HomeMy WebLinkAboutPR 12087:BOARDWALK PHASE IIIINTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
STEVE FITZGIBBONS, CITY MANAGER
DALE L. WATSON, DIPdS;CTOR OF PLANNING ~" LJ
P.R. NO. 12087- GLO GRANT AGREEMENT - BOARDWALK PHASE III
02/07/03
RECOMMENDATION:
I recommend that Proposed Resolution No. 12087 be approved. This Resolution would
anthorizc accepting a grant from thc Texas General Land Office for a grant under the
Coastal Management Program.
BACKGROUND:
This grant will provide funding for the construction of a clock tower/elevator and a
connecting walkway to the boardwalk. This will provide a second access to the
boardwalk for the elderly and handicapped.
BUDGETARY/FISCAL EFFECT:
We are receiving $60,000 ~}om the General Land Office and we must provide $40,000.
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
I recommend that Proposed Resolution No. 12087 be approved. This Resolution
authorizes thc City Manager to execute and agreement with The Texas General Land
Office for a grant for construction of Phase III of the Boardwalk.
P.R. No. 12087
02/07/03 DLW
RESOLUTION NO.
A RESOLUTION AUTHORIZING A CONTRACT WITH
THE TEXAS GENERAL LAND OFFICE FOR COASTAL
MANAGEMENT PROGRAM FUNDS FOR THE PORT
ARTHUR BOARDWALK, PHASE l]I.
WHEREAS, the City Council of the City of Port Arthur did make application to the Texas
General Land Office for a grant under the Coastal Managemem Program for construction of Phase
III of the Port Arthur Boardwalk; and,
WHEREAS, the City of Port Arthur has been approved to funds in the amount of $60,000; and,
WHEREAS, the City will be requked to provide the matching funds of $40,000; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Manager is hereby authorized to execute a contract on behalf of the City of Port
Arthur with the Texas General Land Office for a grant under the Texas Coastal Management
Program for construction of Port Arthur Boardwalk, Phase III; a copy of said amendment being
attached hereto as Exhibit "A".
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED this __ day of February, A.D., 2003, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: MAYOR
COUNCILMEMBERS:
NOES:
P.R. NO. 12087
02/07/03
Page 2 of 2
ATTEST:
Mayor
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
City Manager
Director of Planning
~. R/~OVED AS TO AVAILABILITY OF FUNDS:
Director of Finance
P. R. No. 12087
Exhibit "A"
GLO Conlyact No. 03-036
SUBRECIPIENT GRANT AGREEMENT
COASTAL MANAGEMENT PROGRAM, CYCLE 7
THIS SUBRECIPIENT GRANT AGREEMENT (Contract) is entered into by and between the
General Land Office (GLO), a State agency, and the City of Port Arthnr, Texas (Snbrecipient).
I. FINANCIAL ASSISTANCE.
1.01. GRANT APPLICATION. Subrecipient has made application for "Coastal Management
Program, Cycle 7" grant funds, to be made available to the State of Texas by the U.S. Deparm~ent
of Commerce, National Oceanic and Atmospheric Administration, pursuant to the Federal Coastal
Zone Management Act of 1972, 16 U.S.C. §1451, et seq., National Oceanic and Atmospheric
Administration (NOAA) Award No. NA17OZ2353 (NOA~ Grant). The grant funds are limited to
use for implementation of a coastal zone management project (Project) under the Texas Coastal
Management Program (CMP), adm/rdstered by the GLO (as Coastal Zone Management Awards,
CFDA #11.419) pursuant to TEX. NAT. RES. CODE ANN. §33.052 and §33.204 (Vernon 2001 &
Supp. 2002), in coordination with the Coastal Coordination Council (CCC).
1.02. WORK PLAN. The Project shall strictly conform with the work plan and special
conditions contained in Attachment A, which is attached and incorporated herein for ali purposes
(Work Plan). Deliverables and due dates included in the Work Plan may be amended upon written
request and justification by Subrecipient to the GLO CMP Grant Administrator.
1.03. LAND ACQUISITIONS. In the event that private land is to be acquired with grant funds,
Subrecipient shall have the parcel of land surveyed by a Licensed State Land Surveyor and shall
record the survey in the records of the County Surveyor (or the records of the County Clerk if there
is no County Surveyor) of the county in which the land is located. The title document for acquired
land must be signed by a State or local government official attesting that such land is publicly
owned. In addition, Subrecipient shall encumber the land with a conservation easement, in a form
acceptable to the GLO, which will protect the land and its natural resources and preserve the public
use and benefit of the land. For good cause shown, this requirement for a conservation easement
may be waived or modified by a mutual agreement of the parties hereto. Al1 appraisals performed
in connection with the acquisition of land under this section shall be completed in accordance with
the Uniform Appraisal Standards for Federal Land Acquisitions.
GLO Contract No. 03-036
Page 1 of 9
1.04. CONSTRUCTION. Any construction that will be undertaken with funding from this
Contract shall be completed in compliance with final engineering specifications, construction plans,
and/or architectural plans approved by the GLO or the CCC.
1.05. LICENSES. Subrecipient shall be solely and entirely responsible for procuring all
appropriate licenses and permits which may be required by any competent authority for the
performance of the work or services to be performed by Subrecipient. Copies of such licenses and
permits shall be included as a part of the progress report for the period during which they are
obtained. Subrecipient shall not commence construction of the Project until it has obtained the
requisite licenses and/or permits.
1.06. SIGNAGE. Subrecipient's project site shall be identified by temporary signs which contain
the following language:
CONSTRUCTION OF THIS FACILITY WAS MADE POSSIBLE BY A
GRANT UNDER TI-IE COASTAL ZONE MANAGEMENT ACT OF 1972,
AS AMENDED, AND AWARDED BY TIlE OFFICE OF OCEAN AND
COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, AND ADMINISTERED THROUGH THE COASTAL
COORDINATION COUNCIL AND THE TEXAS COASTAL
MANAGEMENT PROGRAM.
In addition, for those projects which include land acquisition, construction of facilities or other
permanent structures, Subrecipient shall erect permanent signs, to be provided by GLO, which will
identify the existence of the Project.
1.07. PROGRESS REPORTS. Subrecipient shall submit progress reports monthly, which must
be received by the GLO on or before the 10th day of each calendar month during the term of this
Contract, commencing March 10, 2003 (Progress Reports). Progress Reports shall be submitted on
the "Progress Report" form attached hereto as Attachment B, and shall include a brief statement of
the overall progress of each task identified on the Work Plan since the last progress report; a brief
description of any problems that have been encountered during the previous reporting period that
will affect the Work Plan, delay the completion of any portion of this Contract or inhibit the
completion of or cause a change in any of the Work Plan objectives; a description of any action
Subrecipient plans to undertake to correct any problems that have been encountered; and a status
report on the "Budget," as hereinafter defined. Any request for change of work and scope from
the originally awarded project must be approved by both the CCC and NOAA and may
cause delays in project progress. All changes must be submitted in writing and include
justification of actions. Any costs incurred while waiting for approval of requested changes
are the responsibility of Subrecipient. The GLO will inform Subrecipient upon £mal
approval of the changes.
GLO Contract No. 03-036
Page 2 of 9
1.08. DELIVERABLES. Subrecipient shall deliver to the GLO two (2) complete copies of each
of the deliverables set forth in the Work Plan, in the time and manner prescribed therein. The GLO
may require Subrecipient to conform any data or products funded under this Contract to reflect
GLO comments.
H. GRANT FUNDS.
2.01. GRANT. Subject to the NOAA Grant and the terms and conditions of this Contract, the
GLO agrees to grant to Subrecipient an amount not to exceed Sixty Thousand and No/100 Dollars
($60,000.00), payable in installments as reimbursement of allowable expenses incurred by
Subrecipient in connection with Subrecipient's performance of the Project. The allowable expenses
will be reimbursed to Subrecipient in accordance with the budget (Budget) included herein as a part
of Attachment A and incorporated herein for all purposes. The GLO will not provide
reimbursement for any expenses not contained in the Budget. TI41~, GLO IS NOT LIABLE TO
SUBRECIPIENT FOR ANY COSTS INCURRED BY SUBRECIPIENT BEFORE THE
EFFECTIVE DATE OF THIS CONTRACT OR AFTER TERMINATION OF THIS
CONTRACT.
2.02. RECAPTURE. It is expressly understood and agreed by Subrecipient that the GLO shall
have the fight to recapture and have reimbursed to the GLO any payments made by the GLO under
th/s Contract that Subrecipient has not used in strict accordance with this Contract.
2.03. VARIANCE. Upon written request and justification by Subrecipient to the GLO CMP
Grant Administrator, informal budget flexibility among the Budget categories, for both the CMP
and local budgets, may be allowed to the extent that the resulting transfer between categories does
not exceed 10% of the total Budget. Any request for variance in excess of the allowed 10% shall be
submitted to the GLO CMP Grant Administrator on the GLO Budget Amendment form attached
hereto as Attachment C and, if approved, such amended Budget shall substitute the existing Budget
in Attachment A to ttris Contract.
2.04. PURCHASES. Subrecipient shall not purchase any equipment and/or computer sofhvare
not included as a reimbursable Budget item in Attachment A. Equipment is defined as tangible
personal property having a useful life of more than one year and an acquisition cost of Five
Thousand and No/100 Dollars ($5,000.00) or more per trait. Title and possession of any equipment
will remain the property of Subrecipient unless and until transferred to the GLO, upon written
request by the GLO, upon termination or completion of the Contract.
2.05. DISPOSITION OF EQUIPMENT. The disposition of any equipment purchased with an
acquisition cost of Five Thousand and No/100 Dollars ($5,000.00) or more per unit shall follow the
Uniform Grants Management Standard Guidelines.
HI. PAYMENT PROCEDURES.
3.01. SUBMISSION. Each request for reimbursement shall (i) be on the approved GLO forms
attached hereto as Attachment D; (ii) be supported by an invoice detailing each expense by Budget
category in accordance with Attachment A; and (iii) provide such other information as the GLO
GLO Contract No. 03-036
Page 3 of 9
may request. Each invoice shall be supported by copies of receipts, cancelled checks, and such
other documentation which, in the judgment of the GLO, allows for full substantiation of the costs
incurred. Requests for payment may be submitted monthly on or before the 10th day of each
calendar month and shall be sent care of the At-tn: GLO Accounts Payable Division, P.O. Box
12873, Austin, Texas 78711-2873~ Requests for reimbursement under this Contract must be
received by the GLO not later than sixty (60) days from the date Subreeipient incurs the
expense. Failure by Subrecipient to comply in a timely manner with this requirement may, at
the GLO's sole discretion, result in denial of the request for reimbursement.
3.02. MATCH. Subrecipient must include match fund justification with request for payment
invoices submitted on the approved GLO forms attached hereto as Attachment D-1. Match must be
clearly identified and may be submitted regardless of payment request need. Payment requests may
be denied if proper match has not been submitted with the payment request. Each invoice shall be
supported by copies of receipts, cancelled checks, and such other documentation which, in the
judgment of the GLO, allows for full substantiation of the costs incurred.
3.03. RETAINAGE. To ensure full performance, the GLO may withhold an amount equal to ten
percent (10%) of the Budget until Subrecipient's delivery and GLO's approval of all deliverables
required herein. The GLO shall make a final disbursement only upon receipt of documentation
sufficient to determine that Subrecipient has completed the project in accordance with the Work
Plan and that all requirements of tiffs Contract and the relevant provisions of the NOAA Grant have
been fulfilled by Subrecipient.
3.04. BOOKS AND RECORDS. Subrecipient shall maintain and cause any subcontractors to
maintain satisfactory financial accounting documents and records and shall make them available for
examination and audit by the GLO or other agencies of the state or federal government with
relevant jurisdiction. The GLO reserves the right to audit any of Subrecipient's accounts related to
this Contract and to verify any expense item submitted for reimbursement by Subrecipient.
Subrecipient will permit the GLO (and its agents) or other agencies of the state or federal
government with relevant jurisdiction to inspect any and all pertinent records, files, information,
and other written materials pertaining to the expenditure of funds under this Contract. Subrecipient
further agrees to maintain and cause any subcontractors to maintain, keep, and preserve all such
records for a period of three (3) years from the date of notification that funding for the NOAA
Grant has ended, and to make the records available to the GLO (and its agents) or other agencies of
the state or federal government with relevant jurisdiction for purposes of audit. Subrecipient shall
refund to the GLO within ten (10) days of receipt of a written request by the GLO any sum of
money which has been paid by the GLO to Subrecipient which the GLO determines: (i) has resulted
in overpayment to Subrecipient; or (ii) has not been spent strictly in accordance with the terms of
this Contract.
IV. TERM OF CONTRACT.
4.01. TERM. This Contract shall be effective as of the date the last party executes this
Contract, and shall terminate upon completion of the Project or on March 31, 2004,
whichever occurs first. Upon receipt of a written request and acceptable justification from
Subrecipient, the GLO, upon approval from NOAA, may allow one extension of this term for a
GLO Con~act No. 034)36
Page 4 of 9
period not to exceed three (3) months. This extension request must be received by the GLO
Grant Administrator at least 45 days before contract termination.
4.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the
satisfaction of the parties, either party may notify the other party in writing of the dispute. If the
parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written
notification, the GLO may require the issue(s) be mediated. In such event, the GLO shall sb notify
Subrecipient and furnish Subrecipient with the names of three mediators acceptable to the GLO.
Within ten (10) days of such notice, Subrecipient shall select a mediator fi:om the list provided by
the GLO and notify the GLO. The mediation shall occur within thirty (30) days of such
notification. Prior to the mediation, each party will provide the mediator with a statement of issues
to be mediated, along with any other information/releases required by the mediator. Cost of the
mediator shall be borne equally by the parties. Any dispute resolution shall be conducted in
accordance with TEX. GOV'T CODE ANN. §§2260.001 - 2260.108 (Vernon 2000 & Supp. 2002).
4.03. EARLY TERMINATION. The GLo may terminate this Contract upon thirty (30) days'
prior written notice to Subrecipient. Upon receipt of notice of early termination Subrecipient shall
cancel, withdraw, or otherwise terminate outstanding orders or subcontracts which relate to the
performance of this Contract and shall otherwise cease to incur costs under this Contract. Early
termination will be subject to an equitable settlement of the respective interests of the parties
accrued up to the date of termination.
5.01. APPROPRIATIONS. This Contract shall not be construed as creating any debt on behalf
of the State of Texas and/or the GLO in violation of'lEx. CONST. art. Ill, §49. In compliance with
'lEx. CONST. alt. VIII, §6, it is understood that all obligations of the GLO are subject to the
availability of funds. The GLO has disclosed to Subrecipient that funding for this Contract is being
provided by the NOAA Grant, and if such funding is not obtained, th/s Contract shall be void or if
such funding becomes unavailable, this Contract may be terminated, subject to the equitable
settlement of the parties' respective interests accrued up to the date of term/nation.
VI. ASSURANCES AND CERTIFICATIONS.
6.01. INCORPORATION BY REFERENCE. Inconporated by reference the same as if
specifically written herein are the rules, regulations, and all other requirements imposed by law,
including but not limited to compliance with those applicable roles and regulations of the State of
Texas and the federal government, including those contained in the NOAA Grant, all of which shall
apply to the performance of the work under this Contract.
6.02. CON[PLK4NCE WITH LAWS. Subrecipient shall complete and return the Assurances-
Construction/Non-Construction Programs form attached hereto as Attachment E, assuring that it
will comply with all Federal Statutes listed thereon and, when applicable, shall obtain completed
assurance of compliance forms fi:om its subcontractors.
GLO Con~ract No, 03-036
Page 5 of 9
6.03. DEBARMENT. Subrecipient shall complete and return the Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion attached hereto as Attachment F,
certif34ng that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in the NOAA Grant by any federal
department or agency and shall obtain certifications from all its subcontractors.
6.04. CONSISTENCY. Subrecipient shall complete the requirements of this Contract in
compliance with the CMP goals and policies and shall assure that the performance of all
subcontractors is in compliance with the CMP.
VII. DATA COLLECTION AND DELIVERY.
7.01. GEOGRAPHIC INFORMATION SYSTEMS. Data, databases, and products associated
with electroulc Geographic Information Systems (GIS) that have been collected, manipulated, or
purchased with CMP grant funds and/or local match funds will be subject to all applicable terms of
the Texas Geographic Information Standards of the Texas Geographic Information Council (TGIC)
and Texas Administrative Code (TAC) §201.6, Planning and Management of Information
Resources Technologies, Geographic Information Standards. The 2001 Geographic Information
Standards Rule is available on the World Wide Web at www.tgic.state.tx.us/stanaards/index.htm,
or by writing io Department of Information Resources (DIR), P.O. Box 13564, Austin, Texas,
78711, e-mail TGICHELP~dir.state.tx.us.
7.02. TRANSFER OF DATA. Any GIS data to be transferred or exchanged that is collected,
manipulated, or purchased with funds from this Contract must be documented as specified in the
Federal Geographic Data Committee (FGDC) document Content Standard for Digital Geospatial
Metadata, Version 2 (FGDC-STD-001-1998) or later. The federal metadata standard is available on
the World Wide Web at www.fgdc.gov/metadata.
7.03. FORMAT. Many Texas state agencies, including the GLO, have adopted Environmental
Systems Research Institute, Inc. (ESR/) products--ArcInfo, ArcView, etc.--as in-house GIS
software. This is NOT an endorsement of these, or any other, products; however, any electronic
spatial data collected, manipulated, or purchased with CMP grant funds and/or local match funds
shall be transferred in a mutually-acceptable GIS format, along with appropriate documentation.
Nonspatial data (text or database) deliverables must be delivered in MS Word, WordPerfect, dBase
(.dbf), or ASCII formats. Acceptable media for delivery include floppy disks, Zip disks, and CD-
ROMs.
VI/I. COPYRIGHT AND PUBLICATION.
8.01. COPYRIGHT. Subrecipient shall not assert any rights at common law, in equity or
otherwise seek to establish any claim to statutory copyright in any material or information
developed under this Contract. The parties expressly agree that the GLO shall own all right, title,
and interest in and to any copyright or other intellectual property rights and any material or
information developed under this Contract, including but not limited to the right to use, reproduce
GLO Contract No. 03-036
Page 6 of 9
or publish any or all of such information and other materials without the necessity of obtaining
permission from Subrecipient and without expense or charge.
8.02. PUBLICATION. If Subrecipient or its employee(s) use NOAA financial assistance to
publish reports and other materials completed as a result of this Contract, the author shall assure
that the paper bears the following statement as well as the NOAA and CMP logos on the fi'ont
cover or title page of such document and other mater/als:
A PUBLICATION (OR REPORT) OF THE COASTAL COORDINATION COUNCIL
PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AWARD NO. NA17OZ2353.
If Subrecipient or its employee(s) use NOAA financial assistance to publish a paper based in whole
or in part on the work funded by this Contract, the author shall assure that the paper bears the
following statement on the front cover or title page of the paper:
TH/S PAPER IS FUNDED ("IN PART" IF APPROPRIATE) BY A
GRANT/COOPERATIVE AGREEMENT FROM THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION. THE VIEWS
EXPRESSED I-IF, REIN ARE THOSE OF THE AUTHOR(S) AND DO NOT
NECESSARILY REFLECT THE VIEWS OF NOAA OR ANY OF ITS SUB-
AGENCIES.
IX. EVENTS OF DEFAULT AND REMEDIES.
9.01. EVENTS. Each of the following shall constitute events of default (Events of Default)
under th/s Contract:
(a) Subrecipient's failure to comply with any term, covenant or provision contained in this
Contract.
Co) Subrecipient makes an assignment for the benefit of creditors or takes any s/milar action
for the protection or benefit of creditors.
(c) If at any time, Subrecipient makes any representation or warranty which is incorrect in
any material respect in: (i) the Work Plan; (ii) any request for payment submitted to the GLO; or,
(i/i) any report submitted to the GLO related to the Contract.
9.02. REMEDIES. Upon the occurrence of any such Event of Default, the GLO shall be entitled
to avail itself of any equitable or legal remedy.
9.03. NO WAIVER. No waiver of any Event of Default shall be considered a waiver of any
other or subsequent Event of Default, and no delay or omission in the exercise or enforcement of
the rights and powers of the GLO shall be coustmed as a waiver of any such rights or powers.
GLO Contract No, 03-036
Page 7 of 9
X. MISCELLANEOUS PROVISIONS.
10.01. SUBCONTRACTS. Subrecipient may subcontract with other agencies and/or private
entities for some or all of the services or work to be performed in connection with the Project.
Subrecipient shall legally bind any such subcontractors to perform and make such subcontractors
subject to all the certifications, duties, requirements, and obligations of Subrecipient specified
herein. Nothing herein shall be construed to relieve Subrecipient of the responsibility for insuring
that the services and work rendered comply with all the terms and provisions of this Contract.
Subrecipient will provide the GLO with copies of all subcontracts and all amendments,
cancellations, or terminations to such subcontracts.
10.02. INDEMNITY. SUBRECIPIENT AGREES TO INDEMNIFY AND HOLD THE
GLO HARMLESS, TO THE, FULL EXTENT PERMITTED UNDER THE
CONSTITUTION AND LAWS OF THE STATE OF TEXAS, FROM AND AGAINST ANY
AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING FROM THE
NEGLIGENT ACTS OR OMISSIONS OF SUBRECIPIENT, ITS EMPLOYEES OR
AGENTS IN CONNECTION WITH THE PERFORMANCE OF SERVICES OR WORK
BY SUBRECIPIENT OR ITS SUBCONTRACTORS UNDER THIS CONTRACT. THE
PROVISIONS OF THIS SECTION 10.02 SHALL SURVIVE TERMINATION OF THIS
CONTRACT. THIS SECTION 10.02 SHALL NOT BE CONSTRUED AS VIOLATING
THE PROVISIONS OF TEX. CONST. ART. HI §52.
10.03. HISTORICALLY UNDERUTILIZED BUSINESSES. In accordance with state law, it
is the GLO's policy to assist historically underutilized businesses (HUB's), whether minority or
women-owned, to participate whenever possible in providing goods and services to the GLO. The
GLO encourages those parties with whom it contracts for the provision of goods and services to
adhere to this same policy in selecting sub-Subrecipients to assist in fulfilling Subrecipient's
obligations with the GLO. Subrecipient will provide the Purchasing Department of the GLO with
pertin~t details of any participation by a HUB in fulfilling the duties and obligations arising under
this Contract.
10.04. ENTIRE AGREEMENT. This Contract constitutes the entire agreement of the parties.
No other agreement, statement, or promise that is not contained in this Contract shall be binding
except a subsequent written modification signed by both parties.
10.05. GOVERNING LAW AND VENUE. Tiffs Contract shall be governed and construed in
accordance with the laws of Texas. Venue of any suit for breach of this Contract shall be fixed
in any court of competent iurisdicfion in Austin, Travis County, Texas,
10.06. SEVERABILITY. Should any one or more provisions of this Contract be held to be void,
voidable, or for any reason whatsoever of no fome and effect, such provision(s) shall be construed
as severable from the remainder of this Contract and shall not affect the validity of all other
provisions of this Contract, which shall remain in full force and effect.
GLO Contract No. 034)36
Page 8 of 9
10.07. HEADINGS. The headings contained in th/s Contract are for reference purposes only and
shall not in any way affect the meaning or interpretation of this Contract.
10.08. NOTICES. Any notice required or permitted to be delivered under this Contract shall be
deemed delivered when deposited in the United States mail, postage prepaid, certified mail, return
receipt requested, addressed to the GLO or Subrecipient, as the case may be, at the address set forth
below:
GLO:
General Land Office
Resource Management Program Area
1700 N. Congress Ave.
Austin, Texas 78701-1495
Attention: Ms. Melissa Porter
Subrecipient:
City of Port Arthur
444 4th Street
Port Arthur, TX 77640-6450
Attention: Mr. Dale Watson
Notice given in any other manner shall be deemed effective only if and when received by the party
to be notified. Either party may change its address for notice by written notice to the other party as
herein provided.
10.09. SURVIVAL. Sections 2.02, 3.03, 6.01, 6.02, 6.03, 8.01, 8.02, 10.01, 10.02 and 10.05 shall
survive termination ofth/s Contract as continuing agreements and obligations of Subrecipient.
GENERAL LAND OFFICE
CITY OF PORT ARTHUR
Larry L. Laine, Chief Clerk/
Deputy Land Commissioner
Date of ef
By:..
Title:
Date of execution:
GLO Contract No. 03-036
Page 9 of 9
ATTACHMENT A
GLO Contract No. 03-036
WORK PLAN
ATTACH~E~ A
GLO Contract No. 03-036 R
Page 1 of 2
Attachment A - Work Plan and Budget
Project Name: Port Arthur Boardwalk, Phase III
Entity: City of Port Arthur
Project Description:
The City of Port Arthur will construct an elevator tower and a 70-foot bridge at the existing boardwalk which
will provide improved access to the boardwalk for the disabled and at a location central to the ultimate length
of the boardwalk.
The tower will be constructed of materials similar to those of the boardwalk and will house an elevator and
stairs and will have a small observation deck. The bridge will span the gap between the tower and the
boardwalk and provide another viewing area of the ship channel.
This project will be the third phase of the boardwalk construction funded by the Coastal Management
Program (CMP). An overall development plan for the boardwalk was developed. This plan envisions the
boardwalk and associated pedestrian walk-ways connecting with existing public areas to provide access to
approximately 2 I/2 miles ofwaterfi'ont. In addition, a public dock located adjacent to the boardwalk has
been funded under the CMP,
The existing boardwalk and dock are used on a regular basis. Several passenger boats are making regular'
stops at Port Arthur and make use of the dock and boardwalk. Each passenger boat carries several hundred
passengers. The boardwalk is also used on a regular basis by people sitting or walking along the boardwalk
and watclfing the tankers and other boats pass. This usage accounts for several hundred visitors each month.
The boardwalk is also used to hold several hohday events such as candlehght services during Christmas and
the July 4th celebration.
Project Budget:
CMP $ Local $ Other $ Total Budget $
Salaries $0.00 $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00 $0.00
Travel $0.00 $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00 $0.00
Contractual $60,000.00 $40,000.00 $0.00 $100,000.00
Other $0.00 $0.00 $0.00 $0.00
Sub-Total $60,000.00 $40,000.00 $0.00 $100,000.00
Indirect Costs: $0.00 $0.00 $0.00 $0.00
Total: $60,000.00 $40,000.00 $0.00 $100,000.00
Attachment A - Work Plan and Budget
ATTACHMENT A
GLO Contract No. 03-036 R
Page2 of 2
Special Award Conditions:
This project must be completed as described in this work plan. Any changes in the scope of work or requests
for budget amendments exceeding 10% of the total project cost must be approved by NOAA and the CCC.
These requests will cause the project to be delayed.
Task 1 Description:
Develop engineering plans and specifications
The overall design was completed as part of Phase I of the project (funded by the city). Since that work has
already been completed, the only design/engineering work required will be the final design of the tower and
connecting bridge and the production of the plans and specifications required for the bidding and construction
of the project. .
Deliverable and Due Dates:
Copies of engineering contract and construction plans and specifications.
Deliverable Due Date: Month 6
Task 2 Description:
Obtain facilities and building permits
Two permits will be required prior to construction of the project. The penuits that will be obtained are the
facilities permit from Drainage District No. 7 and building permit fi.om the City of Port Arthur.
Deliverable and Due Dates:
Copies of facilities and building perm]ts.
Deliverable Due Date: Month 9
Task 3 Description:
Bidding process
Using plans and specifications developed under task 1, the city will advertise for bids and contract with a
construction firm in compliance with state contracting roles. The construction finn will be responsible for all
aspects of construction of the project.
Deliverable and Due Dates:
Copies of bid advertisement, bids received and executed coustruction contract.
· Deliverable Due Date: Month 9
Task 4 Description:
Constmction
Constuction of the elevator tower and a 70-foot bridge at the existing boardwalk will proceed upon selection
of a contractor.
Deliverable and Due Dates:
· Photo of completed projeet.
Deliverable Due Date: Month 15
ATTACFIMENT B
GLO Contract No. 03-036
PROGRESS REPORT
Attachment B
Page 1 of 2
PROGRESS REPORT
(Project Name)
(GLO Contract No.)
(Reporting Period)
Task 1: (Name of task as identified in contract Attachment A)
Description of the status of the task (started, finished, in progress)
List of the major accomplishments for the reporting period.
Identification of any problems or obstacles encountered (e.g., delays), remedial action taken,
and a revised schedule, if appropriate.
Description of the plans for the next reporting period, including deliverables due and their
delivery dates.
(Repeat for each task.)
Progress reports are required to contain a budget breakdown for each budget category. Invoices are
required only if you are requesting reimbursement of expenses from your federal budget. Include
documentation for your local expenditures with your progress report. Please indicate on each piece of
documentation whether it is a federal or local expense.
Federal Current CMP Billed to Date Obligated* Remaining
Budget Budget CMP Budget CMP Budget CMP Budget
Personnel $ $ $ $
Fringe $ $ $ $
Travel $ $ $ $
Supplies $ $ $ $
Equipment $ $ $ $
Contractual $ $ $ $
Other $ $ $ $
Subtotal $ $ $ $
Indirect Costs $ $ $ $
Totals $ $ $ $
Attachment B
Page 2 of 2
Local Current Local Billed to Date Obligated* Remaining
Budget Budget Local Budget Local Budget Local Budget
Personnel $ $ $ $
Fringe $ $ $ $
Travel $ $ $ $
Supplies $ $ $ $
Equipmeat $ $ $ $
Contractual $ $ $ $
Other $ $ $ $
Subtotal $ $ $ $
Indirect Costs $ $ $ $
Totals $ $ $ $
*Obligated includes - funds that have been incurred by the recipient but have not been paid by
the recipient, such as contract agreements orsupplies/mater~als/eqmpment' ' ' acquired, but not
invoiced.
ATTACHMENT C
GLO Contract No. 03-036
BUDGET AMENDMENT
BUDGET AMENDMENT
Attachment C
Page 1 of 1
Entity Name
Department
Address
City, State and ZIP
Project Name
Contact Name
Phone
Fax
GLO Contract No.
Budget Current Current Requested Requested Revised Revised~
Category CMP Local CMP Local CMP Local
Budget Budget Changes Changes Budget Budget
Personnel $ $ $ $ $ $
Fringe $ $ $ $ $ $
Travel $ $ $ $ $ $
Supplies $ $ $ $ $ $
Equipment $ $ $ $ $ $
Contractual $ $ $ $ $ $
Other $ $ $ $ $ $
Subtotal $ $ $ $ $ $
Indirect Costs $ $ $ $ $ $
Totals $ $ $ $ $ $
Please justify your request below (include additional sheets, as necessary).
Signature of Authorizing Official Date
ATTACHMENT D
GLO Contract No. 03-036
INVOICE FOR FEDERAL EXPENDITURES
MONTHLY GRANT PROJECT EQUIPMENT SHEET
MONTHLY GRANT PROJECT TIMESHEET
INVOICE FOR FEDERAL EXPENDITURES*
Attachment D
Page I of 4
Entity Name
Department
Address
City, State Zip.
Contact Name
Phone
Fax
GLO Contract #
Federal ID#
Budget CMP Amount Expenditures this Amount Previously Amount
Category Budgeted Invoice Invoiced Remainin~
Personnel $ $ $ $
Fringe $ $ $ $
Travel $ $ $ $
Supplies $ $ $ $
Equipment $ $ $ $
Contractual $ $ $ $
Other $ , $ $ $
Subtotal $ $ $ $
Indirect Costs $ $ $ $
Totals $ $ $ $
Attach timesheets/receipts/cancelied checks for all expenditures that you are submitting for
reimbursement.
Project Manager Signature Date
*Universities may submit their standard invoice in lieu of this invoice form.
MONTHLY GRANT PROJECT EQUIPMENT SHEET FOR DAILY RATES
Attachmeat D
Page 2 of 4
Project Name:
Employee Name:
Month and Year:
Equipment Used:
Total hours of equipment use:
Day
1
2
3
4
5
6
10
11
12
13
14
15
16
CALCULATION:
X
Days X
Day
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
Dally Rate/Equipment
$
Total for Month
certify that this information is correct.
Printed Name of Project Manager
Signature of Project Manager
Date
MONTHLY GRANT PROJECT TIMESHEET
Attachment D
Page 3 of 4
Project Name:
Employee Name:
Month and Year:
Total Hours Worked:
Day Hours Description of work performed:
1
10
I1
12
13
14
15
16
17
18
19
2O
21
22
Attachment D
Page 4 of 4
23
24
25
26
27
28
29
30
31
CALCULATION FOR SALARY:
X $
Hours X Hourly Rate
CALCULATIONS FOR FRINGE BENEFITS:
$ X %
Total Salary X Fringe Benefit Rate
Or
Total Hours
for Month
Total for Month
Total for Fringe Benefits
X $ = $
Hourly Fringe
X Benefit Rate = Total for Fringe Benefits
TOTAL FOR SALARY AND FRINGE BENEFITS
COMMENTS/NOTES:
I certify that this information is correct.
Employee Signature
Project Manager Signature
Date
Date
ATTACHMENT D-1
GLO Contract No. 03-036
LOCAL MATCH EXPENDITURES
MONTHLY GRANT PROJECT EQUIPMENT SHF~ET
MONTHLY GRANT PROJECT TIMESHEET
LOCAL MATCH EXPENDITURES*
Attachment D-1
Page 1 of 4
Entity Name
Department
Address
City, State Zip
Contact Name
Phone
Fax
GLO Contract #
Federal ID#
Budget Local Amount Expenditures this Amount Previously Amount
Category Budgeted Submission Submitted Remaining
Personnel $ $ $ $
Fringe $ $ $ $
Travel $ $ $ $
Supplies $ $ $ $
Equipment $ $ $ $
Contractual $ $ $ $
Other $ $ $ $
Subtotal $ $ $ $
Indirect Costs $ $ $ $
Totals $ $ $ $
Attach timesheets/receipts/cancelled checks for all expenditures that you are submitting to
document the required local match.
Project Manager Signature Date
*Universities may submit their standard invoice in lieu of this invoice form.
Attachment D-1
Page 2 of 4
MONTHLY GRANT PROJECT EQUII'MENT SHEET FOR DAILY RATES
If equipment will be used to meet match requirement, submit monthly with progress reports.
Project Name:
Employee Name:
Month and Year:
Equipment Used:
Total hours of equipment use:
Day
1
3
4
6
7
8
9
10
11
12
13
14
15
16
CALCULATION:
X
Days X
Day
17
18
19
2O
21
22
23
24
26
27
28
29
3O
31
Daffy Rate/Equipment
Total for Month
I certify that this information is correct.
Printed Name of Project Manager
Signature of Project Manager.
Date
Attachment D-1
Page 3 of 4
MON'fHLY GRANT PROJECT TIM~SHEET
If salaries and fringe benefits will be used to meet match requirement, submit monthly with progress reports.
Project Name:
Employee Name:
Month and Year:
Total Hours Worked:
Day Hours Description of work performed:
1
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
Attachment D-1
Page 4 of 4
23
24
25
26
27
28
29
3O
31
CALCULATION FOR SALARY:
X $
Hours X Hourly Rate
CALCULATIONS FOR FRINGE BENEFITS:
$ X
Total Salary X
Or
Fringe Benefit Rate =
Total Hours
for Month
$
Total for Month
Total for Fringe Benefits
X $ = $
Hourly Fringe
X Benefit Rate = Total for Fringe Benefits
TOTAL FOR SALARY AND FRINGE BENEFITS
COMMENTS/NOTES:
I certify that this information is correct.
Employee Signature
Project Manager Signature
Date
Date
ATTACHMENT E
GLO Contract No. 03-036
ASSURANCES - CONSTRUCTION/NON-CONSTRUCTION PROGRAMS
ASSURANCES - CONSTRUCTION PROGRAMS
ATTACHMENT E
Page 1 of 2
Public repoAing burden for this collection of information is estimated to average 15 minutes per response including t me for rev ew ng
nstructions, search ng ex[sting 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 (0348-0042), 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 assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
Has the legal authority to apply for Federal assistance,
and the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal share
of project costs) to ensure proper planning,
management and completion of the project described in
this application.
Will give the awarding agency, 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, or
documents relatad to the assistance; and will establish
a proper accounting system in accordance with
generally accepted accounting standards or agency
directives.
Will not dispose of, modify the use of, or change the
terms of the real property title, or other interest in the
site and facilities without permission and instructions
from the awarding agency. Will record the Federal
interest in the title of real property in accordance with
awarding agency directives and will include a covenant
in the title of real property aquired in whole or in part
with Federal assistance funds to assure non-
discrimination during the useful life of the project.
Will comply with the requirements of the assistance
awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
Will provide and maintain competent and adequate
engineering supervision at the construction site to
ensure that the complete work conforms with the
approved plans and specifications and will furnish
progress reports and such other information as may be
required by the assistance awarding agency or State.
Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
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.
Will comply with the Intergovernmental Personnel Act
of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded
under one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Medt System of
Personnel Administration (5 C.F.R. 900, Subpart F).
Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §~4801 et seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
10.
Will comply with all Federal statutes relating to non-
discrimination. 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.O. §§1681
1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C.
§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) {}{}523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §{}290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Standard Form 424D (Rev. 7-97)
Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102
ATTACttMENT E
Pa~e 2 of 2
11.
12.
13.
14.
15.
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is
acquired as a result of Federal and federelly-assisted
programs. These requirements apply to all interests in real
property acquired for project purposes regardless of
Federal participation in purchases.
Will comply with the provisions of the Hatch Act (5 U,S.C.
{}{}1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. §{}276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333) regarding labor standards for federally-assisted
construction subagreements.
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
flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more,
Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the
16.
17.
18.
19.
National Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (bi notification
of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance
with EO 11988; (e) assurance of project consistency
with the approved State management program
developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 et seq.); (fi conformity of
Federal actions to State (Clean Air) Implementation
Plans under Section 176(c) of the Clean Air Act of
1955, as amended (42 U.S.C, §§7401 et seq.); (g)
protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (hi protection of
endangered species under the Endangered Species Act
of 1973, as amended (P.L. 93-205).
Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C, §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §~469a-1 et seq.).
Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
APPLICANT ORGANIZATION
TITLE
DATE SUBMITTED
SF-424D (Rev, 7-97) Back
ATTACHMENT F
GLO Contract No. 03-036
CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION (15 CFR PARTS 26 and 28)
FORM CD-St2
7-91) LF
ATTACHMENT F
Psge I of 1
U,S. DEPARTMENT OF COMMERCe
CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
AND LOBBYING
Applicants should refer to the regulations cited below to determine the certification to which thay are required to attest.
Applicants should also review the instructions for certification included in the regulation~ before completing this form, Signature
on this form provides for compliance with certification requirements under 15 CFR Part 26, "Govemmentwide Debarment and
Suspension (Nonprocurement)" and 15 CFR Part 28, 'New Restrictions on Lobbying,"
DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION--LOWER TIER
COVERED TRANSACTIONS
As required by executive Order 12549, Debarment and
Suspension, and implemented at 15 CFR Part 26, Section 26.510,
Participants responsibilities, for prospective padic[pants In lower tier
covered transactions (except subcontracts for goods or sea, ices
under the $25,000 small pumhase threshold unless the subtler
recipient will have a critical influence on or substantive control over
the award), as defined at 15 CF Part 26, Sections 26.105 and
26.110---
(1) The prospective lower tier paracipant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded ~'om participation in this transaction by any
Federal department or agency.
{2) Where the prospective lower tier pa~cipant is unable t~ certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
(2) If any funds other than Federal appropdafad 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 Form to Report Lobbying."
in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shaJI cedify and disciosa accordingly.
This certification is a matedal 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
entedng into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to tile 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.
2. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
in~piemenfad at 15 CFR Part 28, for persons entedng into a grant,
cooperative agreement or contract over $100,000 or a loan or loan
guarantee over $150,000 as defined at 15 CFR Part 28, Sections
28.105 and 28.110, the applicant certifies that 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 any agency, a
Member of Congress in conncection with the awarding of any
Federal contract, the making of any Federal grant, the making of
any Federal loan, the entedng into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperath/e
agreement.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and
belief, that:
In any funds have been peid 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 Form to Report Lobbying," 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.
A~y 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.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the
above applicable certification(s).
NAME OF APPLICANT
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
AWARD NUMBER AND/OR PrOJECt NAME
SIGNATURE
IDATE