controlled access to the preserve's restoration sites, wildlife viewing areas and platforms,
educational signage, and nearly two miles of nature trails. The center will serve several
constituencies, including school districts, area institutions of higher education, and the general
public. It will accommodate approximately 120 students in guided groups and 500 members of
the general public per day, as well as larger numbers during special environmental education
events. In addition to environmental exhibits, the center will host both youth and adult
environmental education programming. The project will additionally promote the restoration
and protection of the Texas Coast by providing educational opportunities and programming that
promote long-term environmental stewardship.
No CLAP funds relative to this project will be used for federal cost sharing or matching purposes.
Attachment H
Contract No.13-293-000-7529
Page 7 or 12
Goal: To provide the indoor infrastructure necessary for extensive environmental education and
interpretation that will take place at the Oso Bay Wetland Preserve and Learning Center.
Measureable Objectives
1. Solicit and award final design plans
2. Obtain a local building permit
3. Construct the Learning Center
4. Design and install indoor educational exhibits
5. Appoint educational steering oversight committee
S.Authorized Uses
M. Projects and activities for the conservation, protection or restoration of coastal areas,
including wetland.
This project provides educational opportunities to school youth and the general public that
promote the conservation, protection, and restoration of coastal natural resources, including
freshwater and saltwater wetlands, tidal sand and mudflats, seagrass beds, and other coastal
natural resources. The Learning Center, the educational elements within it associated
environmental programming, and the Oso Bay Wetland Preserve will be designed to promote a
conservation ethic in visitors that encourages the long-term stewardship of the Texas Coast.
This project additionally meets the environmental education goals of the Coastal Bend Bays Plan
and the Texas CMP. The Coastal Bend Bays Plan is a federally approved comprehensive
conservation management plan defined by Section 320 of the federal Clean Water Act, 1987.
The primary educational goals of the Coastal Bend Bays Plan are to: raise public environmental
awareness; foster community stewardship of bay resources; and increase individual involvement
in bay resource management issues (page 137 of the "Implementation Strategy for the Coastal
Bend Bays Plan"). The project also supports the federally approved Texas CMP by addressing
two program goals: to protect, preserve, restore, and enhance the diversity, quality, quantity,
functions, and values of Coastal Natural Resource Areas (CNRAs); and to educate the public
about the principal coastal problems of state concern and technology available for the protection
and improved management ofCNRAs.
6.Project Description
Statement of Work:
The GLO will sub-award this project to the City of Corpus Christi ("the City"). A preliminary
design (included with the application) has been developed by the city staff. The City hired RVi
Planning as the engineering/construction firm in December 2010 through a competitive process
that met requirements of 43 CFR 12.76, Procurement for Contracting. The
engineering/construction firm has completed most of the outdoor project elements of the Oso
Bay Wetland Preserve. The City's contract with the engineering/construction firm is structured
in such a way that immediately upon funding, the City can issue a work order directing the
contractor to begin work on the Learning Center. The City will contract with an organization, in
accordance with 43 CFR 12.76, Procurement for Contracting, of appropriate expertise to design
the indoor coastal educational exhibits. The exhibits will highlight the importance of coastal
Attachment B
Contract No.13-283-000-7529
Page a or 12
natural resources (both coastwide and local) and educate youth and the public on a variety of
issues, including coastal erosion, nonpoint source pollution reduction, species conservation,
habitat and wetland restoration, and the importance of water conservation as it relates to
freshwater inflow into the state's estuaries.No pre-award costs are included.
Schedule—
Task 1: Execute sub-grantee agreement between GLO and City of Corpus Christi (3 months
after grant award)
Task 2: Appoint the Education Advisory Committee(1 month after completion of Task l)
Task 3: Construct the Learning Center(12 months after completion of Task 1)
Task 4: Design and Installation of Indoor Exhibits(15 months after completion of Task l)
Task 5: Closeout(l month after completion of Task 4)
Factors that could disrupt of expedite the project schedule: There are no factors that will
delay implementation. The City has acquired the property. A conservation easement has been
placed on the property(purchased in part with federal funds) that allows for the construction of a
regional coastal education facility. The location of the facility is outside the floodplain.
Project Management Plan
The GLO will sub-award this project to the City of Corpus Christi through a sub-grantee grant
agreement. Under this contractual agreement, the sub-grantee will be required to submit written
monthly progress projects, timely invoices of documented expenses, and on-time deliverables.
The CLAP administrative manager(CLAP AM) for this project is:
Contact Name: Martha Zottarelli
Entity: General Land Office
Address: 1700 N.Congress Ave., Austin,TX 78701
Telephone Number: (512)-463-6119
Fax Number: (512)-463-5233
E-mail Address: Martha.zottarelli @glo.texas.gov
Ms. Zottarelli will meet with the City and visit the project site at the beginning of the
construction, at least once during construction, and at the end of the construction. As the
administrative manager, Ms. Zottarelli will be in charge of the compliance with rules and
regulations of CLAP by monitoring the sub-grantee agreement, project reports, invoices, and
deliverables, and providing the resources needed for the success of the project.
The City project manager (PM), Michael Morris, will be responsible for implementing the
QA/QC policies and procedures established through the sub-grantee agreement within the CLAP
program. Mr. Morris' services will be paid by the City of Corpus Christi with non-CLAP funds.
The PM or his designated representative will make regular site visits to provide construction
inspection and to ensure the work is being performed in accordance with the plans and
specifications. The PM or his designated representative will provide written monthly updates to
the CLAP Administrative Manager in accordance with the sub-grantee agreement.
Attachment H
Contract No.13-293AW-7529
Page 9 of 12
Contact information for the PM is:
Contact Name: Michael Morris
Entity: City of Corpus Christi
Address: 1201 Leopard Street, Corpus Christi, TX 78401
Telephone Number: (361)826-3461
Fax Number: (361)826-3864
E-mail Address: Mich aelMo@cctexas.com
The City has extensive experience in designing, contracting, and managing construction projects.
Mr. Morris' oversight will include all aspects of the project such as preparation of the bids and
specs, bid advertising, contracting, construction, inspection, submittal approval, and budget and
invoice review and approval and related Cl AP grant administration.
Deliverables
-Description Due
Copy of construction contract Submit with Annual Report
-Final_Design plans(building and exhibits ------ - Submit with Annual Re ort
List of Education Advisory Committee Submit with Annual.Repo t
Signage I Within 30 days of construction completion-----------
Closeout report ---- Within 10 days of closeout
, Final Report 921ays after closeout
Compatibility/Synergy
The project will be the last major component of the larger Oso Bay Coastal Environmental
Learning Center and Wetland Preserve project. The 162-acre complex is designed around the
Learning Center, which will serve as both the entryway into the preserve and a primary location
for educational interpretation of the preserve.
Many of the components of the Oso Bay Wetland Preserve are either completed, or have been
funded and will soon be under construction. These include the acquisition of the property
(includes purchases by the City using CMP and local funds, and a significant donation from the
Coastal Bend Bays & Estuaries Program) and development of an interpretative trail system and
wildlife viewing stations(funded by the City and TPWD).
The City is currently proposing to the Texas C (Cycle 16)a restoration plan for the 162 acres.
The C proposal includes the development of a restoration and monitoring plan for the site,
actual on-the-ground restoration, and educational interpretation of the restoration activities.
Controversy/Support
Local support from area school districts, the Coastal Bend Bays & Estuaries Program, and
elected public officials, among others, is documented and available upon request.
Importantly, this project was included in the City's "Comprehensive Parks, Recreation and Open
Space Master Plan 2007-2008." Such plans are required by TPWD before the department will
Attachment S
Conlract No.I3-283-000-7529
Page to or 12
award grant funds for outdoor or indoor recreational or educational opportunities. TPWD
requires extensive public involvement in the development of the plans.
Maps/Drawings
NIA
7. Description of Environmental Impacts
The project will not have a significant negative impact on environmental resources. The
Learning Center is being constructed outside the floodplain on former rangeland of little
ecological value.
The Learning Center will be built on significantly degraded coastal prairie outside of the
floodplain. Erosion control and retention areas will be utilized to prevent soil run-off during any
construction activity. Loss of vegetation associated with construction of the nature center will
have an insignificant effect on the environment. Losses will be mitigated by the substantial
restoration activities, including the creation of wetlands and the replacement of nonnative grasses
with native grasses within the 162-acre nature park. The property will be maintained to the
standard of other nature centers across the state. The facility will mitigate use of fossil fuels by
using photovoltaic cells for power and passive industrial lighting (industrial skylights) for indoor
lighting. Any wildlife impacts from lights at nighttime will be mitigated by park closure at dusk,
with periodic exceptions when the Learning Center stays open into the early evenings to
accommodate groups. The project will be built to LEED standards. The LEED standards
encourage sustainable green building and development practices through the creation and
implementation of universally understood and accepted tools and performance criteria.
8.Relationship to Other Federal Programs
The Oso Bay Wetland Preserve property acquisition was partially funded by a $325,520 CMP
grant (Cycle 14). A Cycle 16 CMP grant for restoration activities on the Oso Bay Wetland
Preserve is currently pending review. No CIAP funds were/are being used to match these
proposals.
9.Federal,State,and Local Agencies
Area school districts, universities, and others have opted to support this phase of the project
through an in-kind donation of labor by service on a steering committee that will help guide the
educational components of the project.
Note that earlier phases of the larger Oso Bay Coastal Environmental Learning Center and
Wetland Preserve project have received significant support from the Coastal Bend Bays &
Estuaries Program (the donation of 77 acres of land) and TPWD ($800,000 for land acquisition,
interpretive trail development,and wildlife viewing stations).
10.Project Information Questions
Environmental Review
1) Does the project require any Federal environmental review (e.g., environmental
assessment, environmental impact statement, biological opinion)?
Attachment B
Contract No.13-2834000-7529
Page 11 of 12
Yes_X No
2) Does the project require any State environmental review(e.g.,Consistency
Determination, State Historic Preservation Office)?
Yes_X—No
3) Does the project require any local environmental review(e.g.,zoning)?
Yes_X—No
Permits
l) Does the project require any Federal permits?
Yes_X—No
2) Does the project require any State permits?
Yes_X—No
3) Does the project require any local permits?
_X—Yes No
Legal Proceedings
l) Are there any pending legal proceedings that have been taken against any of the permits
or related environmental analyses required for the project?
Yes ® o
11.Changes to Projects from the Approved State Plan
The below changes reflect differences between the Project Narrative and the previously approved
State Plan.
• The contact information for the sub-grantee was updated.
The proposed changes in this project comply with the original intent of the project as stated in
the approved Plan. The original project description remains recognizable, and is still covered by
the Governor's Certification of Public Participation,application submittal and Larry Laine's
signature validate this medication.
Attachment H
Contract No.13-2834MO-7524
Page 12 or 12
Oso Bay Coastal Environmental Learning Center
Budget Narrative
Martha Zottarelli with the Texas General Land Office, as the CLAP administrative manager, will
be responsible for establishing and enforcing the QAIQC policies and procedures of the CIAP
program, monitoring the progress of the project, approving payment of invoices, and submitting
performance reports as instructed in the grant award. Ms. Zottarelli's expenses will be paid from
the FY2009/10 Planning Assistance and CIAP Administration project.
Contractual Services:
The GLO will sub-award this project to the City of Corpus Christi ("the City'). A preliminary
design (included with the application) has been developed by the city staff. The City hired RVi
Planning as the engineering/construction firm in December 2010 through a competitive process
that met requirements of 43 CFR 12.76, Procurement for Contracting. The
engineering/construction firm has completed most of the outdoor project elements of the Oso
Bay Wetland Preserve. The City's contract with the engineering/construction firm is structured
in such a way that, immediately upon funding, the City can issue a work order directing the
contractor to begin work on the Learning Center. The City will contract with an organization, in
accordance with 43 CFR 12.76, Procurement for Contracting, of appropriate expertise to design
the indoor coastal educational exhibits. The exhibits will highlight the importance of coastal
natural resources (both coastwide and local) and educate youth and the public on a variety of
issues, including coastal erosion, nonpoint source pollution reduction, species conservation,
habitat and wetland restoration, and the importance of water conservation as it relates to
freshwater inflow into the state's estuaries.No pre-award costs are included.
Total Contractual Services: $1,500,000
Project Budget:
Salaries: $D
Fringe: $0
Travel: $0
Contractual: $1,500,000
IDC: RO
Total: $1,500,000
Attachment C
Federal Assurances and Certifications
Page I of 5 OMB Approval No.0348-0042
ASSURANCES-CONSTRUCTION PROGRAMS
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. Send comments regarding the burden estimate or any other aspect of this collection or 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
ITT THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. if you have questions, please contact the
Awarding Agency. Further. certain Federal assistance awarding agencies may require applicants to certify to additional
assurances.If such is the case,you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728A763)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 Administrallion(5 C.F,R,,900.Subpart F).
2. Will give the awarding agency. the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate, the State. Prevention Act (42 U.S.C, §§4801 at seq) which
through any authorized representative, access to and prohibits the use of lead-based paint in construction or
the right to examine all records, books, papers, or rehabilitation of residence structures,
documents related to the assistance: and will establish
a proper accounting system in accordance with 10. Will comply with all Federal statutes relating to non-
generally accepted accounting standards or agency discrimination. These include but are not ffmited to:(a)
directives. Title V1 of the Civil Rights Act of 1964 (P.L. 80-352)
which prohibits discrimination on the basis of race,
31 Will not dispose of, modify the use of, or change the color or national origin. (b) Title IX of the Education
terms of the real property title, or other interest in the Amendments of 1972, as amended(20 U.S.C.§51681-
site and facilities without permission and instructions 1683, and 1685-1686), which prohibits discrimination
from the awarding agency- Wil, record the Federal on the basis of sex; (c) Section 504 of the
interest in the title of real property in accordance with Rehabilitation Act of 1973, as amended (29 U.S.C.
awarding agency directives and will include a covenant §794), which prohibits discrimination on the basis of
in the fifle of real property aquired in whole or In part handicaps;(d)the Age Discrimination Act of 1975, as
with Federal assistance funds to assure non- amended (42 U.S.C. §§6101-6107), which prohibits
discrimination during the useful Ve of the project. discrimination on the basis of age;(e)the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
4. Will comply with the requirements of the assistance amended,relating to nondiscrimination on the basis of
awarding agency with regard to the drafting, review and drug abuse: (f)the Comprehensive Alcohol Abuse and
approval of construction plans and specifications, Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
5. Will provide and maintain competent and adequate nondiscrimination on the basis of alcohol abuse or
engineering supervision at the construction site to alcoholism, (g) §§523 and 527 of the Public Health
ensure that the complete work conforms with the Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee-
approved plans and specifications and w;ii furnish 3), as amended, relating to confidentiality of alcohol
progress reports and such other information as may be and drug abuse patient records, (h) Tolle Vill of the
required by the assistance awarding agency or State. Civil Rights Act of 1968(42 U.S.C.§§3601 ell seq.), as
amended, relating to nondiscrimination In the sale,
6 Will initiate and complete the work within the applicable rental or financing of housing. (j) any other
time frame after receipt of approval of the awarding nondiscrimination Provisions in the specific statute(s)
agency under which application for Federal assistance is being
made; and, (j) the requirements of any other
7. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the
using their positions for a purpose that constitutes or application.
presents the appearance of personal or organizational
conflict of interest,or personal gain.
Standard Form 424D fRev.7-97)
Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102
Attachment C
Federal Assurances and Certifications
Page 2 of 5
11. Will comply, or has already complied, with the National Environmental Policy Act of 1969 (P.L 91.
requirements of Titles 11 and III of the Uniform Relocation 190) and Executive Order (EO) 11514. (b) notifi cation
Assistance and Real Property Acquisition Policies Act of of violating facilities pursuant to EO 11738, (c)
1970 (P.L. 91-646) which provide for fair and equitable protection or wetlands pursuant to EO 11990, (d)
treatment of persons displaced or whose property is evaluation of flood hazards In floodplains In accordance
acquired as a result of Federal and federally-assisted with EO 11988; (e) assurance of project consistency
programs. These requirements apply to all interests In real with the approved State management program
property acquired for project purposes regardless of developed under the Coastal Zone Management Act of
Federal participation in purchases. 1972 (16 U. .C_ §§1451 at seq.), (0 conformity or
Federal actions to State (Clean Air) lmplemenlatlan
12. Will comply with the provisions of the Hatch Act (5 U.S.C. Plans under Section 176(c) of the Clean Air Act of
§§1501-1508 and 7324-7328) which limit the political 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
activities of employees whose principal employment protection of underground sources of drinking water
activities are funded In whole or in part with Federal funds. under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523). and, (h) protection of
11 Will comply, as applicable,with the provisions of the Davis- endangered species under the Endangered Species Act
Bacon Act(40 U.S.C.§§276a to 276a-7). the Copeland Act of 1973,as amended(P.L.93-205).
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327- 16. Will comply with the Wild and Scenic Rivers Act of
333) regarding labor standards for federally-assisted 1968 (16 U.S.C. §§1271 et seq.) related to protecting
construction subagreements, components or potential components of the national
wild and scenic rivers system,
14. Will comply with flood 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 National Historic Preservation
hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), EO 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.C.§§469a-1 at seq.).
I& Will comply with environmen , standards which environmental!
prescribed pursuant to the following: (a) Institution of 18. W01 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-Profil
Organizations.'
19. Will comply with all applicable requirements of all other
Federal laws,executive orders,regulations,and policies
governing this program.
THIS FORM MUST BE EXECUTED BY AN OFFICIAL AUTHORIZEDTO BIND CONTRACTOR
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMiTTE—D"
SF-42413(Rev.7.97)Back
nVUmL r✓ie✓ 1L; .d ,.
Attachment C
Federal Assurances and Certifications
Page 3 of
FORM ca•s
tAEV 12 )
U.S. MFOFC
CERTIFICATION-0
I LOWER
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.'
LOS13YING Statement for Loan Guarantees and Loan Insurance
As required by Section 1352, Title 31 of the U.S. Code, and The undersigned states,to the best of his or her knowledge
implemented at 15 CFR Part 2 ,for persom entering into a grant, and belief,that:
cooperative agreement or contract over$1D0.0M or a ban or loan
guarantee over$150,000 as defined at 15 CFR Part 28,Sections In any funds have been paid or will be paid to any person for
knowledge 28.1 D5 and 28.110,the applicant certifies that to the best of his or her influencing or attempting to influence an officer or employee
and belief,that of any agency,a Member of Congress,an officer ore ployee
(1) No Federal appropriated funds have been paid or will be paid, of Congress, or an employee of a Member of Congress in
connection with this commitment providing for the United
by or on behalf of the undersigned,to any person for Influencing or Slates to insure or guarantee a loan, the undersigned shall
attempting to influence an officer or employee of any agency a complete and submit Standard Form-LLL, "Disclosure Form
Member of Congress in connection with the awarding of any to Report Lobbying," in accordance with its instructions.
Federal contract, the making of any Federal grant, the making of
y Federal loan, the entering into of any cooperative agreement, Submission of this statement is a prerequisite for making or
and the extension, continuation, renewal, amendment, or entering into this transaction imposed by section 1352, title
modification of any Federal contract, grant, ban, or cooperative 31,U.S.Code.Any person who faits to file the required state-
nt merit shall be subject to a civil penalty of not less than$10,000
and not more than$100,000 for each such failure occurring
(2) If any funds other than Federal appropriated funds have been on or before October 23, 1996,and of not loss than$11,000
id or will be paid to any person for influendng or attempting to and not more than 5110,000 for each such failure occurring
influence an officer or employee of any agency, a Member of after October 23,1996.
Congraw,an officer or employee of Congnew,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 F ,'Disclosure Form to Report Lobbying,"
in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracK subgrants, and contracts under
grants,bans,and cooperative agreements)and that all subreciplents
shall codify and disclose accordingly.
f
This certification is a material representation of fact upon which
reliance placed when this transaction was made or entered into. t
Submission of this certification is a prerequisite for making or
entering into this transaction Imposed by section 1352.titre 31,U.S.
Code.Any person who falls to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more
than $100,000 for each such failure occurring on or before
October 23, 1996,and of not less than$11,000 and not more
than$110,000 for each such failure occurring after October 23, j
1996.
I
i
As the duly authorized represen Wive of the applicant,I hereby certify that the applicant will comply with the
above applicable certification.
NAME OF APPLICANT
AWARD NUMBER AND/OR PROJECT NAME
r
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
1,
1
SIGNATURE DATE
i
THIS FORM MUST BE EXECUTED
f
i'
Attachment C
Federal Assurances and Certifications
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 034M046
FSee reverse for public burden disclosure.
1.Type of Federal Action: 2.Status of Federal Action: 3.Report Type:
a.contract Ela. bid/offerlapplication 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
Prim® []Subawardee and Address of Prime:
Tier if known:
Congressional District, if known: 4r_ Con ressional District. if known:
6, Federal Department/Agancy: 7. Federal Program Name/Description:
CF DA Number, ifs li le:
8.Federal Action Number,if known: 9.Award Amount,if known:
10.a.Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
(if individual,last name, first name,Ml): different from No. 10a)
(last name, first name,Ml):
11.kdannaLion raqwsted Ws ram is by title 31 U.S.C."dim
1357. Ties dmcbews of bbbft scbMes is a truflanal regiresentafion of lad Signature:
UPM VACh relancer me gdowd by ft bw SbW&Wheri stirs Imawdion was rrudo
or entered into. This disciasure is FecOsed pmunrif to 31 U.S.C.IM2. 7his Print Name:
Infewrabon wW be wy"Wo For pWk ir"vaon, my person wW lab 10 Me ow
tegumed Owkwev"be subied to a cW partalty of not Wm am SIU.QW end Title:
not ffrore Ow SIU0,000 low each such laiture.
Telephone No.: Date:
THIS FORM SHOULD BE EXECUTED ONLY WHEN REPORTING
LOBBYING ACTIVITIES UNDERTAKEN WITH GRANT FUNDS
Attachment C
Federal Assurances Certifications
Page 5 of 5
INSTRUCTIONS L I - LL, DISCLOSURE OF LOBBYING TI II
This disclosure form shall be compleledby the reporting entity,whether subawardoeor prime Federal recipient,at the initiation or receipt of a covered Federal
aclion,ore materialchangelo a previous filing,pursuant to 1111931 U.S.C,section 1352.The lilt all a form is requiredfar each paymenjoragreemenito make
pay entlo any lobbying entity for Influencing or attempungtoinquencean officer cromplayeeotany agency.a Memberof Congress,an officer or einfiloyeeor
Congress,or an employeeor a Memberof Congress in conneclion with a covered Federalactlon.Complete all items that apply rot both the initial rill and material
change report.Rarer 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 wcured to Influence the ovicome of a covered Federal action.
2. Identify the status of the covered Federal action.
1 Identify the appropriate classificalkin of this report. If this is a followup report caused by a material change to the information previnuslyraporled,enter
the yearand quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name,address,city,Stale and zip code of the reporting entity.Include Congressional Dislricl.if known.Check the appropriateclassificalion
of the reporlingerifily that deslgnalesif 11 is,or expects to be,a prime or suba and recipient.Idenfily the tier of the subawardee,e,g.,the first subawardee
of the prime is the 1st tier, ubawards include but are not limited to subcontracts,subgrards and contract awards under grants.
.If the organization filing the report In Item 4 checks"Subaward ,'then enter the full name,address,clly,State and zip code or The prime Federal
recIpla il.Include Congressional District,if known.
6. Enter the name of The Federal agency making the award or loan commitment.Incl a at least one organizalionallevel be! agency name,if known.For
example,Department of Transportation,United States Coast Guard.
7.Enter the Faderalprogram name or description for the covered Federal act( (item 1).If known.enter the full Catalog of Federal Domestic Assistance
(C A)number for grants,cooperative agreements,loans,and loan commitments,
6, Enter the most approprlate Feder W identifying number available for the Federal action identiried In item 1 (e g.,Request for Proposal(RFP)number;
Invitation for Bid(IFB) number;grant announcement number.the contract.grant, or loan award number; the applicakn/proposal central number
assigned by the Federal agency).Include prefixes,e.g.,"RFP-D -90 1"
9.Fora covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal ammuni of the award/loan
conunitmeril for the prime entity Identified In item 4 or 5.
10. (a)Enter the full name,address,city.Stale and zlp code of the lobbying registrant under the Lobbying `sclosure Act of 1995 engaged by the reporting
entity Identified in item 4 Ia influence the covered Federal action.
{b)Enter the full names of the individual(s)perform/ rvf %and include full address If different from 10(a).Enter last Name,First Name,and
Middle Initial(MI).
11.The codifying official shall sign and date the form,print his/her name,lisle,and telephone number.
According to the Paperwork Reduction Act,as amended.no persons are requiredlu respond to a collection of information unless it displays a valid trot
Number. The valid OMB control number for this Information llecti 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 sour %gathering and maintaining the data
needed,and completing end reviewing the collection of Information. Send comments regarding the burden estimale or any other aspect of this collection of
InformaUan,including suggestions for reducing this burden,to the Office of Managamentand Budget,Paperwork Reduction Project(034M D46).6), ash( Ton,
DC 20503.
Attachment D
General Affirmations
Page 1 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 GL ) 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 htW://www.gpls.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. 1f this section applies, Provider will complete the following
information in order for the bid to be evaluated:
Name of Former Executive:
Name of State Agency:
Date of Separation from State Agency:
Position with Provider:
Date of Employment with Provider:
Attachment D
General Alrirmations
Page 2 of 2
7. Provider agrees to comply with Texas Government Code, Title 10, Subtitle D,
Section 2155.444I, relating to the purchase of products produced in the State of
Texas under service contracts.
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
tracey.halI @mlo.texas.grov
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
Sample Additional Required Forms
late
QUARTERLY PROGRESLREPORT
Date Reporting Period
Project Title
GLO Contract
Sub-grantee
Project Manger Telephone
Email Address
Task X: (Nance of task as identified in sub-grantee agreement)
I. Description of the status of the task(started, finished, percentage completed)
2. Description of task accomplishments during this reporting period
3. Identification of any problems or obstacles encountered (e.g., delays), remedial action taken,
and a revised schedule, if appropriate. If the task is ahead of schedule, explain why.
4. Description of task activities that should occur during the next reporting period
(Repeat for each task)
Deliverable(s)submitted with this progress report: ........
Attachment E
5ampte Additional Required Forms
2 of B
INVOICE FOR CLAP FEDERAL EXPENDITURES
Invoice Date: Federal ID No.:
Invoice No.: Expenditure Period:
GLO Contract No... FINAL Invoice: Yes / No
Project Title:
Subreeipient:
Phone:
Email Address:
Submitted by: Signature:
Printed Name: Date
ALL ENTITIES -Attach receipts/proof of payment for ail expenditures.
Amount
CIAP Amount Expenditures this Previously Amount
Budget Category Budgeted Invoice Invoiced Remaining
Personnel $0.00 $0.00 $0.00 $0.00
Fringe $0.00 $0.00 $0.00
Travel $0.00 $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
The State Fiscal Year is 09101 to 08131.
Please separate expenditures by FY and submit an invoice for each fiscalyear.
For GLO Use Only: GLO Contract# :
Expenditure Period : Date Final Documentaion Recevied ;
Requisition# : Invoice Amt : $
Requisition# : Invoice Amt : $
COBJ: Payment Subject to Prompt Pay Act : Yes / No
Approved by Contract Specialist : Date:
Approved by Project Manager: Date:
Invoice approved for reimbursement:
Grant Manager: Date:
Entered in DB by : Date:
Questions? Contact Rebecca Delgado 512.463.2572 or rebecca.delgado glo.texas,gov
Revised 09/2011
Attachment E
sampl®Additional Required Forms
3of8
BUDGET AMENDMENT REQUEST
GLO Contract#:
Project Title:
Subgrantee:
Address:
City, State Zip:
Contact Name:
Phone:
Email Address:
Budget Category Current CIAP Budget Requested Changes
Salaries/wages $0.00 $0.00
Fringe $0.00 $0.00
Travel $0.00 $0.00
Supplies $0.00 $0.00
Equipment $0.00 $0.00
Contractual $0.00 $0.00
Construction $0.00 $0 00
�
Land Acquisition $0.00 $0.00
Other °
b $Q.QO
Su total,. �
Indirect Costs $0,00 $0.00
Please Justify your request below(include additional sheets,as necessary).
For GLO Use Only:
Request approved by Contracts Specialist:
Date
Attachment E
Sample Additional Required Forms
4 of 8
MSTORICALLYUND BRUT nJZED BUS -SSES
EXPE NSE RE,PORT
Date submitted:
........................................................................... ........
Reporting Period 0e.mm/yr carn/yr):
Project:
................................................................................................................................................................................................................................................................................................................................
Subgrantee: . ............. ................... ............. .............. ......... ........... ...............
GLO Contract#:
Reporting Period: September 1 through February 28 Due March 7
or
March I through August 31 Due September 7
In accordance with state law, it is the General Land Office's (GLO)policy to assist Historically
Underutilized ]Businesses (HUBs), whether I
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 fulffiling 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 above reporting periods. Lelectlo�Wcill Iojlie
a-L-0-b March 7 and September 7 of mEh-year.
PROJECT AMOUNT PAED: VE NDOR NAME,- TYPE, OF HUB VC KDOR:
American Women(WO)
.......... . ..................... Hispanic Americans(RD
......................................................................................................................... ..................................I............... .............................................................................. Black Americans(BL)
Asian Pacific Americans(AS)
............. ..................................................I................................. .....................................................I................ ................ Native Americans(NA)
I.............................................- I.,.,.,.,.,.,.,................................................................................ Other
am not sure if the following vendor is a HUB:
Vendor's name
. ..................... ....... . .......... ...............- — "" ——"" -------- . ...........................
Amount paid:$
No project funds were paid to a HUB vendor during the stated time period.
Please email this page to the Grant Administrator at the following e-mail address:
CIAPreceii2ts@,&Lo.state.tx.tis. If you have questions,please contact t4s.Debby French(512)
463-S309.
Attachment E
Sample Additional Required Forms
6 Of 8
Audit Reporting Form
Subgranices receiving(granted laws rded)federal funds,through the General Land OfEce( ),are subject to the requirements of the
Single Audit Act of 1996,Office of Management and Budget(OMB)Circular No.A-133,OIW.1/w%vw
.Q�o ants).Subgrantees
expending(spending/mimburled)federal funds totaling$500,000 or mom in a fiscal year am required to conduct an audit in accordance
with the Single Audit Act.
Please complete this questionnaire and send by facsimile to 512475-6680 attn:Coastal Impact Assistance Program or mail to-.
General Und Office
Atin:Co al Impact Assistance Program
Coastal Resources Division
P.O.Box 12873
Austin, as 78711-2873
Name of Entity(Subgranice) Project Title and GLO Contract Number
(additional grants nmy be listed an a separate page)
What is your entity's fiscal year? through
gSecdon 2: Sin Month I Year Month I Year
Alo Audit Refluirement
For your most recently completed fiscal year(Fiscal Year 20 0,account for all federal funds(awards/grants)expended
(spent/reimbursed)regardless of the source.(Provide your most recently completed fiscal year above)
What was the ke-101 amount of federal funds(awards/grants)expended(spent/reimbursed)? $
IfLess than$500,000 in total federal funds(awards/grants)were expended: Your entity is exe,11PI from further audit
requirements for the reporting period.Compl—cle Sections 4 and 5(Federal Awards Information and Signature Sections).
0 If$500,001)or more in to federal funds(awards/grants)were expended:ComRI
io-Wal _ge all remaining sections,
Section 3:Audit Information
• to of last completed audit: Period Covered by Audit: through
Date --Vo--I h/—Yc,.
• Audit Findings:El No Findings(it is not necessary to submit a copy of your audit report package) Month/Year
El Findings(provide a copy of your audit reporting package if findings were Lql—alcd to funds issued through the O.
If findings were milrelated to GLO issued funds submit[he schedule of findings and questioned costs.)
•Next scheduled audit: Period covered by next scheduled audit: through
MontlbTear
Sectlom4. Federal Awards Information Month/Year Month/Yew
Fort fiscal year provided,account fora federal funds(awardstgrants)received(grantedlawarded)regardless of the source.
r,or Fiscal Year 20—: (fiscal year must match fiscal year provided in section 2)
What was the total amount of federal funds(awards/grants)receive d(grantedf aware d)? $
(For the fiscal year listed,use the following table to list the federal funds(awards/grants)your entity received)•
Name of federal award(s)jr—anted Period of Aw Amount CPDA Number
--------------
Signature of Preparer Date
Printed Name of Prear and Rmaqmicm Lll
Title Email:
Attachment E
Sample Additional Required Forms
6 of a
lustruCHOR Sheet forte Audit Reporting Form
The purpose of the Audit Reporting(AR)Form is to assist the General Load Office(GLO)in complying with federal
guidelines for pass through entities issuing federal funds.The AR Form also assists entities receiving federal funds,in
meeting their audit reporting requirement.Federal guidelines for pass through agencies issuing federal awards and the
subgrantee 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 websitc, has information regarding requirements of the Single Audit
Act.
Review the following instructions for assistance in completing the Audit Reporting Form.
Section 1:Entity Information.
• e of Entit The'Wame of Entity"should match the name an the grant contract.
y
f onir-001-N-4—mb-e-r- Provide the"Project Title and GL O Conti-act 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.
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 I cc ty
complete fiscal year).For the -c H I
fiscal year listed,provide the total amount of federal funds(awardsigrants)expended
(spent/reimbursed),Account for all federal funds expended,regardless of the source.
Choose One of the following options;
L Mark the first box,if your entity has expended J=than$500,000 in total federal funds.Your entity is gXq=from
her 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 U ipxq
from further audit requirements and must complete all remaining sections of the form. _MLg
Section 3:Audit Information.
• RaLq- f La t d t 11 Indicate the date Ofyour entity's last completed audit.
■ EgdadjaQyered by Audi -Provide the period covered by your entity's last completed audit.This period should
correspond to the audit indicated on the previous line.
■ Audit F1
ndin
M Choose one of the following options:
1. Mark the box before'Wo findings"if your entity's last completed audit disclosed no findings.If there 3ytLeM
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 LtI-Fald
to GLO issued funds,submit a copy of the audit reporting package.If the findings were unrelated to GLO issued
funds,submit a copy of the schedule of findings and questioned costs.
■ NKM Audit Scheduled for-Provide the month and year of your entity's next scheduled audit.
• Pei lad Covered by Next Audit Indicate the period to be covered by your entity's next scheduled audit.
Section J: 174 ederal Awards Information.
• Following the text"For Fiscal Year 20,11n 1,11",insert your entity's fiscal year end for the current reporting period(should
match the fiscal year provided in Sectio 2).For the fiscal year listed,provide the total amount of federal funds
(awards/grants)your entity has received(granted/awarded).Account for all federal funds received,regardless of the
source.It k2Q0&-1c for the amount of federal funds received/awarded to disagree with the amount expended/spent.
• Eqd.re L0MML%Tab&
I -For the fiscal year listed,use the table to provide:1)the grants/awards that comprise the total amount
off eral 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 information.
Section 5:Signature Section.
■ 5igH4 ire 2EEM9Rm-The person who prepared the AR form must sign and date the form.
• Rfk led NffM-eP-f Pre aver-Print the name and title of the person who prepared the AR Form.
• ftpp��� alien-Provide an email address and phone number for the prcparer.
For additional Ossislaoce contact Melissa Porter,CLAP Team Leader,of 512-475-1319 or by email at
Attachment E
Sample Additional Required Forms
CMP Project Closeout 7of8
Final Project Report
(Project Name)
(GLO Contract Number)
■ Provide a brief description of the project goal(s) (include location of the property if land
acquisition).
• Identify whether the original goal(s)of the project was met or,if not,why the goal(s)was
modified.
• Summarize all significant project milestones,including dates for each action.
• List work products completed and deliverable submittal dates(if applicable).
• Identify any problems or obstacles encountered and remedial action taken(if any).
• Include digital photos and any material that promotes your project success(news articles,
flyers,etc.).
• Identify any equipment that was purchased using CIAP funds. Provide model and serial
numbers.
Attach all outstanding deliverables.
Page 1 of 2
Attachment E
Sample Addkional Required Forms
CIAP Project Closeout a of a
Total Project Cost(ALL FUNDING SOURCES):S
mlalp��` K ,ry ty,y�
Federal Budget
Original Total Expenses FINAL
CLAP Budget CIAP Budget
Salaries(Personnel) $
Fringe Benefits _......................._........
Travel .-. . . _ $
Equipment .. .......................
Supplies ........ ,,,,....
.... $
Contractual Services �" $
Construction "°
Land Acquisition $ �
Other _.�aw_�._�aw. $_..... $..................
Subtotal ....,, ,,,,,,.
Indirect Costs .... ..... $
$ .w.........................�.. $............._......................................
............,. $
Total $
i
Funds being re ed
Funds are not being retu e .
The undersigned certifies that this is the true and correct Final Budget for CIAP
Contract Number
Signature
Date
Printed Name
Page 2 of 2
SIGNATURE PAGE FOR GLO CONTRACT NO. 13-283-000-7529
GENERAL ND OFFICE CITY OF CORPUS CHRISTI
,�.
Larry L. Laine, Clef Clerk/ By
Deputy Land Commissioner Title:
�► 6P-
Date of execution: la 3 Date of eVu ion (p
I,7 GAL, /
AGC
ATTACHMENTS TO THIS CONTRACT:
ATTACIIMENT A: Work Plan and Project Budget
ATTACHMENT B: USFWS Financial Assistance Award Agreement to the GLO for
Award No. F12AFO1418; Project Narrative; Budget Narrative
ATTACHMENT C: Federal Assurances, as applicable -Construction (SF-424D) or
Non-Construction (SF-424B); and Certification Regarding
Lobbying Lower Tier Covered Transactions (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 CIAP Federal Expenditures Form; Budget Amendment
Request Form; HUB Expense Reporting Form; Audit Reporting
Form; Final Project Report Form
ATTACHMENT F: Final, Actual Budget to be Submitted by Subrecipient
ATTACHMENTS FOLLOW
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