HomeMy WebLinkAboutContract 42781-GA1 CITY slicm,
p Texas Department of Public Safety
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City of Fort Worth
R famr nce/Encurnbrance o:
Curate of Award:March 3,,2014 Prepared By: H itfieldlr Bryan 3.SAIA►Award Number: 11-G 27000-12
Ole font Name �Federal Grant � m tiora
Federal Grant Tittle: Homeland Security Grant Program l-lSGP
Urban Area :security,Initiative Program UA.St
Mayor Betsy Price Federal Grant Award Nu mber: EM'W-2011-SS-00019
City of Fort Worth Federal granting Agency: Department of Homeland Security FEMA
1000 Throcl morton Grant Programs Directorate
l ost forth, TX ''6102-6311
Gate Federal Grant Awarded to TxDPS: October 7', 2011
CFDA: 97.067
Awa Amo nt find bra"t`Bur lid n
Grant Period:
UASI L TP
$1.18551400.00 Sep 1, 2011 May 30, 2014
The SAA must receive all inviloicies by the eind of grarlit I er
7.Statutory Authority for Grant:The Department of Defense and Full-Fear Continuing Appropriations Act 2011 (Public Law 112-10),
and Section 2003 of the Homeland Security Act of 20,02, as amended l bly section 101 of the Implementing Recommendations of the 9/11
Commission Act,6 U.S.C. 604.
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8. Method of Payment: Primary method is reimbursement.
9 C ebar ent 'SuspMen: ioan Certification,:The Su.ub-recipient certifies that the sub-recipient and its contractors/vendors are not rM
debarred,su ended proposed , declared ineligible or voluntarily excluded by any federal department or�agiency and do
suspended, p
ed for dlebarrnent
not appear in the Excluded Parties List System at http://www.epis,.gov/epls/search.do
ArovaWA
Approving TxDPSl Official: Signature owf'TxDPS,Official:
chele Pharr
Deputy Assistant IDirector
Texas HIme,lan Security
Sital,te Administrative Agency
Texas Department" of Public Safety
"C ;t � r
understood r d agriee to this m l Reci i t Agi,elemerit and the attacheld Terms i i
Print name and title of Authorized Suib-Recipient official: Signature of Sub-Recipient Official:
Dries W. Daniels
Assistant City Manager
Enter Employer Identification,Number(E'INl)l or � ��0 bate Signed
Federal Tax Identification Number.
751-6000,528 7,14-'l
i
April 17, 1.4 Si w a award ur wr beforj�-tfi due datel.
0000
r �Ty
201 1 TERMS AND CONDI'TIONS
�7In
'r structions.m
The Sub-recipient must.,
1. Fill in;the information and sign the Sub-Recipient Award,
2. Certify they have read and understand'the Terms and Conditions by initialing the bottom of each pa,ge.
3. Fill in the information located on Page 4.
4. Certify to the statements provided in Exhibits A,Bl,C and D located at the back of this document by filling in contact infonnation
and signing all exhibits.
5. Return all documents to the DPSITHSSAA on or blefolre the date provided in the transmittal letter andlor in the agreement.
FwUu to 2uh-aciaLraAmemot
This Sub-recipient Agreement(includes the Sub-recipient Award and the Terms and Conditions) is made and entered into by and between
the Department of Public Safety/Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter
referred'to as"'DPS/THSSAA,"and the funds recipient, hereinafter referred to as the"Sub-reci,pien,t." Furthermore, DPS/THSSAA and the
Sub-recipient,are collectively hereinafter referred to as the"Parties." The Sub-recipient Agreement is only an offer until the Sub-recipient
returns the signed copy of the 2011 Sub-recipilent Agreement on or before the date provided in the transmittal letter and/or in the
Sub-recipient Agreement Award.
.dub-recipient may not assign or transfer any interest in this Sub-recipient Agreement without the express,, prior written consent of the
DPSITHSSAA.
QY&MeW 2adT9dQ[=n_C9-Stai2dards
All allocations and use,of funds under is grant must be in accOrdance with the 1"Y 201 11 Grant Prlog arn Guidance for thie Federal
Grant Title specifield on the Sub-recipient Agreement Award.All award Sub-recipients,are required to,have read, understood,and
accepted the FY 2011 Grant Program Guidance as binding.
�taadaLd_of Be[fgrMaUQp The Sub-recipient shall perform all activities and projects entered into the DPS/THSSAA web,-based grants
management system which were approved by the THSSAA.The Sub-recipient shall perform all activities in accordance with all terms,
provisions and requ,irements set forth in this Suib-recipient agreement, Terms and Conditions and the following Exhibits located at the end of
this document:
1. Assurance—Non-Construction Programs, hereinafter referred to as"Exhibit A"
2. AssuranceConstruction Programs, hereinafter referred,to as"Exhuibit B"
3. Certification, hereinafter referred to as"Exhibit C"
4. Assurance—From UGIVIS§_.14 hereinafter referred to as"Exhibit V
UjJW,rg Jo Ee In the event the Sub-re�cipient fails to implement the projects)entered:into the DPS/THSSAA,web-based grants
management system, or comply w ith any of this Sub-recip:ient,agreement's provisions,, in addition to the remedies specified in this
Sub�-recipient agreement, the Surecilpient is liable to DPS/THSSAA for an amount not to exceed the award:amount of'this Sub-recipient
agreement and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other federal program funds
ad;min,istered by DPS/THSSAA until repayment to DPS/THSSAA is made and any other compli�ance or audit finding is satisfactorily
resolved. Failure to timely implement projects may reduce future funding in additional,DHS/FEMA grant programs administered,by the
DPS/THSSAA.
DPLIMSSAA ObIlgilfion
Meg§urg ia -reci�plie,nt for any costs incurred by the Sub-,recipient that are not allowable
of LLJilitv. DPS/THSSAA shall not be liable to the Sub,
costs.,
Sijb-rggj2ie.nt Agreg.migal Funds Defiped pnd Limit gf l l ity. The term"'Sub-recipient agreement funds"as used in this Sub-recipient
agreement means funds provided by DPS/T'HSSAA under the DHS/FEMA grant programs. The term"Sub-recipient's funds"or match funds
as used in this Sub-recipient agreement means funds provided by the Sub-recipient.
Notwithstanding any other provision of this Sub-recipient agreement,the total of all payments and other obSub-recur gaio incurred by
DPS/THSSAA under this Sub-rZpient agreement shall not exceed the Total.Award Amount listed on the pient Award.
Sub-recipient shall contribute the match funds listed on the Sub-recipient Award.
Exo§s Pgymenta. The Sulb-recipient shall refund to D,PS,/THSSAA any sum of Sub-recipient agreement funds that has been paid to the
Sub-recipient by DPS/THSSAA or that DPS/THSS determines,has resulted,in overpayment to the Sub-recipient or that DpsrrHSS,AA
determines has not been spent by the Slub-recipient in accordance with this Sub-recipient agreement. No refund payment(s)may be made
from local,, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The
Sub-recipient shall make such refund'to DPS/THISSAA within thirty(3 0)days,after DPS/THS,SAA requests such refund.
Initial e4e� Date 045411/Z Z1111L
Page 2 OF 18
lugDension,
In the event the Sub-recipient fails to comply with any of this Sub-recipient Agreement"s terms, DPS T'HSS may, upon written notification
to the Sub-recipient, suspend this dub recipieAnt agreement in whole or in part,withhold payments to the Sub-recipient and prohibit the
Sub-recipient from incurring additional obligations of Sub--recipient agreement funds.
in n
P" T Ste` 'lei ht T in e. 1�1 �TH��" shall have the right to ternriinate this dub-recipient agreement, in wwhole or in part at any
time before...the ends of the Performance period, whenever P
/THSS determines that the Sub-recipient has failed to comply with any of
this,Sub-reci p lent C Agreement's terms. PSIT SS shall notify the,Sub-recipient in writing,prior to the thirtieth Goth)day preceding the
termination of such determination and include-
1. the reasons for such termination;
2. the effective date of such termination; and
3. in the case of partial termination, the portion of the Sub-recipient agreement to be terminated.
.Appeal may be made to the Deputy Director of Homeland Security, Department of Public Safety.
En.f.gMMeaL
In taking an enforcement action, the awarding agency will provide the sub-recipient an opportunity for such hearing, appeal, or other
administrative proceeding to which the sub-recipient is entitled under any statute or regulation applicable to the action involved.
c Of LaLeres-t
No employee, officer or agent of the sub recipient shall participate in selection, or in the award or administration of a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved,.
Mgni W
Sub-recipients will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project
goals,objectives, performance requirement, timelines,milestone completion, budget,and other related program criteria are being met.
D,PS/THSS'AA or its authorized representative reserves the right to perform periodic desk/office-based and/or on-site mon,itvrin of the
Sub-recilpient's compliance with,this Sub-recipient agreement's terms and conditions and of the adequacy,and timeliness of the
dub-recipient's,performance pursuant to this Sub-recipient agreement. ,After each monitoring visit, IMPS/TH, S shall provide the
Sub-'recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub-recipient°s performance
under this Sub-recipient agreement's terms, the monitoring report shall include requirements for the timely correction of such deficiencies by
the,dub-recipient. Failure by the Sub-recipient to take action specified,in the monitoring report may be cause for this Sub-recipient
agreement's suspension or termination pursuant to the Suspension and/'olr Termination Section.
Aydi
-Awt gf Federal jind The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of
Su'b-recipient agreement funds received and performances rendered under this,dub-recipient agreement as required by the Single, ud'it.
Act Circular 133;44 C.F.P. 13.26)1. The "ub-recipient will also comply, as applicable,with:Texas Government Code, Chapter
7831 1 T C 5.141-et. seq. and the Uniform Grant l" anagernent Standards 1 IV1S , Mate Uniform Administrative Requirements for Grants
and Cooperative Agreements.
dit. The Sub-recipient shall give the United i States Department of Homeland.security H'S ,the comptroller General of the
United States,the Texas Mate Auditor, DPSI/THSISAA, or any of their duly authorized representatives, access to and the right to conduct a
received and performances rendered' u agreement.,
financial or compliance audit of dub-recipient agreement funds under this dub-recipient �
The Sub-reciplient agrees to permit DPS/THSSAA or its authorized representative to audit the S'ub-recipients records. The sub-recipient
shall provide any documents, materials or information necessary to facilitate such audit.
ub-r i ien' . i i for leis lowrw d sts. The Sub-recipient understands and!agrees than it shall be liable to PSITHSS for any
costs disallowed pursuant to financial compliance audlit s of Sub-recipient agreement funds. - understands
p al and cone Tian g s. The Sub-recipient further
and agrees that reimbursement to Dpi/rHSSAdA of such disallowed costs shall be paid by the "ub recipient from funds that were not
provided or otherwise made available to the Sub-recipient pursuant to this Sub-recipient agreement or any other federal contract.
- i ' itation of 6udil. The Sub-recipient shall take such action to facilitate the performance of such audit(s)conducted
pursuant to this Section as'DPS[THSSAA may require of the Sub-recipient. The Sub-recipient,shall ensure t concerning the
that this clause co
authority to audit funds received indirectly by subcontractors through,the Sub-recipient and the requirement to cooperate is included in any,
subcontract it awards.
0ho-r-Rea humank
A. During the p p maintain an Emergency Management plan
erforrmance period of � �� jurisdictions must t, Sub-recipient o prescribed b
this gran p government�u
at the Intermediate Level of planning preparedness or higher, as p es y the Texas Division of Emergency Management(T EM)l..
This may be aucc+ompilished by a jurisdiction maintaining its own emergency management plan or participating in an inter-jurisdictional
q Sub-recipient government
emergency y management program that meets the required standards.. if��Fl �identifies deficiencies,in the
jurisdictio'n's plan, Sub-recipient will correct deficiencies within bo days of receiving notice of such deficiencies from TDEIVI,
Initial deVOCI late 09s, 17*
Page 3 OF 18
B. Projects identified in the DPS/THSSIAA web-biased grant management system must identify and relate to the goals and objectives
indicated by the applicable,approved project investments for the period,of performance oi the grant.Sub-recipient will submit its project
I
plans, narrative and'budget to DPS/THSSAA and FEMA(if required) for approval, prior to expending or req,uesting advances of any funds
I
for this award. During the performance period,of this grant, Sub-recipient agrees that it will participate in a legally-adolpted county and/or
reg�ional m�utual aid agreement.
C. During the performance period,the Sub-relcipient must be a registered user of the Texas Regional Response Network(TRRN) (or other
response asset inventory management system specified by DPS/THSISAA)and miust identify all major resources such as vehicles and
trailers,equipment costing$5,01010 or more, and specialized team,s/response units equipped and/or trained using grant funds(i.e. hazardous
material,d�eiconta m i nation, search and,rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make g�rant
funded resources available to other jurisdictions through mutual aid.
D. Sub-irecipients must submit Fiscal Year 2010 Indirect Cost Allocation Plan siglined,by Cognizant Agency. "Cognizant agency"means the
Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under 2
C,FR Part 22,15,on behalf of aill Federal agencies. OMB plubl:ishes a�,listing of cogniizant agencies. Plan should be forwarded to the
DP,SfTHSSAA.
E., Reigioinal Planning Comm issions/'Counci I of Governments(CIOGs,)will follow guidelines listed in the DPS/THSSAA FY2011 COG
Statement of Work.
F. Sub-iriecipient acknowledges that FEMA National,Preparedness Directorate reserves a royalty-free, nion:-exclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for government purposes* (1)the copyright in any work
developed'under an award or subi-iaward-i and (2)a,ny rights of copyright to which a recipient or Sub-recipient purchases ownership,with
Feideiral support. The subi-recipient agrees to consult with DPS/THSSAA regarding the allocation of any pateint rights that arise from,or are
purchased wilthi, this funding,.
Clig,siong thig Grant,
A. The Subi-recipient must have expended all grant funds,and submitted expenditure reimbursement requests and any invoiices by the end
of the performance period listed on the sub-recipie,nt agreement.
B. DPSfTHSSAA will close a sub,-award,after receiving,Sub-recipient's final performance report indicating that all approved work has been
completed and all funds have been d�isbursed, completing a review to confirm the accuracy of the reported information, and reconciling
actual costs to award modifications and payments. If the close out review and reconciliation indicates,that the Sub-recipien�t is owed
add�itional funds, DPS/THSSAA will send the final payment automatically to the Sub-recipient. If the Subi-recipient did not use aill the funds
received, DPS/THSSAA will issue a Grant Adjustment Notice(GAN)to recover the unused funds. Subi-recipient will retuirn the funds to the
DPS/TH,SS,AA within 30 days of receiving the GAN.
C. At the completion of the sub-recipient's performance period, DPS,/THSSAA will de-obligate all uncommitted/unexpeinded fu�nds.
Ho iss imers and Ngtic-es,
ldctimls. DO la"
A. In cases,where local funding is,established by a COG or UASI governing board,the release of funds by DPS/THSSAA is contingent
upon funding allocation approval by the governing board.
B. Notwithstanding any other agreement provisions,the!parties hereto u1nderstand and agree that DPS/THSSAA's obligations under this
agreement are contingent upon the receipt of aidequiate funds to meet DpsrrHSSAA's liabilities,hereunder, except as required by HSGP
grant. DPS/THSSAA shall not be liable to the Sub-recipient for costs under this Agreement which exceed the amount specified i�n the
Sub-recipient Award.
C. All notices or communication required or permitted to be given by either party hereundier shall be deemed,sufficiently given if mailed by
registered mail or certified mail, return rece,ipt requested, or sent by overnight courier, such as Federal Express or Loan Star, to the other
party at its respective address set forth below or to a, Point of Contact listed for the sub-recipient in the DPlS/THSSAA Grants Management
System.
DPSITHSSAA Contact Information Sub-Recipilent Contact Information
(Please F1114n Clontact Information bellow)
MW .1i I.illff
D Deputy Assistant Director, Namei Juan Ortiz
Texas Homeland Security State Admin. Agency Title- Em�eirgein�cy Management Coordinator
,,Texas Department of Public Safety Agency* City of Fort Worth,
lAddress- 1000 Throckmorton St.
P.O. Box 4087'
Austin,TX 78773-01220 Fort Worth, TX 761012
A
Uniform Administrative Requirements,, Cost Prinic'als and'Audit Requirements
IP
Except as specifically modified by law or this Su�bi-relcipient agreement's provisions,the Sub-recipient shall administer the award through
compliance with the most recent version of aill applicable Laws and Regulations. A non-exclusive list is provided beillow.
A. Administrative Requilrements
1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and,Cooperative Agreements to State and Local Governments;
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
11
Other Non-Profit Organizations(OMB Circular,A-1 10).
3. 44 CFR Part 110, Environmental Coins,ide rations
Initial C�e� Date 193 0 l7re
Page 4 OF 18
B. Cost Principles
1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments(OMB Circular A-87)
2. 2 C.F.,R. Part 220,Cost Principles for Education Institutions(OMB Circular A-,21)
3. 2 C.F.R. Part 230, Cost Principles for Non-Profit Organizations(OM B Circular A-1,22)
4. 48 CFR 31.2, Federal Acquisition Regulations(FAR), Contracts,with Commercial Organizations
C. Aud,it,Requirements—OMB Circular A-133,,Audits of States,Locall Governments and Nion-Profit Organizations.
D. Grant Guidance
'The sub-recipient agrees that all'a,llocations and use of fund's under this grant will be in accordance with the applicable FY2011 Grant
Program Guidance and application kit and supplemental resources,eg., for Homeland Security Grant Program currently available at
http-//www.fema.gov/txt/gove�rnment/grant/201 1/fyl 1,_hsgp_kit.txt-,for Regional Catastrophic Preparedness Grant Program,,
hftp-'//www.fema.gov/txt/goverriment/grant/201I 1/fyl 1—rcpgp_kit.txt;for Emergency Operations Center Grant Program
h�ftpl-//www.fema.go�v/�txt/government/ rant/201 1/fyl 1 eoc kit.txt; and Nonprofit Security Grant Program
9 — — 0 1
hftp://www,.fema.gov/txt/governm�ent/grant/201 1/fy1 1—nsgp_kit.txt.
Ubbyino Embibl'ted,
Sub-Recipient understands and agrees that it cannot use any federal fuinds, either directly or indirectly in support of the enlactmlent, repeal�,
modification or adoption of any law, regulation, or pollicy, at any level of government,,w�ithiou,t the express prior written approval of FEMA.
Eny Urnmentat_&
The Sub-recipi�ent, as soon as possible upon rece�iving their grant award, must provide information to DPS/THSSAA to assist with the
legally-required environmental planning and historic preservation(EHP)review and to ensure compliance with applicable EHP laws and
Executive Orders(E,O)currently using the FEMA EHP Screening Form OMB Number 1660-01 15/FEMA Form 0124-0-01 and submitting it,
with all supporting documentation,to DPS/THSSAA for review., These EHP requirements include but are not l'imited to National
Envi ron mental,Policy Act, National H iist,oric Preservation Act, Endangered Species Act, EO, 11988—Floodplain Managerne nt:, EO 11990
Protection of Wetlands, and EO 128�98,—Environmental Justice. The recip,ient must comply with all Federa,l, State, and local Ell
requirements and obtain applicable permits and clearances. See FEMA Information Bulletin 329.
Recipient shall not undertake any written activity from the project that would result in ground disturbance, facility modiificatioln, oir purchase
and use of sonar equipment without the prior approval of FEMA,. These include but,are not,limited to communications towers,physical,
security enhancements involving ground disturbance, new construction,and modifications to buildings that are 50 years old or older.
Recipient must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes
to an approved project description w�ill require re-evaluation for compliance with EHP requirements before the project can proceed. If
ground disturbing activities occur during project implem�entation,the recipient must ensure monitoring of ground disturbance and if'an,y
potential archeological resources are discovered,the recipient will immediately cease construction in that area and notify FEMA and the
appropriate State Historical Preservation Office. Initiation of these activities prior to completion of FEMA's EHP review will result in a,
non-�compliance finding and may not be eligible for grant funding.
R I I
,glenition and A_pSg_jg,`bCA(V of Regg
Retentio gf Recgrd§. The Sub-reci,pient shall maintain fiscal records and supporting documentation for all expenditures of Sub-recipient
agreement funds pursuant to the applicable OMB Circular, 44 CFR Section 13.42, UGMS§_A2, and this Sub-recipient agreement. The
Siub-recipient shall retain these records and any supporting documentation for a minimum of three(3)years from the later of the completion
of thils,project's,publ�ic objective, submiss�ion of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for 3
years after any real estate or equipment final disposition.The DHS or DPIS/THSSAA may direct the sub-recipient to retain documents or to
transfer certain records to D�HS custody when DHS1 determines that the records possess long term retention value.
6cces§1 lo Becgfk. The Sub-recipie!nt shall give the U�nited States Department of Homeland Security (DHS), the Comptroller General of the
United States,the Texas State!Auditor, D,PS/THS�SAA,, or any of the�ir dully authorized representatives, access to and the right to examine all
books,accounts, records, reports, fi�les, other papers,things or property belong�ing to or in use by the Sub-recipient pertaining to this
S,ubi-recipi,enit agreement including,records,conice,rnling the,past use of DHS,/FEMA funds. Such rights to access shall continue as long as the
records are retained by the Sub-recipienit. The Sub-recipient agrees,to maintain such records in an accessible location and to provide
citizens,reasonable access to such records consistent with the Texas,Public Information Act,Texas Government Code Chapter 5512.
Inclusion in SuLcontracts. The Sub-recipien:t sha:ll include the substance of the Retention of Records and Access to Records sections in all
subcontracts.
Aft2r Aclign Rgpo1:Lna,, The Sub-recipient shall complete, deliver to the appropriate source,, and retain:copies of all after-action and
certificates of completion for all training and exercises paid for by this grant.
Leaal Auth rit''�
19igogIgLy 6WJb2LLU. The Sub-recipient assures and guarantees that the Sub-recipi,ent possesses,the legal authority to enter into this
Sub-recipien,t agreement,, receive Su:b-recipient agreement funds and to perform the services the Su,b-recipi,ent has obligated itselfto
perform pursuant to this Sub-recipient agreement.
AWJhg[izgJ Re Eeseptatiye, The person or persons,signing and executing this Sub-recipie�nt agreement on the Sub-recipient's behalf'd,o
warrant and'guarantee that he, she or they have been duly authorized by the Sub-r,ecipient to execute this Sub-recipient agreement on the
Sub-recipient's behalf and to validly and legally bind the Sub-recipient to all contractual terms,, performances and provisions.
Initial eze� Date
Page 5 OF 18
Qgn_fliQjLjp RggUiLgMgnta. If conflict exists between federal, state,, or local requirements,the sub-recipient shall comply with the strictest
requirement.
Ngfi!2e. pt Lifigg.&A and.Clia
The Sub-,recipie�nt shall g�ive DPS/THSSAA immed�iate notice in writing of any action, in�clud,ing any pro�ceeding,before an administrative
agency,filed against the Sub-recipient arising out of the performance under this Sub�-recipient agreement.
Except as,otherwise directed by D�P'S�/TH�SSAA,the Sub-r�ecipient shall furnish im,m�ediately to D�P,S/T'HSSAA copies olf all documentation or
p�le�adlings,received by the Sub-recipient with respect to such action or clairn,,
N.Qn-.WA1*ve,r,.gf DgAfWk,
,ANY FAILURE OF DPS/THSSA&ATANY TIME,1 TO ENFORCE OR REQUIRE THE STRICT KE'EPING AND PERFORMANCE OF ANY
PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION,AND WILL NOT AFFECT'OR IMPAIR
SAME OR THE RIGHT OF DPS/T'HSSAA AT ANYTIME TO AVAIL,ITSELF OF SAME,., A WAIVER DOES NOT BECOME EFFECTIVE
UNLESS,DPS/THSSAA EXPRESSLY AGREES TO SUCH WAIVER,IN WRITING. ANY PAYMENT BY DPS/THSSAA SHALL NOT
CONSTITUTE A WAIVER OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY XQLABLE TO
DPS/THSSAA TO ENFORCE ITS RIGHTS,AS SUCH RIGHTS, POWERS, PRIVILEGES,,AND,REMEDIES ARE SPECIFICALLY
PRESERVED.
h2demutv
0
AS PERMITTED BY LAW, SUB-RECI,PIENT SHALL INDEMNIFY, DEFEND AND HOLD DPS/THSSAA AND THE,STATE OF"rEXAS
(INCLUDING ITS DIRECTORS,, COMMISSIONERS, EMPLOYEES,AGENTS AND THEIR SUCCESSORS),("IND,EMNI;TE,ES,")HARMLESS
FROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT OF'OR RESULT FROM SUB-REC,IPIENT:S NEGLIGENCE(ANY
AND ALL), FAULT,ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF A,NY'STATE OR
FEDERAL LAWAND/OR REGULATION,AS WELL AS ANY VIOLATION O,F'A,NY MATTER MADE THE BASIS,OF A TREATY AND/OR
CONVENTION AND/OR AGREEMENT BETWEENTHE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS,; DAMAGES;
LIABILITIES; PENALTIES;TAXES; FINES; INTEREST, EXPENSES(INCLUDING,WITHOUT LIMITATION,ATTORNEYS,FEES, COURT
COSTS, INVESTIGATION COSTS,AND ALL,DIRECT OR INDIRECTCOSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY
CLAIM, LAWSUIT, OR,OTHER PROCEEDING, INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR
ALTERNATIVE DISPUTE RESOLUTION);ANY AND ALL DAMAGES, HOWEVER,CHARACTERIZED, SUCH AS DIRECT GENERAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND,(INCLUDING LOSTREVENUES OR
PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA)ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO
THIS AGREEMENT OR THE RIGHTS PROVIDED THEREIN.
IN A,NIY'AND ALL CLAIMS AGAINST ANYOF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB-RECIPIENT OR ANY EMPLOYEE
OF ITS SUBCONTRACTOR(S),THE IN DEM NI F1 CATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY
BY THE AMOUNT OR TYPE OF DAMAGES,, COMPENSATION,OR BENEFITS PAYABLE BY'OR FOR THE SUB-RECIPI!ENIT OR ANY
OF ITS SUBCONTRACTOR(S)UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABI LITYB E,NEF ITS ACTS, OR OTHER,
EMPLOYEE BENEFITS ACTS.
SUIB,-RECI'PIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL,FOR THE STATE
OFTEXAS AS REQUESTED BYTHE DPS/THSSAA. IN ANY SETTLEMENT, SUB-RECIPIENT MUST NOT MAKE ANY ADMISSION OF
LIABILITY ON THE PART'O,F ANY OF THE INDEMNITEES.
THIS SECTION SHALL NOT BE CONSTRUED,TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION'OR
RIGHT WHICH ANY'OF THE INDEMNITEES HAVE BY LAW OR EQUITY.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
-0-han es.and.AmendMents,
Mgdjhgatiop. FEMA or the DPS/THS�SAA may change the award document after an award has been made. Once notification has been,
made in writing,any subsequent request for funds indicates,sub-recip�ien't 1,s,acceptance of the changes to the award.
V[i.ggn&nq -recipient agreement's terms, such as changes,to period,of performance
, ,pd=nt. Alterations, additions,or de�letions to this Sub
,and award amounts, will be made through Grant Adjustment Notices generated by the DPS/THSSAA web-based granits management
system and executed by the Parties.,
AUjh,gLLty to During the period of this Sub-recipient agreement 11 s performance DPS/THSSAA and/or,F'EMA may�i,ssue piolicy
directives that serve to establish,, interpret or clarify this Sub-recipient agreement's performance requirements. Such policy dlirecti�ves sihaill
be promulgated by DPS/THSSAA or FEMA in the form ofinformation Bulletins and Su�b-recipient M�nuals and shall have the effect,of
qualifying this Sub-reicipient agreement s terms and shall,be bi�niding upon the Suib-recipient as if written in the Sub-recipienit a,grelemen�t.
Effect of Qibg,ago i12,Eg�eral gad Stjjj.Q Ljayys, Any alterations,additions,or d!el�etionis to the Subi-reciplient,agreement's,terms that are
required by the changes in federal and state laws or reguilations are automatically incorporated into this,Sub-rec,ipien't aigreementwi�thout
written amendment to th�is,Sub�-recip�ient agreement and,sh�aill become effective on the date designated by such law or,reglulat,ion. In the
event FEMA or DPS/TH�SSAA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and coindliti�oinisi, recipients will be notified of the changes,in writing. Once,notification has been
made,any subsequent request for funds will indicate subl-recipient acceptance ofthe changes to the award.
Initial &"V& Date e,45 o /7o'
Page,6 OF 18
ripp§Unas
Headings and captions of this Sub-recipient agreement
sections and paragraphs are only for convenience and reference. These headings
and captions shall not affect or modify this Sub-recipient agreement's terms or be used to interpret or assist in the construction of this
Sub-recipient agreement.
Vent'
For purposes of litigation pursuant to this Sub-recipient agreement,venue shall lie in Travis County, Texas, and be governed by Texas Law.
Other " l CginjIfitigas
Sub-recipient confirms its data Universal Numbering�Systems, Number(!�' number listed on the dub-reca ie�nt
agreement award. Data UJnaversal Niurnberin System DUNS number means nine (DUNS) as the
r rum
ea �the nine digit number established and assigned b Gun and
Bradstreet, Inc., at 705-5711 or hftp-//fedgov.dnb.com/Webform.
n r i i I Idgntifier it
n Sub-�reci ient maintains that it has registered ern www,.ccr.gov, and
entered PS/THSSAA-re uir+ d information. Sea SAA Information Bulletin. Sub-recipient will keep current, and than reviewer and update the
CCR information at least annually" at the beginning of,September of each gear. Sub-recipient will beep information currant in Central
g financial report or receives final grant award payment.
Contractor Registration database until)the later of when it submits this rant" anal tin.
on r
acto ancu�a
Sub-recipient agrees that it w all not make any s ubaward agreement or contract related t o this award withou t first obtaining the
vendor subawwrardee"s mandatory DUNS S num.ear. See section.210 of 01MB Circular A-133,Audits of States, Local Governments, and
Non-prolfit Organizations.
Re o!jin,g To oma a ion f b-r ien Fx cutiveFI� 132 ; see FFIw Information Bulletin 35 Information Bulletin.
1.applicability and what to report. Sub-recipient must report whether Sub-recipient received 25 million or more in Federal procurement
contracts or financial assistance subject to the Transparency Act per 2 CFI ; 170.320. Sub-recipient must report whether 0%or more of
Sub-recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub-recipiient answers
`" es"' o both questions, Sub-recipient must report, along with Sub-recipient"s DUNS number„the namues and total compensation (see 1 .
229.402(c)(2))for each of the Sub-recipient's five most highly compensated executives for the preceding completed fiscal year.
2.Where and when to report. Sub-recipient mint report executive total compensation at)yMLggrg2X. By signing this agreement
Sub-recipient is certifying that" if required, Sub-recipient's Jurisdiction has already registered, entered the required information, and agrees to
beep information in the Central Contractor Registration rtion database current" and update the information at least annually at the beginning of
September for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub-recipient
agrees that it wwilll not make any subawward agreement or contract without first obtaining the suwbavward'ee's mandatory DUNS number.
Prgy-isions, All contracts executed under this award,will contain the contract provisions listed under 44 CFR 13.3 ' b , Uniform
Administrative Requirements for Grants and Cooperative Agreements to Mate and local Governments.
No ion racts with Debarred or us endpd Pa,rtiQs. Prior to contracting with any,vendor or subawwardee, the,Sub-recipient will determine
whether the vondor/subawwardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal)
department and agency and will confirm the vendor/subawwardee does not appear in the Excluded Parties List System,currently at
.epls.gov. search.do.
Direct De_Dgait. Since September 1, 2011 Sub-recipient has either forwarded or is currently forwarding to DPS an updated direct deposit
form currently available a ri - Snub-recipient may simultaneously sign up for the
Advance Payment,Notification email feature which provides state of Texas payees,with a one-business-day advance notice that a direct
deposit payment has been sent to their financial institution.After receiving an APP, payees may securely access their payment details online.
I iar Hof Qgalacts. Within 30 days of any change„ Sub-recipient will enter, confirm, and/or correct the chief elected official, program,
and/or financial points of contact in the DPS/THSSIAA grant management system.
. publication in any magazine,journal,or trade
I� �.u�V All publications produced as a�result of this funding,which are submitted for ub is
paper shall car�the followin g. "This material is based upon work su pp orted by the!U.S. Department of homeland Security. The views and
conclusions contained in this document are those of the authors and should not be interpreted as,necessarily representing the official
policies,either expressed or implied" of the U.S. Department of Homeland Security.to
Quarterly l rm�a o The sub-recipient will submit performance an progress
reviews per 'S1TH Sm and/or FE MA's
g g
direction. Currently st reports are s management system. For Homeland�e� Grant Program, emergency
' p I the rant Security enters into
Operations Center Grant Program, Regional Catastrophic Preparedness grant Program and Non-profit awards performance reports are,
currently due on each January 20, aprul 20, duly 20 and October � l report aS a r quarter after the end of Sub-rec
i
ients
Performance period. Failure to timely complete performance rp ort ill resu l t in the Sub-recap ent being unable to request additional
rei rra bu rse m e ntsladva noes.
In ion. Some information and materials provided pursuant to or resultiing from this Award may be export
controlled, sensitive, fo r official use only or otherwise,se protected by law,,executive order or regulation. The sub-recip dent is responsible for
compliance with all applicable laws,and regulations.
Initial! Date 03m,
Pagie 7 OF 1
SggWEily it n .. Sub-recipients of this award shall use their own security(procedures and protections to protect Sensitive Information
received or distributed under this Award.,The sub recipient shall also establish procedures to provide reaso�nab�le assurance that no
Sensitive Information p ! security procedures should include procedures e.g.,security
will be developed or generated under this award., such�
check forms, type of background check/investigations performed necessary)and requirements for successful adjudication of the type of
background check/investigations performed)to e = i h suitability of i - . . '
orrme
� .. w .. d term net su tabilit of sub rec�paents personnel requiring re�cu�rranq ������to
government facilities or access to Sensitive Information e security procedures a y proposed
.
Non-Disclosure� r h � on rovaded under award.I�co of �� and an
Agreement for a sub-reci cents'personnel s all be submitted to the S I�SS within two 2 weeks after signing this
a reernent. The sub-recipient will be notifies of sure concerns that may be identified once the security procedures are forwarded and
reviewed b DIES. p "p
Sen§Jitive 10formisItign,Work under this award may involve access to Sensitive Information from the Federal Government. Therefore, the
sub-recipient shall not disclose, orally or in writing, any Sensitive Information to any person unless authorized in writing by the DH,S,Grants
Officer. Further,,the sub-recipient shall ensure that Sensitive Information is protected in such a manner that it is safeguarded from public
disclosure in compliance with local, state or Federal laws and with sub-recipient's security procedures. For those sub-recipient personnel
authorized access to Sensitive Information,the sub-recipient must ensure that these persons receive training concerning the protection and
disclosure of Sensitive Information both during and after the period of performance.
EMhIic.10issemiLQJ[gn of Sensiti InfQrmgt1on.,The sub-recipient will notify the DPS/THSSAA of any workshops, conferences, seminars,or
other public venues at least 100 days before presenting any potentially sensitive information regarding this project. No Sensitive
Information may be presented by the sub recipients"personnel without DPS/THSSAA and DHS Grants Officer's review and prior written
approval.
n
i g l .The sub-recipient shall inform the THS,S, 's Deputy Assistant Director in writing within two 2 days of the
sub-recipient bean
made aware of any security concerns with individuals having access to government facilities or sensitive Information. In
the event that Sensitive Information is divulged in violation of sub-recipient's security procedures, the sub-recipient,will immediately notify
the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action.
Site i " The C l-I aund or ICI I I ` tharough aauthori ed representatives, as tl e right, act all reasonable tirmaes to awake site visits to
review project,accomplishments and management control systems and to,provide such technical assistance as may be required. If any...site
visit is made by the DS on the premises of the sub-recipient, or a contractor under this Award, the sub recipient shall provide and shall
require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives
in the performance of their duties. All site visits and evaluation,shall be performed in such a manner that will not unduly delay the work.
I n_Endo rsealQnt, The sub-recipient shall obtain the respective,agency's prior written
approval before using either agencies seal. Funding of this Award does not equate to endorsement of use of funding agencies'seals.
Initial iaal Date Pg*Z7 141--Page 8 OF 18
Elit&kd&j�
1) Irilffigking,In PiersQo�a[ld CgMMprcia1 SgA 6,cl Prghibijiop,
a), Provisions,applicable to a sub-�reciplienit that is a private entity.
i) A sub-irecipient and/or the sub-irecipient's,employees, may not*
(1�) Engage in severe forms of trafficking in persons during the period of timie that the award'is in effect,
(2) Procure a commercial sex act during the period of time that the award is in,effect- or
(3) Use forced labor in the:performance of the award'or sub-award under this award.
ii) DPS/THSSAA or F'EMA may unilaterally terminate this award,without penalty, if the sub-ireciplient,that is a private entity:
(1) Is d'etermiine�di to,have violated a,prohibition in paragraph I a of this award term-or
(2) Has an empl��ye�e who is Ztermined by an agency official authorized to terminate the award to have violated a prohibition of this
award term through conduct that is,either,
(a) Associated with performance under this awar& or
(b) Imputed to the sub-irecipient using the standards,anid due process for imputing the conduct of an individual to an oirgani�zation that
are provided in 2 CFR Part 180, "OMB Guidelines to,Ag�enic�ies,on,Government Debia,rmenit and Suspension(Non-procurement),ti as
implemented at 2,CFR,Part 3000.
b) Provisions,applicable to a sub-recipient,that is not a private entity�.
i) THSSAA,may unilaterally terminate this award,without penalty, if t'he su,b-reci:pien�t*
ii) Is determined to have violated a prohibition in paragraph l'a of thii�s award term, or
iii) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicaib�le
prohibition in paragraph ail of this award term through conduct that is either-
(1) Associated with performance under this award; or
(2) Imputed'to,the subi-recipient using the standards and due process,for imputing the conduct of an individual to an organization that
are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government Debarment and Suspension (Non-procurement),)1 as
implemented at 2 Cli Part 3000.
C) Provisions applicabile to any recipient-
i�), A Sub-�reci�pient must inform the DPS/THISSAA immediately of any,information it received from any source alleging a violation ofa
prohibition in paragraph al of this award term.
ii) DPS/THSSAA,s right to terminate unilaterally is,described in lb or 2 of this section.
(1) Implements section 106(g)of the Trafficking Victims,Protection Act of 20010(TVPA), as amended (22 U.S.C. 7104(g)),and
(2) Is in addition to all other remedies for non,colmpili�a nice that are available!to DiPSITHSAA,under this award.
iii�) Sub-re!cipient must include the,requirements,of 1 a of this award term in any sub-award the sub-recipient makes to a private entity.,
d) �Definitilons.For purposes of this award term-
i) "Employee"means either*
(1) An individual employed by a subi-recipient who is engaged in the,performance of the project or piro�gram under this awar& or
(2) Another person enigag�e�d in the performance of the,project or pirog�ram under this award and not compensated by Sub-recipient,
including, but not limited to,a,volunteer or individual w�hose services are contributed by a third party as an in-kind contribution toward cost
sharing or matching requirements,.
ii) "'Forced laboC means labor obtained by any of thefollowing methoids.- the recruitment, harboring,transportation, provision, or
obtaining of a p�ers,oin for labor or services,through the use of�forc,e, fraud, or,coercion,fo�r the plu�rploisie of'subjectioni to,i�nvolunitary servitude,
peonage,debt,, biondage, or,silavery.
iii) "Private entity"means,
(1) Any entity other than a Sitiate, local government, Indian Tribe, or foreign public entities, as those terms,are defined in 2 CFR 175.25.
(2) Include&
(a) A non-proifit organization, including any nonprofit institution of hiighier eidu�ca,tion, hoisplital, or triba,l organization other�tha,n one!
included in the definition of Indian Tr�ibe at 2 CF'R 175.25(b).
(b) A for-profit organization
iv) "Severe forms of trafficking in persons,""commercial sex act,"and"coercion" have the meaning given at section 103 of the TVPA, as
amended(22 U.S�.C. 7102).
2) Qlas�jfigd
a) "Classified national security information"as defined in Executive Order,(EO) 12958, as amended, means information that has been
determined pursuant to,EO, 12958 or any pire!de�cessioir order to,require protection against unauthorized disclosure and is marked to indicate
its classified status when in documentary form.
b) No funding under this award shall be!used to suip�port a contract, sub-award,or other agreement for goods or services that will include
access to classified national security information if the award recipient has not been approved for that access to such,information
c) Where an award reciplien�t has been approved for and has access,to classified national security inifoirmiation, no funding under this
award sha,ll be used to support a contract, sub-,award, or other agreement for goods or,services that will include access to classified national
security information by the contractor,sub-a:lwardee,or other entity without prior written approval from,the DHS Office of'Security, Industrial
Security Branch Program (ISBP), or an appropriate official within the Federal department or agency with whom the classified effort wilil be
performed.
d�) Such contracts, su�b-�awardsi, or other agreements shall be processed and administered in accordance,with the DHS," Standard
Operation Procedures, Classified Contracting by States and Local Entities,"dated July 7, 2008:-, EO's 12829, 129591 12968, as amended;
the National Industrial Security Program Operating Manu�al(NIS'POM);and/or other applicable implementing directives or instruction. All
security requirement documents are cur�rently located at-hftp*,//www�.d,hs/'gov/xiopnb�iz/grants/indlex.shtm,.
e,) Immediately upon,determination by the award,reciplient that funding under this award will be used to support,such a,contract,
sub-award, or other agreement, and prior to execution of any action to facilitate the a,cqu�isition of such a contract sub-award, or other
agreement,the award recipient shall contact ISPB, or theappropiriate Federal department or agency, for approval and'processing
instructions. D,HS Office of Security ISPB contact informatiom, Telephone:202-447-53416, Email- D254Adminisi�trati'�veSi��cujji,dhs,.,lglov
Mai[
Department of Homeland Security,Office of thie Chile,f Security Officer,AT'TN-ASD/Industrial Security Program Branch,Washington, D,C.20528
Initial Date
Page 9 OF IS
r r r r. r
The OPSG Saab-•recipient is, r hi u e rom obligating or expending Operation Stonegarden (O PSG) !ends provided through this award until
q . county r equivalent Operational Order Frag Operation Order with embedded estimated operational
each unique, specie or modified� n level
g pp g official email notice issued by FE MA removing this special programmatic condition.
budget has been reviewed and approved th�roui h an `�
the Operations Order approval process/structure is as folllow s: Operations Orders are submitted to 1)THE APPROPRIATE Customs and
Border Productions( BP)) Border Patrol B Sector Headquarters HQ upon approval by the Sector HQ, forwarded through the Border
Patrol Enforcement Transfer System (BPets)system to 2 the OPSG Coordinator, CBP BP Washington$ IBC and upon approval forwarded
to 3 Federal Emergency Management Agency FIE A), Grant Program Directorate(GP D), Grant Development and Administrative Division
8&A . Notification,of release of programmatic Fold will be sent by FEMA via email to the Texas Horneland Security State Administrative
Agency THSS with a copy to OP'SG Coordinator at CBPIBP HID,Washington DC.
mil r c r n r tit Pr o ra OCG n
The Subi-recipient is prohibited from obligating, expending or drawing down EOCGP funds provided through this award until the required
budget and budget narrative are reviewed and approved by FEMA and an official notice has been issued from FERIA,removing this special
condition.
Rea' nal Cata2trQQhic EaDargidness 9 c rant�" r r Condition
The Sub-recipient is prohibited from obligating or expending RCP GP funds provided through this award,until the required budget and budget
narrative are approved.by FEMA and this condition is rescinded. In addition,the Sub-recipient is prohiibited frorn obligating or expending
BCP' P fiends provided through this award until III-IS/FEI' A has provided signed approval of the project narrative and project plans to the
Sub-recipient.
Requiry,mgnt for r
Sub-reciplient shall allso comply with all other federal,state,and local l laws and regulations applicable to this Sub-recipient agreement's
activities and performances rendered by the dub-recipient including but not limited to the laws and the regulations promulgated in Texas
Government Code Chapter x"83, Uniform Grant and Contract Management Code: State Administrative Agency Information Bulletins,
currently available �� i� rl Texas Uniform Grants Management
Standards(UGMS)currently at vermor. t t . files tat -gr ntsa'? 1 o 2gg ,doc-and the State Administrative Agency
Sub-recipient Manual, currently available at
I
dub-reo.pi e n t�s m us t, in addition to the assurances and certifications comply and require each of its subcontractors employed
w in the
completion of the project to comply with all applicable statutes, regulations,executive,orders, Cw,�IB circulars,terms and conditions of the
award',and the approved application.
The Sub-recipient will follow Texas General Appropriations Act,Art. IX, section 4.05 which rewires conforming with.
a Texas General Appropriations Act,Art. I , Parts,2 and 3 of the General Appropriations Act, except there is no requirement for
increased salaries for local government employees;
b Texas Government Code section 556.004, 556,005, and 556.006 including not using any.money or vehiiclle to support the candidacy of
an y,p ers on for of . not infuencin g positively or
negatively the payment,ment, loan, or if to a person or political organization for a political
,
purpose, and not using grant funds to influence the p assa e or defeat of a legislative including not assisting with the fundlin g of a L,obb
l ist
a
or using grant funds to pay dues to an organization with a regiistered Lobbyist;
and 2113.101 including not uising grant funds compensate any employee who uses
c Teas government bode section 211 x.012 a i to co
p
g duty p recipient may not use grant finds to purchase an alcoholic beverage and may not pay or
alcoholic beverages on active du plus dub
reimburse any travel expense for an alcoholic beverage;
eras general Appropriations Act,Art. 1X, section n Bw13 requiring Sub-recipients to make every effort to attain key performance target.
levels ass ociated with this grant award, includin g performance,milestones milestone time frames,, and related performance reporting
requirements,* and
e General Appropriations Act„Art. IX,l section 7.01, 7.02, land 7.03 and Texas Government Code§2102.0091, including grants funds
may only be expended if the Sub-recipient timely completes and files its reports.
'lease fill in the appropriate information and sign-
Print,Name of Authorized Official Charles W. Daniels
Title Assistant City Manager
Bub-recipient Organization City of Fort Worth
,B` nature o A ithorizeEFOfficial Date
k
Initial elez date
Page 10 OF 18
EXHIBIT A
ASSURANCES,-NON-CONSTRUCTION PROGRAMS See Standard Form 424B
As the duly authorized representative of the sub-recipient, I certify that the sub-recipient-1
I
Has the legal'authority to apply for Federal assistance and the institut,ioina,l,managerial and financial capability(includingi funds sufficient
to pay the non-Federal share of project cost)to,ensure proper planning, management and completion of the project described in this
agreement.
2. Will give the Department of'Homeland Security,the Department of Public Safety, the Comptroller General of'the United States and, if
appropriate,the State,through any authorized representative, access to and the right to examine all records, books, papers,, o�r documents
related to the award; and will establish a proper accounting system in accordance with,generally accepted accounting standards or agency
directives.
3. Will estabilish safeguards,to pirolhiblit e�mpiloyee,s,from, using their positions for a purpose that constitutes or presents the appearance of
personal or organ�izational conflict of interest, or personal,glain.
4. Will initiate and complete the work within the applicable-time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel'Act of 19701(42 U.S.C. §§4728-4763);rellating 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(51 C.F.R. 91001, Subpart F).
6. Willi comply with,all,Federal statutes reilating to nondiscrimination.These include but are not'limited to., (a)Title V!of the Civil Rights Act
of 1964(P.L. 8:8-352)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)1,which prohibits di�scriminat,ion�ln the basis,of sex; (c)Section 504 of the
Rehabilitation Act of'1973, as amended(29 U.S.C�. §794),which prohibits dliscriminiation on the basis,o�f hanidicap:s� (d)the!Age
Discrimination Act of'1975, as amended(42 U�.�S.C. §§6101-61017),which prohibits dliscriminiation on the basis of age- (e);the Drug Abuse
Office and Treatment Act of 1972(P.L. 912-255), as amended, relating,to,no,nd i s,crimi,nation on,the bas,is of drug abuse,- (0 the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 197'0(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.
§§290dd-3 and 290iee-3), as amended, relating,to confidentiality of a,lcohol and drug abuse patient records; (h)Title VIII of the Civil Rights,
Act of 1968(42 U.S.C. §§36011 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)any other
nondliscrimination provis,ions in,the specific statute(s)under which agreement for Federal assistance is being mad�e;and, the
requirements of any other nondiscrimination s,tatute(s)which may apply to the application. 1 0)
7. Will comply,or has already c�ompilied,with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970(P.L.911-�646),which provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or feclerally-assisted programs. These requi,rements,apply to all interests in real property acquired for project
purposes regardless of Federal,participation in,purchases.
8. Will,comp,liy, as applicable,with provisions of the Hatch Act(5 U.S.C. §§1501-1508 and 732,4-732�18,),which limit the piolitical activities of
emp!loyees whose principal employment activities are funded in who�le or in part with,Federal funds,.
9. Wil comply, as applicable,with the provisions of the Davis-Baicon Act(40 U.S.C.§§276a to 276a:-7),the Copeland Act(40 U.S.C.
§276c and 118 U.S.C. §874), a�nd the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327-333), regarding labor standards for
I
federally-assisted c�oinstruction subi-agre:em,e nits.
101. Will comply, if applicable, with flood insurance purchase requirements of Section 10�2(a)of the Flood Disaster Protection Act o�f 19:73
(P.L.93,-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is$10,000 or more.
11. 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(EO)l 11514; (b)notification of
violating facilities,plursu�ant to EO 11738; (c)protection of wetlands pursuant to EO 11990- (d)evaluation of flood hazards in floodpilains,in
accordance with E,O 11988; (e)assurance ofproject 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
Plains under Section 176(c)of the Clean Air Act of 1955, as amended(42 U.S.C. §§7401 et seq.); (g)protection of undergrouind sources of
drinking water under the Safe Drinking Water Act of 19,74, as amended(P.,L. 931-523)" and, (h)protection,of endangered species under the
Endangered Species Act of 1 973�, as amended (P.L. 93�-205),
12. Will compily with,the Wild and Scen�ic Rivers Act of'1968(16 U.S.C. §§1271 et seq.)related to protecting components or potential
components of the,national,wild anid scenic rivers system,
13. VVJll ass,i,st the awarding:agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1,966, as amended
(16 U.S.C. §470), EO 11593(identification and protection of historic properties,), and,the Archaeological,and Historic Preservation Act of
197�4(16 U.S.C. §§469a-1 et s,eq.).
14. Will comply with P.,L. 9l3-348 regairding,the protection of human subjects involved in research, development, and related activities,
supported by thiis,award o�f'assistance.
15. Willi comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544, as amenidedl 7 U.S.C. §§2131 et seq.)perta,ining to the care,
handling, and treatment of warm blooded animals held for research,,te�achiingi, or other activities supported,by this award of assistance.
16. Will comply with the Lead-Blased Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohiblits the use of lead-based plaint
in construction or rehabilitation of residence structures.
117. Will cause to be performed,the required'financial and compliance auldits in accordance with the Siiniglie Audit Act Amendments of 1996
and OMB Circular No.A-133, "'Audits of States,, Local Governments, and Non-�Profit Organizations."
Initial 0�e 7,o,
Date 03 4-
Page 11 OF 18
18. VVillcomply with all applicable,re uire�ments of all other Federaal laws,executive orders, regulations,grant guidance,, and policies
governing this program.
Please fill in the appropriate information and sign.
Print N" ame of Authorized Official Charles W. Daniels
Title Assistant City Manager
Sub recipient Organization Cuts'of Fort Worth
31 7.
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Initial Date
Page 1 2 Of 18
EXHIBIT B
ASSURANCES-CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub-recipient, I certify that the sub-irecipieft-
1. Has the legal,authority to apply for Federal assistance, and'the instituti�on�a,l, managierial a,nid financial capability(including funds
sufficient to,pay the non-Federal share of project costs)to ensuire proper planning, management and completion of project described in this
agreem�eint.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General,of the United States and, if
appropriate,the State, the right to examine,all records, books, papers, or documents related to the assistance; and will establish a proper
accounting system i,n accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or changle the terms of the rea:ll property title or other interest in the site and facilities without
permission and instructions from the awarding agency.Will record the Federal awarding agency directives and wil,l include a covenant in the
title of real property,acquired in whole or in part with Federall a!ss,istan,ce funds,to assure nondiscrimination during the useful life ofthe project.
4. Will comply with the requirements of the assistance award�ing agency with regard to the drafting, review and approval of construction
plans and specifications.,
5� Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work
conforms withi,the approved plans and specifications and will furn,ish progressive,reports and such other information as may be required by
the assistance awarding agency or State.
6. Will initiate and complete the work within the applicabile time frame ailfter receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
8. Will comply,with the!Intergovernmental Personnel Act of 1,970 1(42 U.S.C.§§4728-4763)relating to prescribed standards,of 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).
9. Will comply with the Lead-Based Plaint Poisoning Prevention Act(42 U.S.C.§§4801 et seq.)which prohibits the use of lead-based pain
in construction or re�hablilitatioin of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination, These include but are not limited to: (a)Title VI of the Civi�l 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.iC. §§1681 168,3, and 1685-168,6),which prohibits discrimination on the basis of sex-, (c)Section 5104 of the
Rehabilitation Act of 1:973, 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.§§611011-�6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse,
Office and Treatment Act of 1972(P.,L. 912-255),, 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 oir alcohollism; (g)�§§523 and 527 of the Public Health Service Act of 191�2 (42 U.S.C.
§§290dd-3 and 290,ee 3), as amended,, relating to confidentiality of alcohol and d'rug abuse patient records; (hi)Title VIII of the Civil Rights
Act of 1968(42 U.S.C. §l§3601 et seq.)i, as amended, relating to, nondiscrimination in the sale, rental or financing of housing; (i),any other
nondiscrimination provisions,in the specific sta,tue(s)under which agreement for Federal assistance is being made; and 0)the requirements
of any othie,r nondiscrimination statue(s)which may apply to the agreement.
11. Will comply,or has already complied,with the requirements of Titles 11 and III of the,Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970(P.L.911-61461),which provide:for fa,i,r and equitable treatment of persons displaced or whose property is
acquired as a result of Federal and federally-assisted programs.These requirements apply to a�ll interests in, real property acquired for
project purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act(5 U�.S.C. §§1501-15081 and 7324-7328)which limit the political activities of employees,
whose principal employment activities are funded in wholle or in part with Federal funds.
13. Wili 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.�Cl.
§2761c and 18 U.S.C. §874),l and the Contract Work Hours and Safety Standards Act(40 U�.,S.,C. §§3127-333)regarding labor standards,for
federally-assisted construction sub-agreements.
14. Will comply with flood insurance purchase requirements,of Section 102(a)of the Flood, Disaster Protection Act of 1973(P.L. 93-234)
which requires recipients in a special flood:hazard area to participate in the program and to purchase fl'ood insurance if thel total cost of
insurable construction and acquisition is$10,0100 or moire.
15. 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(EO) 11514; (bi),notification of
violating facilities pursuant to,E0 11738; (c)protection of wetlands pursuant to EO 11 990�; (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.Sl.C. §§1451 et seq,.); (f)conformity offederal 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'endaingered species under the
Endangered Species Act of 1973, as amended(P.L. 93-205).
16. Will'comply with,the'ViVild and,Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.)related to protecting components or potential
components of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 19�66, as amended
(16 U.S.C.§470), EO 11593,(identification and protection of historic properties), and the Archaeological and Historic Preservation Acto,f
19174(16 U.S.C. §§469a-,l e�t seq).
Initial Date PAI
Page 13 OF 18
1 . Will cause t he 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 Organuizaticins.11
19. Will comply with all appilicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies
governing this program.
Please fill in the pi "ate information and sign..
Print Marne of Authorized Official Charles W. Daniels
Tith Assistant City Manager,
Sub-recipient Organization City of Fart Worth
Si aturfe otAuthorized Official Date
0 01
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Initial, Date 17* 14""
Page 14 OF 18
Exhibit C
Certifications
The dersi ned Charles W. Daniels
(print), as the authorized official of City of Fort Worth certifies the following
to the best of his/her knowledge and belief,
A. No Federal appropriated funds have been paid or wiwill be paid, by or on behalf of the undersigned,to any person for influencing or
influence an officer Member of Congress, an offi' employee of Congress, or an employee
or a le� o
er or employee of an agency, a'�e car or ems
attempting
rtbe'r of Congress in connection with the awarding,of any Federal contract,the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, of modification of any
Federal contract,grant, loan, or cooperative agreement.
B. If any finds other than Federal appropriated funds,have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency a Member of Congress, an officer fflcer or employee of Congress, or an employee or a Member
g operative agreement,the undersigned shall complete and submit 0 Congress in connection with tl�i�i�s Federal contract, rant loan, oagreement,
Standard Form-LLL Disclosure'of Lobb ing Activities, in accordance with its instructions.
C. The undersigned shall that the any g ua g e
o f this certification proh,ibiti g lobbying,g be included in the award documents for all
sub-awards at all tiers including subcontract,sub-grants,
and contracts under grants, loans, and cooperative agreements and that all
sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed
when this transaction was,made or entered into.. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352,title 31, U.S. Code.Any person who Bails to file the required certification shall be subject to a civil penalty of not
less than$10,0010 and not more than $100,000 for each such failure.
D. As required by Executive 49„ Debarment and Suspension„ and implemented at 2 C.F.R. Part 67, for prospective participants
rve rde'r
in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification).The Sub-recipient certifies that it
and its principals and vendors-
1. Are not debarred, suspended, proposed for debarment,declared ineligible, sentenced to a denial of F'ede'ral benefits by a State or
Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; ,Sub-recipients can:access
debarment information by going to l and the State Debarred Vendor List
.
2. Have not within a three- ear period preceding this agreement been convicted of or had a civil judgment rendered against them for
colmmission of fraud or as criminal offense in connection with obtaining, attempting to obtain, or performing a public Federal, State, or local)
transaction or contract under a public transaction; violation of Federal'or State antitrust statutes or commission of embezzlement,theft,
forgery,1 bribery,falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with,
commission of any of the offenses enumerated in paragraph(D')(2)of this certification; and
4.. Have not within a three-year period preceding this agreement had one or more public transactions(Federal, State, or local)
terminated for cause or default; or
5. Where the sub-recipient is unable to certify,to any of the statements in this certification, he or she shall attach an explanation to this
agreement. (Federal Certification),
F. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace supplant funds that have been
appropriated for the satire purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal
resources occurred for reasons other than the receipt or expected receipt of federal funds.
F. Sub-recipient must comply with 2 CFR Part 1:801 Subpart c as a condition of receiving grant funds, and sub-recipient must require such
compliance in any sub-grants or contract at the next tier.
G. Dru,g-free Workplace Acts as amended, 41 UJ.S.C. §701 et seq.--Requires the recipient to,publish as statement about its drug-free
workplace program and give a copy of the statement to each employee(including consultants and temporary personnel)who will be
involved in award'supported activities at any site where these activities will be carried oust.Also, place(s)where work is being perforated
under the award i.e.,street address,city, state, and zip'colde),must be,maintained on file. F# st notify the Grants Officer of
e�. T'he mu
any employee convicted of a v�iolaatio'n of a criminal drug statute that occurs in the workplace. For additional information,see 44 CFP Pant 17.
H. Sub-recipient agrees that it is not delinquent on any Federal debt.
1. Sub-recipient will comply with all applicable requirements of all other federal laws,,executive orders, regulations, program,and
administrative re ,uirerments policies and any other requirements governing this program..
Initial late
Page 15 OF 1
J. Sub,-recipieInt understands that failure to comply with any of the above assurances may result in suspension,termination or reduction of
grant funds.
Please fill in the appropriate in' "or mation and sign,.
Print Name of Authorized Official Charles W. Daniel,s
Title Assistant City Manager
Sub-recipient Organization City of Fort Worth
81 nature ofAuthorilie-TOWl'i-cial Date
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Initial Date
Page 1 6 OIF 18
EXHIBIT D
State of Texas Assurances
As the duly auth�o�rize�d representative of the sub-recipient,, I certify that the sub-recipient
1.Will comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the appl'icant"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,authori�zed 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.
2. 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, unless otherwise expressly prohibited by law.
3. Must comply with Texas Government Code, Chapter 551,which requires all regular, special, or called meetings of governmenta,l bodies to
be open to the public,except as otherwise,pro�vided,by law or specifically permitted in the Texas Constitution.
Texas Family Code,which prohibits payments to a person who is in arrears on child support payments.
4. Must compily w,ith Section 231.0106,
5.Wil�l not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the subigrantee is a
health,human services, public safety, or law enforcement agency and,the license, permit, or certificate has been revoked by,another health
and human services agency or public safety or law enforcement agency.
6. Must comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards,and Education pursuant to Chapter
17011,Texas,Occupations 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 if the siubgrantee is a law
enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7'.Will fol�low all assurances.,When incorporated into a grant award or contract, standard assurances contained in the apipl�ication package
become,terms oir conditions for receipt of'grant funds.Administering state agencies,and loca�l subrec�i�pients shalil maintain an appropriate
contract adm,inistration system to insure that all terms, conditions, and specifications,are met., (See UGMS Section .36 for additional
guidance on contract provisions),.
8. Must comply with the,Texas Fami�ly Code, Section 26:1.101,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. Subgrantees shall also ensure that all
progralm personnel are properly trained and aware of this requirement.
�9.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. §§1,681-1683,, and 1685-1686),which prohiblits,discrimination on the basis of sex; (c)Section 504 of the
Rehab iliitation,Act of 1973, as amended(29 U.S.C. §794),which prohibits discrimination on the ba,s,is 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(P.L. 92-255), as ame�nded, 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
amenided, 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. §§290dd-3 and 290,ee�-3�)1, as amended, relating to con,fidentiality of alcohol and drug abuse patient records; (h),Title V111
of the Civil Rights Act of 11968(42 Ul.S.C. §§�3601 et seq,.),, as amended, relating to nondiscrimination in the sale, renta,l, or financing of
housing (i)any other nondiscrimination prov�i,sions in the specific statute(s)under which applicatilion for Federal assistance is being made-
and(j):the requirements of any other nondiscrimination statute�(s)which may aipip,liy to the application.
10.Will comply, as applicable,with the provi I sions,of the D�avis,-�Baco,n 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 subagireements.
1,1,Will comply,with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 11970(P.L.
91-646),which provide for fair and equitable treatment of persons d,iisplaced:or whose property is acquired as a re�sult of Federal or federally
assisted programs. These requirements apply to all interests i,n real property acquired for project purposes regardless of Federal,
participation,in p�urchiasies.
12.Will comply with the provisions of the Hatch Political Activity Act(5 U.S.C.§§7321-29),which limiiit the political activity of employees
whose principal employment activities are funded in whole orin part with Federal funds.
13.Will comply with the minimum wage and maximium hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970,as appilicab,le.
14.Will insure that the facilities under its ownership, lease,or supervision which s,hal�l be utilized in,the accomplishment of the project are
not l,i:sted on the Environmental Protections Agency's(EPA)list of'Violating Facilities and that it will notify the Federa,l grantor agency of the
receipt of any communication from the Dlireictor 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 117'38).
Initial Date ew�*17
Page 17 OF 18
15.Will comply with the flood insurance purchase requirements of Section 1 ova of the Flood Disaster Protection Acct of 1973, Public La
93-23 . ,section 2
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 blousing and Urban Development as an area having special flood hazards.
16.Will comply with environmental standards which,may be prescribed pursuant to the following: a institution of environmental quality
control measures under the l" ational Environmental Policy Acct olf 1969 P.L.91..190)and,Executive Order ' 11514; b notification of
violating facilities pursuant 1738; c protection of wetlands pursuant to ECG 11990; d evaluation of flood hazards in flood loins i
nttoE � p p p n
accordance with EO 11 1,988- a 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 seg.); CO conformity of federal actions to State(Clear Asir) Implementation
Plans under Section 176 c of the Clear Asir Act o 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).
17.mill'comply with the Wild and Scenic Rivers Acct of 1968 16 U.S.C. §1271 et seq. related to protecting components or potential
components of the national wild and scenic rivers system.
18.Will assist the awarding agency in assuring compliance with Section 106 of the l` ationarl 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 Acct of
1974(16 Ul.S.0 .§§469a-1 et seq.).
19.Willi comply with the Laboratory Animal Welfare Act of 1966 P.L.89-544, as amended, 7" U.S.C. §§2131 et seem)pertaining to the care,
handling, and treatment of warm blooded animals held for research,teaching, or other activities supported by this award of assistance.
20.Will comply with the lead-Based Paint Poisoning Prevention Acct 42 U. .,C. §§4801 et seq.)which prohibits the use of lead-based paint
in construction or rehabilitation of residential structures..
21.Will comply with Public Law 103-277, also known as the Pro-Children Acct of 1994(Acct),which prohibits smoking within any portion of
any indoor facility used for the provision of services for children as defined by the Acct.
122.Will comply w�ith all federal tax laws and are solely responsible for filing all required state and federal tax forms.
3.Will comply with all aappllicable requirements of all other federal and state laws,executive orders, regulations, and policies governing this
program.
24. Certifies that is 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
9.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,Ain ., Sec.35.0101 w et seq.
Please fail in the appropriate ate n i n and sigm
Print Mamie of Authorized Official Charles W Daniels
Title Assistant City Manager
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Sub recipient Organization its of Fo o h
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Page 18 OF I