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AGREEMENT FOR THE
DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT
BETWEEN THE
OFFICE OF THE GOVERNOR,
TEXAS MILITARY PREPAREDNESS COMMISSION
AND
CITY OF CORPUS CHRISTI
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness
Commission, P.O. Box 12428, Austin, Texas 78711 ("OOG" or"Grantor"), and City of Corpus
Christi ("Grantee"). 000 and Grantee are referred to collectively as the "parties." The parties
hereto have severally and collectively agreed and by the execution of this Agreement are bound to
the mutual obligations and to the performance and accomplishment of the tasks described herein.
SECTION I. PURPOSE. This Grant is awarded pursuant to Texas Government Code, Chapter
436, which authorizes OOG to administer the Defense Economic Adjustment Assistance Grant
("DEAAG") program. The DEAAG program provides state funds to defense communities that
have been or may be affected by a base realignment and closure action for the purposes of
purchasing property, sharing the costs of infrastructure or redevelopment projects, and the
purchase or lease of equipment, including equipment for the training of defense workers.
SECTION 2. TERM OF AGREEMENT. This Agreement will commence March 20,2018 and
will terminate on August 31,2019,or upon the completion of the Grant Project as described herein,
whichever occurs first,unless terminated earlier pursuant to Section 16 of this Agreement.
SECTION 3. PROJECT REQUIREMENTS. Consistent with Section 436.203 of the Texas
Government Code, grant proceeds may be used for the purchase of property, new construction,
rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or
facilities insurance, and if applicable, to purchase or lease equipment to train certain workers.
Subject to the requirements of applicable law and this Agreement,Grantee may use grant proceeds
as cost reimbursement for certain actual,reasonable,and allowable costs that are directly allocable
to the Project in accordance with the Grant Project, as further described in Exhibit A (Grant
Budget),Exhibit B(Grant Narrative),and the Grantee's DEAAG Grant Application.
SECTION 4. OOG OBLIGATIONS.
A. The OOG shall reimburse the Grantee for the actual and allowable allocable costs incurred
by Grantee during the term of this Agreement,subject to the requirements and limitations set forth
herein.
2018-057
2/27/18 Page 1 of 27
Ord. 031381
Texas Military Preparedness
INDEXED
I ,
B. OOG shall not be liable to Grantee for any costs incurred by Grantee that are not strictly in
accordance with the terms of this Agreement.
SECTION 5. MAXIMUM AMOUNT OF GRANT. Notwithstanding any other provision of
this Agreement,the total of all grant reimbursement payments and other obligations incurred by
OOG under the terms of this Agreement shall not exceed TWO MILLION,SEVEN HUNDRED
THIRTY-FOUR THOUSAND, SEVEN HUNDRED AND 00/100 ($2,734,700.00)
DOLLARS. The parties stipulate and agree that any act,action or representation by either party,
their agents or employees that purport to increase the liability of the 000 is voidable by the 000,
unless this Agreement is amended.
SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT.
A. Grant funds may be used only for the actual,reasonable,and allowable costs incurred during
the term of this Agreement and that are directly allocable to the Project. Grant funds may not be
used for the payment of taxes, overtime, overhead, debt repayment, indirect expenses, or
administrative expenses.
B. All grant funds will be disbursed on a cost reimbursement basis only. Only costs that have
been incurred and paid by the Grantee are eligible for reimbursement. Grant funds are not eligible
for use to provide an advance payment to a Grantee or subgrantee.
C. In no case shall the payments made to a Grantee exceed the actual,reasonable,and allowable
costs that are directly allocable to the Project costs as identified in the Grant Budget, or the
Maximum Amount of Grant as set forth in Section 5 of this Agreement.
D. Pre-award costs incurred prior to the effective date of the Agreement may be allowable only
with the written approval of the OOG and only to the extent that they would have been allowable
if they had been incurred after the date of the award.
E. All costs must be allowable in accordance with the purposes authorized by Texas Government
Code, Chapter 436, the DEAAG Administrative Rules (Title I, Texas Administrative Code,
Chapter 4, Subchapter B),this Agreement,the Grant Budget,and other applicable law.
F. The grants are subject to the requirements of applicable state law, regulations, and policies,
including,but not limited to,Texas Government Code Chapter 783,the administrative rules of the
Texas Comptroller of Public Accounts at Title 34, Chapter 20, Subchapter I of the Texas
Administrative Code, and the State Uniform Grant Management Standards(UGMS). The UGMS
is available for download at: https://comptroller.texas.gov/purchasing/grant-management/. The
2004 version of the UGMS is the current version as of the date of this Agreement, however the
UGMS may be updated by the Comptroller of Public Accounts from time-to-time.
G. Grantees agree to comply with the Uniform State Grant Assurances as set forth in Exhibit C.
SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. Grant funds shall be
disbursed on a cost reimbursement basis, subject to the terms of this Agreement. All of the
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following conditions precedent must be met to the satisfaction of 000 prior to any reimbursement
payments:
A. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the actual,
reasonable, and allowable costs that are directly allocable to the Project costs described in the
Grant Budget.
B. 000 must have received from Grantee a Request for Reimbursement specifying the amount
of the Grant being requested, along with invoices showing all such costs. No requests for the
reimbursement of expenditures incurred by the Grantee after August 31. 2019 will be
considered by 00G. The total amount already disbursed plus the amount requested shall not
exceed the maximum amount of the Grant set forth in Section 5 of this Agreement.
C. Grantee must be in compliance with all terms of this Agreement.
D. Grantee must have supplied to the OOG all reports or other items that 000 requires or has
requested.
SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS.
A. Reimbursement Request. The 000 will make a reimbursement payment to the Grantee
only in response to an approved Request for Reimbursement from the Grantee for the payment of
actual, reasonable, and allowable costs that are directly allocable to the Project. The Grantee's
reimbursement request will be submitted to the OOG in the form and manner as approved by the
OOG and will specify the detailed and total expenses for the reimbursement request. All requests
for the reimbursement of allowable costs will be submitted to the OOG in accordance with the
schedule as set forth in Section 8.C.
All reimbursement requests and payment inquiries shall be submitted directly to:
Office of the Governor
Texas Military Preparedness Commission
Attn:Alexandra Taylor
P.O.Box 12428
Austin,Texas 78711
alexandra.taylor@gov.texas.gov
B. Required Documentation. Each Request for Reimbursement presented must include: (I)
identification of the specific 000 Agreement;(2)the Grantee's federal tax identification number;
(3)the name and division of the 000 contact; (4) description of the services/costs/expenses and
the dollar amount attributable to each; (5)the name of the entity or person providing the service
and the cost(s)charged by such entity or person; and(6)an itemization of charges with sufficient
detail to permit the OOG to determine if the costs are allowable.
Requests for Reimbursement must include documentation of proof of payment as evidence of
actual expenditures. Acceptable proof of payment includes, but is not necessarily limited to, a
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receipt or other documentation of a paid invoice showing zero balance due, a monthly bank
statement evidencing payment of the specific expenditure, copies of endorsed/processed checks,
or a printed copy of an electronic payment confirmation evidencing payment of the specific
expenditure(s)to which the reimbursement relates.
Each item of expenditure shall be specifically attributed to the eligible project cost category as
identified in the Grant Budget. By submission of a reimbursement request, Grantee is warranting
the following: (I)all invoices have been carefully reviewed to ensure that all invoiced services or
goods have been performed or delivered; (2) that the services or goods have been performed or
delivered in compliance with all terms of this Agreement;(3)that the amount of each new invoice
added together with all previous invoices does not exceed the Maximum Amount of Grant as stated
in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are
reasonable,necessary,and that all supporting documentation is attached.
C. Timing of Submission of Request for Reimbursement to the OOG; Close-Out Invoice.
Grantee is responsible for submitting bills in an accurate and timely manner,and shall make every
reasonable effort to submit quarterly billings to the OOG, which cover the previous quarter's
expenses,so that they are received by the 000 on or before the twentieth(20th)day after the end
of each quarter, or if the 20th falls on a weekend or holiday, the next business day. Quarterly
reimbursement requests are due: (1)First quarter—December 20;(2)Second Quarter—March 20;
(3)Third Quarter—June 20; (4)Fourth Quarter—September 20.
The OOG will make all reasonable efforts to promptly process and make payments on properly
completed billings. Grantee may submit a final invoice not later than the earlier of(I) forty-five
(45)calendar days after termination of this Agreement; or(2) forty-five (45) calendar days after
the end of each state fiscal year.
D. Final Deadline for Reimbursement Requests. All requests for reimbursement must be
received by the 000 no later than October 15, 2019 (i.e., forty-five (45) calendar days after
termination of this Agreement). An Agreement amendment must be executed by the OOG and the
Grantee in order to extend this deadline. Any extension of the deadline is within the sole discretion
of the OOG and subject to the availability of appropriated funds.
E. Disclosure of Reimbursement Information under the Public Information Act. All
reimbursement documentation submitted to the Office of the Governor (000) is subject to
disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code
("the Act"), whether created or produced by the Grantee or by any third-party. If it is necessary
for the Grantee to include proprietary or otherwise confidential information in the documents
submitted, that particular information should be clearly identified as such. Merely making a
blanket claim that the all documents are protected from disclosure because they may contain some
proprietary or confidential information is not acceptable, and will not render the whole of the
information confidential. Any information, which is not clearly identified as proprietary or
confidential is subject to release in accordance with the Act.
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F. Right to Request Additional Documentation. Upon the request of the 00G,the Grantee
must submit to the 000 any additional documentation or explanation the OOG may require to
support or document any requested payment under the Agreement.
G. Allowable Costs. The OOG shall reimburse the Grantee only for actual, reasonable, and
allowable costs that are directly allocable to the Project as determined by the 000 in accordance
with the Texas Government Code,Chapter 436,the DEAAG Administrative Rules(Title I,Texas
Administrative Code, Chapter 4, Subchapter B), this Agreement, the Grant Budget, and in
conformity with the UGMS.
SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if
Grantee anticipates altering the scope of the grant,adding funds to previously un-awarded budget
items or categories, changing funds in any awarded budget items or category by more than 10%
of the annual budget,and/or adding new line items to any awarded budget category.
SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE
UPON TERMINATION. Grantee shall not give any security interest,lien or otherwise encumber
any item of equipment purchased with grant funds. Grantee shall identify all equipment purchased
under this Agreement by appropriate tags or labels affixed to the equipment. Grantee shall
maintain a current inventory of all equipment, which shall be available to the 000 at all times
upon request, however, as between the OOG and Grantee title for equipment will remain with
Grantee. Grantee will maintain, repair, and protect all equipment purchased in whole or in part
with grant funds so as to ensure the full availability and usefulness of such equipment. In the event
Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or
damage to the equipment purchased under this Agreement,Grantee shall use the proceeds to repair
or replace said equipment. Upon termination of this Agreement, title, use, and disposal of
equipment shall be in conformity with the UGMS.
SECTION 11. REPORTING REQUIREMENTS.
A. Until Grantee has submitted a Project Completion Report to OOG, Grantee shall submit a
Quarterly Project Status Report to 00G,using the form attached hereto as Exhibit D,no later than
twenty(20)calendar days after the end of each calendar quarter summarizing grant expenditures
and detailing the progress on grant requirements.
B. After Grantee has completed the Grant Project as set forth in this Agreement,but in no case
more than one hundred twenty (120) calendar days after termination of this Agreement, Grantee
shall submit to OOG a Project Completion Report, using the form attached hereto as Exhibit E,
describing all activities performed under this Agreement. Grantee shall provide to 000 a
Certification of Delivery,certifying that Grantee has received delivery of all equipment purchased
pursuant to this Agreement.
C. No later than sixty (60) calendar days after the date on which Grantee submits its Project
Completion Report to 000, Grantee shall provide to OOG a DEAAG Project Impact Report,
using the form attached hereto as Exhibit F. A DEAAG Project Impact Report must contain
information concerning jobs generated and retained, and individuals trained as a result of the
Project. For purposes of this Agreement, job creation, retention, and training rates may be
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evidenced by satisfactory documentation, such as copies of payroll documents, human resource
documents, or training enrollment records.
D. Grantee shall provide to OOG additional information regarding the status of the Project at any
time upon request from 000.
E. Grantee shall cooperate with 000 and provide all requested assistance to OOG in
connection with the preparation of any reports required from time to time to be made by OOG to
the Texas Legislature or any relevant governmental entity regarding Grantee, the Grant, the
Project,or the Grant Application.
F. All reports provided to OOG must be signed by the duly authorized representative of
Grantee.
G. Failure to Provide Required Reports and Other Documentation. If after a written
request by the OOG,Grantee fails to provide required reports,information,documentation or other
information as required by this Agreement,then the OOG may require corrective action or consider
this act a possible default under this Agreement.
SECTION 12. CORRECTIVE ACTION.
A. Failure to Progress with Grant Project. If after written notice by the 000 to the Grantee,
Grantee fails to make progress on the grant project,then the OOG may consider this act a possible
default under this Agreement.
B. Notice of Possible Default. The parties agree to make a good faith effort to identify,
communicate and resolve problems found by either the 000 or Grantee. The 000, in its sole
discretion, will determine whether Grantee has acted or failed to act in such a manner that gives
rise to an act of possible default under this Agreement. The 000 shall give written notice to
Grantee setting out the circumstances that support the 000's determination of possible default.
C. Opportunity to Cure. The 000 will give the Grantee at least thirty(30) calendar days to
cure the possible default and to provide the 000 sufficient information that supports a finding of
cure by the 000.
D. Cure. If the 000 is satisfied that the Grantee has cured the possible default event,the OOG
shall give written notice to the Grantee. The 000 will be guided by good faith and reasonableness
in determining, in the sole discretion of the OOG, whether the Grantee has cured the possible
default.
E. Default. If the 000 is not satisfied that the Grantee has cured the possible default, the
Grantee shall be in default hereunder, and the OOG shall give written notice to the Grantee
declaring such default. Any default may result in termination of this Agreement in accordance
with Section 16.
F. Corrective Action Plans. If the DOG finds deficiencies in Grantee's performance under this
Agreement,the 00G,at its sole discretion,may impose one or more of the following remedies as
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part of a corrective action plan: increase monitoring visits;require that additional or more detailed
financial and/or programmatic reports be submitted; require prior approval for expenditures;
require additional technical or management assistance and/or make modifications in business
practices;reduce the grant award amount;and/or terminate this Agreement. The foregoing are not
exclusive remedies, and the 000 may impose other requirements that the 006 determines will
be in the best interest of the State.
G. Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information may result in the OOG, at its sole discretion, placing
Grantee on immediate financial hold without further notice to Grantee and without first requiring
a corrective action plan. No reimbursements will be processed until the requested information is
submitted. If Grantee is placed on financial hold, the 00G, at its sole discretion, may deny
reimbursement requests associated with expenses incurred during the time Grantee was placed on
financial hold.
H. Sanctions. In addition to financial hold,the 00G,at its sole discretion,may impose other
sanctions without first requiring a corrective action plan. The 000, at its sole discretion, may
impose sanctions, including, but not limited to, withholding or suspending funding, requiring
return or offset of previous reimbursements, requiring repayment, disallowing claims for
reimbursement, reducing funding, terminating this Agreement and/or any other appropriate
sanction.
I. No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or
sanctions, Grantee remains responsible for complying with the Agreement terms and conditions.
Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of
prior failure to comply with this Agreement.
SECTION 13. NOTICES. Any notice required or permitted to be given under this Agreement
by the either party shall be in writing and shall be deemed to have been given immediately if
delivered by e-mail,or in person as set forth in this section.Any notice required or permitted to be
given under this Agreement may be given by regular first class mail and/or email and shall be
deemed to have been given on the date of attempted or actual delivery to the recipient if addressed
to the receiving party at the address specified in this section:
Office of the Governor City of Corpus Christi
Texas Military Preparedness Commission Margie Rose
Attn:Alexandra Taylor P.O.Box 9277
P.O. Box 12428 Corpus Christi,TX 78469
Austin, Texas 78711 Email: margier@cctexas.com
Email: alexandra.taylor@gov.texas.gov
SECTION 14. GRANTEE CERTIFICATIONS. By executing this Agreement,Grantee hereby
makes the following certifications and warranties:
A. Delinquent Child Support Obligations. Under Texas Family Code, Section 231.006(d),
regarding child support, Grantee certifies that the individual or business entity named in this
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Agreement is not ineligible to receive the specified payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is inaccurate.
B. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government Code
(relating to prohibited bids and agreements),Grantee certifies that the individual or business entity
named in this Agreement is not ineligible to receive the specified agreement and acknowledges
that this Agreement may be terminated and payment withheld if this certification is inaccurate.
C. Gift to Public Servant. Grantee warrants that it has not given, nor does it intend to give,at
any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special
discount,trip,favor,or service to a public servant in connection with the award of this Agreement.
D. Former Executive Head and Employees of the Agency. Grantee certifies that this
Agreement is compliant, and will remain in compliance during the Agreement term, with the
following Sections of the Texas Government Code: Section 669.003 (Contracting with Executive
Head of State Agency);Section 572.069(Prohibiting employment of state officers and employees
who participated in the procurement of services);and Section 2252.901 (Contracts with Former or
Retired Agency Employees).
E. Conflicts of Interest. Grantee certifies that neither it nor the personnel or entities employed
in rendering services under this Agreement have, nor shall they knowingly acquire, any interest
that would be adverse to or conflict in any manner with the performance of Grantee's obligations
under this Agreement. Grantee has a continual and ongoing obligation to immediately notify the
OOG in writing, upon discovery of any actual or potential conflict.
F. Corporate Franchise Tax. Grantee certifies that, if applicable, its Texas franchise tax
payments are current,or that it is exempt from,or not subject to,such tax.
G. No Claims. Grantee certifies that Grantee does not have any potential or existing claims
against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas.
H. Debt to State. Grantee acknowledges and agrees that,to the extent Grantee owes any debtor
delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement may
be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee
owes the State of Texas until the debtor delinquent taxes are paid in full.
I. Suspension/Deharment. Grantee certifies that Grantee and Grantee's principals are, to the
best of its knowledge and belief, not on the specially-designated nationals list or debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or
any resulting contract. Grantee certifies that it will not knowingly enter into any subcontract with
an entity who is, or whose principals are, on the specially designated nationals list or debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction. Grantee will ensure that this section regarding debarment, suspension, ineligibility,
and voluntary exclusion, and the specially-designated nationals list without modification in any
subcontracts or solicitations for subcontracts.
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J. Deceptive Trade Practices/Unfair Business Practices. Grantee represents and warrants that
it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17
of the Texas Business and Commerce Code, or allegations of any unfair business practice in any
administrative hearing or court suit and that the Respondent has not been found to be liable for
such practices in such proceedings. Grantee certifies that it has no officers who have served as
officers of other entities who have been the subject of allegations of Deceptive Trade Practices
violations or allegations of any unfair business practices in an administrative hearing or court suit,
and that such officers have not been found to be liable for such practices in such proceedings.
K. False Statements. By signature to this Agreement, Grantee makes all the representations,
warranties,guarantees,certifications and affirmations included in this Agreement. If Grantee signs
this Agreement with a false statement or it is subsequently determined that Grantee has violated
any of the representations, waranties, guarantees, certifications or affirmations included in this
Agreement, Grantee shall be in default under this Agreement and the 000 may terminate or void
this Agreement for cause and pursue other remedies available to the OOG under this Agreement
and applicable law.
L. Felony Criminal Convictions. Grantee represents and warrants that Grantee and its
employees who will perform services under this Agreement have not been convicted of a felony
criminal offense,or that, if such a conviction has occurred, Grantee has fully advised the OOG as
to the facts and circumstances surrounding the conviction.
M. Immigration. The Grantee shall comply with the requirements of the Immigration Reform
and Control Acts of 1986 and 1990("IRCA")regarding employment verification and retention of
verification forms for any individuals hired on or after November 6, 1986,who will perform any
labor or services in the United States of America under this Grant Agreement,if any,and the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996(`IIRIRA")enacted on September
30, 1996.
N. U.S.Department of Homeland Security's E-Verify System. Grantee certifies and ensures
that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S.
Department of Homeland Security's E-Verify system as required by Chapter 673 of the Texas
Government Code, and to determine the eligibility of:
a. All persons employed to perform duties within Texas,during the term of the Grant;and
b. All persons employed or assigned by Grantee to perform work pursuant to the Grant
Agreement,within the United States of America; and
c. If this certification is falsely made,the Agreement may be terminated.
0. Certification Concerning Hurricane Relief. The OOG is prohibited from awarding an
Agreement to any person who,in the past five years,has been convicted of violating a federal law
or assessed a penalty in connection with an Agreement involving relief for any disaster as defined
by Section 418.004 Texas Government Code occurring after September 24, 2005. Under Section
2155.006, Texas Government Code, Grantee certifies that it is not ineligible to receive the
Agreement and acknowledges that the Agreement may be terminated and payment withheld if this
certification inaccurate.
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P. Technology Access Clause. If applicable, Grantee will comply with the State of Texas
Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter
213 when such products are available in the commercial marketplace or when such products are
developed in response to a procurement solicitation. Likewise,if applicable,Grantee shall provide
the Department of Information Resources with the URL to its Voluntary Product Accessibility
Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements
(based on the federal standards established under Section 508 of the Rehabilitation Act),or indicate
that the product/service accessibility information is available from the General Services
Administration"Buy Accessible Wizard"(http://www.buyaccessible.gov). A company not listed
with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a
report that addresses the same accessibility criteria in substantively the same format. Additional
information regarding the"Buy Accessible Wizard"or obtaining a copy of the VPAT is located at
http://www.section508.gov/.
Q. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement,
Grantee represents and warrants that it will buy Texas products and materials for use in providing
the services authorized herein when such products and materials are available at a comparable
price and within a comparable period of time when compared to non-Texas products and materials.
R. Liability for Taxes. Grantee represents and warrants that it shall pay ail taxes or similar
amounts resulting from this Agreement, including, but not limited to, any federal, State, or local
income, sales or excise taxes of Grantee or its employees. The 000 shall not be liable for any
taxes resulting from this Agreement.
S. Israel. Grantee verifies that it: (I) does not boycott Israel; and (2) will not boycott Israel
during the term of this agreement.
SECTION 15. GENERAL TERMS AND CONDITIONS.
A. Independent Contractor Grantee or Grantee's employees, representatives, agents and any
subcontractors shall serve as an independent contractor in performing the services under this
Agreement shall not be employees of the OOG or the State of Texas.
B. Subcontracting. In the event that the Grantee should determine that it is necessary or
expedient to subcontract for any of the performances herein, Grantee understands and agrees that
it will be responsible to the OOG for any subcontractor's performance under this Agreement. In
no event shall this section or any other provision of this Agreement be construed as relieving the
Grantee of the responsibility for ensuring that performance under this Agreement, and any
subcontracts thereto,is rendered in compliance with all of the terms of this Agreement. If Grantee
uses a subcontractor for any or all of the work required, the following conditions will apply: (I)
The Grantee, in subcontracting for any performances specified herein,expressly understands and
agrees that subcontracting will be solely at Grantee's expense and the OOG shall not be liable in
any manner to the Grantee's subcontractor(s); (2) Grantee will be the sole contact for the OOG;
and(3)Pursuant to Chapter 2251 of the Texas Government Code,Grantee will make any payments
owed to subcontractors within ten(10)calendar days of Grantee's receipt of funds from the 000.
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C. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any attempt
to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not be
released from performing any of the terms, covenants, and conditions herein. Grantee shall be
held responsible for all funds received under this Agreement.
D. Records Retention. Records shall be maintained and made available to the 000 or its
authorized representatives upon request during the entire performance period of this Agreement
and until three (3)years from date of final payment by the 000 for the services provided under
this Agreement. In addition, those records relating to any dispute, litigation, or the settlement of
claims arising out of such performance, or costs or items to which an audit exception has been
taken,shall be maintained and made available to the 000 or its designee until completion of such
action and resolution of all issues which arise from it,or until the end of the aforementioned three
(3) year period, whichever is later. Failure to provide reasonable access to authorized 000
representatives shall give 000 the right to terminate this Agreement pursuant to Section 16 of this
Agreement,or any portion thereof,for reason of default.
E. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its
authorized representatives related to services provided under this Agreement. The OOG has the
authority to monitor, inspect, assess, and review the fiscal, contractual, or performance of the
Grantee with respect to the Agreement, including all information related to any services provided
under this Agreement or billed to the 000. Grantee will remedy in a timely manner, any
weaknesses, deficiencies, Agreement noncompliance, or audit exceptions found as a result of a
review by the OOG or its authorized representatives. Such remedy can include a refund or offset
of Agreement payments or any other appropriate actions deemed necessary by the 00G.
Acceptance of funds under this Agreement acts as acceptance of the authority of the State
Auditor's Office to audit or investigate the expenditure of funds under this Agreement or any
subcontract. Grantee will ensure that this clause concerning the authority to audit funds received
indirectly by subcontractors through Grantee and the requirement to cooperate is included in any
subcontract it awards.
F. Texas Public Information Act. Notwithstanding any provisions of this Grant Agreement to
the contrary, Grantee acknowledges that the State of Texas, 00G, and this Grant Agreement are
subject to the Texas Public Information Act, Texas Government Code Chapter 552, (the "Act").
Grantee acknowledges that the 000 will comply with the Act.
Grantee acknowledges that information created or exchanged in connection with this Grant
Agreement is subject to the Act,and Grantee agrees that information not otherwise excepted from
disclosure under the Act, will be available in a format that is accessible by the public at no
additional charge to the OOG or State of Texas. Grantee will cooperate with the OOG in the
production of documents or information responsive to a request for information.
Information provided by or on behalf of Grantee under, pursuant to, or in connection with this
Grant Agreement that Grantee considers proprietary, financial, or trade secret information
(collectively "Confidential Information") shall be designated as such when it is provided to the
0OG or State of Texas or any other entity in accordance with this Grant Agreement. The 000
agrees to notify Grantee in writing within a reasonable time from receipt of a request for
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information covering Grantee's Confidential Information. The 00G will make a determination
whether to submit a request for a ruling under the Public Information Act to the Attorney General.
Grantee agrees to maintain the confidentiality of information received from the OOG or State of
Texas during the performance of this Grant Agreement to the extent allowed by the Act,including
information which discloses confidential personal information particularly, but not limited to,
personally identifying information, personal financial information and social security numbers.
Grantee will notify the 000 within twenty-four(24)hours of receipt of any third party requests
for information that was provided to the Grantee by the 000 or the State of Texas.
G. Media Releases or Pronouncements. Grantee understands that the 000 does not endorse
any vendor, commodity good, or service. The Grantee, its employees, representatives,
subcontractors, or other agents may not issue any media release, advertisement, publication, or
public pronouncement which pertains to this Agreement or the services or project to which this
Agreement relates,or which mentions the 00G,without the prior written approval of the 000.
H. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE WILL
DEFEND,INDEMNIFY,AND HOLD HARMLESS THE STATE OF TEXAS,THE OOG,
AND ITS OFFICERS AND EMPLOYEES FROM ANY CLAIMS, ACTIONS, SUITS,
DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AM) LIABILITIES, INCLUDING,
WITHOUT LIMITATION, ATTORNEY'S FEES AND COURT COSTS CONNECTED
WITH ANY ACTS OR OMISSIONS OF GRANTEE OR ANY AGENT, EMPLOYEE,
SUBCONTRACTOR, OR SUPPLIER IN THE EXECUTION OR PERFORMANCE OF
THIS AGREEMENT. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE
TEXAS ATTORNEY GENERAL AS REQUESTED BY THE 00G. THIS PARAGRAPH
IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE
TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE OOG FOR ANY
CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR
OMISSIONS OF THE OOG OR ITS EMPLOYEES.
I. Intellectual Property. TO THE EXTENT ALLOWED BY LAW, THE GRANTEE
SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE 00G, THE STATE OF
TEXAS AND/OR THEIR EMPLOYEES, AGENTS,REPRESENTATIVES, GRANTEES,
ASSIGNEES, AND/OR DESIGNEES AGAINST ANY CLAIM OF COPYRIGHT,
TRADEMARK, OR PATENT INFRINGEMENT, OR OTHER INTELLECTUAL
PROPERTY INFRINGEMENT ARISING IN CONNECTION WITH THE
PERFORMANCES OR ACTIONS OF GRANTEE PURSUANT TO THIS AGREEMENT.
THE GRANTEE SHALL BE LIABLE TO PAY ALL COSTS, DAMAGES, AND
ATTORNEYS' FEES INCURRED BY THE OOG RESULTING FROM SUCH CLAIMS
INCLUDING ANY CLAIM FOR THE INFRINGEMENT OF ANY UNITED STATES OR
INTERNATIONALLY PROTECTED PATENTS OR COPYRIGHTS ARISING FROM
THE USE BY THE GRANTEE OR THE 00G,THE STATE OF TEXAS AND/OR THEIR
EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR
DESIGNEES OF ANY EQUIPMENT, MATERIALS, INFORMATION, OR IDEAS
EMPLOYED OR FURNISHED BY THE GRANTEE IN CONNECTION WITH THE
PERFORMANCES CALLED FOR IN THIS AGREEMENT
Page 12 of 27
J. Taxes/Workers' Compensation/Unemployment Insurance. GRANTEE IS FULLY
RESPONSIBLE FOR ITS OWN FEDERAL, STATE, AND LOCAL TAXES. GRANTEE
AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS
AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE
LIABILITY AND PAYMENT OF GRANTEE'S AND GRANTEE'S EMPLOYEES'
TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS
AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL
LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING
WAGES,TAXES,INSURANCE,AND WORKERS' COMPENSATION. THE OOG,THE
BANK AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO THE GRANTEE,
ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE
PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS'
COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR
EMPLOYEE OF THE 00G.
K. Tax Identification Information Required. As a prerequisite to the 000's ability to process
any payments to Grantee under this Agreement, Grantee shall provide the 000 with required tax
and payee identification information in the form of a completed "Application for Texas
Identification Number" (available on the Comptroller of Public Accounts' website at
http://www.window.state.tx.us/taxinfo/taxforms/ap-152.pdf).If Grantee has previously completed
the required documentation to obtain a Texas Identification Number (TIN) prior to the effective
date of this Agreement,Grantee may satisfy this requirement by providing the OOG with Grantee's
current TIN, name,and address to permit the OOG to verify registration in the TINS System with
the Texas Comptroller of Public Accounts.
L. Insurance.Unless otherwise noted in this Agreement,and to the extent that Grantee does not
have or maintain insurance or does not have or maintain sufficient insurance, Grantee
acknowledges and agrees that Grantee will be solely responsible for any losses or damages related
to or caused by the Grantee's performing its duties and obligations under this Agreement. The
OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related
to any such losses or damages.
M. Fraud,Waste and Abuse. Grantee understands that the OOG does not tolerate any type of
fraud, waste, or misuse of funds received from the 000. The OOG's policy is to promote
consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing
guidelines to enforce controls.Any violations of law,OOG policies,or standards of ethical conduct
will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware
of any allegation or a finding of fraud,waste, or misuse of funds received from the OOG that is
made against Grantee, Grantee is required to immediately notify the 000 of said allegation or
finding. Grantee is also obliged to inform the 000 of the status of any on-going investigations
regarding allegations of fraud, waste, or abuse. Grantee is expected to report any possible
fraudulent or dishonest acts,waste,or abuse to the OOG's Fraud Coordinator or Ethics Advisor at
(512)463-1788 or in writing to:Ethics Advisor, Office of the Governor,P.O.Box 12428,Austin,
Texas 78711.
Page 13 of 27
N. Saturdays,Sundays,Holidays. If the last or appointed day for the taking of any action or
the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a
scheduled State of Texas or national holiday,then such action may be taken or such right may be
exercised on the next succeeding business day that is not a Saturday, Sunday or holiday. A
schedule of State of Texas holidays is located at:
htto://www.hr.sao.state.tx.us/compensation/holidays.html
O. Applicable Law and Venue.This Agreement is made and entered into in the State of Texas.
This Agreement and all disputes arising out of or relating thereto shall be governed by the laws of
the State of Texas,without regard to any otherwise applicable conflict of law rules or requirements.
Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to
this Agreement shall be commenced exclusively in the Travis County District Court or the United
States District Court,Western District of Texas- Austin Division. Venue for any OOG-initiated
action,suit,or litigation arising out of or in any way relating to this Agreement may be commenced
in a Texas state district court or a United States District Court selected by the OOG in its sole
discretion.
The Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the
courts referenced above for the purpose of prosecuting and/or defending such litigation. The
Grantee hereby waives and agrees not to assert as a defense, or otherwise, in any suit, action or
proceeding,any claim that the Grantee is not subject to the jurisdiction of the above-named courts;
the suit, action or litigation is brought in an inconvenient forum; and/or the venue is otherwise
improper.
P. No Waiver of Sovereign Immunity. 000 is immune from suit and from liability.No part
of this Agreement, nor the conduct or statement any person, will be construed as a waiver of the
doctrines of sovereign immunity and official immunity,or of any of the privileges,rights,defenses,
remedies, or immunities available to the 000, and/or the State of Texas, and their officers,
employees,or agents as provided by law.
SECTION 16. TERMINATION.
A. Convenience. The OOG may,at its sole discretion,terminate this Grant Agreement without
recourse, liability, or penalty, against the 000, upon thirty (30) calendar days' notice to the
Grantee.
B. Cause/Default. In the event that Grantee fails to provide the agreed upon services according
to the provisions of this Agreement, or fails to comply with any of the terms or conditions of this
Agreement,the OOG may, upon written notice of default to Grantee, immediately terminate all or
any part of this Agreement. Termination is not an exclusive remedy,but will be in addition to any
other rights and remedies provided in equity,by law,or under this Agreement.
C. Rights upon Termination or Expiration. In the event that the Agreement is terminated for
any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual
allowable costs incurred up to the effective date of termination. Termination is not an exclusive
Page 14 of 27
remedy, but will be in addition to any other rights and remedies as provided in equity, by law or
under the Agreement. 000 will not be liable to Grantee or to Grantee's creditors for any costs
incurred subsequent to receipt of a Notice to Terminate or any unacceptable or disallowed costs as
determined by 000.
D. Notwithstanding any exercise by 000 of its right of early termination pursuant to this
section, Grantee shall not be relieved of any liability to 000 for damages due to OOG by virtue
of any breach of this Agreement by Grantee. 000 may withhold payments to Grantee until such
time as the exact amount of damages due to OOG from Grantee is agreed upon or is otherwise
determined.
E. In the event Grantee fails to comply with any provision as specified in this Agreement,the
Grantee may be liable for damages under this Agreement and barred from applying for or receiving
additional funding under the DEAAG program until repayment is made and any other compliance
or audit findings are resolved and/or any issue of non-compliance is cured to the satisfaction of
OOG pursuant to this section.
F. Grantee shall refund to OOG any sum of money paid to Grantee by 00G, which 000
determines is an overpayment to Grantee,or in the event 000 determines funds spent by Grantee
were not an allowable cost of this Project. No refund payment(s)may be made from local, state,
or federal grant funds unless statute or regulation specifically permits repayment with grant funds.
Such refund shall be made by Grantee to OOG within thirty(30) calendar days after such refund
is requested in writing by 000, or within thirty (30) calendar days of a notice from OOG
indicating the request is the result of a final determination that the refund is owed.
SECTION 17. AVAILABILITY OF FUNDS. This Agreement is subject to the availability and
receipt of funds appropriated by the Texas Legislature that the OOG has allocated to this
Agreement. If funds for this Agreement become unavailable during any budget period,the 000
may terminate this Agreement, without penalty, or reduce the amount of this Agreement at the
discretion of the 00G. Grantee will have no right of action against the OOG if the OOG cannot
perform its obligations under this Agreement as a result of lack of legislative appropriations in
amounts sufficient to fund any activities or functions contained within the scope of this Agreement.
SECTION 18. MONITORING. 000 or its designee may perform periodic on-site monitoring
of Grantee's compliance with the terms and conditions of this Agreement and of the adequacy and
timeliness of Grantee's performance. After each monitoring visit,OOG will provide Grantee with
a written report of the monitor's findings. If the monitoring report notes deficiencies in Grantee's
performances under the terms of this Agreement,the monitoring report shall include requirements
for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action
specified in the monitoring report may be cause for termination of this Agreement in accordance
with Section 16 of this Agreement.
SECTION 19. CONFLICT OF INTEREST
A. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the
selection, award, or administration of a subcontract supported by funds provided hereunder if a
Page 15 of 27
conflict of interest, real or apparent, would be involved. Such conflict of interest would arise
when: (1)the employee,officer,or agent; (2) any member of his or her immediate family; (3)his
or her partner;or,(4)any organization which employs,or is about to employ any of the above,has
a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall
comply with Texas Local Government Code,Chapter 171.
B. No employee,agent,consultant,officer,or elected or appointed official,of either Grantee or
of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a
position to participate in decision-making or gain inside information in regard to the activities
involved in the Project, shall be permitted to have or obtain a financial interest in or benefit from
the Project or any contract, subcontract or agreement with respect thereto, or the proceeds
thereunder,either for themselves or those with whom they have family or business ties.
SECTION 20. LITIGATION AND CLAIMS
A. Grantee shall give OOG immediate notice in writing of any action,including any proceeding
before an administrative agency, filed against Grantee arising out the performance of this
Agreement. Except as otherwise directed by OOG, Grantee shall immediately furnish to 000
copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee
shall notify 000 immediately of any legal action filed against the Grantee or any subcontractor,
or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such
notice to OOG within thirty (30) calendar days after receipt. No funds provided under this
Agreement may be used in the payment of any costs incurred as the result of any claims,
judgments,fines,or settlements.
B. 000 and Grantee acknowledge that they are governmental units of the State of Texas and
are subject to, and shall comply with,the applicable provisions of the Texas Tort Claims Act,as
set out in the Texas Civil Practice and Remedies Code,Section 101.001 et. seq.
C. Grantee acknowledges that 00G,the State of Texas, and their employees shall not be held
liable for any claims or causes of action whatsoever which may occur in the course of performing
the services described in this Agreement, or from the award, cancellation, or withdrawal of this
Grant.
SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to OOG prompt
written notice upon becoming aware or having knowledge of the occurrence of any event or
development that has, or would reasonably be expected to have, a material adverse effect on the
completion of the Project as described under this Agreement. Under no circumstances shall notice
under this section occur more than fifteen (15) calendar days following Grantee receiving
knowledge of such event or development.
SECTION 22. FORCE MAJEURE. Neither party shall be required to perform any obligation
under this Agreement or be liable or responsible for any loss or damage resulting from its failure
to perform so long as performance is delayed by force majeure or acts of God, including but not
limited to strikes,lockouts or labor shortages,embargo,riot,war,revolution,terrorism,rebellion,
insurrection,flood,natural disaster, or interruption of utilities from external causes.
Page 16 of 27
SECTION 23. DISPUTE RESOLUTION
A. Informal Meetings. The parties'representatives shall meet as needed to implement the terms
of this Agreement and shall make a good faith attempt to informally resolve any disputes.
B. Grantee's Continued Performance. Grantee shall not be excused from performance during
any pending dispute,unless approved in writing by the 000.
SECTION 24. CHANGES AND AMENDMENTS.
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by a written
amendment executed by both parties.
B. During the term of this Agreement, OOG may issue policy directives to establish, interpret,
or clarify requirements under this Agreement. Policy directives from 000 shall be binding upon
Grantee.
SECTION 25. SEVERABILITY.
In case any one or more of the provisions contained in this Agreement shall for any reason be held
to be invalid,illegal,or unenforceable in any respect,such invalidity,illegality,or unenforceability
shall not affect any other provision thereof and this Agreement shall be construed as if such invalid,
illegal,or unenforceable provision had never been contained herein.
SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete
expression of and constitutes the entire agreement between the parties hereto with respect to the
subject matter hereof and all prior and contemporaneous understandings, agreements, promises,
representations, terms and conditions, both oral and written, are superseded and replaced by this
Agreement.
SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be
construed,in all cases,according to its fair meaning. The parties acknowledge that each party and
its counsel have reviewed this Agreement and that any rule of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation
of this Agreement. Any vague,ambiguous or conflicting tents shall be interpreted and construed
in such a manner as to accomplish the purpose of the Agreement.
SECTION 28. HEADINGS. The headings of the sections and subsections of this Agreement are
inserted for convenience only and shall not be deemed to constitute a part hereof.
SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration,
termination or cancellation of this Agreement, the rights and obligations pertaining to repayment
of Grant funds and/or damages, limitation of liability, indemnification, public information,
reporting requirements,retention and accessibility of records,audit rights,rights upon termination,
and any other provision implying survivability shall remain in effect after this Agreement ends.
Page 17 of 27
SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be an original, but such
counterparts shall together constitute one and the same instrument.
IN TESTIMONY HEREOF, Grantee and OOG have executed this Defense Economic
Adjustment Assistance Agreement in duplicate originals,effective as of the last date contained on
the signature lines below.
OFFICE OF THE GOVERNOR CITY OF CORPUS CHRISTI
Chief of Staff or Designee Margie
3/Rollq a. as . IS
Date Date
ATTEST: 42-- ef. 'i2,
RE ECCA HUERTA
CITY SECRETARY _.
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Page 18 of 27
GRANT AGREEMENT BETWEEN
THE OFFICE OF THE GOVERNOR
AND
CITY OF CORPUS CHRISTI
TMPC 1801-01-05
EXHIBIT A
$2,734,700.00
TWO MILLION,SEVEN HUNDRED THIRTY-FOUR THOUSAND, SEVEN HUNDRED
AND 00/100 AMOUNT(DOLLARS).
Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for
actual and allowable allocable costs paid according to the following amounts and budget
categories:
Budget Category
Infrastructure—Purchase of property $0
Infrastructure-Professional &Consultant Services $354,650
Infrastructure—New Construction $2,075,000
Infrastructure-Rehabilitation and Renovation $0
Infrastructure—Capital Equipment' $180,000
Infrastructure—Capital Supplies' $0
Infrastructure—Facilities Insurance $0
Training Equipment' $0
Training Supplies' $0
Inspection and construction oversight(partial) $125,050
Total $2,734,700
Per UGMS,"Equipment"means an article of nonexpendable,tangible personal property having a useful life of
more than one year and a per unit acquisition cost of$5,000 or more,
'Id.
'Per UGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies.
Page 19 of 27
GRANT AGREEMENT BETWEEN
THE OFFICE OF THE GOVERNOR
AND
CITY OF CORPUS CHRISTI
EXHIBIT B
GRANT NARRATIVE
UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL
CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTSBUDGET
MODIFICATIONS,the following narrative provided by Grantee in its DATED grant application
applies to this Agreement:
Naval Air Station Corpus Christi Water Infrastructure Project
Construct and connect a new water pipeline on the north perimeter of the base to strategically
ensure resilient and redundant supply of water to Naval Air Station Corpus Christi's 41 tenant
commands and the 506 facilities that are critical to the base's mission.Were NASCC to suffer a
casualty to single point of delivery I6-inch diameter line(which is significantly corroded and
destined to fail),the entire operation on the base,would have to cease operations within 96 hours
due to the lack of water quality.
Page 20 of 27
EXHIBIT C
UNIFORM STATE GRANT ASSURANCES
The Grantee must assure and certify compliance with any and all applicable federal and stale statutes,
regulations,policies,guidelines and requirements, including, but not limited to,the Uniform Grant Management
Standards(UGMS);and Title 1,Part I, Chapter 4 of the Texas Administrative Code,that govern the application,
acceptance and use of Federal and State funds for this project In instances where multiple requirements apply
to a Grantee, the more restrictive requirement applies. By accepting the grant award,the Grantee certifies and
assures that it complies and will continue to comply with the following:
t. Grantee possesses legal authority to apply for the grant. A resolution,motion or similar action has been duly
adopted or passed as an official act of the applicant's governing body,authorizing the filing of the application,
including all understandings and assurances contained therein,and directing and authorizing the person identified
as the official representative,or their designee of the organization to act in connection with the application and to
provide such additional information as may he required. State agencies are not required to adopt a resolution.
2. A grantee must comply with Texas Government Code,Chapter 573,Vernon's 1994,by ensuring that no officer,
employee,or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the
employment of any person related within the second degree of affinity or the third degree of consanguinity to any
member of the governing body or to any other officer or employee authorized to employ or supervise such person.
This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a
period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer,
employee,or governing body member related to such person in the prohibited degree.
3. A grantee must insure that all information collected,assembled or maintained by the applicant relative to a project
will be available to the public during normal business hours in compliance with Texas Government Code,Chapter
552,Vemon's 1994,unless otherwise expressly prohibited by law.
4. A grantee must comply with Texas Government Code,Chapter 551,Vemon's 1994,which requires all regular,
special or called meeting of governmental bodies to be open to the public,except as otherwise provided by law
or specifically permitted in the Texas Constitution.
5. A grantee must comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is
in arrears on child support payments.
6 No health and human services agency or public safety or law enforcement agency may contract with or issue a
license,certificate or permit to the owner,operator or administrator ofa facility if the license,permit or certificate
has been revoked by another health and human services agency or public safety or law enforcement agency.
7 A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in
compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and
Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a
certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency
is in the process of achieving compliance with such rules.
e. 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 grantees shall
maintain an appropriate contract administration system to insure that all terms,conditions.and specifications are
met.
9 A grantee must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected
cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and
Regulatory Services.Grantees shall also ensure that all program personnel are properly trained and aware of this
requirement.
to. Grantees will comply with all federal statutes relating to nondiscrimination.These include but are not limited to:
(a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race,
color or national origin;(b)Title IX of the Education Amendments of 1972,as amended (20 U.S.C. §§ 168(-
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 and the
Americans With Disabilities Act of 1990; (d)the Age Discrimination Act of 1974,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(Pt.92-255),as amended,relating to nondiscrimination on the basis of drug abuse;(f)the Comprehensive
Page 21 of 27
Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended,
relating to the nondiscrimination on the basis of alcohol abuse or alcoholism;(g)§§ 523 and 527 of the Public
Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended,relating to nondiscrimination in the 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.
I Grantees will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C.§§276a to 276a-7),
the Copeland Act(40 U.S.C.§§276c and 18 U.S.C.§§874),and the Contract Work Hours and Safety Standards
Act(40 U.S.C.§§327-333),regarding labor standards for federally assisted construction subagreements.
12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970(P.L.91-646)which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all
interests in real property acquired for project purposes regardless of Federal participation in purchases.
13. Grantees will comply with the provisions of the Hatch Political Activity Act(5 U.S.C.§ 7321-29)which limit
the political activity of employees whose principal employment activities are funded in whole or in part with
Federal funds.
14. Grantees will 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.
15. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protections Agency's(EPA)list of Violating
Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director
of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration
for listing by the EPA.(EO 11738).
16. Grantees will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection
Act of 1973,Public Law 93-234.Section 102(a)requires the purchase of flood insurance in communities where
such insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing
and Urban Development as an area having special flood hazards.
17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L.
91-190) and Executive Order (BO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to CO 11990;(d)evaluation of flood hazards in floodplains in accordance with
EO 11988;(e)assurance of project consistency with the approved State management program developed under
the Coastal Zone Management Act of 1972(16 U.S.C.§§ 1451 et seq.);(I)conformity of federal actions to State
(Clear Air)Implementation Plans under Section 176(c)of the Clear Air Act of 1955,as amended(42 U.S.C.§
7401 et seq.); (g)protection of underground sources of drinking water under the Safe Drinking Water Act of
1974,as amended(P.L.93-523);and(h)protection of endangered species under the Endangered Species Act of
1973,as amended,(P.L.93-205).
19. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic
properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.).
20. Grantees will comply with the Laboratory Animal Welfare Act of 1966(Pt.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.
21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.)which
prohibits the use of lead-based paint in construction or rehabilitation of residential structures.
22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the
Texas Department of Health as required by the Texas Health and Safety Code,Ann.,Sec.85.001,et seq.
23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which
prohibits smoking within any portion of any indoor facility used for the provision of services for children as
defined by the Act.
24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal
tax forms.
Page 22 of 27
25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders,
regulations and policies governing this program.
26. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for
participation in federal assistance programs.
Page 23 of 27
EXHIBIT D
QUARTERLY PROJECT STATUS REPORT
[PROJECT NAME]
TMPC 1801-01-05
Expenditures for Quarter Ending(DATE)
Expenditures Description
Percentage of Project Completed:
Summary of Expenditures to Date:
Quarter Ending Expenditures
Brief Narrative Explaining Expenditures:
Project Status:
Grantee's Duly Authorized Representative: Date:
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EXHIBIT E
PROJECT COMPLETION REPORT
[PROJECT NAME]
TMPC 1801-01-05
Locality:
DEAAG Grant Number:
Percent Completed:
The GRANTEE has successfully completed,and in a satisfactory manner,the PROJECT. The
purpose of the grant was to GRANT PURPOSE.
The total cost for the project is as follows:
•Project Total $
•Total $
The following is a brief project scope summary:
This is to certify that an inspection of 100%of the completed project described below was
conducted on the_day of ,20_.
Contracts were entered into for PROJECT between the GRANTEE and the following
subcontractors: [SUBCONTRACTORS.]
This is to further certify that any and all Equipment included as part of the grant budget has been
purchased with the specified grant purpose,timeline,budget, and all addenda, change orders,and
supplemental agreements thereto.
NAME OF GRANTEE:
Signature of Grantee's Duly Authorized Representative
Print Name
Title
Date
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Exhibit F
DEAAG PROJECT IMPACT REPORT
Project Name:
DEAAG Grant Number:
Grantee Name:
Address:
Telephone: Fax:
Contact Person: Email:
Time Period Covered by Report: to
Project Performance Measures:
• Create,retain, or train_Jobs by the completion of the project
• Project Description:
• Project Address:
Jobs Created
Active Full Time
Time Period Jobs Created,Retained or
Students Trained
EX. 01/12—03/12
Total
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Breakdown of Jobs Created
Job Type Jobs Created or Retained Total Jobs Created
This Reporting Period to Date
Direct Permanent Jobs
Indirect Permanent Jobs
Individuals Trained
Total
Businesses assisted or created this period:
Businesses assisted or created to date:
Project Financial Impact
• Narrative summary of Impact:
• Update on current Project Status(include curriculum updates):
THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN
THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE
GRANTEE.
FOR THE GRANTEE:
Signature
Print Name
Title
Date
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