HomeMy WebLinkAboutPR 21984: PLANNING GRANT FOR BOAT LAUNCH AND FISHING PIER AT PLEASURE ISLAND VI rlh�^
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: May 31, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Chandra Alpough, Interim Director of Pleasure Island
RE: P.R.No. 21984—Agreement with Texas Parks and Wildlife Department for a
Planning Grant for Boat Launch and Fishing Pier at Pleasure Island
Introduction:
The intent of this Agenda Item is to request the City Council's approval of P. R. No. 21984
authorizing the City Manager to enter into a subaward agreement with the Texas Parks and
Wildlife Department for a planning grant for the repaving of the boat ramp and fishing pier
located at Pleasure Island funded through Sport Fish Restoration(Freshwater) Grant Program
with a grant match requirement of$36,788.00 for a total project cost of$147,150.00.
Background:
The boat launch and fishing pier at Pleasure Island has sustained severe damages over the
years. It is necessary to repave the 30-year-old Texas Parks and Wildlife boat launch and
parking lot to include proper drainage in order to enhance the adjoining public fishing area on
Lake Sabine. Pursuant to Resolution No. 19-142, the City Manager submitted an application
to Texas Parks and Wildlife Department for the repaving of the boat launch and fishing pier.
The City of Port Arthur was awarded a planning grant for the professional services needed to
assess the feasibility of constructing the boat ramp and fishing.
Budget Impact:
Funds for the required 25% match in the amount of$36,788.00 are available in the following
account: 152-60-415-8525-00-00-000 Project String PI0001-ENG
Recommendation:
It is recommended that the City Council approve P.R.No.21984 authorizing the City Manager
to enter into a subaward agreement with the Texas Parks and Wildlife Department for a
planning grant for the repaving of the boat ramp and fishing pier located at Pleasure Island
funded through Sport Fish Restoration (Freshwater) Grant Program with a grant match
requirement of$36,788.00 for a total project cost of$147,150.00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
P. R. # 21984
05/31/2021 ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBAWARD AGREEMENT WITH THE TEXAS PARKS AND WILDLIFE
DEPARTMENT TO ACCEPT A PLANNING GRANT IN THE AMOUNT OF
$110,362.00 FOR THE REPAVING OF THE BOAT RAMP AND FISHING
PIER LOCATED AT PLEASURE ISLAND FUNDED THROUGH SPORT
FISH RESTORATION (FRESHWATER) GRANT PROGRAM; WITH A
GRANT MATCH REQUIREMENT OF $36,788.00 FOR A TOTAL PROJECT
COST OF $147,150.00; FUNDING AVAILABLE IN ACCOUNT NUMBER
152-60-415-8525-00-00-000 PROJECT STRING PI0001-ENG
WHEREAS, pursuant to Resolution No. 19-142, the City Manager was authorized to
submit an application to the Texas Parks and Wildlife Department for the state boating access
program grant for assistance in the repaving of a boat launch fishing pier at Pleasure Island; and,
WHEREAS, the Texas Parks and Wildlife Department has awarded a planning grant for
the professional services needed to assess the feasibility of constructing the Port Arthur Boat
Ramp and Fishing Pier at Pleasure Island funded through Sport Fish Restoration (Freshwater)
Grant Program; and,
WHEREAS, the grant includes design, engineering and other pre-construction expenses
related to state/federal environmental and cultural/historical requirements associated with the
boat ramp and fishing pier; and,
WHEREAS, the City has the available funds for the required 25%match in the amount of
$36,788.00; and,
WHEREAS, it is deemed in the best interests of the citizens to enter into a subaward
agreement with the Texas Parks and Wildlife Department for the acceptance of a planning grant
for the repaving of the boat ramp and fishing pier at Pleasure Island in substantially the same
form as attached hereto as Exhibit"A"; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS:
P. R. #21984
05/31/2021 ca
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby authorizes the City Manager to enter into a
subaward agreement with the Texas Parks and Wildlife Department for the acceptance of a
planning grant for the repaving of the boat ramp and fishing pier located at Pleasure Island in
substantially the same form as attached hereto as Exhibit"A".
Section 3. That the City has the available funds for the required 25% match in the
amount of$36,78.00.
Section 4. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ, ADOP I ED AND APPROVED THIS day of , A.D., 2021, at a
Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES: (Mayor)
Councilmembers:
NOES:
Thurman"Bill"Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
P. R. # 21984
05/31/2021 ca
APPROVED AS TO FORM:
üe___a_ eized.e6
al Tizeno, sq.
City Attorney
APPROVED AS TO ADMINISTRATION:
Ron Burton
City Manager
jtafill!_
Chandra Alpough
Interim Director of Pleasure I and
APPROVED AS TO AVAILABILITY OF FUNDS:
K4_,v.
Kandy Daniel
Interim Director of Finance
/1 1 ( Ah,A
Clifton W'liams, CPPB
Purchasing Manager
Exhibit "A"
TEXAS PARKS AND WILDLIFE
Recreation Grant Agreement
Federal Planning Sub-Award
TPWD P.O. Number: 6108
Project Number: FD-TX-F-304-B-1
Sponsor Name: City of Port Arthur
Project Name: Port Arthur- Boat Ramp and Fishing Pier Park
Federal Award Identification Number(FAIN): F20AF11330
Sponsor Unique Entity Identifier: 137134909
Assistance Listings (Formerly CFDA): 15.605
Agreement Term / Period of Performance: 08/01/2020 - 02/28/2022
Federal Share: $110,362.00
Sponsor Share: $36,788.00
Total Project Cost: $147,150.00
SECTION 1 - PROJECT DESCRIPTION AND LOCATION
This subaward agreement(Grant Agreement) is entered into by the Texas Parks and Wildlife
Department(Department), and the City of Port Arthur(Sponsor). This sub-award is funded through
Sport Fish Restoration (Freshwater) Grant Program issued to the Department on 08/12/2020.
The scope of this Grant Agreement includes professional services needed to assess the feasibility of
constructing the Port Arthur- Boat Ramp and Fishing Pier Park. This includes design, engineering, and other
pre-construction expenses related to state/federal environmental and cultural/historical requirements
associated with the Port Arthur- Boat Ramp and Fishing Pier Park located at End of Lakefront Drive at Marina
basin, East boat ramp on Sabine Lake, Port Arthur, Jefferson County, Texas, 77640. GPS Coordinates:
29.866869/-93.922081
This sub-award is not for research and development.
SECTION 2 -SPECIAL CONDITIONS APPLICABLE TO THIS AGREEMENT
Subject to 2 Code of Federal Regulations 200.315, at closing of the Planning Grant, Sponsor shall be the sole
owner of the deliverables. Sponsor reserves the discretion to use the deliverables for the purpose of finally
designing and constructing an boating access facility whether or not it proceeds to enter into a construction
grant agreement with the Department. The agreement is contingent upon fund availability
SECTION 3 - PRE-AWARD INCURRENCE OF COSTS
The Sponsor shall be entitled to reimbursement of$ 22,000 in pre-award project planning costs incurred on or
after 01/01/2018. Such costs are allowable only to the extent that they would have been allowable if incurred
after the start date of the award and only with the prior written approval of the Department.
SECTION 4 -APPROVED INDIRECT COST RATE
City of Port Arthur-Port Arthur-Boat Ramp and Fishing Pier Park 1
N/A
SECTION 5 - KEY OFFICIALS
Key officials are essential to ensure maximum coordination and communications between the parties
and the work being performed. They are:
FOR TEXAS PARKS AND WILDLIFE DEPARTMENT:
Dana Lagarde
Director of Recreation Grants
4200 Smith School Road
Austin, Texas 78744
(512)389-8224
Dana.Lagarde@tpwd.texas.gov
Grant Manager:
Robin Kolton
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
(512) 389-8224
robin.kolton(a�tpwd.texas.gov
Grant Coordinator:
Robin Kolton
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
(512) 389-8224
robin.koltont7a tpwd.texas.gov
FOR PROJECT SPONSOR:
Official Point of Contact
Ron Burton
City Manager
444 4th Street
Port Arthur, Texas, 77640
(409) 983-8100
picportarthur(a aol.com
Project Coordinator
Chandra Alpough
director of parks and recreation
444 4th Street
Port Arthur, Texas, 77640
(409) 983-8100
chandra.alpough(a�portarthurtx.gov
Fiscal Contact
Chandra Alpough
director of parks and recreation
444 4th Street
City of Port Arthur-Port Arthur-Boat Ramp and Fishing Pier Park 2
Port Arthur, Texas, 77640
(409) 983-8100
chandra.alpough(a.portarthurtx.gov
SECTION 6 -AWARD AND PAYMENT
A. The Department will provide funding to the Sponsor in an amount not to exceed $110,362.00 for the
project described under Project Description and Location above and in accordance with the
Department-approved budget summary attached.
B. The Sponsor shall obtain prior approval from the Department for budget and program revisions, and
shall request reimbursement via payment in accordance with the most current version of the
Instructions for Approved Projects Recreation Grant Programs on form PWD BK P4000-1146.
C. In order to receive a financial assistance award and to ensure proper payment, it is required that
Sponsor maintain their registration with the System for Award Management (SAM), accessed at
http://www.sam.gov. Failure to maintain registration can impact obligations and payments under this
Grant Agreement and/or any other financial assistance or procurement documents the Sponsor may
have with the Federal government.
D. Expenses charged against awards under the Grant Agreement may not be incurred prior to the
beginning of the Grant Agreement and may be incurred only as necessary to carry out the approved
objectives, scope of work and budget with prior approval from the Department Key Officials. The
Sponsor shall not incur costs or obligate funds for any purpose pertaining to the operation of the
project, program, or activities beyond the expiration date stipulated in the award.
E. Indirect costs will not be allowable charges against the award unless specifically included as a line item
in the approved budget incorporated into the award.
F. The Sponsor must meet their cost share commitment over the life of the award. At least 25% non-
federal cost-share is required for costs incurred under this Grant Agreement.
SECTION 7 - MODIFICATION, REMEDIES FOR NON-COMPLIANCE TERMINATION
A. This Grant Agreement may be modified only by a written instrument executed by the parties.
Modifications will be in writing and approved by the Department and the authorized representative of
Sponsor.
B. Additional conditions may be imposed by the Department if it is determined that the Sponsor is
non—compliant with the terms and conditions of this agreement.
C. The Department may suspend program assistance under the project pending corrective action by the
Sponsor or pending a decision to terminate the grant by the Department.
D. The Sponsor may unilaterally terminate the project prior to the first payment on the project or within 90
days of the TPWD Approval Date, whichever occurs earlier. After the initial payment, the project may
be terminated, modified, or amended by the Sponsor only by agreement with the Department.
E. The Department may terminate the project in whole, or in part, at any time before the date of
completion, whenever it is determined that the Sponsor has failed to comply with the conditions of the
grant. The Department will promptly notify the Sponsor in writing of the determination and the reasons
for termination, together with the effective date. Payments made to the Sponsor or recoveries by the
Department under projects terminated for cause shall be in accord with the legal rights and liabilities of
the parties.
F. The Department or Sponsor may terminate grants in whole, or in part, at any time before the date of
completion, when both parties agree that the continuation of the project would not produce beneficial
results commensurate with the further expenditure of funds. The two parties shall agree upon the
termination conditions, including the effective date and, in the case of partial termination, the portions
to be terminated. The Sponsor shall not incur new obligations for the terminated portion after the
effective date and shall cancel as many outstanding obligations as possible. The Department may
City of Port Arthur-Port Arthur-Boat Ramp and Fishing Pier Park 3
allow full credit to the Sponsor for the State/Federal share of the non-cancelable obligations, property
incurred by the Sponsor, pending written receipt of the determination and the reasons for termination,
together with the effective date. Payments made to the Sponsor or recoveries by the Department
under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties.
G. Termination either for cause or for convenience requires that all funds provided by the Department be
returned.
H. If the Sponsor does not comply with provisions as set forth in the grant agreement and the Recreation
Grants Manual regarding both active project compliance and compliance at previously assisted grant
sites, the following actions may be taken:
1. The Department may withhold payment to the Sponsor;
2. The Department may withhold action on pending projects proposed by the Sponsor
SECTION 8 - CLOSEOUT
Sponsor will follow closeout procedures in the Instructions for Approved Projects Recreation Grant Programs.
SECTION 9 -TERMS OF ACCEPTANCE
By accepting funds under this grant, the Sponsor agrees to comply with the terms and conditions of this Grant
Agreement, and the terms and conditions of all attachments that are applicable to the Sponsor. Sponsor also
agrees to comply with assurances and certifications made in its approved grant application submitted via
Recreation Grants Online, and applicable federal statutes, regulations and guidelines. Sponsor agrees to
fulfill the grant in accordance with the approved grant application, budgets, supporting documents, and all
other representations made in support of the approved grant application.
Signature Authority
The person or persons signing this Grant Agreement on behalf of the Sponsor hereby warrant and guarantee
that they are duly authorized by the Sponsor to execute this Grant Agreement on behalf of the Sponsor and to
validly and legally bind the Sponsor to all the terms of this agreement.
Entire Agreement; Modifications Must Be in Writing
This Grant Agreement and each of its provisions will be binding upon the parties and may not be waived,
modified, amended or altered unless with prior written approval by both parties.
Venue; Governing Law
This Grant Agreement shall be governed by the laws of the State of Texas. The proper place of venue for suit
on or in respect of the Agreement shall be Travis County.
SECTION 10 —ATTACHMENTS INCORPORATED BY REFERENCE
The Federal regulations titled "2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards" are incorporated by reference into this Agreement (full text can be
found at http://www.ecfr.gov)
The following completed documents are attached to and made part of this Agreement:
Budget Summary
Certification Regarding Lobbying
Texas Assurances for Federal Sub Awards
Federal Grant Agreement
Instructions for Approved Projects
Assurances for Non-Construction Projects
City of Port Arthur-Port Arthur-Boat Ramp and Fishing Pier Park 4
SECTION 11 —SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below.
TEXAS PARKS AND WILDLIFE DEPARTMENT City of Port Arthur
Signature: Dana Lagarde Name:
Date: 05/14/2021 Title:
SAM Date/Initials: 05/14/2021 / DL Signature:
Federal Aid Date/Initials: 05/14/2021 / DL Date:
City of Port Arthur-Port Arthur-Boat Ramp and Fishing Pier Park 5
TEXAS �4°1a�j
PARKS & Budget Summary -- Boating Access Grant Program
WILDLIFE PLANNING GRANT '`,0Rt;• O'
Project Name: TX-F-304-B-1 PORT ARTHUR-FISHING PIER PARK
GRANT GRANT OVER MATCH GRANT+OVER
ELEMENTS SUB-TOTAL OVER MATCH SUB-TOTALS MATCH
TOTALS
A. PROFESSIONAL SERVICES
PRE-Agreement Costs- ACTUAL COST INCURRED PRIOR TO LOCAL GRANT
Earliest Beginning Date: 01/01/2018 Only include expenses that have already been incurred in the Pre-Agreement Cost
1. USACE Permit $ - $ $ -
2. Cultural Resource Surveys $ - $ - $ -
3. Plans/Specifications $ 22.000 $ - $ 22,000
4. Mitigation costs (Wetland, Dredging, etc) $ - $ - $ -
5 Mapping (Boundry, Geotechnical, $ $ $
Hydrological, etc)
6 Environment Resources $ - $ - $ -
7 Other $ - $ - $ -
TOTAL PRE-AGREEMENT COST $ 22,000 $ - $ 22,000
ESTIMATED COST AFTER LOCAL AGREEMENT EXECUTED
8 USACE Permit $ 15,000 $ - $ 15,000
9 Cultural Resource Surveys $ 10,000 $ - $ 10,000
10 Plans/Specifications $ 60,000 $ - $ 60,000
11 Mitigation costs (Wetland, Dredging, etc) $ 5,000 $ - $ 5,000
12 Mapping (Boundry, Geotechnical, $ 7,000 $ - $ 7,000
Hydrological, etc)
13 Environment Resources $ 27,500 $ - $ 27,500
14 Texas Department of Licensing/Regulations $ 650 $ - $ 650
TOTAL POST AGREEMENT COST ► $ 125,150 $ - $ 125,150
TOTAL PROFESSIONAL SERVICES COST
$ 147,150.00 $ - ( $ 147,150
75%MATCH AMOUNT $ 110.363 $ (110,362)
25%MATCH AMOUNT $ 36,78$ TOTAL PROJECT COST INCLUDING OVERMATCH
$ 147,150 ,
MAX AMOUNT $333,333.00 FWS MATCH $250,000 SPONSOR MATCH $83,333
Planning Grant Budget-Created May 2020
CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
(1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of an agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with
the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the
entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or
modification of any Federal contract,grant,loan,or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or 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 or employee of Congress,or an employee of a Member of Congress in connection with this Federal
contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard
Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and
cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification
is a material representation of fact upon which reliance was placed when this transaction was made or
entered into.Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352,title 31, U.S.Code.Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states,to the best of his or her knowledge and belief,that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection with this commitment providing for the United States to insure or
guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying
Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the
required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000
for each such failure.
*APPLICANT'S ORGANIZATION
*PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Prefix: *First Name: Middle Name:
*Last Name: Suffix:
*Title:
*SIGNATURE:: *DATE:
Texas Parks and Wildlife Department
Recreation Grants
Uniform Assurances for Federal Subawards
UNIFORM ASSURANCES
Anti-Lobbying Sponsor certifies that no federal appropriated funds have been paid or will be
paid to any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress on its behalf to obtain, extend, or modify this grant. If non-
federal funds are used by Sponsor to conduct such lobbying activities, Sponsor shall promptly
file the prescribed disclosure form. In accordance with 31 U.S.C. § 1352(b)(5), Sponsor
acknowledges and agrees that it is responsible for ensuring that each subcontractor certifies its
compliance with the expenditure prohibition and the declaration requirement.
Child Support Obligation Sponsor represents and warrants that it will include the following clause
in the award documents for every subcontract and will require contractors to certify accordingly:
"Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or
business entity named in this contract, bid or application is not ineligible to receive the specified
payment and acknowledges that this contract may be terminated and payment may be withheld if
this certification is inaccurate. A bid or an application for a contract paid from state funds must
include the name and social security number of the individual or sole proprietor and each partner,
shareholder, or owner with an ownership interest of at least 25 percent of the business entity
submitting the bid or application."
Clean Air Act and Federal Water Pollution Control Act Sponsor represents and warrants that it
will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act
(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387).
Compliance with Laws, Rules, and Requirements Sponsor represents and warrants that it will
comply and assure the compliance of all its contractors, with all applicable federal and state laws,
rules, regulations, and policies in effect or hereafter established. In addition, Sponsor represents
and warrants that it will comply with all requirements imposed by the awarding agency concerning
special requirements of law, program requirements, and other administrative requirements. In
instances where multiple requirements apply to Sponsor, the more restrictive requirement applies.
Cybersecurity Training Program Sponsor represents and warrants its compliance with Section
2054.5191 of the Texas Government Code relating to the cybersecurity training program for local
government employees who have access to a local government computer system or database. If
Sponsor has access to any state computer system or database, Sponsor shall complete
Page 1 of 7
Cybersecurity training and verify completion of the training program to the Department pursuant to
and in accordance with Section 2054.5192 of the Government Code.
Debarment and Suspension Sponsor certifies that it and its principals are not suspended or
debarred from doing business with the state or federal government as listed on the State of Texas
Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for
Award Management(SAM) maintained by the General Services Administration.
Disclosure of Violations of Federal Criminal Law Sponsor represents and warrants its
compliance with 2 CFR § 200.113 which requires the disclosure in writing of violations of federal
criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or
administrative proceedings to SAM.
Disclosure Protections for Certain Charitable Organizations, Charitable Trusts and Private
Foundations Sponsor represents and warrants that it will comply with Section 2252.906 of the
Texas Government Code relating to disclosure protections for certain charitable organizations,
charitable trusts, and private foundations.
Dispute Resolution The dispute resolution process provided in Chapter 2009 of the Texas
Government Code is available to the parties to resolve any dispute arising under the agreement.
Equal Employment Opportunity The Sponsor hereby agrees that it will incorporate or cause
to be incorporated into any contract for construction work, or modification thereof, as defined in
the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following equal opportunity clause:
During the performance of this contract, the Sponsor agrees as follows:
(1) The Sponsor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
Sponsor will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Sponsor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
Page 2 of 7
(2) The Sponsor will, in all solicitations or advertisements for employees placed by or on behalf
of the Sponsor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3)The Sponsor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with
the Sponsor's legal duty to furnish information.
(4) The Sponsor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Sponsor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(5)The Sponsor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Sponsor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the Sponsor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Sponsor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The Sponsor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Sponsor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interests
of the United States.
Page 3 of 7
The Sponsor further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, That if the Sponsor so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The Sponsor agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The Sponsor further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally
assisted construction contracts pursuant to the Executive Order and will carry out such sanctions
and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the Sponsor agrees that if it fails or refuses to
comply with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the Sponsor under the program with
respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
Excluded Parties Sponsor certifies that it is not listed in the prohibited vendors list authorized by
Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who
Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of
the Treasury, Office of Foreign Assets Control.
Executive Head of a State Agency Affirmation Under Section 669.003 of the Texas Government
Code, Sponsor certifies that it does not employ, or has disclosed its employment of, any former
executive head of the Agency. Sponsor must provide the following information in the Response.
Name of Former Executive:
Name of State Agency:
Date of Separation from State agency:
Position with Sponsor:
Date of Employment with Sponsor:
Page 4 of 7
Funding Limitation Sponsor agrees that nothing in this Grant Agreement will be interpreted to
create an obligation or liability of the Department in excess of the funds delineated in this Grant
Agreement. Sponsor agrees that funding for this Grant Agreement is subject to the actual receipt
by the Department of grant funds appropriated to the Department. Sponsor agrees that the grant
funds, if any, received from the Department may be limited by the term of each state biennium and
by specific appropriation authority to and the spending authority of the Department for the purpose
of this Grant Agreement. Sponsor agrees that notwithstanding any other provision of this Grant
Agreement, if the Department is not appropriated the funds or if the Department does not receive
the appropriated funds for this grant program, or if the funds appropriated to the Department for this
grant program are required to be reallocated to fund other federal or state programs or purposes,
the Department is not liable to pay the Sponsor any remaining balance on this grant.
Indemnification Sponsor SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE
OF TEXAS AND DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND
ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS,
ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR
OMISSIONS OF Sponsor OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR
PERFORMANCE OF THE CONTRACT and any Purchase orders issued under THE CONTRACT.
THE DEFENSE SHALL BE COORDINATED BY Sponsor WITH THE OFFICE OF THE TEXAS
ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY
LAWSUIT AND Sponsor MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST
OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY
GENERAL. Sponsor AND DEPARTMENT AGREE TO FURNISH TIMELY WRITTEN NOTICE TO
EACH OTHER OF ANY SUCH CLAIM.
Legal Authority Sponsor represents that it 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
Sponsor'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 the designee of Sponsor to act in connection with the application and to provide
such additional information as may be required.
Lobbying Expenditure Restriction Sponsor represents and warrants that Department's payments
to Sponsor and Sponsor's receipt of appropriated or other funds under the grant are not prohibited
by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying
expenditures.
Conflicts of Interest Sponsor represents and warrants its compliance with the Federal awarding
agency's conflict of interest policies in accordance 2 CFR § 200.112. Sponsor represents and
warrants that performance under the Grant Agreement will not constitute an actual or potential
Page 5 of 7
conflict of interest or reasonably create an appearance of impropriety. Further, Sponsor represents
and warrants that in the administration of the grant, it will comply with all conflict of interest
prohibitions and disclosure requirements required by applicable law, rules, and policies, including
Chapter 176 of the Texas Local Government Code. If circumstances change during the course of
the grant, Sponsor shall promptly notify Department.
No Waiver of Sovereign Immunity The Parties expressly agree that no provision of the Grant
Agreement is in any way intended to constitute a waiver by the Department or the State of Texas
of any immunities from suit or from liability that the Department or the State of Texas may have by
operation of law.
Open Meetings If the Sponsor is a governmental entity, Sponsor represents and warrants its
compliance with Chapter 551 of the Texas Government Code which requires all regular, special or
called meeting of a governmental body to be open to the public, except as otherwise provided by
law.
Texas Public Information Act Sponsor understands that Department will comply with the Texas
Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial
rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and
other material in connection with this Grant Agreement or any resulting contract or grant may be
subject to public disclosure pursuant to the Texas Public Information Act. In accordance with
Section 2252.907 of the Texas Government Code, Sponsor is required to make any information
created or exchanged with the State pursuant to the contract, and not otherwise excepted from
disclosure under the Texas Public Information Act, available in a format that is accessible by the
public at no additional charge to the State.
Reporting Compliance Sponsor represents and warrants that it will submit timely, complete, and
accurate reports in accordance with the grant and maintain appropriate backup documentation to
support the reports.
Records Retention Sponsor represents and warrants its compliance with the records retention
requirements of 2 CFR § 200.333. Department reserves the right to direct a Sponsor to retain
documents for a longer period of time or transfer certain records to Department custody when it is
determined the records possess longer term retention value. Sponsor must include the substance
of this clause in all subcontracts.
Reporting Suspected Fraud and Unlawful Conduct Sponsor represents and warrants that it will
comply with Section 321.022 of the Texas Government Code which requires that suspected fraud
and unlawful conduct be reported to the State Auditor's Office.
Page 6 of 7
State Auditor's Right to Audit The state auditor may conduct an audit or investigation of any entity
receiving funds from the state directly under the contract or indirectly through a subcontract under
the contract. The acceptance of funds directly under the contract or indirectly through a subcontract
under the contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
Under the direction of the legislative audit committee, an entity that is the subject of an audit or
investigation by the state auditor must provide the state auditor with access to any information the
state auditor considers relevant to the investigation or audit.
Page 7 of 7
1.DATE ISSUED MM/DD/YYYY la.SUPERSEDES AWARD NOTICE dated
08/12/2020 except that any additions or restrictions previously imposed NOTICE OF AWARD
remain in effect unless specifically rescinded
2.CFDA NO. ��E°'
15.605-Sport Fish Restoration 0�� jf� 1fi
3.ASSISTANCE TYPE Formula Grant V1 f O
4.GRANT NO. F20AF11330-00 5. TYPE OF AWARD
Formerly Other
4a.FAIN F20AF11330 5a.ACTION TYPE New 1� ' o. , .,
6. PROJECT PERIOD MM/DD/YYYY MM/DD/YYYY 7� vA�.
From 08/01/2020 Through 02/28/2022 AUTHORIZATION(Legislation/Regulations)
7.BUDGET PERIOD MM/DD/YYYY MM/DD/YYYY Dingell-Johnson Sport Fish Restoration Act, 16 U.S.C.§777 et seq.
From 08/01/2020 Through 02/28/2022
8.TITLE OF PROJECT(OR PROGRAM)
TX F-304-B-1 Port Arthur-Fishing Pier Park
9a.GRANTEE NAME AND ADDRESS 9b.GRANTEE PROJECT DIRECTOR
Texas Parks and Wildlife Department Ms.Robin Kolton
4200 Smith School Rd 4200 Smith School Road
Austin,TX 78744-3218 Robin Kolton
Austin,TX 78744
Phone:5123898668
10a.GRANTEE AUTHORIZING OFFICIAL 10b.FEDERAL PROJECT OFFICER
Ms.Robin Kolton Mr.Brian Hobbs
4200 Smith School Road 500 Gold Ave SW
Robin Kolton Albuquerque,NM 87103
Austin,TX 78744 Phone:505-248-7476
ALL AMOUNTS ARE SHOWN IN USD
11.APPROVED BUDGET(Excludes Direct Assistance) 12.AWARD COMPUTATION
I Financial Assistance from the Federal Awarding Agency Only a.Amount of Federal Financial Assistance(from item 11m) $ 110,362.00
II
II Total project costs including grant funds and all other financial participation b.Less Unobligated Balance From Prior Budget Periods $ 0.00
a. Salaries and Wages $ 0.00 c.Less Cumulative Prior Award(s)This Budget Period $ 0.00
d.AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION $ 110,362.00
b. Fringe Benefits $ 0.00
13.Total Federal Funds Awarded to Date for Project Period $ 110,362.00
c. Total Personnel Costs $ 0.00 14.RECOMMENDED FUTURE SUPPORT
d. Equipment $
0.00 (Subject to the availability of funds and satisfactory progress of the project):
s. Supplies $
0.00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS
a. 2 $ d. 5 $
f. Travel $ 0.00
b. 3 $ e. 6 $
g. Construction $ 0.00 c. 4 $ f. 7 $
h. Other $ 0.00 15.PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
ALTERNATIVES:
i. Contractual $ 147,150.00 a. DEDUCTION
b. ADDITIONAL COSTS a
MATCHING
j. TOTAL DIRECT COSTS -11).$ 147,150.00 d. OTHER RESEARCH(Add i Deduct option)
e. OTHER(See REMARKS)
k. INDIRECT COSTS $ 0.00
16.THIS AWARD IS BASED ON AN APPIJCATION SUBMITTED TO,AND AS APPROVED BY,THE FEDERAL AWARDING AGENCY
ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDIONS INCORPORATED EITHER DIRECTLY
I. TOTAL APPROVED BUDGET $ 147,150.00 OR BY REFERENCE IN THE FOLLOWING:
a. The grant program legislation
b. The grant program regulations.
This award notice including terms and conditions,If any,noted below under REMARKS.
m. Federal Share $ 110,362.00 c. Federal administrative requirements.cost principles and audit requirements applicable to this grant.
In the event them are conflicting or otherwise inconsistent policies applicable to the grant,the above order of precedence shall
n. Non-Federal Share $ 36,788.00 Prevail.Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained front the grant payment system.
REMARKS (Other Terms and Conditions Attached- ®Yes El No)
GRANTS MANAGEMENT OFFICIAL:
Cliff Schleusner,CHIEF-WILDLIFE AND SPORT FISH RESTORATION PROGRAM
500 GOLD AVE.SW
ALBUQUERQUE,NM 87102
Phone:505-248-7465
17. VENDOR CODE 0070050488 18.DUNS 806782256 19. CONG.DIST. 35
LINE# FINANCIAL ACCT AMT OF FIN ASST START DATE END DATE TAS ACCT PO LINE DESCRIPTION
1 0051002508-00010 $110,362.00 08/01/2020 02/28/2022 8151 New Grant-SF(BA Salt)9522-15.605
PAGE 2 of 5 I DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 08/12/2020
GRANT NO. F20AF11330-00
SCOPE OF WORK
1. TX F-304-B-1 Port Arthur-Fishing Pier Park
Terms and Conditions
1. U.S. Fish and Wildlife General ANN and Terms and Conditions (see
link https://www.fws.gov/grants/atc.html)
2. Mandatory Disclosures
Conflicts of interest:Per 2 CFR§1402.112,non-Federal entities and their employees must take
appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal
financial assistance agreements.In the procurement of supplies,equipment,construction,and services
by recipients and by subrecipients,the conflict of interest provisions in 2 CFR§200,318 apply. Non-
Federal entities,including applicants for financial assistance awards,must disclose in writing any
conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR
§200.112. Recipients must establish internal controls that include,at a minimum,procedures to
identify,disclose,and mitigate or eliminate identified conflicts of interest. The recipient is
responsible for notifying the Service Project Officer identified in their notice of award in writing of
any conflicts of interest that may arise during the life of the award,including those that reported by
subrecipients. The Service will examine each conflict of interest disclosure to determine whether a
significant potential conflict exists and,if it does,work with the applicant or recipient to develop an
appropriate resolution. Failure to resolve conflicts of interest in a manner that satisfies the
government may be cause for termination of the award. Failure to make required disclosures may
result in any of the remedies for noncompliance described in 2 CFR§200.338,including suspension
or debarment(see also 2 CFR Part 180).
Lobbying:The recipient must not use any federally appropriated funds(annually appropriated or
continuing appropriations)or matching funds under a Federal award to pay any person for lobbying in
connection with the award. Lobbying is influencing or attempting to influence an officer or employee
of any U.S.agency, a Member of the U.S.Congress,an officer or employee of the U.S.Congress,or
an employee of a Member of the U.S.Congress connection with the award. The recipient must
complete and submit the SF-LLL,"Disclosure of Lobbying Activities"form to the Service Project
Officer identified in their notice of award if the Federal share of their award is more than$100,000
and the recipient has made or has agreed to make any payment using non-appropriated funds for
lobbying in connection with the application or award. See 43 CFR,Subpart 18.100 for more
information on when additional submission of this form is required.
Other Mandatory Disclosures: Recipients and subrecipients must disclose,in a timely manner,in
writing to the Service Project Officer identified in their notice of award or pass-through entity all
violations of Federal criminal law involving fraud,bribery,or gratuity violations potentially affecting
the Federal award.Non-Federal entities that receive a Federal award including the term and condition
outlined in 2 CFR 200.Appendix XII—Award Term and Condition for Recipient Integrity and
Performance Matters are required to report certain civil,criminal,or administrative proceedings to
SAM.Failure to make required disclosures can result in any of the remedies for noncompliance
described in 2 CFR§200.338,including suspension or debarment.
PAYMENTS
2
PAGE 3 of 5 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 08/12/2020
GRANT NO. F20AF11330-00
1. Domestic Recipients Enrolled in Treasury's ASAP System
The recipient will request payments under this award in the U.S.Treasury's Automated Standard
Application for Payment(ASAP)system.When requesting payment in ASAP,your Payment
Requestor will be required to enter an Account ID.The number assigned to this award is the partial
Account ID in ASAP.When entering the Account ID in ASAP,the Payment Requestor should enter
the award number identified in the subject line on letter followed by a percent sign(%).Refer to the
ASAP.gov Help menu for detailed instructions on requesting payments in ASAP.
Cost accounting is required at the subaccount level.
BUDGET AND PROGRAM REVISIONS
1. The Department is permitted to re-budget within the approved direct cost budget to meet
unanticipated requirements and may make limited program changes to the approved project.
However,certain types of post-award changes in budgets and projects shall require the prior written
approval of the Service. Refer to 2 CFR 200.308 for additional information on the types of changes
that require prior written approval.
REPORT
1. Interim Financial Reports
The recipient is required to submit interim financial reports on an annual basis directly in
GrantSolutions. The recipient must follow the financial reporting period end dates and due dates
provided in GrantSolutions.The interim reporting due dates are available by signing in to
GrantSolutions and selecting the menu for Reports>Federal Financial Report.The GrantSolutions
financial report data entry fields are the same as those on the SF-425,"Federal Financial Report"
form. See also our instructional video on"Completing the Federal Financial Report(SF-425)".
2. Interim Performance Reports
The recipient is required to submit interim performance reports on an annual basis directly in
GrantSolutions.The recipient must follow the performance reporting period end dates and due dates
provided in GrantSolutions.The interim reporting due dates are available by signing in to
GrantSolutions and selecting the menu for Reports>FPR.
3. Final Reports
The recipient must liquidate all obligations incurred under the award and submit afinal financial
report in GrantSolutions no later than 90 calendar days after the award period of performance end
date. The GrantSolutions financial report data entry fields are the same as those on the SF-425,
"Federal Financial Report"form. See also our instructional video on"Completing the Federal
Financial Report(SF-425)".
The recipient must submit afinal performance report no later than 90 calendar days after the award
period of performance end date. Performance reports must contain: 1)a comparison of actual
accomplishments with the goals and objectives of the award as detailed in the approved scope of
work;2)a description of reasons why established goals were not met,if appropriate;and 3)any other
3
PAGE 4 of 5 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 08/12/2020
GRANT NO. F20AF11330-00
pertinent information relevant to the project results. Please include the Service award number on all
reports.
The recipient must follow the final Federal Financial Report and the final Performance Report
reporting period end dates and due dates provided in GrantSolutions.The final reporting due dates are
available by signing in to GrantSolutions and selecting the menu for Reports>Federal Financial
Report or Reports>FPR.
4. Reporting Due Date Extensions
Reporting due dates may be extended for an award upon request to the Service Project Officer
identified in the notice of award.The request should be sent by selecting the award in GrantSolutions
and selecting send message.The message must include the type of report to be extended,the
requested revised due date,and a justification for the extension. The Service may approve an
additional extension if justified by a catastrophe that significantly impairs the award Recipient's
operations. The recipient must submit reporting due date extension requests through GrantSolutions
to the Service Project Officer identified in their notice of award before the original due date.The
Service Project Officer will respond to the recipient after approval or denial of the extension request.
5. Significant Developments Reports
See 2 CFR§200.328(d). Events may occur between the scheduled performance reporting dates that
have significant impact upon the supported activity.In such cases,recipients are required to notify the
Service in writing as soon as the recipient becomes aware of any problems,delays,or adverse
conditions that will materially impair the ability to meet the objective of the Federal award.This
disclosure must include a statement of any corrective action(s)taken or contemplated,and any
assistance needed to resolve the situation.The recipient should also notify the Service in writing of
any favorable developments that enable meeting time schedules and objectives sooner or at less cost
than anticipated or producing more or different beneficial results than originally planned.
AWARD CONDITIONS
1. Pre-Award Costs
The Service authorizes the recipient to request reimbursement for pre-award expenses incurred for
plans and specifications($22,000). Pre-award costs are those incurred prior to the effective date of
this award directly pursuant to the negotiation and in anticipation of the award where such costs are
necessary for efficient and timely performance of the scope of work.Such costs are allowable only to
the extent that they would have been allowable if incurred after the date of the award.
2. Matching Requirements
The Department is eligible to request Federal obligated funds up to but not in excess of an amount
equal to 75 percent of the total project expenditures. See also 2 CFR§200.306.
SPECIAL TERMS AND REQUIREMENTS
4
PAGE 5 of 5 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 08/12/2020
GRANT NO. F20AF11330-00
1. Environmental Compliance Reviews
Approval is limited to activities and costs associated with planning,design,and coordination of
renovation/construction of facility development/improvement. Construction activities are not
authorized until site specific project proposals and environmental compliance documentation are
received and approved by written confirmation from the Service.
5
AWARD ATTACHMENTS
TEXAS PARKS AND WILDLIFE DEPARTMENT F20AF11330-00
1. 2b-Attachment
Ref: Sport Fish Restoration, Federal Compliance Approval TX F-304-B-1
Project: TX F-304-B-1 Port Arthur-Fishing Pier Park
Approach:
This grant will fund the planning activities needed to renovate a parking area, picnic
shelters/tables, lighting and shore protection, and sand beach for catamaran launching at Fishing
Pier Park on Sabine Lake.
Endangered Species Act Determinations:
No Effect; planning grant only.
NHPA:
No ground disturbance; planning grant only.
NEPA Determinations:
No extraordinary circumstances were triggered by this project so NEPA compliance for these
projects has been determined by WSFR to be a categorical exclusion as provided by 516 DM 8,
Appendix 1 and/or 516 DM 2,Appendix 1.
E (1) State, local, or private financial assistance (grants and/or cooperative agreements),
including State planning grants and private land restorations, where the environmental effects are
minor or negligible.
,g,...:
8/7/2020
1
OMB Number:4040-0007
View Burden Statement Expiration Date:02/28/2022
ASSURANCES - NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE:Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case,you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794),which
and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d)
(including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended(42 U.
of project cost)to ensure proper planning, management S.C. §§6101-6107), which prohibits discrimination on
and completion of the project described in this the basis of age; (e)the Drug Abuse Office and
application. Treatment Act of 1972(P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
2. Will give the awarding agency,the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and
of the United States and, if appropriate,the State, Alcoholism Prevention, Treatment and Rehabilitation
through any authorized representative, access to and Act of 1970(P.L. 91-616), as amended, relating to
the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or
documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health
proper accounting system in accordance with generally Service Act of 1912(42 U.S.C. §§290 dd-3 and 290
accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h)Title VIII of the Civil
3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale,
presents the appearance of personal or organizational rental or financing of housing; (i)any other
conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (j)the requirements of any other
4. Will initiate and complete the work within the applicable nondiscrimination statute(s)which may apply to the
time frame after receipt of approval of the awarding application.
agency.
7. Will comply, or has already complied,with the
5. Will comply with the Intergovernmental Personnel Act of requirements of Titles II and III of the Uniform
1970(42 U.S.C. §§4728-4763)relating to prescribed Relocation Assistance and Real Property Acquisition
standards for merit systems for programs funded under Policies Act of 1970(P.L.91-646)which provide for
one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or
Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or
Personnel Administration(5 C.F.R. 900, Subpart F). federally-assisted programs.These requirements
apply to all interests in real property acquired for
6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in
nondiscrimination. These include but are not limited to: purchases.
(a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)
which prohibits discrimination on the basis of race, color 8. Will comply, as applicable, with provisions of the
or national origin; (b)Title IX of the Education Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328)
Amendments of 1972, as amended (20 U.S.C.§§1681- which limit the political activities of employees whose
1683, and 1685-1686), which prohibits discrimination on principal employment activities are funded in whole
the basis of sex; (c)Section 504 of the Rehabilitation or in part with Federal funds.
Previous Edition Usable Standard Form 424E(Rev.7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act Act of 1966, as amended (16 U.S.C. §470), EO 11593
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract (identification and protection of historic properties),and
Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of
333), regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq.).
construction subagreements.
14. Will comply with P.L. 93-348 regarding the protection of
10. Will comply, if applicable,with flood insurance purchase human subjects involved in research, development, and
requirements of Section 102(a)of the Flood Disaster related activities supported by this award of assistance.
Protection Act of 1973(P.L. 93-234)which requires
recipients in a special flood hazard area to participate in the 15. Will comply with the Laboratory Animal Welfare Act of
program and to purchase flood insurance if the total cost of 1966(P.L. 89-544, as amended, 7 U.S.C. §§2131 et
insurable construction and acquisition is$10,000 or more. seq.)pertaining to the care, handling, and treatment of
warm blooded animals held for research,teaching, or
11. Will comply with environmental standards which may be other activities supported by this award of assistance.
prescribed pursuant to the following: (a)institution of
environmental quality control measures under the National 16. Will comply with the Lead-Based Paint Poisoning
Environmental Policy Act of 1969(P.L. 91-190)and Prevention Act(42 U.S.C. §§4801 et seq.)which
Executive Order(EO) 11514; (b)notification of violating prohibits the use of lead-based paint in construction or
facilities pursuant to EO 11738; (c)protection of wetlands rehabilitation of residence structures.
pursuant to EO 11990; (d)evaluation of flood hazards in
floodplains in accordance with EO 11988; (e)assurance of 17. Will cause to be performed the required financial and
project consistency with the approved State management compliance audits in accordance with the Single Audit
program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No. A-133,
16 U.S.C. 1451 et seq.); conformityof "Audits of States, Local Governments, and Non-Profit
Act of 1972
(16 (f) Organizations."
Federal actions to State(Clean Air)Implementation Plans
under Section 176(c)of the Clean Air Act of 1955, as 18 Will comply with all applicable requirements of all other
amended (42 U.S.C. §§7401 et seq.); (g) protection of Federal laws, executive orders, regulations, and policies
underground sources of drinking water under the Safe governing this program.
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- 19. Will comply with the requirements of Section 106(g)of
205). the Trafficking Victims Protection Act(TVPA)of 2000, as
amended (22 U.S.C. 7104)which prohibits grant award
12.Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1) Engaging in severe
1968 (16 U.S.C. §§1271 et seq.)related to protecting forms of trafficking in persons during the period of time
components or potential components of the national that the award is in effect(2) Procuring a commercial
wild and scenic rivers system. sex act during the period of time that the award is in
effect or(3) Using forced labor in the performance of the
award or subawards under the award.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
Standard Form 424E(Rev.7-97)Back