HomeMy WebLinkAboutC2016-022 - 2/16/2016 - Approved City of Corpus Christi, Nueces County LEPC Agreement
TXDPS Contract No. 405-EMD-16-0005
AGREEMENT
FOR HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS PLANNING GRANT
TXDPS OF TEXAS §
City of Corpus Christi, Nueces County LEPC §
PARTIES
Pursuant to the authority of Texas Government Code §§ 418.043 and 418.044 and/or § 791.011, this
Agreement for a Hazardous Materials Emergency Preparedness (HMEP) Planning Grant is made by and
between the Texas Department of Public Safety (TXDPS), Texas Division of Emergency Management
(TDEM), hereinafter called "TXDPS" and City of Corpus Christi, Nueces County Local Emergency
Planning Committee (LEPC) Local Emergency Planning Committee (LEPC) hereinafter referred to as
"LEPC" and the Texas Transportation Institute (TTI).
WITNESS
Whereas, TXDPS has no programmed resources to implement United States Department of
Transportation (USDOT) 49 CFR 110; and
WHEREAS, TXDPS shall receive funds from the USDOT to accomplish the tasks detailed in this
Agreement.
AGREEMENT
NOW, THEREFORE, TXDPS and the Grantee, in consideration of the mutual covenants and agreements
contained herein, do mutually agree as follows:
The City of Corpus Christi, Nueces County LEPC shall assist with and provide the local match for
hazardous materials emergency preparedness planning activities in connection with the project as stated
in the Articles to follow and outlined hereafter. All services performed under this Agreement shall be
performed under the supervision of the Assistant Director for TXDPS, TDEM, represented by the
Hazardous Materials Preparedness Officer as the TXDPS Project Officer.
1. AGREEMENT PERIOD
This Agreement shall become effective upon the date of final execution by TXDPS and shall be
terminate on September 30, 2016, unless terminated in a manner defined herein.
By mutual written agreement between TXDPS and the Grantee, this Agreement may be renewed
for up to three (3) years in one (1) year terms.
2. SERVICES TO BE PROVIDED BY THE GRANTEE
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City of Corpus Christi, Nueces County LEPC Agreement
TXDPS Contract No. 405-EMD-16-0005
The Grantee shall assist with the collection of data and provide the local match for a Commodity
Flow Study to be performed by the Texas Transportation Institute (TTI) to collect, evaluate, and
document hazardous materials movements for major roadway, railway, waterway, and pipeline
transport corridors in the City of Corpus Christi, Nueces County LEPC jurisdiction.
The Grantee shall also provide progress reports and financial reports as outlined in Section 6,
Inspection of Work and Progress Reports. TTI shall assist the Grantee with the preparation of
these reports.
3. SERVICES TO BE PROVIDED BY TXDPS
TXDPS shall:
Contract with TTI to perform the Commodity Flow Study referenced herein. TXDPS shall provide
planning assistance to the Grantee to ensure that the Grantee shall complete the deliverables
listed above in a timely manner.
4. COMPENSATION
A. The estimated total approved cost of the project which is the subject of this agreement is:
Seventy Thousand Dollars and Zero Cents ($70,000.00)
B. The Grantee shall provide a match that equals or exceeds:
Fourteen Thousand Dollars and Zero Cents ($14,000.00)
C. There are no funds payable to City of Corpus Christi, Nueces County by TXDPS under this
Agreement.
D. The Grantee shall:
Provide proof of the LEPC match for each quarter.
(1) The match will be used directly in connection with the approved activities.
(2) The match will be from non-Federal funds or in-kind as outlined in (d) below.
(3) If the match is from soft funds, such as those included in (4) below, once funds are
expended, either the LEPC Chair or Vice Chair shall sign certifying the soft funds match.
(4) The soft funds match may include any of the following expenses that are reasonable,
allowable, and allocable to the project:
a. Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person
other than a government employee while attending training classes or involved in
program activities related to this project.
b. Private contributions, such as corporate contributions of facilities or services such as
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free classroom space, utilized for this project.
c. Voluntary contributions related to this project, such as firefighter support, emergency
personnel support, and the staff time of any LEPC member.
d. Equipment or facilities used for program related exercises, whether public or private.
e. Facility space necessary to conduct activities for the project.
f. University students volunteering time to aid in collection of data related to the project.
(5) Non-Federal match funds will not be utilized for the match on other programs or grants.
E. The Grantee shall furnish all equipment, materials, and supplies required to perform the
project.
5. INITIATION OF PROJECT WORK
The Grantee will not begin the work outlined herein until final execution of this Agreement by
TXDPS.
6. INSPECTION OF WORK AND PROGRESS REPORTING
A. The Grantee shall confer with TXDPS on the progress of its work as outlined below. The
TXDPS Project Officer has the right to inspect work being performed pursuant to this
Agreement in a manner that will not unduly delay the work. The Grantee shall prepare and
present such information and data as may be pertinent and necessary or as may be requested
by TXDPS in order to evaluate the progress of the work being performed by the Grantee.
B. The Grantee's Project Officer shall render required reports to the TXDPS Project Officer,
including:
(1) Progress reports according to the schedule in Subsection 6.0 below, and in the format
outlined in Attachment 3, Quarterly Performance Report.
(2) Financial reports according to the schedule in Subsection 6.0 below and in the format
outlined in Attachment 4, Cost Match Verification Form, with all required supporting
documentation.
(3) A final project report, which will summarize the work performed.
(4) A final financial report and all remaining invoices for reimbursement, supported by
appropriate documentation of expenses, including any remaining LEPC match.
(5) A copy of all deliverables derived from this Agreement.
C. Progress/Financial/Final Report Schedule:
(1) First Report (October— December) due to TXDPS by January 8, 2016
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(2)Second Report (January— March) due to TXDPS by April 8, 2016
(3)Third Report (April—June) due to TXDPS by July 8, 2016
(4) Final Report due to TXDPS by October 8, 2016 (See Section 6 B(3) and B(4) above.)
Progress reports and the final project report will be submitted by mail, facsimile, or e-mail.
Financial reports, with original signature, along with all supporting documentation, will be sent
by mail or courier to the designated Project Officer for TXDPS.
7. TERMINATION
A. This Agreement may be terminated under any of the following conditions:
(1) By mutual agreement and written consent of both parties.
(2) By TXDPS upon written notice to the Grantee as a consequence of the Grantee's failure to
perform the services herein in a satisfactory manner and within the limits provided, with
proper allowances being made for circumstances beyond the control of the Grantee, as
determined in good faith and reasonable business judgment by TXDPS.
(3) For convenience of TXDPS upon not less than ten (10) days' written notice to the Grantee.
(4) By satisfactory completion of all services and obligations described herein.
B. Should TXDPS terminate this Agreement as herein provided, no expenses, except those due
and payable at the time of termination, will thereafter be paid to the Grantee. Payment for the
work at the time of termination will be based upon work completed at that time.
C. The termination of this Agreement and payment of any amount in the settlement as prescribed
herein will extinguish all rights, duties, obligations, and liabilities of TXDPS and the Grantee
under this Agreement.
8. DISPUTES
The Grantee shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurement made by the Grantee in support of this grant award. Any disputes
concerning the work or obligations defined herein or additional costs, or any non-procurement
issues will be settled at the sole discretion of TXDPS.
9. INDEMNIFICATION
TO THE EXTENT AUTHORIZED BY THE CONSTITUTION AND LAWS OF THE STATE OF
TEXAS, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS TXDPS, ITS
OFFICERS AND EMPLOYEES FROM ALL THIRD PARTY CLAIMS FOR INJURY TO, OR
DEATH OF, PERSONS, AND DAMAGE TO, OR LOSS OF, PHYSICAL PROPERTY DIRECTLY
DUE TO ACTIVITIES OF ITSELF, ITS AGENTS, CONTRACTORS, OFFICERS, OR
EMPLOYEES, PERFORMED UNDER THIS AGREEMENT AND WHICH RESULT FROM THE
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NEGLIGENCE OR WILLFUL MISCONDUCT OF THE GRANTEE OR OF ANY PERSON
EMPLOYED BY THE GRANTEE. THE GRANTEE SHALL ALSO DEFEND, INDEMNIFY AND
HOLD HARMLESS TXDPS, ITS OFFICERS AND EMPLOYEES FROM ANY AND ALL
EXPENSES, INCLUDING ATTORNEY FEES, WHICH MIGHT BE INCURRED BY TXDPS, ITS
OFFICERS AND EMPLOYEES AS A RESULT OF SUCH ACTIVITIES BY THE GRANTEE, ITS
AGENTS, CONTRACTORS, OFFICERS, AND EMPLOYEES.
10. COMPLIANCE WITH LAWS
The Grantee shall comply with all Federal, State, and local laws, statutes, ordinances, rules,
regulations, and the orders and decrees of any court, administrative bodies, or tribunals in any
manner affecting the performance of this Agreement.
11. ASSURANCES
The Grantee assures that no person shall, on the grounds of race, creed, color, handicap, national
origin, gender, political affiliation, or belief be excluded from, be denied benefit of, or be subjected
to discrimination under any program or activity funded in whole or in part under this Agreement.
Incorporated by reference the same as if specifically written herein are rules, regulations, and all
other requirements imposed by law, including but not limited to compliance with those pertinent
rules and regulations of the State of Texas and those of United States agencies providing funds to
the State of Texas.
To the extent it applies, the Grantee shall comply with Texas Government Code, Chapter 783, 1
TAC 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative
Requirements for Grants and Cooperative Agreements, Section III, Subpart B, § 14 (attached as
"Attachment 2").
12. AUDIT REQUIREMENTS
The Grantee shall comply with the requirements specified in the Single Audit Act, 31 U.S.C. §§
7500 et seq. (Supp.1999) (Public Law 104-156), as applicable.
13. WRITTEN MODIFICATION
No modification or amendment to this Agreement will become valid unless in writing and signed by
both parties.
14. FALSE OR FRADULENT STATEMENT OF CLAIMS
The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program. The
Grantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement,
submission, or certification to U.S. Department of Transportation (USDOT) in connection with
this program, USDOT has the right to pursue and impose on the Grantee civil and criminal
penalties.
15. PROVISIONS AND AMENDMENTS
The Grantee and its contractors, subcontractors, employees, and representatives shall comply
with all applicable provisions of 49 CFR 18, 49 CFR 110, and any amendment(s) to this
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Agreement.
16. OTHER
The Grantee certifies it is in compliance with Sections 301 and 303 of Emergency Preparedness
and Community Right-to-Know Act (EPCRA). The Grantee shall:
A. Have a current chemical emergency response plan that:
(1) Is reviewed and updated (if needed) at least annually; and
(2) Includes the following:
a. Affected facilities and transportation routes;
b. Emergency notification and response procedures;
c. Community and facility emergency coordinators;
d. Methods to determine the occurrence and extent of a release;
e. Available response equipment and personnel;
f. Evacuation plans;
g. Training and practice programs and schedules; and
h. Methods and schedules for exercising the plan.
B. Have an active LEPC whose membership includes (at a minimum):
(1) Elected State and local officials;
(2) Police, fire, civil defense, and public health professionals;
(3) Environment, transportation, and hospital officials;
(4) Facility representatives; and
(5) Representatives from community groups and the media.
17. PROJECT OFFICERS
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The Project Officers for this Agreement are:
A. For TXDPS:
Name: Ben Patterson
Preparedness Section Administrator
Texas Division of Emergency Management
Texas Department of Public Safety
Address: PO Box 4087
Austin, Texas
78773-0220
Telephone: (512) 424-2445
Fax: (512) 424-5354
E-mail: Ben.Patterson@dps.texas.gov
B. For the Grantee:
Name: Joanne Salge
LEPC Administrator
Address: 2406 Leopard Street, Suite 300
Corpus Christi, Texas 78408
Telephone: 361-826-3960
Fax: 361-826-4417
E-mail: JoanneS@cctexas.com
18. SIGNATORY AUTHORITY
The undersigned signatory for the Grantee hereby represents and warrants that he/she is an
officer of the organization for which he/she has executed this Agreement, and that he/she
has executed this Agreement, and that he/she has full and complete authority to enter into
this Agreement on behalf of the Grantee.
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IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed
in duplicate effective the date of the last signature to this Agreement.
FOR THE TXDPS FOR THE GRANTEE
Texas Department of Public Safety
Texas Division of Emergency Management Cit of Cor+use ue, +t nt LEPC
Name of Agency • .me of Air ion iff
BY: 717--- -7-62.12-v- BY: 1'.% LI �.1
Authorized Signature Aut 'ig mature
Robert J. Bodisch Sr. Rohn IA. L. C'iSon
Printed Name Printed Name
Deputy Director
Homeland Security and Services (t,► c I Met� (. aR
Title Title.)
/Z2/• /,s
DateG Date
`• 4i
kr
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APPENDIX A
COMBINED ASSURANCES
The Grantee shall refer to the regulations cited below to determine the certification to which it is
required to attest. Signatures on this form provide for compliance with Federal certification
requirements, including those under 34 CFR Part 84, "New Restrictions for Drug-Free Workplace
(Grants)." The certifications will be treated as material representations of fact upon which reliance
will be placed when the Agency determines to award the covered transaction, grant, or cooperative
agreement.
1. RESTRICTIONS ON LOBBYING
The Grantee will not conduct political lobbying, as defined in the statues, regulations and 2
CFR 225 — "Lobbying", within the Federally-supported project. The Grantee will not use
Federal funds for lobbying specifically to obtain grants and cooperative agreements. The
Grantee shall comply with 49 CFR 20, U.S. Department of Transportation "New Restrictions
on Lobbying".
49 CFR 20 is incorporated by reference into this Agreement.
49 CFR 20 is available at: www.dot.gov/ost/m60/grant/regs.htm.
2. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (Non-procurement)
The Grantee shall comply with the provisions of Executive Order 12549, "Debarment and
Suspension," which generally prohibits entities that have been debarred, suspended, or
voluntarily excluded from participating in Federal non-procurement transactions either through
primary or lower-tier covered transactions. The Grantee shall comply with 2 CFR Part 1200,
Department of Transportation Non-procurement Suspension Debarment.
The Grantee is encouraged to subscribe to and utilize the Monthly Lists of Parties Excluded
from Federal Procurement or Non-procurement Programs published by GSA and found at:
www.epls.qov.
2 CFR 1200 is incorporated by reference into this Agreement.
2 CFR 1200 is available at www.gpoaccess by clicking on 2 CFR Part 1200.
3. DRUG-FREE WORKPLACE
The Grantee shall comply with the provisions of Public Law 100-690, Title V, Subtitle D,
"Drug-Free Workplace Act of 1988," which requires the Grantee to take steps to provide a
drug-free workplace. The Grantee shall comply with 49 CFR 32, "Government-wide
Requirements for Drug Free Workplace (Financial Assistance)."
49 CFR 32 is incorporated by reference into this Agreement.
49 CFR 32 is available at: www.dot.qov/ost/m60/grant/ord4600.htm.
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The Grantee may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant:
PLACE OF PERFORMANCE
(Street Address, City, County, State, Zip Code)
ago L4ecy0 -vci SE. C.oy'fv5 eh r.‘5 e'y,S 234/dy
(Street Address) (City, County, State, Zip Code)
As the duly authorized representative of the Grantee, I hereby certify that the Grantee will comply
with the above certifications.
City of Corpus Christi, Nueces County LEPC P ona d L. Olson, CI k yYlQ,na c er
(Name of Grantee) (Printed Name and Title of Authorited Official
I ,
A
/
(Signature if Autho ized •'ficial) (Date)
REBECCA HUERTA
CITY SECRETARY
)1 iUK5
ST WWII
`�
SECRETA'1
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APPENDIX B
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
City of Corpus Christi, Nueces County, hereinafter referred to as the "Grantee," hereby agrees that
as a condition to receiving any Federal financial assistance from the Department of Transportation
through TXDPS, it shall comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the
Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations,
and other pertinent directives, no person in the United States shall, on the grounds of race, color,
sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the Grantee receives Federal
financial assistance from the Department of Transportation through TXDPS, and hereby gives
assurance that it will promptly take any measures necessary to effectuate this Agreement. This
assurance is required by subsection 21.7(a)(1) of the Regulations.
More specifically and without limiting the above general assurance, the Grantee hereby gives the
following specific assurance with respect to the project:
1. That the Grantee shall operate each "program" and each "facility" as defined in subsections
21.23(e) and 21.23(b) of the Regulations, in compliance with all requirements imposed by, or
pursuant to, the Regulations.
2. That the Grantee shall insert the following notification in all solicitations for bids for work or
material subject to the Regulations and, in adapted form in all proposals for negotiated
agreements:
The Grantee, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-4 and Title 49 Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of the Department of Transportation issued pursuant
to such Act, hereby notifies all bidders that it shall affirmatively insure that in regard
to any contract entered into pursuant to this advertisement, minority business
enterprises shall be afforded full opportunity to submit bids in response to this
invitation and shall not be discriminated against on the grounds of race, color, sex,
or national origin in consideration for an award.
3. That the Grantee shall insert the clauses of Appendix C of this Agreement in every contract
subject to the Act and the Regulations.
4. That this assurance obligates the Grantee for the period during which Federal financial
assistance is extended to the project.
5. The Grantee shall provide for such methods of administration for the program as are found by
the Secretary of Transportation or the official to whom he delegates specific authority to give
reasonable guarantee that it, other recipients, subgrantees, contractors, transferees, successors
in interest, and other participants of Federal financial assistance under such program shall
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comply with all requirements imposed or pursuant to the Act, the Regulations, and this
assurance.
6. The Grantee shall comply with all provisions of Executive Order No. 11246 (September 24,
1965), the rules, regulations, and relevant Orders of the Secretary of Labor, Appendix A— E and
Attachments 1 and 2.
7. The Grantee agrees that the United States has a right to seek judicial enforcement with regard
to any matter arising under the Act, and Regulations, and this assurance.
This assurance is given in consideration of and for the purpose of obtaining any and all Federal
grants, loans, contracts, property, discounts, or other Federal financial assistance extended
after the date hereof to the Grantee by the Department of Transportation and is binding on it,
other recipients, subgrantees, Contractors, subcontractors, transferees, successors in interest,
and other participants in the Department of Transportation Program. The person or persons
whose signatures appear below are authorized to sign this assurance on behalf of the Grantee.
City of Corpus Christi, Nueces County LEPC
(Name of Grantee (Printed Name and Title of Authorized Official)
0
IIP%%'� � 11),
(Signature o Authori ed Official) (Date)
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APPENDIX C
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
During the performance of this Agreement, the Grantee, for itself, its assignees and successors in
interest (hereinafter referred to as the "Grantee") agrees:
1. Compliance with Regulations: The Grantee shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation
(USDOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from
time to time (hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this Agreement.
2. Nondiscrimination: The Grantee, with regard to the work performed by it during the
agreement, will not discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of subgrantees, including procurements of materials and leases of
equipment. The Grantee will not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when the
agreement covers a program set forth in Appendix B of the Regulations.
3. Solicitation for Subgrantees, including Procurements of Materials and Equipment:
In all solicitations either by competitive bidding or negotiation made by the Grantee for work
to be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subgrantee or supplier shall be notified by the Grantee of the
Grantee's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, or national origin.
4. Information and Reports: The Grantee shall provide all information and reports required by
the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by
TXDPS or the Pipeline and Hazardous Materials Safety Administration (PHMSA) to be
pertinent to ascertain compliance with such regulations, orders and instructions. Where any
information required of a Grantee is in the exclusive possession of another who fails or
refuses to furnish this information the Grantee shall so certify to the Grantee, TXDPS, or
PHMSA and shall set forth what efforts it has made to obtain the information.
(a) Sanctions for Noncompliance: In the event of the Grantee's noncompliance with
nondiscrimination provisions of this Agreement, the Grantee shall impose contract
sanctions as it, TXDPS or PHMSA may determine to be appropriate, including, but not
limited to withholding of payments to the Contractor under this Agreement until the
Contractor complies; and/or
(b) Cancellation, termination, or suspension of this Agreement, in whole or in part.
5. Incorporation of Provisions: The Grantee shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Grantee shall take such action with respect to any subcontract or procurements as TXDPS
or PHMSA may direct as a means of enforcing such provisions including sanctions for
noncompliance: provided, however, that in the event a Grantee becomes involved in, or is
threatened with, litigation with a subcontract or supplier as a result of such direction, the
Grantee may request TXDPS to enter into such litigation to protect the interests of the
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Grantee and, in addition the Grantee may request the United States to enter into such
litigation to protect the interest of the United States.
City of Corpus Christi, County LEPC 'Rona Id L. 0 (son R
(Name of Gra -e) (Printed Name and Title of Authored Official)
Air
(Signature if Autho ed Official) (Date)
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APPENDIX D
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
The following clauses will be included in all deeds, licenses, leases, permits, or similar instruments
entered into by the Grantee.
The Grantee as a part of the consideration hereof, does hereby covenant and agree that in the
event facilities are constructed, maintained, or otherwise operated on the said property described in
this [deed, license, lease permit] for a purpose for which a Department of Transportation program or
activity is extended or for another purpose involving the provision of similar services or benefits, the
Grantee shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally-Assisted
Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended.
That in the event of breach of the above nondiscrimination covenants, the Grantee shall have the
right to terminate [license, lease, permit] and to re-enter and repossess said land and the facilities
thereon, and hold the same as if said [license, lease, permit] had never been made or issued.
That in the event of breach of any of the above nondiscrimination covenants, the Grantee shall
have the right to re-enter said lands and facilities thereon, and the above described lands and
facilities shall thereupon revert to and vest in and become the absolute property of the Grantee and
its assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the Grantee. The Grantee, does hereby covenant and agree that (1) no person on
the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land and the furnishing services thereon,
no person on the grounds of race, color, sex, or national origin shall be excluded from the
participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that
the Grantee shall use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may
be amended.
That in the event of breach of any of the above nondiscrimination covenants, the Grantee shall
have the right to terminate the [license, lease, permit] and to re-enter and repossess said land and
the facilities thereon, and hold the same as if said [license, lease, permit] had never been made or
issued.
That in the event of breach of any of the above nondiscrimination covenants, the Grantee has the
right to re-enter said land and facilities thereon, and the above-described lands and facilities shall
thereupon revert to and vest in and become the absolute property of the Grantee.
Reverted clause and related language is to be used only when it is determined that such a clause is
necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
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City of Corpus Christi, Nueces County LEPC 'V - cd a L . Olson, 0:11,i h' aiht�rJek
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APPENDIX E
ASSURANCES - NON-CONSTRUCTION PROGRAMS
NOTE: Certain of these assurances may not be applicable to your project or program. If you have
questions, please contact the TXDPS Project Officer listed within this Agreement.
As the duly authorized representative of the Grantee, I certify that the Grantee:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay the non-Federal share of project cost) to
ensure proper planning, management, and completion of the project described in this
application.
2. Shall give the USDOT, the Comptroller General of the United States and, if appropriate,
TXDPS, through any authorized representative, access to and the right to examine all
records, books, papers, or documents related to the award; and shall establish a proper
accounting system in accordance with generally-accepted accounting standards or agency
directives.
3. Shall establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of interest
or personal gain.
4. Shall initiate and complete the work within the applicable time frame after receipt of approval
of the awarding agency.
5. Shall comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763)
relating to prescribed standards for merit systems for programs funded under one of the 19
statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Shall comply with all Federal statutes relating to nondiscrimination. These include but are
not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972
(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; (h) Title VII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et
seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing;
(i) any other nondiscrimination provisions in the specific statute(s) under which application
for Federal assistance is being made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the application.
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7. Shall comply, or has already complied, with the requirements of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-
646), which provide for fair and equitable treatment of persons displaced or whose property
is acquired as a result of Federal or Federally-assisted programs. These requirements
apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
8. Shall comply, if applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and
7324-7328) which limit the political activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
9. Shall comply, if applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to
276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for
Federally-assisted construction sub-agreements.
10. Shall comply, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234), which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is ten thousand dollars ($10,000.00) or
more.
11. Shall comply with environmental standards, which may be prescribed pursuant to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification
of violating facilities pursuant to Executive Order 11738; (c) protection of wetlands pursuant
to Executive Order 11990; (d) evaluation of flood hazards in floodplains in accordance with
Executive Order 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972 (16
U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42
U.S.C. §§ 7401 et seq.); (g) protection of underground sources of drinking water under the
Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
12. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
13. Shall assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593
(identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
14. Shall comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
15. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7
U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of
assistance.
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16. Shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et
seq.), which prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
17. Shall cause to be performed the required financial and compliance audits in accordance with
the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States,
Local Governments, and Non-Profit Organizations."
18. Shall comply with all applicable requirements of all other Federal laws, executive orders,
regulations, and policies governing this program.
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ATTACHMENT 1
General Terms and Conditions
The "Grantee" shall comply with the conditions applicable to this Agreement as set forth in this
document.
1 ACCOMPLISHMENT OF THE AGREEMENT.
1A General Requirements. The Grantee shall commence, carry out, and complete this
Agreement with all practicable dispatch, in a sound, economical, and efficient manner, and in
accordance with the terms of this document and all applicable laws, regulations, project or program
schedules, and applicable U.S. Department of Transportation (USDOT) or Receiving Agency
published policies. The terms of 49 CFR Part 18, "Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments," apply to this Agreement.
1.2 Compliance with Federal, State, and Local Law. In performing its obligations
under this Agreement, the Grantee shall comply with all applicable provisions of Federal, State, and
local laws, regulations, and USDOT directives. The Grantee understands and agrees that Federal
laws, regulations, policies, and related administrative practices in force and made applicable to this
Agreement on the date of execution may be modified, and that the most recent of such provisions
shall govern administration of this Agreement, except if there is sufficient evidence in the
Agreement of a contrary intent. Likewise, new Federal laws, regulations, policies, and
administrative practices that are established after the date of execution may be applied to this
Agreement. All limits or standards set forth in this Agreement are minimum requirements. If there is
a conflict between Federal and State or local requirements, the Grantee shall inform TXDPS in
order that an appropriate resolution may be arranged.
1.3 Cost Principles. The Grantee shall use program funds only for expenditures
incurred for approved activities in accordance with the Agreement Instructions, and the cost
principles of OMB Circular A-87, Revised, which are incorporated by reference in 49 CFR Part 18.
2 DELIVERABLES. Published Materials. If the Grantee publishes materials that have been
prepared with grant funds, the Grantee shall provide TXDPS and USDOT reprints of the publication
at no cost to TXDPS and USDOT. The Grantee shall acknowledge any publication based on work
supported by this Agreement essentially as follows:
"Publication of material was supported by the U.S. Department of Transportation,
Pipeline and Hazardous Materials Safety Administration, Grant No.
HMETX7014150."
3 COPYRIGHTABLE WORK. If this Agreement results in a book or other copyrightable work,
the Grantee or author may copyright the work, provided that the Grantee or author provides TXDPS
and USDOT a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise
use the work, and to authorized others to do so, as set forth in Section 8 below.
4 CHANGED CONDITIONS OF PERFORMANCE (Including Litigation). The Grantee shall
immediately notify the TXDPS and USDOT of any change in local law, conditions, or any other
event, including any litigation challenging the validity of or seeking interpretation of any Federal law
or regulation applicable to the Federal Hazardous Materials Transportation Program, which may
significantly affect the Grantee's ability to perform the program in accordance with the terms of this
Agreement. In addition, the Grantee shall immediately notify the TXDPS of any decision pertaining
to the Grantee's conduct of litigation that may affect TXDPS interests in the program or TXDPS
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administration or enforcement of applicable Federal laws or regulations. Before the Grantee joins
(as a third party) in litigation that affects TXDPS or USDOT interests in the program, or TXDPS or
USDOT Administration or enforcement of applicable Federal laws or regulations, the Grantee shall
first inform TXDPS and USDOT.
5 ACCOUNTING RECORDS.
5.1 Funds Received or Made Available for the Agreement.
Allowable Costs. TXDPS shall reimburse as allowable costs expenditures made by
the Grantee to the extent that they meet all of the following requirements.
Expenditures will:
5.1.1 Be made in conformance with the program budget and all other provisions of
this Agreement;
5.1.2 Be necessary to accomplish the program objectives;
5.1.3 Be reasonable in amount for the goods or services purchased;
5.1.4 Be actual net costs to the Grantee (i.e., price paid minus any refunds,
rebates, or other value received by the Grantee that have the effect of
reducing the cost actually incurred, excluding program income as defined in
OMB Circular A-87, Revised);
5.1.5 Be incurred (and be for work performed) after the date of this Agreement,
unless specific authorization from TXDPS to the contrary is received;
5.1.6 Be in conformance with the standards for allowability of costs set forth in
OMB Circular A-87, Revised;
5.1.7 Be satisfactorily documented; and
5.1.8 Be treated uniformly and consistently under accounting principles and
procedures approved or prescribed by TXDPS.
5.2 Audit and Inspection.
5.2.1 The Grantee shall permit TXDPS, State Auditor's Office, Secretary and the
Comptroller General of the United States, PHMSA, or any of their duly
authorized representatives to inspect all work, materials, payrolls, and other
data and records that pertain to the program, and to audit the books, records,
and accounts of the Grantee that pertain to this Agreement.
5.2.2 The Grantee shall meet the audit requirements of OMB Circular A-133, or
any revision or supplement to the circular.
5.2.3 Closeout of this Agreement will not alter the Grantee's audit responsibilities.
6 EQUAL EMPLOYMENT OPPORTUNITY
6.1 The Grantee shall take steps to ensure that applicants are employed, and that
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employees are treated during employment, without regard to their race, color, age, creed, sex, or
national origin. There shall be no discrimination in actions such as employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
6.2 The Grantee shall post, in conspicuous places available to employees, applications
for employment; names of students, fellows and recipients of scholarships, fellowships and
assistantships; and notices setting forth the provisions of this Equal Opportunity clause.
6.3 The Grantee shall send to each labor union or representative of workers with
which it has a collective bargaining or other agreement or understanding, a notice, advising the
labor union or workers' representative of the Grantee's commitments under this Equal Opportunity
clause and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
7 PATENT RIGHTS.
7.1 The patent rights clause of Attachment A of OMB Circular No. A-124,
(implementing the Patent and Trademark Amendments of 1980, 35 D.S.C. § 200 et. seq.) and any
subsequent amendments will apply, when the purpose is to perform experimental, development, or
research work.
7.2 The Grantee shall notify TXDPS promptly if any patentable invention(s) (i.e.,
processes, compositions of matter, or items thought to be new) is produced in the course of work
done under this Agreement. Except as stated in 37 CFR 401.3(a), the Grantee is given the right to
retain title to any patents issued for work performed under this Agreement.
8 COPYRIGHTS.
8.1 Except as otherwise provided in the terms and conditions of this Agreement, the
author or the Grantee shall copyright any books, publications, or other copyrightable materials
developed in the course of or under this Agreement. However, the TXDPS and USDOT reserve a
royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to
authorize others to use the work for TXDPS or Federal Government purposes.
8.2 The Grantee will not incorporate material copyrighted by others into any work
product delivered under this Agreement unless it has acquired for the TXDPS and USDOT a
royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to
authorize others to use the work for Government purposes.
8.3 The Grantee shall arrange for publication of initial reports of original research,
supported in whole or in part by Agreement funds, in primary scientific journals and copyright by the
journal unless the journal's copyright policy would preclude individuals from making or having made
by any means available to them (without regard to the copyright of the journal and without royalty) a
single copy of any such article for their own use.
9 RIGHTS IN DATA.
9.1 The term "subject data" as used in this Agreement means recorded information,
whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The
term includes graphic or pictorial delineations in media, such as: drawings or photographs; audio-
visual recordings; such as films and videotapes; text in specifications or related performance or
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design-type documents; machine forms such as punched cards, magnetic tape, or computer
memory printouts; and information retained in computer memory.
9.1.1 Examples of "subject data" include, but are not limited to: engineering
drawings and associated lists; specifications; standards; process sheets;
manuals; technical reports; catalog item identifications; and related
information.
9.1.2 The term does not include financial reports, costs analyses, and similar
information incidental to program administration.
9.2 With respect to all subject data first produced in the performance of this
Agreement, TXDPS and USDOT reserve a royalty-free, nonexclusive and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for TXDPS and Federal
government purposes:
9.2.1 Any work developed under this Agreement, irrespective of whether or not a
copyright has been obtained; and
9.2.2 Any rights of copyright to which the Grantee purchases ownership with
USDOT assistance.
9.3 When USDOT provides assistance to TXDPS for a program involving emergency
planning and training, it is USDOT's intent to increase the body of transportation knowledge, rather
than to limit the benefit of the program to the parties to the Agreement. Therefore, TXDPS and the
Grantee that have received assistance to support research, financed under the Federal Hazardous
Material Transportation Law (49 U. S. C. Section 5101 et. seq.), understand and agree that, in
addition to the rights set forth in Subsection 10.2 of this Agreement, USDOT may make available to
any USDOT Grantee, subgrantee, subrecipient, third-party Contractor, or third-party subcontractor,
either USDOT's license in the copyright to the "subject data" derived under this Agreement or a
copy of the "subject data"first produced under this Agreement.
9.4 Nothing contained in this clause implies a license to USDOT under any patent or
can be construed as affecting the scope of any license or other right otherwise granted to USDOT
under any patent.
9.5 Subsections 9.2 through 9.3 of this document are not applicable to material
furnished to the Grantee, via TXDPS, by USDOT and incorporated in the work furnished under the
Agreement, provided that the Grantee identifies the incorporated material when the work is
delivered.
9.6 If the program, which is the subject of this Agreement, is not completed, for
any reason whatsoever, all data developed under that program becomes subject data as defined in
Subsection 9.1 of this Agreement and will be delivered as TXDPS or USDOT may direct.
9.7 The requirements of Subsections 9.1 through 9.6 of this document will be
included in all subcontracts, third party contracts of the Grantee under this program.
9.8 Collection of Data. The Grantee will not represent that information is being collected
for, or in association with, the Federal government unless the HMEP Program Manager for TXDPS
and the Authorizing Official from the U.S. USDOT have given prior approval and OMB clearance
procedures contained in 5 CFR 1320 have been followed where required.
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9.9 Rights in Technical Data to intangible property under this Agreement are governed in
accordance with 49 CFR 18.34, "Copyrights."
10 PRIVACY.
Should TXDPS, or the Grantee, or their employees administer any system of records on behalf of
USDOT, the Privacy Act of 1974, 5 U.S.C. § 552a (the Act), imposes information requirements on
the party administering the system of records.
10.1 When the Agreement involves the operation of a system of records on
individuals to accomplish a USDOT function, TXDPS and the Grantee, and their employees
involved in the function are considered, for purposes of the Privacy Act, to be USDOT employees
with respect to the USDOT function. The requirements of the Act, including the civil and criminal
penalties for violations of the Act, apply to those individuals involved. Failure to comply with the
Privacy Act or this Section 11 subjects this Agreement to termination.
10.2 Definitions. As used in Section 11:
10.2.1 "Operation of a system of records" means performance of any of the
activities associated with maintaining the system of records on behalf of
USDOT including the collection, use and dissemination of records.
10.2.2 "Records" means any item, collection, or grouping of information about an
individual that is maintained by the Grantee or TXDPS on behalf of USDOT
including, but not limited to, his or her education, financial transactions,
medical history, and criminal or employment history and that contains his or
her name, or the identifying number, symbol, or other identifying particular
assigned to the individual, such as a finger or voice print or a photograph.
10.2.3 "System of records" on individuals means a group of any records under
the control of TXDPS or the Grantee on behalf of USDOT from which
information is retrieved by the name of the individual or by some identifying
number, symbol, or other identifying particular assigned to the individual.
10.3 The Grantee shall:
10.3.1 Comply with the provisions of the Privacy Act of 1974, 5 U.S.C. § 552a,
and implement regulations when performance under the program involves
the design, development, or operation of any system of records on
individuals to be operated by the Grantee, its subcontractors, or their
employees to accomplish a USDOT function;
10.3.2 Notify USDOT when the Grantee, its subcontractors, or their employees
anticipate operating a system of records on behalf of USDOT in order to
implement the program, if such system contains information about an
individual's name or other identifier assigned to the individual. The Grantee
will not use a system of records subject to the Act in performing this
Agreement until the necessary and applicable approval and publication
requirements have been met. The Grantee, its subcontractors, and their
employees shall correct, maintain, disseminate, and use such records in
accordance with the terms of the Act, and to comply with all applicable terms
of the Act;
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10.3.3 Include in every solicitation and in every third-party agreement, when the
performance of work under that proposed third-party agreement may involve
the design, development, or operation of a system of records on individuals
to be operated under that third-party agreement or to accomplish a USDOT
function, a Privacy Act notification informing the third-party subcontractors
that it shall be required to design, develop, or operate a system of records on
individuals to accomplish a USDOT function subject to the Privacy Act of
1974, 5 U.S.C. § 552a, and applicable DOT regulations, and that a violation
of the Act may involve the imposition of criminal penalties; and
10.3.4 Include the text of Subsections 11.3.1 through 11.3.3 in all third-party
agreements, which work for this Agreement is performed or which is awarded
pursuant to this Agreement or which may involve the design, development, or
operation of such a system of records on behalf of USDOT.
11 RECORDS.
11.1 The Grantee shall maintain records for this Agreement to comply with 49 CFR §
18.42. Section 18.42 provides that the Grantee shall retain financial records, supporting documents,
statistical records, records for non-expendable property, and all other records pertinent to this
Agreement for three (3) years from the date of completion of the Agreement.
11.2 Records associated with any litigation, claim or audit started before the expiration of
the 3-year period, will be retained until all litigation, claims or audit findings involving the records
have been resolved.
12 TRAVEL. Any travel necessary to carry out the objectives of this Agreement will use the
most economical form of transportation available. All travel will be scheduled sufficiently in
advance, to the extent practicable, to take advantage of offered discount rates. Travel and per
diem authorized under this Agreement will be incurred in accordance with the Government Travel
Regulations currently in effect. Current per diem rates are listed at: http://www.gsa.gov/perdiem.
13 TITLE TO EQUIPMENT. Title to equipment purchased or fabricated under this grant vests
in the Grantee, respectively, except USDOT reserves the right to require the Grantee to transfer
title to item of equipment to the Federal government or a third party named by USDOT, when such
a third party is otherwise eligible under existing statutes. Such transfers are subject to the
standards contained in 49 CFR 18.32.
14 SITE VISITS. PHMSA, through its authorized representatives, may make site visits, at
reasonable times; to review project accomplishments and management control systems, and
provide guidance as may be requested or required. If a site visit is made on the premises of the
Grantee, subcontractor, or third party under this Grant, the Grantee shall provide and require all
subrecipients, subcontractors, or other third parties to provide reasonable facilities and assistance
to PHMSA representatives in the performance of their duties. All site visits and evaluations will be
performed in a manner to not unduly delay work activity under the Grant.
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ATTACHMENT 2
State of Texas Assurances
SCOPE. In addition to Federal requirements, State law requires a number of assurances from
applicants for Federal pass-through or other State-appropriated funds. The following is an
attempt to list the major State assurances. Generally not all of these assurances shall be
required for any one (1) grant. However, it is the Grantee's responsibility to ensure that all
assurances required by the awarding agency are submitted.
The legal instrument for awarding State funds will be consistent with the standards prescribed
herein; however, these standard conditions or assurances may be incorporated into contracts or
grant agreements by reference rather than by being reproduced in their entirety.
1. RELATIVES. The Grantee shall comply with Texas Government Code, Chapter 573, by
ensuring that no officer, employee, or member of the applicant's governing body or of the
applicant's contractor shall vote or confirm the employment of any person related within the second
(2"d) degree of affinity or the third (3rd) degree of consanguinity to any member of the governing
body or to any other officer or employee authorized to employ or supervise such person. This
prohibition shall not prohibit the employment of a person, who shall have been continuously
employed for a period of two (2) years, or such other period stipulated by local law, prior to the
election or appointment of the officer, employee, or governing body member related to such person
in the prohibited degree.
2. PUBLIC INFORMATION. The Grantee shall insure that all information collected, assembled, or
maintained by the applicant relative to a project will be available to the public during normal
business hours in compliance with Texas Government Code, Chapter 552, unless otherwise
expressly prohibited by law.
3. OPEN MEETINGS. The Grantee shall comply with Texas Government Code, Chapter 551,
which requires all regular, special, or called meetings of governmental bodies to be open to the
public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. CHILD SUPPORT PAYMENTS. The Grantee shall comply with Section 231.006, Texas Family
Code, which prohibits payments to a person who is in arrears on child support payments.
5. HEALTH, HUMAN SERVICES, PUBLIC SAFETY, OR LAW ENFORCEMENT AGENCY. If the
Grantee is a health, human services, public safety, or law enforcement agency, it will not contract
with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the
license, permit, or certificate has been revoked by another health and human services agency or
public safety or law enforcement agency.
6. LAW ENFORCEMENT AGENCY. If the Grantee is a law enforcement agency regulated by
Texas Occupations Code, Chapter 1701, it shall be in compliance with all rules adopted by the
Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter
1701, Texas Occupations Code or shall provide the grantor agency with a certification from the
Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the
process of achieving compliance with such rules.
7. ADMINISTRATION. When incorporated into a grant award or contract, standard assurances
contained in the application package become terms or conditions for receipt of grant funds.
Administering state agencies and local subrecipients shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. (See Uniform
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Grant Management Standards, Part III, Subpart C, Post Award Requirements-Financial
Administration, Procurement_.36 for additional guidance on contract provisions).
8. SUSPECTED CHILD ABUSE. The Grantee shall comply with the Texas Family Code, Section
261.101, which requires reporting of all suspected cases of child abuse to local law enforcement
authorities and to the Texas Department of Child Protective and Regulatory Services. The
Grantees shall also ensure that all program personnel are properly trained and aware of this
requirement.
9. LABOR STANDARDS. The Grantees shall comply, as applicable, with the provisions of the
Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C.
§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding
labor standards for Federally-assisted construction sub agreements.
10. DISPLACED PERSONS. The Grantees shall comply with requirements of the provisions of the
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which
provide for fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or Federally-assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in purchases.
11. LABOR FAIR STANDARDS ACT. The Grantees shall comply with the minimum wage and
maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
12. SMOKING PROHIBITION. The Grantees shall comply with Public Law 103-277, also known as
the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility
used for the provision of services for children as defined by the Act.
13. TAXES. The Grantees shall comply with all Federal tax laws and are solely responsible for
filing all required State and Federal tax forms.
14. COMPLIANCE WITH REQUIREMENTS. The Grantees shall comply with all applicable
requirements of all other Federal and State laws, executive orders, regulations, and policies
governing this program.
15. INELIGIBLE APPLICANTS. The applicant certifies that it and its principals are eligible to
participate and have not been subjected to suspension, debarment, or similar ineligibility
determined by any Federal, State, or local governmental entity and it is not listed on a State or
Federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible
for Federal procurement are listed at http://www.epls.gov.
16. HIV/AIDS. The Grantees shall adopt and implement applicable provisions of the model
HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health
and Safety Code, Ann., Sec. 85.001, et seq.
City of Corpus Christi, Nueces County LEPC ( )(\ a L ( n1 h l Q Y)Cl j�=k-
(Name of LEPC -n '-cipie' (Printed Name and Title of Authorized Official)
(Signatu e of A horized Official) (Date)
LEPC Su:: =• Monitoring Contract Page 27 of 31 OGC approvedl l/15/15
City of Corpus Christi, Nueces County LEPC Agreement
TXDPS Contract No. 405-EMD-16-0005
ATTACHMENT 3
Quarterly Performance Report
FY 16 Hazardous Materials Emergency Preparedness Grant
Subgrantee name: - Performance Period (check one):
O October-December 2015
O January-March 2016
O April-June 2016
O July-September 2016
Mailing and Emailing Instructions: Complete the performance report and return it to:
Texas Department of Public Safety
Division of Emergency Management
Attn: Ben Patterson
1033 La Posada Dr.
Suite 250
Austin, TX 78752
or electronically to:
Ben.Patterson@dps.texas.gov
Questions regarding completion of this performance report should be directed to the Hazards Unit
Supervisor, Ben Patterson at 512-424-2445 or Ben.Patterson@dps.texas.gov.
Part I — Authorized Agent Information
Identify any changes to the Authorized Agents for this grant.
Identify any changes to your mailing address, if applicable.
Part II — Project Narrative, Activities, and Completion Date
Is the Project Narrative, as described in your agency's original grant application, still accurate?
O Yes O No
If no, explain:
LEPC Subgrantee Monitoring Contract Page 28 of 31 OGC approvedll/15/15
City of Corpus Christi, Nueces County LEPC Agreement
TXDPS Contract No. 405-EMD-16-0005
Are the Project Activities, Tasks, and Deliverables, as described in your agency's original grant
application, still accurate?
O Yes O No
If no, explain:
List/describe the Project Activities, Tasks, and Deliverables that were completed during this
Performance Period.
List/describe the number of people and total person hours spent on the Project Activities, Tasks,
and Deliverables that were completed during this Performance Period.
What is the anticipated completion date for the project?
List/describe the Outputs of the Project Activities, Tasks, and Deliverables that were completed
during this Performance Period. (Outputs: Services, products, and activities that your organization
offers to its users)
•
List/describe the Outcomes (Changes you are looking to achieve =the differences you aim to make
with your services of the Project Activities, Tasks, and Deliverables completed during this
Performance Period.
If the approved project will not be completed by September 30, 2016, explain:
LEPC Subgrantee Monitoring Contract Page 29 of 31 OGC approvedll/15/15
City of Corpus Christi, Nueces County LEPC Agreement
TXDPS Contract No. 405-EMD-16-0005
Part Ill — Financial Summary for Subgrantee Monitoring Agreement
Total Approved Project Cost: $
Total Match Amount required for grant: $
What is the value of in-kind activity or funding allocation toward the grant match during the
Performance Period? $
What is the total value of in-kind activity or funding allocation toward the grant match to-date?
$
Summarize any in-kind activity or funding allocation toward the grant match during the Performance
Period:
Has your entity documented all in-kind activity or funding allocation toward the grant match during
the Performance Period? 0 Yes 0 No
If no, explain:
Summarize planned in-kind activity or funding allocation toward the grant match during the next
Performance Period (if applicable):
LEPC Subgrantee Monitoring Contract Page 30 of 31 OGC approvedll/15/15
City of Corpus Christi, Nueces County LEPC Agreement
TXDPS Contract No. 405-EMD-16-0005
ATTACHMENT 4
TDEM - Hazardous Materials Emergency Preparedness Grant
Number(FY 16):
Cost Match Verification Form: MUST INCLUDE AN ORIGINAL SIGNATURE ON THIS FORM AND A
COPY OF ALL RECEIPTS.
Mail or E-mail Verification to: Grant Recipient:
Contract#
Texas Department of Public Safety
Division of Emergency Management
Attn: Ben Patterson
1033 La Posada Dr.
Suite 250
Austin, TX 78752
or electronically to: Ben.Patterson[7a dps.texas.gov
REPORTING PERIOD: From to
(Year to date totals)
Total Expenditures
(100% for this billing period)
HMEP Share ,
(80% of total costs) i !
Local Match
(20% of total costs)
NOTE: The amount of Total HMEP Share and Local Match Quarter: 1, 2, 3, 4 (circle one)
should equal total cost Expenditures for reporting period.
Under penalty of perjury, I certify that:
• I am the duly authorized officer of the claimant herein.
• This submission is in all respects true, correct, and made in accordance with
applicable laws, rules, regulations, and assurances.
Authorized Agent(per the Designation Statement)
Printed Name Phone No.
Title E-Mail Address
Mailing Address Fax No.
City,State,Zip Code Signature and Date
LEPC Subgrantee Monitoring Contract Page 31 of 31 OGC approvedl l/15/15
PPP-1 (Rev.10/13) Reference Number: EMD201510290248
SECTION I
Date(11: 10/29/15
Requestor and contact info f21:
Name: Kelly Brednich/Karen Shaffer/Brad Jacobs
Division: TDEM 20150006-PCF 50789
Phone Number: 512-424-2856
Address: PO Box 5087,Austin,TX 78773
Funding documentation as validated by Budget/Grant Analyst(31:
Name/Division of Budget Analyst: Vicki Newlin
Analyst Contact Info: 512-424-2214
Funding Not to Index/PCA Appropriations Seized Comp/Agency Capital Budget
Exceed Authority Number# Year(AY) Agency Fund# Funds Object# Project# Grant End Date
(Y or N)
$0.00 90075 16 3306 N 6280 9/30/16
Will there be ongoing costs for this request? ❑Y or N® Total ongoing costs/year
Enterprise Project Number(if applicable): PPPMO Program Manager(if applicable):
Request Requires the Following 141: (Check all that apply)
❑ Procurement -State Funds ❑ Procurement- Grant Funds
O Grant Application/Revenue Contract—routed to Finance ❑ Use of Grant Funds certified by division grant specialist
Zero Dollar-MOU\No Cost Interlocal
® Contract under the HMEP Program, 0 Boiler Plate Language ❑ Donation—Routed to OGC
using preapproved template Review—routed to OGC
❑ Change Request(Modification to existing project, PO or Contract PO/Contract No.: PENDING
(include PO/Contract Number)
❑ Staff Augmentation ❑ Major Contracts(over 500K)
0 Other: (please describe)
PPP-3 Required SECTION II Required
Justification or supporting documentation required for the following items -information can be found at
http://portal/sites/staff/pppmo/PPPOForms/SitePaoes/Home.aspx
❑ Proprietary 0 Emergency 0 Internal Repair
[5] Coordination(To be filled out by requestorl
❑ Information Technology ❑ Communications-LES 13I No Coordination Required
❑ Facilities ❑ Security 0 Other
❑ Seized Funds 0 Capital Budget 0 Other
O CFO 0 Fleet 0 Other
For IT Use Only: 0 (ITD Project Number 0 PlanView ID#
Office of Policy, Projects, and Portfolio Management—PPP-1 Page 1
PPP-1 (Rev.10/13) Reference Number: EMD201510290248
Requested Award Date 161: ASAP Requested Commencement or ASAP
Ship Datea
Suggested Vendor:I81 City of Corpus Christi, Nueces Vendor Phone f91: 361-826-3960
County
Description of Requested Goods and/or Services 1101:City of Corpus Christi/Nueces County LEPC Subgrantee Monitoring Contract
Description
Item Commodity/ (A detailed Statement of Work(SOW)should
No. Stock No. be attached if Service Contract Request.) Quantity Unit Cost Extended Cost
LEPC Subgrantee Monitoring Contract with
City of Corpus Christi, Nueces County LEPC.
This will be a$0 dollar contract to ensure that
the City of Corpus Christi, Nueces County
LEPC follows the Hazardous Material
Emergency Preparedness(HMEP)program
1 guidelines. 1 $0.00 $0.00
This contract uses an APPROVED
TEMPLATE for LEPC contracts.
Deliver Destination: Contact Name: Ben Patterson
Ship to Address: PO Box 4087
City,St,Zip:Austin,TX 78773
Contact Phone No.:512-424-2445
Additional Comments: PLEASE SEND A COPY OF FINAL APPROVED CONTRACT TO:
tdem.ombAdps.texas.gov TOTAL $0.00
SECTION II
****you are required to complete the below information for contract related requests, renewals,or extensions with a projected cost or
value of more than$500,000.00.****
Requested Effective Date PI11: Requested Expiration
Date 1 121:
Number of months to be covered in contract 1 131:
Type of request[141:
❑ New 0 Resolicitation
❑ Renewal 0 Extension
❑ Other: (describe request if not listed above)
Scope f151: Detail the tasks to be performed and the deliverables to be received by the agency.
Tasks:(list tasks or services to be addressed as part of the contract)
Deliverables: (list deliverables to be provided as part of the contract)
Authority f161:What provides the authority for this contract-such as Legislative mandate,audit finding,enabling statute,etc.?Describe. Be sure
to include the specific strategic objective,bill number,and audit finding.
Relates To Describe how the contract is authorized or will satisfy the item.
Office of Policy, Projects, and Portfolio Management—PPP-1 Page 2
PPP-1 (Rev.10/13) Reference Number: EMD201510290248
Legislative Mandate
Audit Finding
Enabling Statute
Other
Sourcing f171: Is the Agency performing the tasks,services or production of these deliverables an option(as opposed to hiring a vendor)?
If not,please explain why.
Contract History f181: Has a vendor provided these goods or services in the past 12 months? If so, list vendor.
Vendor Performance 1191: Describe the specific methods by which performance of the vendor will be monitored and the documentation that will
be produced to capture performance. Also identify the person that will be responsible for monitoring and documenting the performance.
Description of Measurement Description of how measurement will Person and division responsible for monitoring and documenting
be documented. performance measurement
Financial Health 1201: Provide information that demonstrates the financial health of this vendor. (If this is a planned solicitation and the vendor is
unknown at this time,then please put n/a.)
Litigation 1211: Is this vendor currently involved in any outstanding litigation that could affect this contract?(If this is a planned solicitation and the
vendor is unknown at this time,then please put n/a.)
Future Need 1221: Do you anticipate a future need for these goods or services following the end of this requested
contract? If so,describe how you plan to source the future need(Agency staff versus vendor)and how you plan
to fund it.
Other 1231: Please provide any other information that you believe is pertinent for the CRB here.
Office of Policy, Projects, and Portfolio Management—PPP-1 Page 3
PPP-1 (Rev.10/13) Reference Number: EMD201510290248
[f�Vou plan to �r e r a 4 Gr R .[ff£c
ARA 2(Il d a e ti r' Ll't0'i 6 S` Q e e '747C='i+tn1-it
Expiration (241: When does this contract expire if not approved for renewal?
Renewal Options 1251: List all remaining renewal options specifically provided for in the contract and any requirements for exercising them. (For
example, the agency must provide sixty(60)calendar days'written notice of its intent to renew.)
Additional History 1261: Have there been previous renewals of this contract with this vendor? If so, list the dates
and dollar amounts of the renewals.
Date Amount
n/a n/a
Justification 1271: What is the justification to renew this contract with the current vendor at this time rather than re-bidding?
Impact(281: What is the impact to the agency if this contract expires and there is a lapse in the goods or services while the contract is being
resolicited?
Transition 1291: Once a new contract is in place(fully signed and effective),what transition period is reasonably required before any new vendor
begins providing the goods and services? Also describe the basis for this estimate.
Cumulative Amount 1301: What is the cumulative dollar amount spent for this vendor on this particular effort to-date?
Performance Issues(311: Are there any known performance issues with this vendor? If so,describe.
Has the issue been Has the issue been Has the issue been reported to the
Describe the Performance Issue discussed with discussed with the CPA?
P&CS or OGC? vendor?
n/a
Office of Policy, Projects, and Portfolio Management—PPP-1 Page 4
15-0000 Daily Ops Log
PCF Details
Return to List J PDF I Print
PCF# 50789
Original
Submitted 10/6/2015
Date
PO Awarded 10/06/2015
Date
Status Working
Phone Number 512-424-2196
90075 0.00
Index Codes
and $Amount
Budgetary 0.00
Estimate
Date Needed 10/01/2015
Request is for Contract
PO/Contract# x
Proprietary? No i
Proprietary
Justification
Type of Item Contract/MOU
Short PREPAREDNESS-Tech Hazards (Corpus Christi, Nueces County LEPC HMEP
Description Contract)
Corpus Christi, Nueces County LEPC HMEP Contract
Qty: 1
Detailed Cost: $0.00
Description (Please see attachments) jI
This has been coordinated with Support Service/OMB and Kelly Brednick.
Deliver To La Posada
Delivery Texas Department of Public Safety-Attn: Joshua Bryant
Address 1033 La Posada, Suite 250
Austin TX 78752
Attachment 1 0 i
Attachment 2 0 _
Attachment 3
Corpus Christi, Nueces County LEPC will provide the local match for a Commodity
Flow Study (CFS) to be performed by the Texas Transportation Institute (TTI). The
State Emergency Response Commission (SERC) Planning Committee approved this
Justification project at the annual HMEP Planning Grant Allocation Meeting on September 16, 2015.
The approved project budget is $70,000.00 which will be paid directly to TTI for their
work on the CFS through the TXDPS/TDEM contract with TTI, 405-EMD-12-A2-A21401.
This will be a $0 contract to ensure that the Corpus Christi, Nueces County LEPC
provides the necessary $20% match. _
Vendor Corpus Christi, Nueces County LEPC
If you have any questions about this request please contact Joshua Bryant.
Comments --Johnson-PetersLana375O, on 10/6/2015 at 09:58:50
Routing List and Approval
Usemame Action Signature Position Date
Routing List Approval
Entered By Johnson-PetersLana3750
Submitted By/For BryantJoshua5009
Supervisor VACANT NONE N/A
Section TDEM Preparedness 13:48:15
Administrator/ PattersonBen3537 Approved PattersonBen3537 Section Administrator 10/6/2015
Coordinator j
State Coordinator PhinneyChuck6477 Approved PhinneyChuck6477 State Coordinator 16:23:49
Preparedness 10/7/2015
I.T./Technology NewboldJeff6970 NONE N/A
-Deputy Assistant Director 14:07:02
DAD PolonisTom5031 Approved PolonisTom5031 Operations-EMD 10/9/2015
Budget Approval
State Coordinator PhinneyChuck6477 Yes PhinneyChuck6477 State Coordinator 16:23:49
Preparedness 10/7/2015
DAD PolonisTom5031 NONE N/A
FGM NewlinVictoria5871 NONE N/A
Additional SC/DAD Approval
N/A NONE
N/A NONE
N/A NONE
Allowable Grant Expenditure
HMEP N/A NONE
N/A NONE
N/A NONE
N/A NONE
N/A NONE
N/A NONE
N/A NONE i
N/A NONE
N/A NONE
N/A NONE
Assistant Director Approval
FulenwiderSandra3092 -Deputy Assistant Director 14:27:56
Assistant Director AD Approved FulenwiderSandra3092
On behalf of KiddNim7515 Support Services 10/15/2015
Purchasing Approval
Purchasing JacobsBradley8618 Assigned JacobsBradley8618 TDEM OMB Section 08:21:14
Administrator Administrator 10/16/2015
17:44:17
Purchaser BrednichKelly7385 Working BrednichKelly7385 TDEM OMB Contracts
10/21/2015