HomeMy WebLinkAboutPR 24169: RATIFYING CDBG DISASTER GRANT ACCEPTANCE City of
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INTEROFFICE MEMORANDUM
Date: February 25, 2025
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager, CPM
From: Pamela Langford, Director of Development Services
RE: P.R. No. 24169—Ratifying CDBG Disaster Grant Acceptance
Introduction:
This agenda item seeks the City Council's approval to ratify the City Manager's decision to
accept the grant funds in the amount of$990,000.00 from the 2019 United States Housing&
Urban Development Block Grant.
Background:
The City of Port Arthur was awarded$990,000.00 from the Texas General Land Office for the
removal existing pavement, compact subgrade, install base, pavement, curb and gutter, strip
roadway, mark pavement, and complete associated appurtenances.
Construction shall take place at the following locations: along 9th Avenue Southbound Lanes.
From the intersection of Jimmy Johnson Boulevard and 9th Avenue southeast to the intersection
of 9th Avenue and Greenway Pointe Drive. The restoration project will aid in the 9th Avenue
emergency evacuation route project.
The total cost of the project is $1,597,968.05. Per Resolution 24-509,the City of Port Arthur will
commit $607,968.05 to the 9th Avenue Restoration Project, and a grant from the Texas General
Land Office will provide the remaining $990,000.00.
Budget Impact:
The Public Works Department budget will commit $607,968.05 in Capital Account No. 307-21-
053-8517-00-10-00; the remaining funds will come from a$990,000 grant from the Texas
General Land Office.
Recommendation:
It is recommended that the City Council approve PR No. 24169, ratifying the acceptance of the
2019 CDBG Disaster Funding.
PR#24169
02/10/2025-CMG-Grants Management
Page 1
RESOLUTION NO.
A RESOLUTION RATIFYING THE CITY MANAGER'S ACCEPTANCE OF
GRANT FUNDS IN THE AMOUNT OF $990,000.00 FROM THE 2019 UNITED
STATES HOUSING AND URBAN DEVELOPMENT BLOCK GRANT DISASTER
RECOVERY (CDBG-DR) GRANT FUND 148 FOR THE 9TH AVENUE
RESTORATION PROJECT, WITH A LOCAL MATCH OF $607,968.05 IN
CAPITAL ACCOUNT: 307-21-053-8517-00-10-00 FOR A TOTAL PROJECT COST
OF $1,597,969.00, CONTINGENT UPON APPROVAL OF A BUDGET
AMENDMENT IN PROPOSED ORDINANCE NO. 7317
WHEREAS,the City of Port Arthur was impacted during the 2019 Disasters that
overwhelmed its streets with flood waters that threatened public health, safety and welfare; and,
WHEREAS,the City of Port Arthur applied for grant funds through the Texas General
Land Office (GLO) for financial assistance with disaster recovery; and,
WHEREAS,the City of Port Arthur was successful in meeting all eligibility
requirements being a distressed area resulting from the 2019 tropical storms and flooding; and,
WHEREAS, GLO through HUD awarded CDBG-DR funds to the City of Port Arthur in
the amount of$990,000.00 to facilitate activities related to disaster relief, long-term recovery,
and restoration of infrastructure; and,
WHEREAS,per Resolution 24-509, the City of Port Arthur will commit a local match of
$607,968.05 to the 9th Avenue Restoration Project; and
WHEREAS, grant monies were awarded under CDBG-DR Federal Award Number B-
19-DF-48-0001; and,
WHEREAS, on January 17, 2025, GLO Contract No. 24-067-035-E223 was received
and signed by the City Manager, as delineated in Attachment"A"; and,
WHEREAS,in accordance with the Performance Statement under GLO Contract No.
24-067-035-E223,the City of Port Arthur, (i.e., Public Works Department-Engineering
Division), will remove existing pavement, compact subgrade, install base, pavement, curb and
gutter, strip roadway, mark pavement, and complete associated appurtenances at the following
PR#24169
02/10/2025-CMG-Grants Management
Page 2
locations: Along 9th Avenue South Bound lanes, from intersection of Jimmy Johnson Boulevard
and 9th Avenue southeast to the intersection of 9th Avenue and Greenway Pointe Drive as
delineated in Exhibit"B", and,
WHEREAS,the City Council's ratification of the City Manager's decision to accept
grant funding and execute all contracts and agreements from the CDBGR-DR Grant Program is
herein deemed an appropriate action.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT,the City Council of the City of Port Arthur hereby ratifies the City Manager's
decision to accept federal funding in the amount of$990,000.00 through GLO Contract No. 24-
067-035-E223 under the CDBG- Disasters Recovery Program; and,
THAT,the local match of$607,968.05 in Capital Account: 307-21-053-8517-00-10-00,
will be contingent upon approval of a budget amendment in Proposed Ordinance No. 7317; and,
THAT, a copy of the caption of the resolution be spread upon the minutes of the City
Council.
READ, ADOPTED AND APPROVED this day of
A.D., 2025, at a Regular Meeting of the City Council of the City of
Port Arthur. Texas, by the following vote:
AYES: MAYOR
COUNCILMEMBERS:
NOES:
MAYOR
PR#24169
02/10/2025-CMG-Grants Management
Page 3
ATTEST:
SHERRI BELLARD
CITY SECRETARY
APP T F
ROXANN PAIS COTRONEO
CITY ATTORNEY
APPROVED ` ' ADMINISTRATION:
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OrapPr
RONALD BU ' ' 0 N, CPM
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PAMELA LANGFO
ASSISTANT CITY MANAGER-OPERATIONS/
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED AS FOR AVAILABILITY OF FUNDS
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L A BOSWELL,MA, ICMA-CM
DIRECTOR OF FINANCE
PR#24169
02/10/2025-CMG-Grants Management
Page 4
EXHIBIT "A"
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GLO CONTRACT No. 24-067-035-E223
COMMUNITY DEVELOPMENT BLOCK GRANT
DISASTER RECOVERY PROGRAM INFRASTRUCTURE PROJECTS
NON-RESEARCH&DEVELOPMENT
2019 DISASTERS FUNDING
The GENERAL LAND OFFICE (the "GLO"), a Texas state agency, and CITY OF PORT ARTHUR,
Texas Identification Number (TIN) 17460018850 ("Subrecipient"), each a "Party" and
collectively the "Parties," enter into this Subrecipient agreement (the "Contract") under the U.S.
Department of Housing and Urban Development's Community Development Block Grant
Disaster Recovery ("CDBG-DR") program to provide financial assistance with funds
appropriated under the Additional Supplemental Appropriations for Disaster Relief Act, 2019
(Pub. L. 116-20), enacted June 6, 2019, for necessary expenses for Activities authorized under
Title I of the Housing and Community Development Act of 1974 (42 U.S.C. § 5301 et seq.)
related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic
revitalization, mitigation, and affirmatively furthering fair housing, in accordance with Executive
Order 12892, in the most impacted and distressed areas resulting from the 2019 Texas Severe
Storms and Flooding (DR-4454) or Tropical Storm Imelda (DR-4466), also referred to
individually and collectively as the "2019 Disasters," major disasters declared in 2019 pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et
seq.).
Through CDBG-DR Federal Award Number B-19-DF-48-0001, awarded March 22, 2021, as
may be amended from time to time, the GLO administers grant funds as Community
Development Block Grants (Catalog of Federal Domestic Assistance Number 14.228,
"Community Development Block Grants/State's program and Non-Entitlement Grants in
Hawaii"), as approved by the Texas Land Commissioner and limited to use for facilitating
recovery efforts in Presidentially-declared major disaster areas.
ARTICLE I-GENERAL PROVISIONS
1.01 SCOPE OF PROJECT AND SUBAWARD
(a) Scope of Project
The purpose of this Contract is to set forth the terms and conditions of
Subrecipient's participation in the CDBG-DR program. In strict conformance
with the terms and conditions of this Contract, Subrecipient shall perform, or
cause to be performed, the Infrastructure Activities defined in Attachment A (the
"Project"). Subrecipient shall conduct the Project in strict accordance with this
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Contract, including all Contract Documents listed in Section 1.02, below, and any
Amendments, Revisions, or Technical Guidance Letters issued by the GLO.
(b) Subaward
Subrecipient submitted a Grant Application under the Program. The GLO enters
into this Contract based on Subrecipient's approved Grant Application.
Subject to the terms and conditions of this Contract and Subrecipient's approved
Grant Application, the GLO shall issue a subaward to Subrecipient in an amount
not to exceed $990,000.00, payable as reimbursement of Subrecipient's allowable
expenses, to be used in strict conformance with the terms of this Contract and the
Performance Statement, Budget, and Benchmarks in Attachment A.
The GLO is not liable to Subrecipient for any costs Subrecipient incurs before the
effective date of this Contract or after the expiration or termination of this
Contract. The GLO, in its sole discretion, may reimburse Subrecipient for
allowable costs incurred before the effective date of this Contract, in accordance
with federal law.
1.02 CONTRACT DOCUMENTS
This Contract and the following Attachments, attached hereto and incorporated herein in
their entirety for all purposes, shall govern this Contract:
ATTACHMENT A: Performance Statement, Budget, and Benchmarks
ATTACHMENT B: Federal Assurances and Certifications
ATTACHMENT C: General Affirmations
ATTACHMENT D: Nonexclusive List of Applicable Laws, Rules, and Regulations
ATTACHMENT E: Special Conditions
ATTACHMENT F: Monthly Activity Status Report
ATTACHMENT G: GLO Information Security Appendix
ATTACHMENT H: Contract Reporting Template
1.03 GUIDANCE DOCUMENTS
Subrecipient is deemed to have read and understood, and shall abide by, all Guidance
Documents applicable to the CDBG-DR program, including, without limitation, the
following:
(a) 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards;
(b) the relevant Federal Register publications;
(c) the Action Plan;
(d) the Method of Distribution(as applicable);
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(e) Other guidance posted at: https://recovery.texas.gov/action-plans/2019-
disasters/index.html; and
(f) Other guidance posted at: https://www.hudexchange.info/.
All Guidance Documents identified herein are incorporated herein in their entirety for all
purposes.
1.04 DEFINITIONS
"Acquisition" means the purchase by Subrecipient of residential real property in a
floodplain or Disaster Risk Reduction Area for any public purpose, as further defined in
42 U.S.C. § 5305(a)(1). Subrecipient may acquire property through the property owner's
voluntary relinquishment of the property upon Subrecipient's purchase of it or through
Subrecipient's eminent domain authority.
"Act" means Title I of the Housing and Community Development Act of 1974, as
amended(42 U.S.C. § 5301, et seq.).
"Action Plan" means the State of Texas CDBG-DR Action Plan: 2019 Disasters, as may
be amended, found at https://recoverv.texas.gov/action-plans/2019-disasters/index.html.
"Activity" means a defined class of works or services eligible to be accomplished using
CDBG-DR funds. Activities are specified in Subrecipient's Performance Statement and
Budget in Attachment A.
"Administrative and Audit Regulations" means all applicable statutes, regulations, and
other laws governing administration or audit of this Contract, including Title 2, Part 200,
of the Code of Federal Regulations and Chapters 321 and 2155 of the Texas Government
Code.
"Advance Payment" means any payment issued by the GLO to Subrecipient before
Subrecipient disburses awarded funds for Program purposes, as further defined at 2
C.F.R. § 200.1 and 2 C.F.R. § 200.305.
"Amendment" means a written agreement, signed by the Parties hereto, that documents
alterations to the Contract other than those permitted by Technical Guidance Letters or
Revisions, as herein defined.
"Application" or"Grant Application"means the information Subrecipient provided to the
GLO that is the basis for the award of funding under this Contract.
"As-Built Plans" means the revised set of drawings submitted by a contractor upon
completion of a project or a particular job that reflects all changes made in the
specifications and working drawings during the construction process and show the exact
dimensions, geometry, and location of all elements of the work completed under the
project.
"Attachment" means documents, terms, conditions, or additional information physically
added to this Contract following the execution page or included by reference.
"Audit Certification Form" means the form, as specified in the GLO Guidance
Documents, that Subrecipient will complete and submit to the GLO annually, in
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accordance with Section 4.01 of this Contract, to identify Subrecipient's fiscal year
expenditures.
"AUGF"means HUD Form 7015.16,Authority to Use Grant Funds.
"Benchmark" means the milestones identified in Attachment A that define actions and
Deliverables required to be completed by Subrecipient for release of funding by the GLO
throughout the life of the Contract.
"Budget" means the budget for the Activities funded by the Contract, a copy of which is
included in Attachment A.
"Buyout" means an Acquisition of real property in a floodplain or Disaster Risk
Reduction Area that Subrecipient makes with the intent to reduce risk of real and
personal property damage from future flooding events. Real property purchased under a
local Buyout program is subject to post-acquisition land-use restrictions, which require
that any structures on the property be demolished or relocated and the land be reverted to
a natural floodplain, converted into a retention area, or retained as green space for
recreational purposes.
"CDBG-DR" means the Community Development Block Grant Disaster Recovery
Program administered by the U.S. Department of Housing and Urban Development, in
cooperation with the GLO.
"Certificate of Construction Completion" or "COCC" means a document to be executed
by Subrecipient, Subrecipient's construction contractor, and Subrecipient's engineer for
each construction project that, when fully executed, provides final performance measures
for the project and indicates acceptance of the completed project.
"C.F.R." means the United States Code of Federal Regulations, the codification of the
general and permanent rules and regulations (sometimes called administrative law)
published in the Federal Register by the executive departments and agencies of the
federal government of the United States.
"Contract" means this entire document; any Attachments, both physical and incorporated
by reference; and any Amendments, Revisions, or Technical Guidance Letters the GLO
may issue, to be incorporated by reference herein for all purposes as they are issued.
"Contract Documents"means the documents listed in Section 1.02.
"Contract Period" means the period of time between the effective date of the Contract
and its expiration or termination date.
"Deliverable" means a work product required to be submitted to the GLO as set forth in
the Performance Statement and Benchmarks, which are included in Attachment A.
"Disaster Risk Reduction Area" means a clearly delineated area established by
Subrecipient in which real property suffered damage from the 2019 Disasters and in
which the safety and well-being of area residents are at risk from future flooding events.
"DRGR" means the U.S. Department of Housing and Urban Development's Disaster
Recovery and Grant Reporting System.
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"Environmental Review Record" or "ERR" means the cumulative documentation
required for each Activity or project to certify whether or not the Activity or project was
found to have significant impacts on the environment and certify that, in order to reach
said conclusion, the required environmental review process was completed in accordance
with HUD's environmental regulations.
"Equipment" means tangible personal property (including information technology
systems) having a useful life of more than one year and a per-unit acquisition cost that
equals or exceeds the lesser of the capitalization level established by Subrecipient for
financial statement purposes or$10,000, as defined at 2 C.F.R. § 200.1.
"Event of Default" means the occurrence of any of the events set forth in Section 3.03,
herein.
"Federal Assurances" means Standard Form 424B (for non-construction projects) or
Standard Form 424D (for construction projects), as applicable, in Attachment B,
attached hereto and incorporated herein for all purposes.
"Federal Certifications" means the document titled "Certification Regarding Lobbying —
Compliant with Appendix A to 24 C.F.R. Part 87" and Standard Form LLL, "Disclosure
of Lobbying Activities," also in Attachment B, attached hereto and incorporated herein
for all purposes.
"Federal Register" means the official journal of the federal government of the United
States that contains government agency rules, proposed rules, and public notices,
including U.S. Department of Housing and Urban Development's Federal Register
Notices 85 Fed. Reg. 4681 (January 27, 2020), 86 Fed. Reg. 569 (January 6, 2021), and
any other publication affecting CDBG-DR allocations funding this Contract.
"Fiscal Year" means the period beginning September 1 and ending August 31 each year,
which is the annual accounting period for the State of Texas.
"FWCR"means Final Wage Compliance Report, a report Subrecipient will prepare at the
completion of each federally funded project to certify that all workers on the project have
been paid contract-specified prevailing wages and that any restitution owed to workers
has been paid.
"GAAP"means "generally accepted accounting principles."
"GASB" means accounting principles as defined by the Governmental Accounting
Standards Board.
"General Affirmations" means the affirmations in Attachment C, which Subrecipient
certifies by signing this Contract.
"GLO"means the Texas General Land Office and its officers, employees, and designees,
acting in their official capacities.
"GLO Implementation Manual" means the manual created by the GLO for subrecipients
of CDBG-DR grant allocations to provide guidance and training on the policies and
procedures required so that subrecipients can effectively implement CDBG-DR programs
and timely spend grant funds.
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"Grant Completion Report" or "GCR" means a report containing an as-built accounting
of all Activities completed under the Project and all information required for final
acceptance of Deliverables and Contract closeout.
"Grant Manager" means the authorized representative of the GLO responsible for the
day-to-day management of the Project and the direction of staff and independent
contractors in the performance of work relating thereto.
"Guidance Documents" means the documents referenced in Section 1.03.
"HUD"means the United States Department of Housing and Urban Development.
"Implementation Schedule" means the schedule that establishes the Project milestones
Subrecipient will utilize to ensure timely expenditures and Project completion.
"Infrastructure" means a project involving the creation of, repairs to, or replacement of
public-works facilities and systems, including roads, bridges, dams, water and sewer
systems, railways, subways, airports, and harbors. The term "Infrastructure" may also
include a Planning Study project that relates to or affects Infrastructure facilities or
systems.
"Intellectual Property" means patents, rights to apply for patents, trademarks, trade
names, service marks, domain names, copyrights and all applications and worldwide
registration of such, schematics, industrial models, inventions, know-how, trade secrets,
computer software programs, other intangible proprietary information, and all federal,
state, or international registrations or applications for any of the foregoing.
"Low- and Moderate-Income" or "LMI" means a family or individual household whose
annual income does not exceed eighty percent (80%) of the median family income or
such other income limits as determined by HUD. This definition includes Very-Low-,
Low-, and Moderate-Income households.
"MID" means "most impacted and distressed," referencing a geographical area identified
by the State of Texas or HUD as an area that sustained significant damage from a major
disaster.
"Monthly Activity Status Report" means a monthly Project Benchmark status report, as
required under Section 4.02, for which a template is included as Attachment F of this
Contract.
"NTP" means "notice to proceed," a written authorization from the GLO to Subrecipient
that allows Subrecipient to commence the work described in the NTP.
"Performance Statement" means the statement of work for the Project in Attachment A,
which includes specific Benchmarks and Activities, provides specific Project details and
location(s), and lists Project beneficiaries.
"Planning" means an Activity performed to assist in determining community disaster
recovery needs such as urban environmental design, flood control, drainage
improvements, surge protection, or other recovery responses. Planning services cannot
include engineering design.
"Program" means the CDBG-DR program, administered by HUD and the GLO.
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"Project" means the work to be performed under this Contract, as described in Section
1.01(a)and Attachment A.
"Public Information Act" or"PIA"means Chapter 552 of the Texas Government Code.
"Revision" means the GLO's written approval of changes to Deliverable due dates,
movement of funds among budget categories, and other Contract adjustments the GLO
may approve without a formal Amendment.
"Start-Up Documentation" means the documents identified in Section 2.8.1 of the GLO
Implementation Manual that must be completed and/or submitted to the GLO as specified
in Section 4.01, below, before the GLO may reimburse Subrecipient for any invoiced
expenses.
"Subrecipient" means City of Port Arthur, a recipient of federal CDBG-DR funds
through the GLO as the pass-through funding agency. Subrecipient may also be referred
to as "Provider"herein.
"Technical Guidance Letter" or "TGL" means an instruction, clarification, or
interpretation of the requirements of this Contract or the CDBG-DR Program that is
issued by the GLO and provided to Subrecipient, applicable to specific subject matters
pertaining to this Contract, and to which Subrecipient shall be subject as of a specific
date.
"Texas Integrated Grant Reporting System" or "TIGR"means the GLO system of record
for documenting and reporting the use of grant funding.
"U.S.C."means the United States Code.
1.05 INTERPRETIVE PROVISIONS
(a) The meaning of a defined term applies to its singular and plural forms.
(b) The words "hereof," "herein," "hereunder," and similar words refer to this
Contract as a whole and not to any particular provision, section, Attachment, or
schedule of this Contract unless otherwise specified.
(c) The term"including"means "including, without limitation."
(d) Unless otherwise expressly provided, a reference to a contract includes
subsequent amendments and other modifications thereto that were executed
according to the contract's terms and a reference to a statute, regulation,
ordinance, or other law includes subsequent amendments, renumbering,
recodification, and other modifications thereto made by the enacting authority.
(e) The captions and headings of this Contract are for convenience of reference only
and shall not affect the interpretation of this Contract.
(f) The limitations, regulations, and policies contained herein are cumulative and
each must be performed in accordance with its terms without regard to other
limitations, regulations, and policies affecting the same matter.
(g) Unless otherwise expressly provided, reference to any GLO action by way of
consent, approval, or waiver is deemed modified by the phrase "in its sole
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discretion." Notwithstanding the preceding, the GLO shall not unreasonably
withhold or delay any consent, approval, or waiver required or requested of it.
(h) All due dates and/or deadlines referenced in this Contract that occur on a weekend
or holiday shall be considered as if occurring on the next business day.
(i) All time periods in this Contract shall commence on the day after the date on
which the applicable event occurred,report is submitted, or request is received.
(j) Time is of the essence in this Contract.
(k) In the event of conflicts or inconsistencies between this Contract, its Attachments,
federal and state requirements, and any documents incorporated herein by
reference, such conflicts or inconsistencies shall be resolved by reference to the
documents in the following order of priority: all applicable laws, rules, and
regulations, including, but not limited to, those included in Attachment D; the
Contract; Attachment A; Attachment E; Attachment B; Attachment C;
Attachment F; Attachment G; Attachment H; applicable Guidance Documents;
and the GLO Implementation Manual. Conflicts or inconsistencies between GLO
Implementation Manual and this Contract; any laws, rules, or regulations; or any
of the Guidance Documents should be reported to the GLO for clarification of the
GLO Implementation Manual.
ARTICLE II—REIMBURSEMENT,ADVANCE PAYMENT,AND INCOME
2.01 REIMBURSEMENT REQUESTS
Each invoice submitted by Subrecipient shall be supported by actual receipts, cancelled
checks, and/or such other documentation that, in the judgment of the GLO, allows for full
substantiation of the costs incurred. Requests for payment must be submitted via the
GLO's Texas Integrated Grant Reporting (TIGR) system of record or as otherwise
specified in a Technical Guidance Letter issued under this Contract.
Subrecipient will be paid in accordance with the Contract Budget and the Benchmarks
described in Attachment A. Failure by Subrecipient to perform any action or submit any
Deliverable as described in Attachment A could result in the GLO placing a hold on
further Subrecipient draws, conducting an official monitoring risk assessment, or
requiring repayment, in part or in full, by Subrecipient of drawn funds in addition to other
remedies provided to the GLO under this Contract.
A draw request for an Advance Payment must be supported with documentation clearly
demonstrating that the Advance Payment is required by Subrecipient in order for
Subrecipient to continue carrying out the purpose of the Project.
2.02 TIMELY EXPENDITURES
In accordance with the Federal Register and to ensure timely expenditure of grant funds,
Subrecipient shall submit reimbursement requests under this Contract, at a minimum,
quarterly.
THE GLO MUST RECEIVE A REIMBURSEMENT REQUEST FOR AN INCURRED EXPENSE
NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS FROM THE DATE SUBRECIPIENT
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OR ANY OF ITS SUBCONTRACTORS INCUR THE EXPENSE. THE GLO MAY, IN ITS SOLE
DISCRETION, DENY REIMBURSEMENT REQUESTS THAT DO NOT MEET THIS
REQUIREMENT, ISSUE DELINQUENCY NOTICES, WITHHOLD CAPACITY POINTS ON
FUTURE FUNDING COMPETITIONS, IMPOSE A MONITORING REVIEW OF SUBRECIPIENT'S
ACTIVITIES,OR IMPLEMENT OTHER CORRECTIVE ACTIONS.
Unless otherwise instructed in this Section, Subrecipient shall submit final
reimbursement requests to the GLO prior to Contract expiration or within thirty(30) days
after the date of Contract termination. The GLO, in its sole discretion, may deny payment
and de-obligate remaining funds from the Contract upon expiration or termination of the
Contract. The GLO's ability to de-obligate funds under this Section 2.02
notwithstanding, the GLO shall pay all eligible reimbursement requests that are timely
submitted.
2.03 PROGRAM INCOME
In accordance with 24 C.F.R. § 570.489(e), Subrecipient shall maintain records of the
receipt and accrual of all program income, as "program income" is defined in that
section. Subrecipient shall report program income to the GLO in accordance with Article
IV of this Contract. Subrecipient shall return all program income to the GLO at least
quarterly unless otherwise authorized by the GLO in writing. Any GLO-authorized use of
Program Income by Subrecipient shall be subject to GLO, HUD, and statutory
restrictions and requirements.
ARTICLE III-DURATION,EXTENSION,AND TERMINATION OF CONTRACT
3.01 DURATION OF CONTRACT AND EXTENSION OF TERM
This Contract shall become effective on the date on which it is signed by the last Party
and shall terminate on October 31, 2026, or upon the completion of all Benchmarks
listed in Attachment A and required closeout procedures, whichever occurs first.
Subrecipient must meet all Project Benchmarks identified in Attachment A.
Subrecipient's failure to meet any Benchmark may result in suspension of payment
or termination under Sections 3.02,3.03,or 3.04,below.
Upon receipt of a written request and acceptable justification from Subrecipient, the
GLO, at its discretion, may agree to amend this Contract to extend the Contract Period
two (2) times for a period of up to one (1) year each. ANY REQUEST FOR EXTENSION
MUST BE RECEIVED BY THE GLO AT LEAST SIXTY (60) DAYS BEFORE THE ORIGINAL
TERMINATION DATE OF THIS CONTRACT AND,IF APPROVED,SUCH EXTENSION SHALL BE
DOCUMENTED IN A WRITTEN AMENDMENT.
3.02 EARLY TERMINATION
The GLO may terminate this Contract by giving written notice specifying a termination
date at least thirty (30) days after the date of the notice. Upon receipt of such notice,
Subrecipient shall cease work, terminate any subcontracts, and incur no further expense
related to this Contract. Such early termination shall be subject to the equitable settlement
of the respective interests of the Parties, accrued up to the date of termination.
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3.03 EVENTS OF DEFAULT
Each of the following events shall constitute an Event of Default under this Contract: (a)
Subrecipient fails to comply with any term, covenant, or provision contained in this
Contract; (b) Subrecipient makes a general assignment for the benefit of creditors or
takes any similar action for the protection or benefit of creditors; or (c) Subrecipient
makes a materially incorrect representation or warranty in a Performance Statement, a
reimbursement request for payment, or any report submitted to the GLO under the
Contract. Prior to a determination of an Event of Default, the GLO shall allow a thirty
(30) day period to cure any deficiency or potential cause of an Event of Default. The
GLO may extend the time allowed to cure any deficiency or potential cause of an Event
of Default. The GLO shall not arbitrarily withhold approval of an extension of the time
allowed to cure a deficiency or potential cause of an Event of Default. In no event shall
the amount of time allowed to cure a deficiency or potential cause of an Event of Default
extend beyond the Contract Period.
3.04 REMEDIES;NO WAIVER
Upon the occurrence of any Event of Default, the GLO may avail itself of any equitable
or legal remedy available to it, including without limitation, withholding payment,
disallowing all or part of noncompliant Activities, or suspending or terminating the
Contract.
The Parties' rights or remedies under this Contract are not intended to be exclusive of any
other right or remedy, and each and every right and remedy shall be cumulative and in
addition to any other right or remedy given under this Contract, or hereafter legally
existing, upon the occurrence of an Event of Default. The GLO's failure to insist upon
the strict observance or performance of any of the provisions of this Contract or to
exercise any right or remedy provided in this Contract shall not impair, waive, or
relinquish any such right or remedy with respect to another Event of Default.
3.05 REVERSION OF ASSETS
Upon expiration or termination of the Contract and subject to this Article:
(a) If applicable, Subrecipient shall transfer to the GLO any CDBG-DR funds
Subrecipient has in its possession at the time of expiration or termination that are
not attributable to work performed on the Project and any accounts receivable
attributable to the use of CDBG-DR funds awarded under this Contract; and
(b) If applicable, real property under Subrecipient's control that was acquired or
improved, in whole or in part, with funds in excess of$25,000 under this Contract
shall be used to meet one of the CDBG-DR National Objectives pursuant to 24
C.F.R. § 570.208, as identified in the Action Plan, until five (5) years after the
expiration of this Contract or such longer period of time as the GLO deems
appropriate. If Subrecipient fails to use the CDBG-DR funded real property in a
manner that meets a CDBG-DR National Objective for the prescribed period of
time, Subrecipient shall pay the GLO an amount equal to the current fair market
value of the property less any portion of the value attributable to expenditures of
non-CDBG-DR funds for acquisition of, or improvement to, the property.
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Subrecipient may retain real property acquired or improved under this Contract
after the expiration of the five-year period or such longer period of time as the
GLO deems appropriate.
ARTICLE IV-CONTRACT ADMINISTRATION
4.01 SUBMISSIONS—GENERALLY
Except for legal notices that must be sent by specific instructions pursuant to Section
8.12 of the Contract, any report, form, document, or request required to be submitted to
the GLO under this Contract shall be sent in the format prescribed by the GLO.
If Subrecipient fails to submit to the GLO any required Program documentation in
a timely and satisfactory manner as required under this Contract, the GLO, in its
sole discretion, may issue a delinquency notification and withhold any payments,
pending Subrecipient's correction of the deficiency.
(a) Start-Up Documentation
Not later than the close of business sixty (60) calendar days after the effective
date of this Contract, Subrecipient must submit its Start-Up Documentation to the
GLO.
(b) Audit Certification Form
Not later than the close of business sixty (60) calendar days after the end of
Subrecipient's fiscal year for each year during the Contract term, Subrecipient
must submit a completed Audit Certification Form to the GLO.
(c) Other Forms
In conformance with required state and federal laws applicable to the Contract:
(i) Subrecipient certifies, by the execution of this Contract, all applicable
statements in Attachment C, General Affirmations;
(ii) Subrecipient must execute Standard Form 424D, Federal Assurances for
Construction Programs, found at Page 1 of Attachment B;
(iii) Subrecipient must execute the "Certification Regarding Lobbying
Compliant with Appendix A to 24 C.F.R. Part 87," found at Page 3 of
Attachment B; and
(iv) If any funds granted under this Contract have been used for lobbying
purposes, Subrecipient must complete and execute Standard Form LLL,
"Disclosure of Lobbying Activities," found at Page 4 of Attachment B.
4.02 MONTHLY ACTIVITY STATUS REPORTS
Subrecipient must provide monthly Activity status reporting, in the format prescribed in
Attachment F (Monthly Activity Status Report) or as otherwise instructed by the GLO
Grant Manager, for each individual Activity identified in Attachment A. The Monthly
Activity Status Report is due on the fifth day of the month following the month in which
the reported Activities were performed for the duration of the Contract. Subrecipient shall
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submit the Monthly Activity Status Reports to the GLO through the TIGR system as
prescribed in Attachment F or as specified by the GLO Grant Manager.
4.03 HUD CONTRACT REPORTING REQUIREMENT
HUD requires the GLO to maintain a public website that accounts for the use and
administration of all GLO-administered CDBG-DR grant funds. To assist the GLO in
meeting this requirement, Subrecipient must prepare and submit monthly to the GLO a
written summary of all contracts procured by Subrecipient using grant funds awarded
under this Contract. Subrecipient shall only report contracts as defined in 2 C.F.R. §
200.1. Subrecipient must use the template in Attachment H to prepare the monthly
reports. On or before the fifth day of each month during the Contract Period, reports
summarizing required information for the preceding month shall be submitted through
the TIGR system as prescribed in Attachment H or as specified by the GLO Grant
Manager. Additional information about this reporting requirement is available in
published HUD guidance and Federal Register publications governing the CDBG-DR
funding allocation.
4.04 SECTION 3 REPORTING REQUIREMENTS
In accordance with 24 C.F.R. § 75.25, Subrecipient is required to submit to the GLO
quarterly reports documenting actions taken to comply with the employment, training,
and contracting requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. § 1701u), the results of such actions taken, and
impediments encountered (if any) to such actions. Subrecipient should maintain records
of job vacancies, solicitations of bids or proposals, selection materials and contracting
documents (including scopes of work and contract amounts), in accordance with
procurement laws and regulations. Records should demonstrate Subrecipient's efforts to
achieve the Section 3 numerical goals.
Section 3 quarterly reports are due on the 10th of the month following the quarter's close.
The schedule is as follows:
Quarter 1 (Sept-Nov): Due December loth
Quarter 2 (Dec-Feb): Due March 10th
Quarter 3 (Mar-May): Due June loth
Quarter 4 (Jun-Aug): Due September 10th
Subrecipient is also required to submit an annual report, due on September 30 of each
year during the Contract Period. Forms for the Section 3 quarterly and annual reports
may be found at s3-section-3-quarterly-report.xlsx (live.com) and s7-section-3-annual-
summary-report.xlsx (live.com). Subrecipient must submit completed forms to the GLO
through the TIGR system, as instructed by the GLO Grant Manager.
If Subrecipient conducts no hiring or contracting efforts during a quarter, Subrecipient
must report zeros in the quarterly report fields for such and add a note in the "other
efforts, see remarks below"field that states that fact.
Subrecipient is not required to develop and implement a Section 3 Plan and assign a
Section 3 Coordinator,but these actions are considered best practices.
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ARTICLE V-FEDERAL AND STATE FUNDING,RECAPTURE OF FUNDS,AND OVERPAYMENT
5.01 FEDERAL FUNDING
(a) Funding for this Contract is appropriated by the Congress of the United States
under the acts listed in the table below and allocated to the State of Texas by
HUD in accordance with Executive Order 12892, to fund disaster relief and
recovery efforts in presidentially declared major disaster areas, as defined in Title
IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
Federal Award
Congressional Act Identification
Number(FAIN)
Additional Supplemental Appropriations for Disaster Relief
Act, 2019 (Pub. L. 116-20),enacted June 6,2019, for necessary
expenses for activities authorized under title I of the Housing
and Community Development Act of 1974(42 U.S.C. § 5301 et B-19-DF-48-000l
seq.)related to disaster relief, long-term recovery,restoration of
infrastructure and housing,economic revitalization,and
mitigation in the most impacted and distressed areas resulting
from a major disaster that occurred in 2018 or 2019
The fulfillment of this Contract is based on those funds being made available
under Catalog of Federal Domestic Assistance (CFDA)No. 14.228 to the GLO as
the lead administrative state agency. All expenditures under this Contract must be
made in accordance with this Contract, the rules and regulations promulgated
under the CDBG-DR Program, and any other applicable laws. Further,
Subrecipient acknowledges that all funds are subject to recapture and repayment
for noncompliance.
(b) Subrecipient must have an assigned Unique Entity Identifier (UEID).
Subrecipient must report its UEID to the GLO for use in various reporting
documents. A UEID may be obtained by visiting the System for Award
Management website at https://www.sam.gov. Subrecipient is responsible for
renewing its registration with the System for Award Management annually
and maintaining an active registration status throughout the Contract
Period.
5.02 STATE FUNDING
(a) This Contract shall not be construed as creating any debt on behalf of the State of
Texas or the GLO in violation of Article III, Section 49, of the Texas
Constitution. The GLO's obligations hereunder are subject to the availability of
state funds. If adequate funds are not appropriated or become unavailable, the
GLO may terminate this Contract. In that event, the Parties shall be discharged
from further obligations, subject to the equitable settlement of their interests
accrued up to the date of termination.
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(b) Any claim by Subrecipient for damages under this Contract may not exceed the
amount of payment due and owing Subrecipient or the amount of funds
appropriated for payment but not yet paid to Subrecipient under this Contract.
Nothing in this provision shall be construed as a waiver of the GLO's sovereign
immunity.
5.03 RECAPTURE OF FUNDS
Subrecipient shall conduct, in a satisfactory manner as determined by the GLO, the
Activities as set forth in the Contract. The discretionary right of the GLO to terminate for
convenience under Section 3.02 notwithstanding, the GLO may terminate the Contract
and recapture, and be reimbursed by Subrecipient for, any payments made by the GLO
(a) that exceed the maximum allowable HUD rate; (b) that are not allowed under
applicable laws, rules, and regulations; or (c) that are otherwise inconsistent with this
Contract, including any unapproved expenditures. This recapture provision applies to
any funds expended for the Project or any Activity that does not meet a CDBG-DR
Program National Objective as specified in the Performance Statement in
Attachment A or that is not otherwise eligible under CDBG-DR regulations.
5.04 OVERPAYMENT AND DISALLOWED COSTS
Subrecipient shall be liable to the GLO for any costs disallowed pursuant to financial
and/or compliance audit(s) of funds Subrecipient received under this Contract.
Subrecipient shall reimburse the GLO for such disallowed costs from funds that were not
provided or otherwise made available to Subrecipient under this Contract. Subrecipient
must refund disallowed costs and overpayments of funds received under this Contract to
the GLO within 30 days after the GLO issues notice of overpayment to Subrecipient.
5.05 FINAL BENCHMARK
(a) Construction Activities
To ensure full performance of each construction Activity and the Project, the
GLO will set aside an amount equal to five percent (5%) of Subrecipient's
construction budget per Activity until completion and acceptance by the GLO of
all actions and Deliverables for the Activity, as identified in Attachment A.
The GLO shall make the final disbursement to Subrecipient only upon the GLO's
receipt and acceptance of the Deliverables identified in Attachment A as required
for the completion of construction phase.
If Subrecipient has multiple construction subcontracts, an amount equal to five
percent (5%) of Subrecipient's construction budget per construction subcontract
shall be withheld by the GLO until completion and acceptance by the GLO of all
actions and Deliverables identified in Attachment A for the particular project.
Separate Deliverables are required per construction subcontract, and associated
costs are pro-rated in accordance with budget details in the final GLO-approved
Application. If a project includes more than one Environmental Review Record,
associated costs are pro-rated in accordance with budget details in the final GLO-
approved Application.
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(b) Project Delivery—Grant Administration
To ensure full performance of this Contract, the GLO will set aside an amount
equal to five percent (5%) of Subrecipient's project delivery — grant
administration budget until completion and acceptance by the GLO of all actions
and Deliverables identified in Attachment A.
ARTICLE VI-INTELLECTUAL PROPERTY
6.01 OWNERSHIP AND USE
(a) The Parties shall jointly own all right, title, and interest in and to all reports, drafts
of reports, or other material, data, drawings, computer programs and codes
associated with this Contract, and/or any copyright or other intellectual property
rights, and any material or information developed and/or required to be delivered
under this Contract, with each Party having the right to use, reproduce, or publish
any or all of such information and other materials without obtaining permission
from the other Party, subject to any other restrictions on publication outlined in
this Contract, and without expense or charge.
(b) Subrecipient grants the GLO and HUD a royalty-free, non-exclusive, and
irrevocable license to reproduce,publish, or otherwise use, and to authorize others
to use, for U.S. Government purposes, all reports, drafts of reports, or other
material, data, drawings, computer programs, and codes associated with this
Contract, and/or any copyright or other intellectual property rights, and any
material or information developed and/or required to be delivered under this
Contract.
6.02 NON-ENDORSEMENT BY STATE AND THE UNITED STATES
Subrecipient shall not publicize or otherwise circulate promotional material (such as
advertisements, sales brochures,press releases, speeches, still or motion pictures, articles,
manuscripts, or other publications) that states or implies the GLO, the State of Texas,
U.S. Government, or any government employee, endorses a product, service, or position
Subrecipient represents. Subrecipient may not release information relating to this
Contract or state or imply that the GLO, the State of Texas, or the U.S. Government
approves of Subrecipient's work products or considers Subrecipient's work product to be
superior to other products or services.
6.03 DISCLAIMER REQUIRED
On all public information releases issued pursuant to this Contract, Subrecipient shall
include a disclaimer stating that the funds for this Project are provided by Subrecipient
and the Texas General Land Office through HUD's CDBG-DR Program.
ARTICLE VII-RECORDS,AUDIT,AND RETENTION
7.01 BOOKS AND RECORDS
Subrecipient shall keep and maintain under GAAP or GASB, as applicable, full, true, and
complete records necessary for fully disclosing to the GLO, the Texas State Auditor's
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Office, the United States Government, and/or their authorized representatives sufficient
information to determine Subrecipient's compliance with this Contract and all applicable
laws, statutes, rules, and regulations, including the applicable laws and regulations
provided in Attachment D and Attachment E.
7.02 INSPECTION AND AUDIT
(a) All records related to this Contract, including records of Subrecipient and its
subcontractors, shall be subject to the Administrative and Audit Regulations.
Accordingly, such records and work product shall be subject, at any time, to
inspection, examination, audit, and copying at Subrecipient's primary location or
any location where such records and work product may be found, with or without
notice from the GLO or other government entity with necessary legal authority.
Subrecipient shall cooperate fully with any federal or state entity in the conduct of
inspection, examination, audit, and copying, including providing all information
requested. Subrecipient will ensure that this clause concerning federal and state
entities' authority to inspect, examine, audit, and copy records and work product,
and the requirement to fully cooperate with the federal and state entities, is
included in any subcontract it awards.
(b) 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. 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. The Office of the Comptroller General of the United States, the
Government Accountability Office, the Office of Inspector General, or any
authorized representative of the U.S. Government shall also have this right of
inspection. Subrecipient shall ensure that this clause concerning the authority to
audit funds received indirectly by subcontractors through Subrecipient and the
requirement to cooperate is included in any subcontract it awards.
(c) Subrecipient will be deemed to have read and know of all applicable federal,
state, and local laws, regulations, and rules pertaining to the Project, including
those identified in Attachment D, governing audit requirements.
(d) At any time, the GLO may perform, or instruct a for-profit Subrecipient to
perform, an annual Program-specific, fiscal, special, or targeted audit of any
aspect of Subrecipient's operation. Subrecipient shall maintain fmancial and other
records prescribed by the GLO or by applicable federal or state laws, rules, and
regulations.
7.03 PERIOD OF RETENTION
In accordance with federal regulations, all records relevant to this Contract shall be
retained for a period of three (3) years subsequent to the final closeout of the overall State
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of Texas CDBG-DR grant, in accordance with federal regulations. The GLO will notify
all Program participants of the date upon which local records may be destroyed.
ARTICLE VIII-MISCELLANEOUS PROVISIONS
8.01 LEGAL OBLIGATIONS
For the duration of this Contract, Subrecipient shall procure and maintain any license,
authorization, insurance, waiver, permit, qualification, or certification required by
federal, state, county, or city statute, ordinance, law, or regulation to be held by
Subrecipient to provide the goods or services required by this Contract. Subrecipient shall
pay all costs associated with all taxes, assessments, fees, premiums, permits, and licenses
required by law. Subrecipient shall pay any such government obligations not paid by its
subcontractors during performance of this Contract. Subrecipient shall maintain copies of
such licenses and permits as a part of its local records in accordance with Section 7.01 of
this Contract or as otherwise specifically directed by the GLO. Subrecipient shall
provide Monthly Activity Status Reports via the GLO system of record in
accordance with Section 4.02 of this Contract.
8.02 INDEMNITY
As required under the Constitution and laws of the State of Texas, each Party understands
that it is solely liable for any liability resulting from its acts or omissions. No act or
omission of a Party shall be imputed to the other Party. Neither Party shall indemnify or
defend the other Party.
8.03 INSURANCE AND BOND REQUIREMENTS
(a) Unless Subrecipient is authorized by Chapter 2259 of the Texas Government
Code to self-insure, Subrecipient shall carry insurance for the duration of this
Contract in types and amounts necessary and appropriate for the Project.
(b) Subrecipient shall require all contractors, subcontractors, vendors, service
providers, or any other person or entity performing work described in
Attachment A to carry insurance for the duration of the Project in the types and
amounts customarily carried by a person or entity providing such goods or
services. Subrecipient shall require any person or entity required to obtain
insurance under this section to complete and file the declaration pages from the
insurance policies with Subrecipient whenever a previously identified policy
period expires during the term of Subrecipient's contract with the person or entity,
as proof of continuing coverage. Subrecipient's contract with any such person or
entity shall clearly state that acceptance of the insurance policy declaration pages
by Subrecipient shall not relieve or decrease the liability of the person or entity.
Persons or entities shall be required to update all expired policies before
Subrecipient's acceptance of an invoice for monthly payment from such
parties.
(c) Subrecipient shall require performance and payment bonds to the extent they are
required under Chapter 2253 of the Texas Government Code.
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(d) Subrecipient shall require any person or entity performing work on any
construction Activity under the Contract to complete form SF-424D, entitled
"Assurances — Construction Programs," and Subrecipient shall maintain
such documentation.
8.04 ASSIGNMENT AND SUBCONTRACTS
Subrecipient must not assign, transfer, or delegate any rights, obligations, or duties under
this Contract without the GLO's prior written consent. Any attempted assignment,
transfer, or delegation in violation of this provision is void and without effect.
Notwithstanding this provision, it is mutually understood and agreed that Subrecipient
may subcontract with others for some or all of the services to be performed under this
Contract. In any approved subcontracts, Subrecipient must legally bind the subcontractor
to perform and make such subcontractor subject to all the duties, requirements, and
obligations of Subrecipient as specified in this Contract. Nothing in this Contract shall be
construed to relieve Subrecipient of the responsibility for ensuring that the goods
delivered and/or the services rendered by Subrecipient and/or any of its subcontractors
comply with all the terms and provisions of this Contract.
For subcontracts to which Federal Labor Standards requirements apply, Subrecipient
shall submit to the GLO all documentation required to ensure compliance. Subrecipient
shall retain five percent (5%) of the payment due under each of Subrecipient's
construction or rehabilitation subcontracts until the GLO determines that the Federal
Labor Standards requirements applicable to each such subcontract have been satisfied.
8.05 PROCUREMENT
Subrecipient must comply with the procurement procedures stated at 2 C.F.R. §§ 200.318
through 200.327 and all other applicable federal, state, and local procurement procedures
and laws, regulations, and rules. Failure to comply with 2 C.F.R. §§ 200.318 through
200.327 and all other applicable federal, state, and local procurement procedures and
laws, regulations, and rules could result in recapture of funds. Subrecipient must confirm
that its vendors and subcontractors are not debarred from receiving state or federal funds
at each of the following web addresses:
(a) the Texas Comptroller's Vendor Performance Program at
https://comptroller.texas.gov/purchasing/; and
(b) the U.S. General Services Administration's System for Award Management at
https://www.sam.gov/.
8.06 CHILD SUPPORT OBLIGATION
Subrecipient represents and warrants that it will include the following clause in the award
and contract documents for every subaward and subcontract and will require subawardees
and subcontractors to certify accordingly: "Under Section 231.006 of the Texas 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 grant, loan, or
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, grant, or
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loan 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."
8.07 SUBAWARD AND SUBCONTRACT MONITORING
Subrecipient represents and warrants that it will monitor the activities of any subawardee
as necessary to ensure that the subaward is used for authorized purposes, in compliance
with applicable statutes, regulations, and the terms and conditions of the subaward, and
that subaward performance goals are achieved. Subrecipient represents and warrants that
it will monitor the activities of any subcontractor as necessary to ensure that subcontract
funds are used for authorized purposes, in compliance with applicable statutes,
regulations, and the terms and conditions of the subcontract, and that subcontract
performance goals are achieved.
8.08 EQUIPMENT AND COMPUTER SOFTWARE
Any purchase of Equipment or computer software made pursuant to this Contract shall be
made in accordance with all applicable laws, regulations, and rules, including those
defined in 2 C.F.R. § 200.313.
In accordance with 24 C.F.R. § 570.502(a), if Equipment is acquired, in whole or in part,
with funds under this Contract and is then sold, the proceeds shall be considered program
income, as defined in Section 2.03 above. Equipment not needed by Subrecipient for
Activities under this Contract shall be (a) transferred to the GLO for the CDBG-DR
Program or (b) retained by Subrecipient after compensating the GLO an amount equal to
the current fair market value of the Equipment less the percentage of non-CDBG-DR
funds used to acquire the Equipment.
8.09 COMMUNICATION WITH THIRD PARTIES
The GLO and the authorities named in Article VII, above, may initiate communications
with any subcontractor of Subrecipient, and may request access to any books, documents,
personnel, papers, and records of a subcontractor which are pertinent to this Contract.
Such communications may be required to conduct audits, examinations, Davis-Bacon
Labor Standards interviews, and gather additional information as provided in Article VII
herein.
8.10 RELATIONSHIP OF THE PARTIES
Subrecipient is associated with the GLO only for the purposes and to the extent specified
in this Contract. Subrecipient is and shall be an independent contractor and, subject only
to the terms of this Contract, shall have the sole right to supervise, manage, operate,
control, and direct performance of the details incident to its duties under this Contract.
Nothing contained in this Contract creates a partnership or joint venture, an employer-
employee or principal-agent relationship, or any liability whatsoever with respect to the
indebtedness, liabilities, or obligations of Subrecipient or any other party. Subrecipient
shall be solely responsible for, and the GLO shall have no obligation with respect to, the
following: the withholding of income taxes, FICA, or any other taxes or fees; industrial
or workers' compensation insurance coverage; participation in any group insurance plans
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available to employees of the State of Texas; participation or contributions by the State of
Texas to the State Employees Retirement System; accumulation of vacation leave or sick
leave; or unemployment compensation coverage provided by the State of Texas.
8.11 COMPLIANCE WITH OTHER LAWS
In the performance of this Contract, Subrecipient must comply, and must ensure the
compliance of its subawardees and contracts, with all applicable federal, state, and local
laws, statutes, ordinances, and regulations, including those listed in Attachments B, C,
D, and E, and policies in effect or hereafter established. Subrecipient is deemed to know
of and understand all applicable laws, statutes, ordinances, and regulations affecting its
performance under this Contract. In addition, Subrecipient 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 Subrecipient, the more restrictive
requirement applies.
8.12 NOTICES
Any notices required under this Contract shall be deemed delivered when deposited either
in the United States mail (certified, postage paid, return receipt requested) or with a
common carrier(overnight, signature required)to the appropriate address below.
GLO
Texas General Land Office
1700 N. Congress Avenue, 7th Floor
Austin, TX 78701
Attention: Contract Management Division
Subrecipient
City of Port Arthur
444 4th St.
Port Arthur, TX 77640
Attention: Thurman Bartie
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 sent in accordance with this section.
8.13 GOVERNING LAW AND VENUE
This Contract and the rights and obligations of the Parties hereto shall be governed by,
and construed according to, the laws of the State of Texas, exclusive of conflicts of law
provisions. Venue of any suit brought under this Contract shall be in a court of competent
jurisdiction in Travis County, Texas. Subrecipient irrevocably waives any objection,
including any objection to personal jurisdiction or the laying of venue or based on the
grounds of forum non conveniens, that it may now or hereafter have to the bringing of
any action or proceeding in such jurisdiction with respect to this Contract or any related
document. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF
SOVEREIGN IMMUNITY BY THE GLO.
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8.14 SEVERABILITY
If a court of competent jurisdiction determines any provision of this Contract is invalid,
void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this
Contract shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated.
8.15 DISPUTE RESOLUTION
Except as otherwise provided by statute, rule or regulation, Subrecipient shall use the
dispute resolution process established in Chapter 2260 of the Texas Government Code
and related rules to attempt to resolve any dispute under this Contract, including a claim
for breach of contract by the GLO, that the Parties cannot resolve in the ordinary course
of business. Neither the occurrence of an event giving rise to a breach of contract claim
nor the pendency of such a claim constitutes grounds for Subrecipient to suspend
performance of this Contract. Notwithstanding this provision, the GLO reserves all legal
and equitable rights and remedies available to it. NOTHING IN THIS SECTION SHALL BE
CONSTRUED AS A WAIVER OF THE GLO's SOVEREIGN IMMUNITY.
8.16 CONFIDENTIALITY
To the extent permitted by law, Subrecipient and the GLO shall keep all information, in
whatever form produced, prepared, observed, or received by Subrecipient or the GLO,
confidential to the extent that such information is: (a) confidential by law; (b) marked or
designated "confidential" (or words to that effect) by Subrecipient or the GLO; or (c)
information that Subrecipient or the GLO is otherwise required to keep confidential by
this Contract. Subrecipient must not make any communications or announcements
relating to this Contract through press releases, social media, or other public relations
efforts without the prior written consent of the GLO.
8.17 PUBLIC RECORDS
The GLO shall post this Contract to the GLO's website. Subrecipient understands that the
GLO will comply with the Texas Public Information Act (Texas Government Code
Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney
General of the State of Texas (the "Attorney General"). Information, documentation, and
other material in connection with this Contract may be subject to public disclosure
pursuant to the PIA. Subrecipient is required to make any information created or
exchanged with the GLO or the State of Texas pursuant to the Contract, and not
otherwise excepted from disclosure under the PIA, available to the GLO in portable
document file (".pdf') format or any other format agreed upon between the Parties that is
accessible by the public at no additional charge to the GLO or the State of Texas. By
failing to mark any information that Subrecipient believes to be excepted from disclosure
as "confidential" or a "trade secret," Subrecipient waives any and all claims it may make
against the GLO for releasing such information without prior notice to Subrecipient. The
Attorney General will ultimately determine whether any information may be withheld
from release under the PIA. Subrecipient shall notify the GLO's Office of General
Counsel within twenty-four (24) hours of receipt of any third-party written requests for
information and forward a copy of said written requests to PIALegalAglo.texas.gov. If a
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request for information was not written, Subrecipient shall forward the third party's
contact information to the above-designated e-mail address.
8.18 AMENDMENTS TO THE CONTRACT
Amendments to decrease or increase the subaward, to add or delete an Activity as
allowed by the Guidance Documents, to extend the term of the Contract, and/or to make
other substantial changes to the Contract may be made only by written agreement of the
Parties under the formal Amendment process outlined below, except that, upon
completion of the Project, the GLO shall formally close out the Project by issuing a
closeout letter pursuant to Section 8.23. The formal Amendment process requires official
request documentation from Subrecipient detailing all provisions to be amended and
supporting documentation as required. The GLO Grant Manager will confirm and review
the request and, as appropriate, submit the proposed amended language or amount to the
GLO's Contract Management Division for the preparation of a formal Amendment and
circulation for necessary GLO and Subrecipient signatures.
In the sole discretion of the GLO and in conformance with federal law, the GLO may
approve other adjustments required by the GLO during Project performance through a
Revision or Technical Guidance Letter unilaterally issued by the GLO and acknowledged
by Subrecipient. Such GLO approvals must be in writing and may be delivered by U.S.
mail or electronic mail.
8.19 ENTIRE CONTRACT AND MODIFICATIONS
This Contract, its Attachments, and any Amendment(s), Technical Guidance Letter(s),
and/or Revision(s) issued in conjunction with this Contract, if any, constitute the entire
agreement of the Parties and are intended as a complete and exclusive statement of the
promises, representations, negotiations, discussions, and other agreements made in
connection with the subject matter hereof. Any additional or conflicting terms in issued
Attachments, Technical Guidance Letters, and/or Revisions shall be harmonized with this
Contract to the extent possible. Unless an Attachment, Technical Guidance Letter, or
Revision specifically displays a mutual intent to amend a particular part of this Contract,
general conflicts in language shall be construed consistently with the Contract.
8.20 PROPER AUTHORITY
Each Party hereto represents and warrants that the person executing this Contract on its
behalf has full power and authority to legally bind its respective entity. If applicable, a
resolution, motion, or similar action has been duly adopted or passed as an official act of
Subrecipient's governing body, authorizing the filing of the grant Application, including
all understandings and assurances contained therein, and directing and authorizing the
person identified as the official representative or the designee of Subrecipient to act in
connection with the Application and to provide such additional information as may be
required.
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8.21 COUNTERPARTS
This Contract may be executed in any number of counterparts, each of which shall be an
original, and all such counterparts shall together constitute but one and the same
Contract.
8.22 SURVIVAL
The provisions of Articles V,VI, and VII and Sections 1.01, 1.03,3.02,3.04,3.05, 8.02,
8.03,8.09,8.10,8.11,8.12,8.13,8.15,8.16,8.17,8.18,8.23,and 8.32 of this Contract and
any other continuing obligations of Subrecipient shall survive the termination or
expiration of this Contract.
8.23 CONTRACT CLOSEOUT
Subrecipient shall prepare and submit to the GLO for approval a final Grant Completion
Report confirming final performance measures, budgets, and expenses for all Project
Activities within thirty (30) days following the completion of all Activities required
under the Contract; however, in no event shall Subrecipient submit the Grant Completion
Report later than the date of expiration of the Contract. The GLO will close the Contract
in accordance with 2 C.F.R. §§ 200.344 through 200.346 and GLO CDBG-DR guidelines
consistent therewith.
SUBRECIPIENT SHALL SUBMIT A FINAL BUDGET AND ACTUAL EXPENDITURES TO THE
GLO AS PART OF THE GRANT COMPLETION REPORT. THE GRANT COMPLETION
REPORT SHALL BE IN A FORMAT PRESCRIBED BY THE GLO AND SHALL CONFIRM
ELIGIBILITY AND COMPLETION OF ALL ACTIVITIES PERFORMED UNDER THIS
CONTRACT. FAILURE TO SUBMIT TO THE GLO THE FINAL BUDGET AND ACTUAL
EXPENDITURES AS PART OF THE GRANT COMPLETION REPORT PRIOR TO CONTRACT
EXPIRATION WILL RESULT IN FORFEITURE AND DE-OBLIGATION OF ALL REMAINING,
UNREQUESTED FUNDS.
The GLO will notify Subrecipient via official closeout letter upon review and approval of
the fmal Grant Completion Report.
8.24 INDIRECT COST RATES
Unless,under the terms of 2 C.F.R. Part 200, Appendix V, Subrecipient has negotiated or
does negotiate an indirect cost rate with the federal government, subject to periodic
renegotiations of the rate during the Contract Period, or is exempt from such negotiations
and has developed and maintains an auditable central service cost allocation plan,
Subrecipient's de minimis indirect cost rate shall be set according to 2 C.F.R. §
200.414(f).
8.25 CONFLICT OF INTEREST
(a) Subrecipient shall abide by the provisions of this section and include the
provisions in all subcontracts. Subrecipient shall comply with all conflict-of-
interest laws and regulations applicable to the Program.
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(b) Subrecipient shall maintain written standards of conduct covering conflicts of
interest and governing the actions of its employees engaged in the selection,
award, and administration of contracts.
(c) Subrecipient represents and warrants that performance under the Contract will not
constitute an actual or potential conflict of interest or reasonably create an
appearance of impropriety. Further, Subrecipient 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
applicable. If circumstances change during the course of the Contract,
Subrecipient shall promptly notify the GLO.
8.26 FORCE MAJEURE
Except with respect to the obligation of payments under this Contract, if either of the
Parties, after a good faith effort, is prevented from complying with any express or implied
covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of
God; any valid order, rule, or regulation of governmental authority; or similar events that
are beyond the control of the affected Party(collectively referred to as "Force Majeure"),
then, while compliance is so prevented, the affected Party's obligation to comply with
such covenant shall be suspended, and the affected Party shall not be liable for damages
for failure to comply with such covenant. In any such event, the Party claiming Force
Majeure must promptly notify the other Party of the Force Majeure event in writing, and,
if possible, such notice must set forth the extent and duration of the Force Majeure. The
Party claiming Force Majeure must exercise due diligence to prevent, eliminate, or
overcome such Force Majeure event when it is possible to do so and must resume
performance at the earliest possible date. However, if nonperformance continues for more
than thirty (30) days, the GLO may terminate this Contract immediately upon written
notification to Subrecipient.
8.27 ENVIRONMENTAL CLEARANCE REQUIREMENTS
(a) Subrecipient is the responsible entity, as "responsible entity" is defined under 24
C.F.R. Part 58, and is accountable for conducting environmental reviews and for
obtaining any environmental clearance necessary for successful completion of an
Activity or the Project. Subrecipient shall prepare an environmental review or
assessment of each Activity or the Project in accordance with applicable laws,
regulations, rules, and guidance. Subrecipient shall maintain a written
Environmental Review Record ("ERR") for each Activity or the Project,
including all supporting source documentation and documentation to support any
project mitigation. Subrecipient shall provide a copy of the ERR and all related
source documentation to the GLO.
(b) Subrecipient shall address inquiries and complaints and shall provide appropriate
redress related to environmental Activities. Subrecipient shall document each
communication issued or received hereunder in the related ERR.
(c) The GLO may, in its sole discretion, reimburse Subrecipient for certain exempt
environmental Activities, as defined in federal regulations. Reimbursement
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requests for exempt environmental Activities must be supported by the proper
HUD-prescribed form.
(d) The Parties acknowledge and understand that the GLO may enter into interagency
agreements with the Texas Historical Commission and other entities in order to
facilitate any necessary environmental or historic review. The GLO may
incorporate one or more interagency agreements into this Contract via a Technical
Guidance Letter.
8.28 CITIZEN PARTICIPATION AND ALTERNATIVE REQUIREMENTS
(a) Subrecipient must ensure that all citizens have equal and ongoing access to
information about an Activity or the Project, including ensuring that Activity or
Project information is available in the appropriate languages for the geographical
area served by Subrecipient. Information furnished to citizens shall include,
without limitation:
(i) The amount of CDBG-DR funds expected to be made available;
(ii) The range of Activities or projects that may be undertaken with the
CDBG-DR funds;
(iii) The estimated amount of the CDBG-DR funds proposed to be used for
Activities or projects meeting the national objective of benefiting low-to-
moderate income persons; and
(iv) A clear statement of such and the entity's anti-displacement and relocation
plan if any proposed CDBG-DR Activities or projects are likely to result
in displacement.
(b) Complaint Procedures: Subrecipient must have written citizen-complaint
procedures for providing a timely written response (within fifteen [15] working
days) to complaints and grievances. Subrecipient shall notify citizens of the
location and the days and hours when the location is open for business so they
may obtain a copy of these written procedures.
(c) Technical Assistance: If requested, Subrecipient shall provide technical assistance
in completing applications under the Project to persons of low and moderate
income.
(d) Subrecipient shall maintain a citizen participation file that includes a copy of
Subrecipient's complaint procedures, documentation and evidence of
opportunities provided for citizen participation (e.g., public notices,
advertisements, flyers, etc.), documentation of citizen participation events (e.g.,
meeting minutes, attendance lists, sign-in sheets, news reports, etc.), and
documentation of any technical assistance requested and/or provided.
8.29 SIGNAGE REQUIREMENTS
On any public building or facility funded under this Contract, Subrecipient shall place
permanent signage. Signs shall be placed in a prominent, visible public location.
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Subrecipient shall format each sign to best fit the architectural design of the building or
facility but the sign should be legible from a distance of at least three (3) feet.
For other construction projects (e.g., water transmission lines, sewer collection lines,
drainage, roadways, housing rehabilitation) funded under this Contract, Subrecipient shall
place temporary signage erected in a prominent location at the construction project site or
along a major thoroughfare within the locality.
All signage required under this section shall contain the following:
"This project is funded by the Texas General Land Office of the State of Texas to provide
for the restoration of infrastructure for communities impacted by the 2019 Disasters,
including the 2019 South Texas Floods and Tropical Storm Imelda. The funds have been
allocated by the United States Department of Housing and Urban Development through
the Community Development Block Grant—Disaster Recovery Program."
8.30 PREFERENCE AND PROCUREMENT OF MATERIALS
To the extent applicable, Subrecipient shall make maximum use of products containing
recovered materials that are EPA-designated items unless the product cannot be acquired
in the following manner:
(a) competitively within a timeframe allowing compliance with the Contract's
performance schedule;
(b) in a way that meets the Contract's performance requirements; or
(c) at a reasonable price.
To ensure maximum use of recovered/recycled materials pursuant to 2 C.F.R. § 200.323,
information about this requirement, along with the list of EPA-designated items, is
available at the EPA's Comprehensive Procurement Guideline Program website,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
8.31 EQUAL OPPORTUNITY CLAUSE
Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any
1 contract for construction work, or modification thereof, as defined in the regulations of
the Secretary of Labor at 41 C.F.R. 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 contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The contractor 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:
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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 contractor 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.
(2) The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, 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 contractor 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 contractor's legal duty to furnish information.
(4) The contractor 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 contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(5) The contractor 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 contractor 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 contractor'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
contractor 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.
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(8) The contractor 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 contractor 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."
Subrecipient 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 Subrecipient 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.
Subrecipient agrees that it will assist and cooperate actively with the GLO 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 GLO and the Secretary of Labor such information as they
may require for the supervision of such compliance, and that it will otherwise assist the
GLO in the discharge of the GLO's primary responsibility for securing compliance.
Subrecipient 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, as
defined in 41 C.F.R. § 60-1.3, 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, Subrecipient agrees that if it fails or refuses to comply with
these undertakings, the GLO may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this Contract; refrain from extending any further
assistance to Subrecipient under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from
Subrecipient; and refer the case to the Department of Justice for appropriate legal
proceedings.
8.32 INFORMATION AND DATA SECURITY STANDARDS
Subrecipient shall comply with all terms specified in the GLO Information Security
Appendix, incorporated herein for all purposes as Attachment G.
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8.33 CYBERSECURITY TRAINING PROGRAM(LOCAL GOVERNMENT SYSTEM)
If Subrecipient is a local government as defined in Chapter 2054 of the Texas
Government Code, Subrecipient 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.
8.34 DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS,
CHARITABLE TRUSTS,AND PRIVATE FOUNDATIONS
If Subrecipient is a governmental entity as defined in Chapter 2252 of the Texas
Government Code, Subrecipient 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.
8.35 LIMITATIONS ON GRANT EXPENDITURE
Subrecipient shall expend funds received under the grant or contract subject to the
limitations and reporting requirements similar to those provided by the following:
(a) Parts 2, 3, and 5 of the Texas General Appropriations Act,Article IX, except there
is no requirement for increased salaries for local government employees;
(b) Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and
(c) Sections 2113.012 and 2113.101 of the Texas Government Code.
8.36 LOBBYING EXPENDITURE RESTRICTION
Subrecipient represents and warrants that the GLO's payments to Subrecipient and
Subrecipient's receipt of appropriated or other funds under the Contract are not
prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code, which
restrict lobbying expenditures.
8.37 OPEN MEETINGS
If Subrecipient is a governmental entity, Subrecipient represents and warrants its
compliance with Chapter 551 of the Texas Government Code, which requires all regular,
special, or called meetings of a governmental body to be open to the public, except as
otherwise provided by law.
8.38 POLITICAL POLLING PROHIBITION
Subrecipient represents and warrants that it does not perform political polling and
acknowledges that appropriated funds may not be granted to, or expended by, any entity
that performs political polling, except that this prohibition does not apply to a poll
conducted by an academic institution as a part of the institution's academic mission that
is not conducted for the benefit of a particular candidate or party.
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8.39 REPORTING COMPLIANCE
Subrecipient represents and warrants that it will submit timely, complete, and accurate
reports in accordance with the Contract and maintain appropriate backup documentation
to support the reports.
8.40 REPORTING SUSPECTED FRAUD AND UNLAWFUL CONDUCT
Subrecipient 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. Subrecipient represents and warrants its
compliance with 2 C.F.R. § 200.113, which requires the disclosure in writing of credible
evidence of violations of federal criminal law involving fraud, conflict of interest,
bribery, and gratuity and the reporting of matters related to recipient integrity and
performance.
8.41 STATEMENTS OR ENTRIES
WARNING: ANY PERSON WHO KNOWINGLY MAKES A FALSE CLAIM OR
STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL
PENALTIES UNDER 18 U.S.C.§287,18 U.S.C.§ 1001,AND 31 U.S.C.§ 3729.
Except as otherwise provided under federal law, any person who knowingly and willfully
falsifies, conceals, or covers up a material fact by any trick, scheme, or device or who
makes any materially false, fictitious, or fraudulent statement or representation or who
makes or uses any false writing or document despite knowing the writing or document to
contain any materially false, fictitious, or fraudulent statement or entry shall be
prosecuted under Title 18,United States Code, § 1001.
Under penalties of 18 U.S.C. § 287, 18 U.S.C. § 1001, and 31 U.S.C. § 3729, the
undersigned Subrecipient representative hereby declares that he/she has examined
this Contract and Attachments, and, to the best of his/her knowledge and belief, any
statements, entries, or claims made by Subrecipient are true, accurate, and
complete.
SIGNATURE PAGE FOLLOWS
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SIGNATURE PAGE FOR GLO CONTRACT No.24-067-035-E223
INFRASTRUCTURE SUBRECIPIENT CONTRACT AGREEMENT
CDBG-DR—2019 DISASTERS HUD MID COMPETITION
GENERAL LAND OFFICE CITY OF PORT ARTHUR
r—Signed by: ,—Signed by:
—E70CDF09B56540E... er 6 ti6 BLOn
Jennifer G. Jones By:
Chief Clerk and Deputy Land Commissioner Title: city Manager
Date of execution: 1/17/2025 Date of execution: 1/17/2025
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ATTACHED TO THIS CONTRACT:
ATTACHMENT A Performance Statement, Budget, and Benchmarks
ATTACHMENT B Federal Assurances and Certifications
ATTACHMENT C General Affirmations
ATTACHMENT D Nonexclusive List of Applicable Laws, Rules, and Regulations
ATTACHMENT E Special Conditions
ATTACHMENT F Monthly Activity Status Report
ATTACHMENT G GLO Information Security Appendix
ATTACHMENT H Contract Reporting Template
ATTACHMENTS FOLLOW
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GLO Contract No.24-067-035-E223
Page 1 of 6
CITY OF PORT ARTHUR
24-067-035-E223
PERFORMANCE STATEMENT
The GLO awards City of Port Arthur (Subrecipient) this Contract under HUD's Community
Development Block Grant Disaster Recovery ("CDBG-DR") program to provide financial
assistance with funds appropriated to facilitate Activities related to disaster relief, long-term
recovery, restoration of Infrastructure and housing, economic revitalization, and affirmatively
furthering fair housing, in accordance with Executive Order 12892, in the most impacted and
distressed areas resulting from a major declared disaster that occurred in 2019.
Subrecipient was impacted during the 2019 Disasters, which overwhelmed its streets with flood
waters and threatened public health, safety, and welfare. In strict conformance with the terms and
conditions of the CDBG-DR — 2019 Disasters HUD MID Infrastructure Competition and this
Contract, Subrecipient shall perform, or cause to be performed, the Infrastructure Activities
identified below to repair and strengthen its streets, which will reduce risk of disaster-related loss
of life, suffering and hardship, injury, and damage to and loss of property.
Subrecipient shall perform the Activities identified herein for the service area specified in its
approved Texas Community Development Block Grant Disaster Recovery Grant Application to
aid areas most impacted by the 2019 Disasters.The persons to benefit from the Activities described
herein must receive the prescribed service or benefit, and all eligibility requirements must be met
to fulfill contractual obligations.
The grant total is $990,000.00. Subrecipient will be required to maintain a detailed Budget
breakdown in the official system of record (TIGR) of the GLO's Community Development and
Revitalization division. Subrecipient must ensure expenditures for individual projects do not
exceed the amounts for detailed funding categories in the project budget of the approved Grant
Application, as may be revised in writing upon mutual agreement of the Parties. If it becomes
necessary to redistribute Budget line-item amounts between Activities, Subrecipient must seek a
Contract Amendment prior to performing any work.
Street Improvements
City of Port Arthur - 9th Avenue Emergency Access Route: Subrecipient shall remove existing
pavement, compact subgrade, install base, pavement, curb and gutter, strip roadway, mark
pavement, and complete associated appurtenances. Construction shall take place at the following
locations.
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GLO Contract No.24-067-035-E223
Page 2 of 6
Defining project Approximate path or Proposed HUD
location (on/along...) location (from...to...) Performance
mid-point coordinates Measures
Along 9th Avenue From the intersection of Jimmy Johnson 2,528 LF
South Bound Lanes Boulevard and 9th Avenue southeast to the
intersection of 9th Avenue and Greenway
Pointe Drive
29.943639, -93.971147
Total LMI Beneficiaries LMI % Census Block
Beneficiaries Tract Group
54,160 30,650 56.59 5100.00 1,2
5400.00 1,2
5500.00 1,2,3,4
5600.00 1,2,3,4
5900.00 1,2
6100.00 1,2,3
6300.00 1,2
6400.00 1,2
6500.00 1,2,3,4
6600.00 1,2,3
6700.00 1,2
6800.00 1,2
6900.00 1,2,3
7001.00 1,2,3
7002.00 1,2
7100.00 1,2,3
10100.00 1,2,3
10200.00 1,2
10300.00 1,2
Beneficiaries were identified using City-Wide LMISD, and the above project meets the LMI
national objective.
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513 Attachment A
GLO Contract No.24-067-035-E223
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BUDGET
DRGR Activity Type Grant Award Other Funds Total
Construction/Reconstruction of $990,000.00 $607,968.051 $1,597,968.05
Streets
TOTAL $990,000.00 $607,968.051 $1,597,968.05
1PORT ARTHUR GENERAL FUND TO BE USED TOWARD CONSTRUCTION,ENGINEERING,AND ENVIRONMENTAL.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513 Attachment A
GLO Contract No.24-067-035-E223
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BENCHMARKS
Single
Deliverable Multiple Deliverable
Not-To-Exceed Budget Gate Milestones
Percentages by Budget Milestones
by Budget Category Category (Subrecipient may
(Subrecipientupto,but (Subrecipient maydraw up to,but not
may draw ( p exceed, the
not exceed,the identified draw up to 100%
percentage of the Budget category of Budget category percentage stated
until stated Deliverable(s) are after submittal to after submittal to and
submitted to and approved by the and approval by approval by the GLO
GLO.) the GLO of the of the stated
stated Deliverable.)
Deliverable.)
Project Delivery Planning/
Special Studies
Grant Environ- Engineering Environ- Acquisition Construction (not related
Administration mental Funds mental Funds Funds to
Project Phase Funds Funds Funds engineering
Actions and Deliverables design)
Action: Start-up Phase
Deliverable: Contract kick-
off meeting sign-in sheet;all
required Start-Up
Documentation reviewed 0-15%
and accepted by the GLO;
executed grant
administration service
provider contract in PDF
format.
Action: Commencement of
Engineering Phase
Deliverable: Executed
engineering service provider 0-30%
contract in PDF format
provided during start-up
phase as applicable
Action: Commencement of
Environmental Phase
Deliverable: Executed
environmental service- 15.01-30% 0-30%
provider contract in PDF
format provided during
start-up phase as applicable.
Action: Completion of
Design Phase
Deliverable: Complete 30.01-
signed and sealed 100% 60%
construction plans in PDF
format.*
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513 Attachment A
GLO Contract No.24-067-035-E223
Page 5 of 6
Action: Completion of
Special Environmental
Services
Deliverable: GLO
approval of required 100%
documentation,dependent
upon additional
environmental requirements
Action: Completion of
Environmental Record 30.01-
Review 30.01-50% 100%
Deliverable: GLO-signed
AUGF**
Action: Acquisition Phase
Deliverable: Acquisition
Detailed Report and 100%
supporting documentation
per parcel accepted by the
GLO*
Action: Commencement of
Bid Phase 60.01-
Deliverable: First 50.01-60% 70%
published bid notice and
publisher's affidavit*
Action: Commencement of
Construction Phase
Deliverable: Signed NTP*
Action: Commencement of
Planning/Study Phase 60.01-85% 70.01- 0-95% 0-85%
Deliverable: Signed NTP or 85%
similar document from
Subrecipient, initiating the
Planning/study Activity and
describing the work to be
performed***
Action: Completion of
Construction Phase
Deliverable: Signed and
sealed complete As-Built
Plans in PDF format;
executed COCC accepted
by the GLO; signed FWCR
accepted by the GLO* 0 85.01- 95.01- 85.01-
85.01-95/0 100% 100% 100%
Action: Completion of
Planning/Study Phase
Deliverable: Final
Planning/study report and
proof of acceptance by
Subrecipient***
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513 Attachment A
GLO Contract No.24-067-035-E223
Page 6 of 6
Action: Grant Completion
Report Approval 95.01-100%
Deliverable: GCR approved
by the GLO
Failure to provide any Deliverable identified above could result in Subrecipient's repayment in part or in full of funds
expended. Providing the Deliverables identified in this table will allow Subrecipient to draw the identified funding
percentage per Budget category,contingent upon Subrecipient's compliance with associated Program guidance.
*If Subrecipient executes multiple construction contracts, this Deliverable (or Deliverables, as applicable) will be required for
each contract,and associated costs will be pro-rated in accordance with the Budget details in the final GLO-approved Application.
**If the Project includes more than one ERR,associated costs will be pro-rated in accordance with the Budget details in the final
GLO-approved Application.
***A Planning study Activity includes the cost of developing the study itself. Project Delivery-Grant Administration is drawn
as applicable through the associated milestone percentage pro-rated in accordance with the Budget details in the final GLO-
approved Application.
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513 GLO Contract No.24-067-035-E223
Page 1 of 6
ASSURANCES -CONSTRUCTION PROGRAMS OMB Approval No.4040-0009
Expiration Date:02/28/2025
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(0348-0042),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:
1. Has the legal authority to apply for Federal assistance, and 8. Will comply with the Intergovernmental Personnel Act of
the institutional, managerial and financial capability 1970 (42 U.S.C. §§4728-4763) relating to prescribed
(including funds sufficient to pay the non-Federal share of standards of merit systems for programs funded under one of
project costs)to ensure proper planning, management and the 19 statutes or regulations specified in Appendix A of
completion of the project described in this application. OPM's Standards for a Merit System of Personnel
Administration (5 C.F.R.900, Subpart F).
2. Will give the awarding agency, the Comptroller General of
the United States and, if appropriate, the State, the right to 9. Will comply with the Lead-Based Paint Poisoning Prevention
examine all records, books, papers, or documents related Act (42 U.S.C. §§4801 et seq.) which prohibits the use of
to the assistance; and will establish a proper accounting lead-based paint in construction or rehabilitation of residence
system in accordance with generally accepted accounting structures.
standards or agency directives.
10. Will comply with all Federal statutes relating to
3. Will not dispose of, modify the use of, or change the terms non-discrimination. These include but are not limited to: (a)
of the real property title, or other interest in the site and Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
facilities without permission and instructions from the prohibits discrimination on the basis of race, color or national
awarding agency. Will record the Federal awarding agency origin; (b) Title IX of the Education Amendments of 1972, as
directives and will include a covenant in the title of real amended (20 U.S.C. §§1681-1683, and 1685-1686), which
property acquired in whole or in part with Federal prohibits discrimination on the basis of sex; (c)Section 504 of
assistance funds to assure non-discrimination during the the Rehabilitation Act of 1973, as amended (29
useful life of the project. U.S.C.§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
4. Will comply with the requirements of the assistance amended (42 U.S.C. §§6101-6107), which prohibits
awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse Office
approval of construction plans and specifications. and Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; (f)
5. Will provide and maintain competent and adequate the Comprehensive Alcohol Abuse and Alcoholism
engineering supervision at the construction site to ensure Prevention, Treatment and Rehabilitation Act of 1970 (P.L.
that the complete work conforms with the approved plans 91-616), as amended, relating to nondiscrimination on the
and specifications and will furnish progressive reports and basis of alcohol abuse or alcoholism; (g) §§523 and 527 of
such other information as may be required by the the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3
assistance awarding agency or State. and 290 ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the
6. Will initiate and complete the work within the applicable Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
time frame after receipt of approval of the awarding agency. amended, relating to nondiscrimination in the sale, rental or
financing of housing; (i) any other nondiscrimination
7. Will establish safeguards to prohibit employees from using provisions in the specific statute(s) under which application
their positions for a purpose that constitutes or presents the for Federal assistance is being made; and, (j) the
appearance of personal or organizational conflict of requirements of any other nondiscrimination statute(s) which
interest,or personal gain. may apply to the application.
Standard Form 424D(Rev.7-97)
D.mnnue CdOH..n I Ic,mI.le I...nuD r:.....:...A 4/19
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513 GLO Contract No.24-067-035-E223
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11. Will comply, or has already complied,with the requirements Federal actions to State (Clean Air) Implementation Plans
of Titles II and III of the Uniform Relocation Assistance and under Section 176(c) of the Clean Air Act of 1955, as
Real Property Acquisition Policies Act of 1970(P.L. 91-646) amended (42 U.S.C. §§7401 et seq.); (g) protection of
which provide for fair and equitable treatment of persons underground sources of drinking water under the Safe
displaced or whose property is acquired as a result of Drinking Water Act of 1974, as amended (P.L. 93-523);
Federal and federally-assisted programs. These and, (h) protection of endangered species under the
requirements apply to all interests in real property acquired
for project purposes regardless of Federal participation in Endangered Species Act of 1973, as amended (P.L. 93
purchases. 205).
12. Will comply with the provisions of the Hatch Act (5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16
§§1501-1508 and 7324-7328) which limit the political U.S.C. §§1271 et seq.) related to protecting components or
activities of employees whose principal employment potential components of the national wild and scenic rivers
activities are funded in whole or in part with Federal funds. system.
13. Will comply, as applicable, with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance with
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act Section 106 of the National Historic Preservation Act of
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract 1966, as amended (16 U.S.C. §470), EO 11593
Work Hours and Safety Standards Act (40 U.S.C. (identification and protection of historic properties), and the
§§327-333) regarding labor standards for federally-assisted Archaeological and Historic Preservation Act of 1974 (16
construction subagreements. U.S.C.§§469a-1 et seq.).
14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and
Section 102(a) of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the Single Audit Act
(P.L. 93-234) which requires recipients in a special flood Amendments of 1996 and OMB Circular No. A-133, "Audits
hazard area to participate in the program and to purchase of States, Local Governments, and Non-Profit
flood insurance if the total cost of insurable construction Organizations."
and acquisition is$10,000 or more.
19. Will comply with all applicable requirements of all other
15. Will comply with environmental standards which may be Federal laws, executive orders, regulations, and policies
prescribed pursuant to the following: (a) institution of governing this program.
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and 20. Will comply with the requirements of Section 106(g) of the
Executive Order (EO) 11514; (b) notification of violating Trafficking Victims Protection Act (TVPA) of 2000, as
facilities pursuant to EO 11738; (c) protection of wetlands amended (22 U.S.C. 7104) which prohibits grant award
pursuant to EO 11990; (d) evaluation of flood hazards in recipients or a sub-recipient from (1) Engaging in severe
floodplains in accordance with EO 11988; (e) assurance of forms of trafficking in persons during the period of time that
project consistency with the approved State management the award is in effect (2) Procuring a commercial sex act
program developed under the Coastal Zone Management during the period of time that the award is in effect or (3)
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Using forced labor in the performance of the award or
subawards under the award.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
Signed by:
Pi& ,.,,f0L City Manager
\-3AOD31^66D,ggo4C2
APPLICANT ORGANIZATION DATE SUBMITTED
City of Port Arthur 1/17/2025
SF-424D(Rev.7-97)Back
THIS FORM MUST BE EXECUTED
PIP
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513 GLO Contract No.24-067-035-E223
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CERTIFICATION REGARDING LOBBYING
COMPLIANT WITH APPENDIX A TO 24 C.F.R.PART 871
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 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 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 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. 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.
As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the
above applicable certification.
NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME
City of Port Arthur 24-067-035-E223
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Ron Burton City Manager
SIGNATURE Signed by. DATE
lebtA, 1/urIOIA, 1/17/2025
34FB306D160B C2...
1 24 C.F.R. 87 App. A, available at https://www.gpo.gov/fdsys/granule/CFR-2011-title24-voll/CFR-2011-tit1e24-voll-part87-
appA.Published Apr. 1,2011.Accessed Aug. 1,2018.
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513 GLO Contract No.24-067-035-E223
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Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 OMB Number:4040-0013
(See reverse for public burden disclosure) Expiration Date:02/28/2025
1. *Type of Federal Action: 2. *Status of Federal Action: 3. *Report Type:
a.contract a.bid/offer/application a.initial filing
b.grant b.initial award b.material change
c.cooperative agreement c.post-award
d.loan
e.loan guarantee
f.loan insurance
4. Name and Address of Reporting Entity:
Prime Subawardee
*Name:
*Street 1: Street 2:
*City: State:
Zip:
5. If Reporting Entity in No.4 is Subawardee,Enter Name and Address of Prime:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable:
8. Federal Action Number,ifknown: 9. Award Amount,ifknown:
10.a.Name and Address of Lobbying Registrant
Prefix *First Name Middle Name
*Last Name Suffix
*Street 1: Street 2:
*City: State: Zip:
b.Individuals Performing Services (including address if different from No. 10a)
Prefix *First Name Middle Name
*Last Name Suffix
*Street 1: Street 2:
*City: State: Zip:
11.Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying activities is
a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered
into.This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported to the Congress semi-annually
and will be available for public inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty
of not less than$10,000 and not more than$100,000 for each such failure.
*Signature:
*Name:Prefix *First Name Middle Name
*Last Name Suffix
Title: Telephone No.: Date:
Federal Use Only: Authorized for Local Reproduction
Standard Form-LLL(Rev.7-97)
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513 GLO Contract No.24-067-035-E223
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INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered
Federal action,or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or
agreement to make payment to any lobbying entity 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 a covered Federal action.Complete all items
that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget
for additional information.
Federal Agency Form Instructions Form Identifiers Information
Agency Owner Grants.gov
Form Name Disclosure of Lobbying Activities(SF-LLL)
Form Version Number 2.0
OMB Number 4040-0013
OMB Expiration Date 02/28/2025
Field Field Name Required or Information
Number Optional
1. *Type of Federal Required Identify the type of covered Federal action for which lobbying activity is and/or has been
Action: secured to influence the outcome of a covered Federal action.This field is required.
2. *Status of Federal Required Identify the status of the covered Federal action.This field is required.
Action
2-a. a. Check if Click if the Status of Federal Action is a bid,an offer or an application.
Bid/Offer/ applicable
Application
2-b. b.Initial Check if Click if the Status of Federal Action is an initial award.
Award applicable
2-c. c.Post- Check if Click if the Status of Federal Action is a post-award.
Award applicable
3.0 *Report Type Required Identify the appropriate classification of this report.
3-a. a. Initial Check if Check if Initial filing.
filing applicable
3-b. b. Check if If this is a follow up report caused by a material change to the information previously reported,
Material change applicable enter the year and quarter in which the change occurred.Enter the date of the previously
submitted report by this reporting entity for this covered Federal action.This field is required.
Material Change Conditionally If this is a follow up report caused by a material change to the information previously
Year Required reported,enter the year in which the change occurred.
Material Change Conditionally If this is a follow up report caused by a material change to the information previously
Quarter Required reported,enter the quarter in which the change occurred.
Material Change Conditionally Enter the date of the previously submitted report by this reporting entity for this covered
Date of Last Required Federal action.
Report
4. Name and Address Required Provide the information for Name and Address of Reporting Entity.
of Reporting Entity
Prime Check if Click to designate the organization filing the report as the Prime Federal recipient.
applicable
Subawardee Check if Click to designate the organization filing the report as the SubAwardee Federal recipient.Sub-
applicable awards include but are not limited to subcontracts,subgrants and contract awards under grants.
Tier if known: Optional Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.
Name Required Enter the name of reporting entity.This field is required
Street 1 Required Enter Street 1 of the reporting entity.This field is required.
Street 2 Optional Enter Street 2 of the reporting entity.
City Required Enter City of the reporting entity This field is required.
State Required Enter the state of the reporting entity.This field is required
ZIP Required Enter the ZIP of the reporting entity.This field is required
Congressional Optional Enter the primary Congressional District of the reporting entity.Enter in the following format:
District,if known 2 character state abbreviation—3 characters district number,e.g.,CA-005 for California 5th
district,CA-012 for California 12th district,NC-103 for North Carolina's 103rd district.
5. If Reporting Entity in Conditionally If Reporting Entity in No.4 is Subawardee,provide the information for the Name and Address
No.4 is Subawardee, Required of Prime
Enter Name and
Address of Prime
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Name Required If the organization filing the report in item 4,checks"Subawardee",enter the full name of the
prime Federal recipient.
Street 1 Required If the organization filing the report in item 4,checks"Subawardee",enter the address of the
prime Federal recipient.
Street 2 Optional If the organization filing the report in item 4,checks"Subawardee",enter the address of the
prime Federal recipient.
City Required If the organization filing the report in item 4,checks"Subawardee",enter the city of the prime
Federal recipient.
State Required If the organization filing the report in item 4,checks"Subawardee",select the appropriate
state from this pull down menu.
ZIP Required Enter the ZIP of Prime.This field is required
Congressional Optional Enter the Congressional District of Prime.Enter in the following format:2 character state
District,if known abbreviation—3 characters district number,e.g.,CA-005 for California 5th district,CA-012 for
California 12th district,NC-103 for North Carolina's 103rd district.
6. Federal Department Required Enter the name of the Federal Department or Agency making the award or loan commitment.
/Agency This field is required.
7. CFDA Number: Required Enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative
agreements,loans and loan commitments.Pre-populated from SF-424 if using Grants.gov.
CFDA Title: Required Enter the Federal program name or description for the covered Federal action.Pre-populated
from SF-424 if using Grants.gov.
8. Federal Action Optional Enter the most appropriate Federal identifying number available for the Federal action,
Number identified in item 1(e.g.,Request for Proposal(RFP)number,invitation for Bid(IFB)number,
grant announcement number,the contract,grant,or loan award number,the application/
proposal control number assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-
001".
9. Award Amount Optional For a covered Federal action where there has been an award or loan commitment by the
Federal agency,enter the Federal amount of the award/loan commitment of the prime entity
identified in item 4 or 5.
10.a. Name And Address Required Provide the information for the Name and Address of Lobbying Registrant.
of Lobbying
Registrant
Prefix Optional Enter the prefix(e.g.,Mr.,Mrs.,Miss),if appropriate,for the Lobbying Registrant.
First Name Required Enter the first name of Lobbying Registrant.This field is required.
Middle Name Optional Enter the middle name of Lobbying Registrant.
Last Name Required Enter the last name of Lobbying Registrant.This field is required.
Suffix Optional Enter the suffix(e.g.,Jr.Sr.,PhD),if appropriate,_for the Lobbying Registrant.
Street 1 Required Enter the first line of street address for the Lobbying Registrant.
Street 2 Optional Enter the second line of street address for the Lobbying Registrant.
City Required Enter the city of the Lobbying Registrant.
State Required Select the appropriate state of the Lobbying Registrant.
ZIP Code Required Enter the Zip Code(or ZIP+4)of the Lobbying Registrant.
10.b. Individual Required Provide the information for Individual Performing Services
Performing
Services
Prefix Optional Enter the prefix(e.g.,Mr., Mrs., Miss),if appropriate,for the Individual Performing Services.
First Name Required Enter the first name of the Individual Performing Services.This field is required.
Middle Name Optional Enter the middle name of the Individual Performing Services.
Last Name Required Enter the last name of the Individual Performing Services.This field is required.
Suffix Optional Enter the suffix(e.g.,Jr.Sr.,PhD),if appropriate,for the Individual Performing Services.
Street 1 Required Enter the first line of street address for the Individual Performing Services.
Street 2 Optional Enter the second line of street address for the Individual Performing Services.
City Required Enter the city of the Individual Performing Services.
State Required Select the state for the address of the Individual Performing Services from this pull down menu.
ZIP Code Required Enter the Zip Code(or ZIP+4)of the Individual Performing Services.
According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB
control Number. The valid OMB control number for this information collection is OMB No. 4040-0013. Public reporting burden for this collection of
information is estimated to average 10 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,Washington,DC 20503.
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GENERAL AFFIRMATIONS
TO THE EXTENT APPLICABLE, Subrecipient affirms and agrees to the following, without exception:
1. Subrecipient represents and warrants that, in accordance with Section 2155.005 of the Texas
Government Code, neither Subrecipient nor the firm, corporation, partnership, or institution
represented by Subrecipient, or anyone acting for such a firm, corporation, partnership, or
institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of
1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or
(2) communicated directly or indirectly the contents of this Contract or any solicitation
response upon which this Contract is based to any competitor or any other person engaged in
the same line of business as Subrecipient.*
2. Subrecipient shall not assign its rights under the Contract or delegate the performance of its
duties under the Contract without prior written approval from the GLO. Any attempted
assignment or delegation in violation of this provision is void and without effect. This
provision does not apply to subcontracting.
3. If the Contract is for services, Subrecipient shall comply with Section 2155.4441 of the
Texas Government Code, requiring the purchase of products and materials produced in the
State of Texas in performing service contracts, but for contracts subject to 2 C.F.R. 200, only
to the extent such compliance is consistent with 2 C.F.R. 200.319.
4. Under Section 231.006 of the Family Code, the vendor or applicant [Subrecipient] certifies
that the individual or business entity named in this Contract, bid or application is not
ineligible to receive the specified grant, loan, or payment and acknowledges that this
Contract may be terminated and payment may be withheld if this certification is inaccurate,
in addition to other remedies set out in Section 231.006(f) of the Family Code.*
5. A bid or an application for a contract, grant, or loan 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. Subrecipient certifies it has submitted this information to
the GLO.*
6. If the Contract is for a "cloud computing service" as defined by Texas Government Code
Section 2157.007, then pursuant to Section 2054.0593(d)-(f) of the Texas Government Code,
relating to cloud computing state risk and authorization management program, Subrecipient
represents and warrants that it complies with the requirements of the state risk and
authorization management program and Subrecipient agrees that throughout the term of the
Contract it shall maintain its certifications and comply with the program requirements in the
performance of the Contract.
7. If the Contract is for the purchase or lease of computer equipment, as defined by Texas
Health and Safety Code Section 361.952(2), Subrecipient certifies that it is in compliance
with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the
Computer Equipment Recycling Program and the Texas Commission on Environmental
Quality rules in Title 30 Texas Administrative Code Chapter 328.
8. If the Contract authorizes Subrecipient to access, transmit, use, or store data for the GLO,
then in accordance with Section 2054.138 of the Texas Government Code, Subrecipient
certifies that it will comply with the security controls required under this Contract and will
*This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251.
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maintain records and make them available to the GLO as evidence of Subrecipient's
compliance with the required controls.
9. Subrecipient represents and warrants that it has not given, offered to give, nor intends to
give at any time hereafter any economic opportunity, future employment, gift, loan,
gratuity, special discount, trip, favor, or service to a public servant in connection with the
Contract.
10. Subrecipient agrees that any payments due under the Contract shall be applied towards any
debt or delinquency that is owed by Subrecipient to the State of Texas.
11. Upon request of the GLO, Subrecipient shall provide copies of its most recent business
continuity and disaster recovery plans.
12. If the Contract is for consulting services governed by Texas Government Code Chapter 2254,
Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating
to consulting services, Subrecipient certifies that it does not employ an individual who has
been employed by the GLO or another agency at any time during the two years preceding the
Subrecipient's submission of its offer to provide consulting services to the GLO or, in the
alternative Subrecipient, in its offer to provide consulting services to the GLO, disclosed the
following: (i) the nature of the previous employment with the GLO or other state agency; (ii)
the date the employment was terminated; and (iii) the annual rate of compensation for the
employment at the time of its termination.*
13. If the Contract is not for architecture, engineering, or construction services, then except as
otherwise provided by statute, rule, or regulation, Subrecipient must use the dispute
resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to
resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE
CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF
APPLICABLE, OF GOVERNMENTAL IMMUNITY BY SUBRECIPIENT.
14. If the Contract is for architecture, engineering, or construction services, then subject to Texas
Government Code Section 2260.002 and Texas Civil Practice and Remedies Code Chapter
114, and except as otherwise provided by statute, rule, or regulation, Subrecipient shall use
the dispute resolution process provided for in Chapter 2260 of the Texas Government Code
to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by
statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code,
Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and
Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute
resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION
SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO
OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY SUBRECIPIENT.
a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012
and any other statute or applicable law, if Subrecipient's claim for breach of contract
cannot be resolved by the Parties in the ordinary course of business, Subrecipient may
make a claim against the GLO for breach of contract and the GLO may assert a
counterclaim against Subrecipient as is contemplated by Texas Government Code,
Chapter 2260, Subchapter B. In such event, Subrecipient must provide written notice to
the GLO of a claim for breach of the Contract not later than the 180th day after the date
*This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251.
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of the event giving rise to the claim. The notice must state with particularity: (1) the
nature of the alleged breach; (2) the amount Subrecipient seeks as damages; and (3) the
legal theory of recovery.
b. The chief administrative officer, or if designated in the Contract, another officer of the
GLO, shall examine the claim and any counterclaim and negotiate with Subrecipient in
an effort to resolve them. The negotiation must begin no later than the 120th day after the
date the claim is received, as is contemplated by Texas Government Code, Chapter 2260,
Section 2260.052.
c. If the negotiation under paragraph (b) above results in the resolution of some disputed
issues by agreement or in a settlement, the Parties shall reduce the agreement or
settlement to writing and each Party shall sign the agreement or settlement. A partial
settlement or resolution of a claim does not waive a Party's rights under this Contract as
to the parts of the claim that are not resolved.
d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day
after the date the claim is filed with the GLO, unless the Parties agree in writing to an
extension of time, the Parties may agree to mediate a claim made under this dispute
resolution procedure. This dispute resolution procedure is Subrecipient's sole and
exclusive process for seeking a remedy for an alleged breach of contract by the GLO if
the Parties are unable to resolve their disputes as described in this section.
e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's
sovereign immunity, or, if applicable, the governmental immunity of Subrecipient. This
Contract shall not constitute or be construed as a waiver of any of the privileges, rights,
defenses, remedies, or immunities available to the State of Texas or Subrecipient. The
failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses,
remedies, or immunities available to the State of Texas or, if applicable, of Subrecipient
under this Contract or under applicable law shall not constitute a waiver of such
privileges, rights, defenses, remedies or immunities or be considered as a basis for
estoppel. The GLO does not waive any privileges, rights, defenses, or immunities
available to it by entering into this Contract or by its conduct, or by the conduct of any
representative of the GLO, prior to or subsequent to entering into this Contract.
Subrecipient does not waive any privileges, rights, defenses, or immunities available to it
by entering into this Contract or by its conduct, or by the conduct of any representative of
the GLO,prior to or subsequent to entering into this Contract.
f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute
resolution process provided for in Texas Government Code, Chapter 2260, subchapter B
and incorporated by reference in subsection (a)-(d) above is a condition precedent to the
Subrecipient: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies
Code; or(2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260
of the Texas Government Code.
15. If Chapter 2271 of the Texas Government Code applies to this Contract, Subrecipient verifies
that it does not boycott Israel and will not boycott Israel during the term of the Contract.*
16. This Contract is contingent upon the continued availability of lawful appropriations by the
Texas Legislature. Subrecipient understands that all obligations of the GLO under this
*This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251.
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Contract are subject to the availability of funds. If such funds are not appropriated or become
unavailable, the GLO may terminate the Contract. The Contract shall not be construed as
creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas
Constitution.
17. Subrecipient certifies that it is not listed in the prohibited vendors list authorized by
Executive Order 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.
18. In accordance with Section 669.003 of the Texas Government Code, relating to contracting
with the executive head of a state agency, Subrecipient certifies that it is not (1) the executive
head of the GLO, (2) a person who at any time during the four years before the effective date
of the Contract was the executive head of the GLO, or(3) a person who employs a current or
former executive head of the GLO.
19. Subrecipient represents and warrants that all statements and information prepared and
submitted in connection with this Contract are current, complete, true, and accurate.
Submitting a false statement or making a material misrepresentation during the performance
of this Contract is a material breach of contract and may void the Contract or be grounds for
its termination.
20. Pursuant to Section 2155.004(a) of the Texas Government Code, Subrecipient certifies that
neither Subrecipient nor any person or entity represented by Subrecipient has received
compensation from the GLO to participate in the preparation of the specifications or
solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas
Government Code, Subrecipient certifies that the individual or business entity named in this
Contract is not ineligible to receive the specified Contract and acknowledges that the
Contract may be terminated and payment withheld if this certification is inaccurate. This
Section does not prohibit Subrecipient from providing free technical assistance.*
21. Subrecipient represents and warrants that it is not engaged in business with Iran, Sudan, or a
foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government
Code.*
22. In accordance with Section 2252.901 of the Texas Government Code, for the categories of
contracts listed in that section, Subrecipient represents and warrants that none of its
employees including, but not limited to, those authorized to provide services under the
contract, were employees of the GLO during the twelve (12)month period immediately prior
to the date of execution of the contract. Solely for professional services contracts as
described by Chapter 2254 of the Texas Government Code, Subrecipient further represents
and warrants that if a former employee of the GLO was employed by Subrecipient within one
year of the employee's leaving the GLO, then such employee will not perform services on
projects with Subrecipient that the employee worked on while employed by the GLO.*
23. The Contract shall be governed by and construed in accordance with the laws of the State of
Texas, without regard to the conflicts of law provisions. The venue of any suit arising under
the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless
the specific venue is otherwise identified in a statute which directly names or otherwise
identifies its applicability to any Party.
*This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251.
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24. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES
GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO
THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD
HARMLESS THE STATE OF TEXAS AND THE GLO, 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 SUBRECIPIENT 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
SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN
TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND
SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST
OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY
GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN
NOTICE TO EACH OTHER OF ANY SUCH CLAIM.*
25. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES
GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO
THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS
THE STATE OF TEXAS AND THE GLO, 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 DAMAGES, COSTS, ATTORNEY FEES, AND
EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING
FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL
MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR
OTHERWISE RELATED TO SUBRECIPIENT'S PERFORMANCE, AND/OR FAILURES
TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE SUBRECIPIENT OR ITS
AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS,
CONSULTANTS UNDER CONTRACT TO SUBRECIPIENT, OR ANY OTHER ENTITY
OVER WHICH SUBRECIPIENT EXERCISES CONTROL, OR SUPPLIERS OF
SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE
CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH
THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE
AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE
CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL.
SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO
EACH OTHER OF ANY SUCH CLAIM.*
26. TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM
AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR
INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET
OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE
*This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251.
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PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH
OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF SUBRECIPIENT
PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT,
CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR
(3) THE GLO'S AND/OR SUBRECIPIENT'S USE OF OR ACQUISITION OF ANY
REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY
SUBRECIPIENT OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT
OF SUBRECIPIENT'S PERFORMANCE UNDER THE CONTRACT. SUBRECIPIENT
AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF
ANY SUCH CLAIM. SUBRECIPIENT SHALL BE LIABLE TO PAY ALL COSTS OF
DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE
COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS
ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED
DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN
ADDITION, SUBRECIPIENT WILL REIMBURSE THE GLO AND THE STATE OF
TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS,
INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS,
ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT
EXISTS BETWEEN ITS INTERESTS AND THOSE OF SUBRECIPIENT OR IF THE
GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE
GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND
SUBRECIPIENT WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL.*
27. Subrecipient has disclosed in writing to the GLO all existing or known potential conflicts of
interest relative to the performance of the Contract.
28. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from
accepting a solicitation response or awarding a contract that includes proposed financial
participation by a person who, in the past five years, has been convicted of violating a federal
law or assessed a penalty in connection with a contract involving relief for Hurricane Rita,
Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas
Government Code, occurring after September 24, 2005. Under Sections 2155.006 and
2261.053 of the Texas Government Code, Subrecipient certifies that the individual or
business entity named in this Contract is not ineligible to receive the specified Contract and
acknowledges that this Contract may be terminated and payment withheld if this certification
is inaccurate.*
29. The person executing this Contract certifies that he/she is duly authorized to execute this
Contract on his/her own behalf or on behalf of Subrecipient and legally empowered to
contractually bind Subrecipient to the terms and conditions of the Contract and related
documents.
30. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of
the Texas Government Code, which incorporates by reference Section 271.904(d) of the
Texas Local Government Code, Subrecipient shall perform services (1) with professional
skill and care ordinarily provided by competent engineers or architects practicing under the
same or similar circumstances and professional license, and(2) as expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer or architect.*
*This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251.
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31. 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. Subrecipient
shall ensure that this paragraph concerning the authority to audit funds received indirectly by
subcontractors through the Contract and the requirement to cooperate is included in any
subcontract it awards. The GLO may unilaterally amend the Contract to comply with any
rules and procedures of the state auditor in the implementation and enforcement of Section
2262.154 of the Texas Government Code.
32. Subrecipient certifies that neither it nor its principals are debarred, suspended, proposed for
debarment, declared ineligible, or otherwise excluded from participation in the Contract by
any state or federal agency.
33. If the Contract is for the purchase or lease of covered television equipment, as defined by
Section 361.971(3) of the Texas Health and Safety Code, Subrecipient certifies its
compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to
the Television Equipment Recycling Program.
34. Pursuant to Section 572.069 of the Texas Government Code, Subrecipient certifies it has not
employed and will not employ a former state officer or employee who participated in a
procurement or contract negotiations for the GLO involving Subrecipient within two (2)
years after the date that the contract is signed or the procurement is terminated or withdrawn.
This certification only applies to former state officers or employees whose state service or
employment ceased on or after September 1, 2015.
35. The GLO shall post this Contract to the GLO's website. Subrecipient understands that the
GLO will comply with the Texas Public Information Act (Texas Government Code Chapter
552,the"PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the
State of Texas (the "Attorney General"). Information, documentation, and other material in
connection with this Contract may be subject to public disclosure pursuant to the PIA. hi
accordance with Section 2252.907 of the Texas Government Code, Subrecipient is required
to make any information created or exchanged with the GLO or the State of Texas pursuant
to the Contract, and not otherwise excepted from disclosure under the PIA, available to the
GLO in portable document file (".pdf') format or any other format agreed upon between the
Parties that is accessible by the public at no additional charge to the GLO or the State of
Texas. By failing to mark any information that Subrecipient believes to be excepted from
disclosure as "confidential" or a"trade secret," Subrecipient waives any and all claims it may
make against the GLO for releasing such information without prior notice to Subrecipient.
The Attorney General will ultimately determine whether any information may be withheld
from release under the PIA. Subrecipient shall notify the GLO's Office of General Counsel
within twenty-four (24) hours of receipt of any third-party written requests for information
and forward a copy of said written requests to PIALegalc glo.texas.gov. If a request for
information was not written, Subrecipient shall forward the third party's contact information
to the above-designated e-mail address.
*This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251.
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36. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and
ethical organizational behavior by assigning responsibilities and providing guidelines to
enforce controls. Any violations of law, agency policies, or standards of ethical conduct will
be investigated, and appropriate actions will be taken. Subrecipient must report any possible
fraud, waste, or abuse that occurs in connection with the Contract to the GLO in the manner
prescribed by the GLO's website, http://glo.texas.gov.
37. If Subrecipient, in its performance of the Contract, has access to a state computer system or
database, Subrecipient must complete a cybersecurity training program certified under Texas
Government Code Section 2054.519, as selected by the GLO. Subrecipient must complete
the cybersecurity training program during the initial term of the Contract and during any
renewal period. Subrecipient must verify in writing to the GLO its completion of the
cybersecurity training program.
38. Under Section 2155.0061, Texas Government Code, Subrecipient certifies that the entity
named in this Contract is not ineligible to receive the specified Contract and acknowledges
that this Contract may be terminated and payment withheld if this certification is inaccurate.*
39. Subrecipient certifies that it does not require its customers to provide any documentation
certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to,
to gain access to, or to receive service from Subrecipient's business. Subrecipient
acknowledges that such a vaccine or recovery requirement would make Subrecipient
ineligible for a state-funded contract.
40. Pursuant to Government Code Section 2275.0102, Subrecipient certifies that neither it nor its
parent company, nor any affiliate of Subrecipient or its parent company, is: (1) majority
owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia,
or any other country designated by the Governor under Government Code Section
2275.0103, or(2)headquartered in any of those countries.*
41. If Subrecipient is required to make a verification pursuant to Section 2276.002 of the Texas
Government Code, Subrecipient verifies that Subrecipient does not boycott energy
companies and will not boycott energy companies during the term of the Contract. If
Subrecipient does not make that verification, Subrecipient must notify the GLO and state
why the verification is not required.*
42. If Subrecipient is required to make a verification pursuant to Section 2274.002 of the Texas
Government Code, Subrecipient verifies that it (1) does not have a practice,policy, guidance,
or directive that discriminates against a "firearm entity" or "firearm trade association" as
those terms are defined in Texas Government Code section 2274.001 and (2) will not
discriminate during the term of the Contract against a firearm entity or firearm trade
association. If Subrecipient does not make that verification, Subrecipient must notify the
GLO and state why the verification is not required.*
43. If Subrecipient is a "professional sports team" as defined by Texas Occupations Code
Section 2004.002, Subrecipient will play the United States national anthem at the beginning
of each team sporting event held at Subrecipient's home venue or other venue controlled by
Subrecipient for the event. Failure to comply with this obligation constitutes a default of this
Contract, and immediately subjects Subrecipient to the penalties for default, such as
repayment of money received or ineligibility for additional money. In addition, Subrecipient
*This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251.
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may be debarred from contracting with the State. The GLO or the Attorney General may
strictly enforce this provision.*
44. To the extent Section 552.371 of the Texas Government Code applies to Subrecipient and the
Contract, in accordance with Section 552.372 of the Texas Government Code, Subrecipient
must (a) preserve all contracting information related to the Contract in accordance with the
records retention requirements applicable to the GLO for the duration of the Contract, (b) no
later than the tenth business day after the date of the GLO's request, provide to the GLO any
contracting information related to the Contract that is in Subrecipient's custody or
possession, and(c) on termination or expiration of the Contract, either(i)provide to the GLO
at no cost all contracting information related to the Contract that is in Subrecipient's custody
or possession or (ii) preserve the contracting information related to the Contract in
accordance with the records retention requirements applicable to the GLO. Except as
provided by Section 552.374(c) of the Texas Government Code, the requirements of
Subchapter J, Chapter 552, Government Code, may apply to the Contract and Subrecipient
agrees that the Contract may be terminated if Subrecipient knowingly or intentionally fails to
comply with a requirement of that subchapter.*
45. If the Contract is for consulting services governed by Chapter 2254 of the Texas Government
Code, Subrecipient, upon completion of the Contract, must give the GLO a compilation, in a
digital medium agreed to by the Parties, of all documents, films, recordings, or reports
Subrecipient compiled in connection with its performance under the Contract.*
46. If subject to 2 C.F.R. 200.216, Subrecipient shall not obligate or expend funding provided
under this Contract to: (a) procure or obtain; (b) extend or renew a contract to procure or
obtain; or (c) enter into a contract to procure or obtain covered telecommunications
equipment or services, as described in Public Law 115-232, Section 889, including systems
that use covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
47. To the extent Texas Government Code Chapter 2252, Subchapter G applies to the Contract,
any iron or steel product Subrecipient uses in its performance of the Contract that is produced
through a manufacturing process, as defined in Section 2252.201(2) of the Texas
Government Code, must be produced in the United States.
48. If subject to 2 C.F.R. 200.217, Subrecipient shall not discharge, demote, or otherwise
discriminate against an employee as a reprisal for lawfully disclosing information that the
employee reasonably believes is evidence of gross mismanagement, waste, abuse of
authority, a danger to public health or safety, or a violation of law related to a Federal
contract or grant. Subrecipient shall inform its employees in writing of their whistleblower
rights and protections under 41 U.S.C. 4712.
*This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251.
I I062024JW:MB
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NONEXCLUSIVE LIST OF APPLICABLE LAWS,RULES,AND REGULATIONS
If applicable to the Project, Subrecipient must be in compliance with the following laws,
rules, and regulations, as may be amended or superseded over time, and any other state,
federal, or local laws, rules, and regulations as may become applicable throughout the
term of the Contract, and Subrecipient acknowledges that this list may not include all
such applicable laws, rules, and regulations.
Subrecipient is deemed to have read and understands the requirements of each of
the following,if applicable to the Project under this Contract:
GENERALLY
The Acts and Regulations specified in this Contract;
Additional Supplemental Appropriations for Disaster Relief Act, 2019 (Public Law
116-20);
The Housing and Community Development Act of 1974 (12 U.S.C. § 5301 et seq.);
The United States Housing Act of 1937, as amended, 42 U.S.C. § 1437f(o)(13) (2016)
and related provisions governing Public Housing Authority project-based assistance, and
implementing regulations at 24 C.F.R. Part 983 (2016);
Cash Management Improvement Act regulations (31 C.F.R. Part 205);
Community Development Block Grants (24 C.F.R. Part 570);
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 C.F.R. Part 200);
Disaster Recovery Implementation Manual; and
State of Texas CDBG-DR Action Plan: 2019 Disasters, approved by HUD on October
15, 2020, as amended.
CIVIL RIGHTS
Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.); 24 C.F.R. Part 1,
"Nondiscrimination in Federally Assisted Programs of the Department of Housing and
Urban Development-Effectuation of Title VI of the Civil Rights Act of 1964";
Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment
Opportunity Act of 1972 (42 U.S.C. § 2000e, et seq.);
Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. §
3601, et seq.), as amended;
Executive Order 11063, as amended by Executive Order 12259, and 24 C.F.R. Part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063";
The failure or refusal of Subrecipient to comply with the requirements of Executive
Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 C.F.R. 107.60;
The Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794.) and "Nondiscrimination
Based on Handicap in Federally-Assisted Programs and Activities of the Department of
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Housing and Urban Development", 24 C.F.R. Part 8. By signing this Contract,
Subrecipient understands and agrees that the activities funded shall be performed in
accordance with 24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C.
§ 4151, et seq.), including the use of a telecommunications device for deaf persons
(TDDs) or equally effective communication system.
LABOR STANDARDS
The Davis-Bacon Act, as amended (originally, 40 U.S.C. §§ 276a-276a-5 and re-codified
at 40 U.S.C. §§ 3141-3148); 29 C.F.R. Part 5;
The Copeland "Anti-Kickback" Act (originally, 18 U.S.C. § 874 and re-codified at 40
U.S.C. § 3145): 29 C.F.R. Part 3;
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (originally,
40 U.S.C. §§ 327A and 330 and re-codified at 40 U.S.C. §§ 3701-3708);
Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction (Also Labor Standards Provisions Applicable to Non-construction
Contracts Subject to the Contract Work Hours and Safety Standards Act) (29 C.F.R. Part
5); and
Federal Executive Order 11246, as amended.
EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u): 24
C.F.R. Part 75;
The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. § 4212);
Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688); and
Federal Executive Order 11246, as amended.
GRANT AND AUDIT STANDARDS
Single Audit Act Amendments of 1996, 31 U.S.C. § 7501;
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 C.F.R. Part 200);
Uniform Grant and Contract Management Act (Texas Government Code Chapter 783)
and the Uniform Grant Management Standards, issued by Governor's Office of Budget
and Planning; and
Title 1 Texas Administrative Code § 5.167(c).
LEAD-BASED PAINT
Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831(b)).
HISTORIC PROPERTIES
The National Historic Preservation Act of 1966 as amended (16 U.S.C. § 470, et seq.),
particularly sections 106 and 110 (16 U.S.C. §§ 470 and 470h-2);
Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921), 3 C.F.R., 1971-1975 Comp., p. 559, particularly section 2(c);
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Federal historic preservation regulations as follows: 36 C.F.R. Part 800 with respect to
HUD programs; and
The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic
Preservation Act of 1974 (16 U.S.C. § 469, et seq), particularly section 3 (16 U.S.C. §
469a-1).
ENVIRONMENTAL LAW AND AUTHORITIES
Environmental Review Procedures for Recipients assuming HUD Environmental
Responsibilities (24 C.F.R. Part 58, as amended);
National Environmental Policy Act of 1969, as amended (42 U.S.C. §§ 4321-4347); and
Council for Environmental Quality Regulations for Implementing NEPA (40 C.F.R. Parts
1500-1508).
FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION
Executive Order 11988, Floodplain Management, as amended by Executive Order 13690,
February 4, 2015 (3 C.F.R., 2016 Comp., p. 268), as implemented in HUD regulations at
24 C.F.R. Part 55,particularly Section 2(e)of Executive Order 11988, as amended; and
Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961), 3 C.F.R.,
1977 Comp., p. 121, as interpreted in HUD regulations at 24 C.F.R. Part 55, particularly
Sections 2 and 5 of the Order.
COASTAL ZONE MANAGEMENT
The Coastal Zone Management Act of 1972 (16 U.S.C. § 1451, et seq.), as amended,
particularly sections 307(c) and(d) (16 U.S.C. § 1456(c) and (d)).
SOLE SOURCE AQUIFERS
The Safe Drinking Water Act of 1974 (42 U.S.C. §§ 201, 300(f), et seq., and 21 U.S.C. §
349) as amended; particularly section 1424(e)(42 U.S.C. § 300h-3(e)); and
Sole Source Aquifers (Environmental Protection Agency-40 C.F.R. part 149.).
ENDANGERED SPECIES
The Endangered Species Act of 1973 (16 U.S.C. § 1531, et seq.) as amended, particularly
section 7 (16 U.S.C. § 1536).
WILD AND SCENIC RIVERS
The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271, et seq.) as amended,
particularly sections 7(b) and(c) (16 U.S.C. § 1278(b)and(c)).
AIR QUALITY
The Clean Air Act (42 U.S.C. § 7401, et seq.) as amended, particularly sections 176(c)
and(d) (42 U.S.C. §7506(c) and(d)).
Determining Conformity of Federal Actions to State or Federal Implementation Plans
(Environmental Protection Agency-40 C.F.R. Parts 6, 51, and 93).
FARMLAND PROTECTION
Farmland Protection Policy Act of 1981 (7 U.S.C. § 4201, et seq.) particularly sections
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1540(b) and 1541 (7 U.S.C. §§ 4201(b)and 4202); and
Farmland Protection Policy(Department of Agriculture-7 C.F.R. part 658).
HUD ENVIRONMENTAL STANDARDS
Applicable criteria and standards specified in HUD environmental regulations (24 C.F.R.
Part 51)(other than the runway clear zone and clear zone notification requirement in 24
C.F.R. § 51.303(a)(3); and
HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals
and Radioactive Materials, September 10, 1979.
ENVIRONMENTAL JUSTICE
Executive Order 12898 of February 11, 1994—Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations, (59 FR
7629), 3 C.F.R., 1994 Comp. p. 859.
SUSPENSION AND DEBARMENT
Use of debarred, suspended, or ineligible contractors or subrecipients (24 C.F.R. §
570.609);
General HUD Program Requirements; Waivers (24 C.F.R. Part 5); and
Nonprocurement Suspension and Debarment(2 C.F.R. Part 2424).
ACQUISITION/RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. § 4601, et seq.), 24 C.F.R. Part 42, and 24 C.F.R. § 570.606.
FAITH-BASED ACTIVITIES
Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith-
Based and Community Organizations, (67 FR 77141), as amended by Executive Order
13559, Fundamental Principles and Policymaking Criteria for Partnerships with Faith-
Based and Other Neighborhood Organizations and HUD regulations at 24 C.F.R.
570.200(j).
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SPECIAL CONDITIONS
Throughout the term of the Contract and prior to the release of any grant funds for the
Projects or Activities anticipated, Subrecipient must be in compliance with the following
Special Conditions, if applicable to a Project or Activity, and any other State, Federal, or
local laws, rules, and regulations as may be applicable.
Subrecipient is deemed to have read and to understand the requirements of each of the
following, if applicable to the Project or any Activity under this Contract.
A. REIMBURSEMENT,GENERALLY
As provided for in Public Law 116-20, the Contract funds may not be used for Activities that
are eligible to be reimbursed by, or for which funds are made available by, (a) the Federal
Emergency Management Agency(FEMA); (b) the Army Corps of Engineers (Corps); (c) any
other federal funding source; or (d) covered by insurance, and Subrecipient shall ensure
compliance with all such requirements.
B. NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE
1. Subrecipient must provide documentation that indicates they have received approval from
the Texas Water Development Board (TWDB), which is the National Flood Insurance
Program (NFIP) State Coordinating Agency, reflecting that appropriate ordinances or
orders necessary for Subrecipient to be eligible to participate in the NFIP have been
adopted.
2. When Activities specified in a Performance Statement involve structures that are located
within a Special Flood Hazard Area (SFHA), flood insurance may be required. If
required, Subrecipient shall obtain such insurance and shall maintain documentation
evidencing compliance with such requirements.
3. Subrecipient acknowledges and agrees that, if any property that is the subject of an
Activity under this Contract is located within a floodplain, the following terms and
conditions shall apply:
a. Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. §§ 4001-
4128), Federal financial assistance for acquisition and construction purposes
(including rehabilitation) may not be used in an area identified by FEMA as having
special flood hazards, unless the following is true:
i. The community in which the area is situated is participating in the NFIP or less
than one (1) year has passed since the FEMA notification regarding such hazards;
and
ii. If the community is participating in the NFIP, flood insurance protection is to be
obtained as a condition of the approval of financial assistance to the property
owner.
b. If the community is participating in the NFIP and the recipient provides financial
assistance for acquisition or construction purposes (including rehabilitation) for
property located in an area identified by FEMA as having special flood hazards,
Subrecipient is responsible for ensuring that flood insurance under the NFIP is
obtained and maintained.
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c. Under Section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C. §
5154a, HUD disaster assistance that is made available in a special flood hazard area
may not be used to make a payment (including any loan assistance payment) to a
person for repair, replacement, or restoration for flood damage to any personal,
residential, or commercial property if the following is true:
i. The person had previously received Federal flood disaster assistance conditioned
on obtaining and maintaining flood insurance; and
ii. The person failed to obtain and maintain flood insurance.
d. Subrecipient understands and agrees that it has a responsibility to inform homeowners
receiving disaster assistance that triggers the flood-insurance purchase requirement of
the following:
i. The homeowners have a statutory responsibility to notify any transferee of the
requirement to obtain and maintain flood insurance; and
ii. The transferring owner maybe liable if he or she fails to do so.
C. PROJECT MAPPING/DESIGN INFORMATION
For construction projects, Subrecipient shall require and maintain copies, in written and/or
digital format, of final Project record drawing(s) and engineering schematics, as constructed.
D. WATER SYSTEM IMPROVEMENTS
1. Prior to the GLO's release of funds for the construction of any water system
improvements, Subrecipient shall provide certification to the GLO of the following:
a. The plans, specifications, and related documents for the specified water system
improvements have been prepared by the engineer selected for such Activities or by
the engineer's duly authorized representative; and
b. The review of such plans, specifications, and related documents meets the applicable
Texas Commission on Environmental Quality(TCEQ) review requirements described
in Title 30 of the Texas Administrative Code.
2. Prior to construction, Subrecipient shall provide documentation to the GLO showing that
an approved new or amended Certificate of Convenience and Necessity (CCN), or the
equivalent permit or authority for the area to be served, has been issued by the TCEQ.
3. Prior to Subrecipient's submission of the Project Completion Report for any water system
improvements described in Attachment A, as amended, Subrecipient shall provide a letter
from the TCEQ that the constructed well is approved for interim use and may be
temporarily placed into service pursuant to Title 30, Chapter 290, Subchapter D, of the
Texas Administrative Code.
E. SEWER SYSTEM IMPROVEMENTS
Prior to the construction of any sewer system improvements described in Attachment A, as
amended, Subrecipient shall provide certification to the GLO that the plans, specifications,
and related documents for the specified sewer system improvements have been prepared by
the engineer selected for such Activities or by the engineer's duly authorized representative
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and have been properly submitted to the TCEQ for review and approval in accordance with
the administrative requirements of Title 30, Section 217.6, of the Texas Administrative Code.
Further, prior to the construction of any sewer lines or additional service connections
described in Attachment A, as amended, Subrecipient shall provide notification to the GLO
of the start of construction on any sewer treatment plant or other system-related
improvements included in this Contract.
F. WASTEWATER TREATMENT CONSTRUCTION
Prior to incurring costs for any wastewater treatment construction in Attachment A, as
amended, Subrecipient shall provide documentation of an approved permit or amendment(s)
to an existing permit for such Activities from the TCEQ's Water Quality Division.
In addition, Subrecipient shall provide documentation to the GLO indicating that an
approved new or amended CCN, or equivalent permit or authority for the area to be served,
has been issued by the TCEQ as required by Title 16, Chapter 24, Subchapter H, of the Texas
Administrative Code.
G. ON-SITE SEWAGE FACILITIES(OSSF)IMPROVEMENTS
1. Subrecipient shall provide documentation indicating that final plans, specifications, and
installation of its OSSF improvements have been reviewed and approved by the City or
County Health Department, as applicable, through authority granted by the TCEQ.
2. Subrecipient shall mitigate all existing OSSF in accordance with Title 30, Section
285.36(b), of the Texas Administrative Code.
3. Prior to the selection of program recipients for proposed OSSF improvements,
Subrecipient shall provide a copy of its proposed program guidelines to the GLO for
review. All proposed OSSF programs must meet or exceed guidelines set forth in Title
30, Chapter 285, Subchapter D, of the Texas Administrative Code.
H. BUILDING CONSTRUCTION
Subrecipient shall provide documentation indicating that the construction of a new building
or facilities is in compliance with the Texas Accessibility Standards adopted under the
Architectural Barriers Act (Chapter 469 of the Texas Government Code) and the Texas
Department of Licensing and Regulation (TDLR) Architectural Barriers Administrative
Rules (Title 16, Chapter 68, of the Texas Administrative Code). If estimated construction
costs exceed Fifty Thousand Dollars ($50,000.00), construction documents must be
submitted to the TDLR for an accessibility plan review.
I. BRIDGE CONSTRUCTION/REHABILITATION
Subrecipient shall use the minimum design requirements of the Texas Department of
Transportation (TxDOT) for bridge construction/rehabilitation. Final plans and specifications
must be submitted to TxDOT for review and approval prior to the start of construction in
accordance with Section 201.084 of the Transportation Code, and documentation of such
approval must be provided to the GLO.
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J. DISASTER SHELTERS
Subrecipient shall ensure that the primary purpose of the facility, as described in Attachment
A, as amended, is to serve as a disaster shelter and shall ensure the facility is operated at all
times in a manner that ensures that the priority use is to serve as a disaster shelter regardless
of any other scheduled uses or commitments that exist at the time of a disaster or emergency
situation. In addition, Subrecipient shall prepare or be incorporated into an approved
emergency management plan, as prescribed by the Texas Division of Emergency
Management, identifying the shelter as a facility that provides short-term lodging for
evacuees during and immediately after an emergency situation. Subrecipient shall submit a
copy of Subrecipient's Emergency Management Plan Annex for Shelter and Mass Care to the
GLO.
K. DEBRIS REMOVAL
Subrecipient shall ensure that any debris to be removed consists primarily of vegetation,
construction and demolition materials from damaged or destroyed structures, and personal
property. Only debris identified as the responsibility of the local jurisdiction will be eligible
for the reimbursement of the cost of removal.
Prior to beginning debris-collection operations, Subrecipient shall address all pertinent
environmental concerns, adhere to all applicable regulations, and obtain all required permits.
Further, Subrecipient shall adhere to the methods described herein for the collection and
storage of debris prior to proper disposal.
Whereas construction and demolition debris may be collected and disposed of at an
appropriately rated landfill, woody and/or vegetative debris must be stored prior to disposal
by use of temporary debris storage and reduction sites (TDSR). Subrecipient will prepare and
operate the TDSR sites, or local jurisdictions choosing to conduct their own debris operations
may review Chapter 7 of the FEMA Debris Management Guide regarding the use of TDSR
sites. This document may be obtained at
https://www.fema.gov/pdf/government/grant/pa/demagde.pdf.
In order to maintain the life expectancy of landfills, Subrecipients disposing of woody and/or
vegetative debris must choose burning, chipping, or grinding as the method of disposal. Any
project disposing of woody and/or vegetative debris must be approved in writing by the
GLO.
L. USE OF BONDS
Subrecipient must notify the GLO of its issuance and sale of bonds for completion of the
Project funded under this Contract.
M. PROGRAM GUIDELINES
Prior to the selection of program beneficiaries, Subrecipient shall provide to the GLO, for
GLO review and approval, a copy of its proposed guidelines for the program. The guidelines
must meet or exceed to requirements in the applicable Federal Register notices. The
guidelines must include provisions for compliance with the Federal Fire Prevention and
Control Act of 1974 (which requires that any housing unit rehabilitated with grant funds be
protected by a hard-wired or battery-operated smoke detector) and provisions for compliance
with 24 C.F.R. Part 35 (HUD lead-based paint regulation).
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N. AFFORDABILITY PERIODS FOR SINGLE-FAMILY HOUSING REHABILITATION,
RECONSTRUCTION,OR NEW CONSTRUCTION ASSISTANCE
For single-family non-rental housing assistance provided by Subrecipient, Subrecipient shall
implement a minimum* three-year (3-year) affordability period during which the homeowner
must occupy the home as a principal place of residence, guaranteed by an unsecured
forgivable promissory note.
O. UNSECURED FORGIVABLE PROMISSORY NOTE
Housing rehabilitation or reconstruction assistance provided by Subrecipient shall be in the
form of a three-year (3-year) unsecured forgivable promissory note ("Note") at an interest
rate of zero percent (0%). Provided that all terms and conditions contained in the Note
continue to be fulfilled, a Note will be forgiven at a rate of thirty-three percent (33%) per
year for the first two (2) years and thirty-four percent (34%) after the third year, until the
applicant fulfills its Note requirements as defined in the promissory note document.
1. If the homeowner occupies the home for the full three-year (3-year) term, the Note will
expire and no repayment will be required, nor will any conditions be imposed relative to
the disposition of the property. If any of the terms and conditions under which the
assistance was provided are breached or if the property is sold, leased, transferred, or
vacated by the homeowner for any consecutive thirty-day (30-day) period during the
Note term, the repayment provisions of the Note shall be enforced.
2. If, during the Note term, the homeowner vacates the unit for any consecutive thirty-day
(30-day) period, the locality may forgive, as evidenced by the program director, city
council, or commissioner court action, the remaining loan balance. Prior to forgiveness of
all or any portion of the assistance provided, the request for forgiveness must be
approved by the local governing body and be based on documented and justifiable
conditions or circumstances that would result in an unnecessary hardship to the
homeowner and, in the case of a limited-clientele project, the determination that the
national objective of benefiting LMI persons was met.
3. For a limited-clientele project, the national objective will be considered met only when
the program director, city council, or county commissioner court determines that an LMI
person has occupied the rehabilitated or reconstructed home for a time sufficient to meet
the national objective. If the national objective was not achieved, Subrecipient is liable
for repayment of an amount equal to the difference between the appraised value of the
home prior to reconstruction and the sales price when the home is sold during the term of
the forgivable Note.
4. If property assisted under a limited-clientele project is sold or transferred to a person
other than an eligible LMI person, the remaining pro-rated balance of the Note must be
repaid by Subrecipient from the sales proceeds. Notwithstanding the preceding,
Subrecipient shall be held liable for any balance remaining over and above the sales
proceeds. In all instances, upon completion of the Note or repayment of the assistance (in
full or in part), Subrecipient shall prepare and record a release-of-lien document in the
land records of the applicable county.
Subrecipient may establish a longer affordability period at its own discretion.
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5. Monitoring of the Note is required both during and after the grant is closed. Subrecipient
must utilize non-CDBG funds to fulfill the monitoring obligations for its impacted
recovered community.
6. Subrecipient will maintain a list of homeowners that do not maintain flood insurance as
documented in their promissory notes. These applicants will not be allowed to receive
future assistance as outlined in Section B of this document.
P. RENTAL HOUSING REHABILITATION, RECONSTRUCTION, OR NEW CONSTRUCTION
ASSISTANCE
Rental housing rehabilitation, reconstruction, or new construction assistance will be provided
in the form of a forgivable loan or grant at a zero percent (0%) interest rate dependent on the
applicable Federal Register notice, Action Plan, or Housing Guidelines. Provided all terms
and conditions under which the assistance was provided continue to be fulfilled, the
Promissory Note will be forgiven on a pro-rated basis until the applicant fulfills their
Promissory Note requirements as defined in the Promissory Note document.
The purpose of the Affordable Rental Program is to facilitate the rehabilitation,
reconstruction, and/or new construction of affordable rental housing needs within the service
area of a disaster event. A minimum of 51% of the multi-family units must be restricted to
LMI persons during the affordability period of twenty (20) years. The rents, at a minimum,
must comply with High HOME Investment Partnership (HOME) Rents and other existing
Land Use Restriction Agreement (LURA) restrictions if applicable. HOME rent limits are
defined by HUD and must equal the lesser of fair market rents or 30% of the adjusted income
for people earning 65%of the Area Median Family Income.
Q. COASTAL MANAGEMENT
Subrecipient acknowledges and agrees that any Project that may impact a Coastal Natural
Resource Area must be consistent with the goals and policies of the Texas Coastal
Management Program as described in Title 31, Chapter 26 of the Texas Administrative Code.
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GLO Community Development and Revitalization
Monthly Activity Status Report
Subrecipient must provide monthly Activity status reporting for all sites identified in the Performance Statement (Attachment A) and relevant to the
milestones therein.The Monthly Activity Status Report is due the fifth day of the month following the reporting period for the duration of the Contract.Submit
the report using the Texas Integrated Grant Reporting system upload for Monthly Activity Status Reporting.
Subrecipient:
Contract Number:
Preparer Name: Contact Information:
Reporting Period(Month/Year):
Project Title:
Att. A Budget Gates/Milestones TIGR Milestone On Schedule?
Project Milestone Phase (If no, describe improvement
Budget Category Budget Allowance (Pending or Complete) planbelow.)
Start-Up Documentation PD-GA Funds 0-15%
Engineering NTP Eng Funds 0-30%
Environmental NTP PD-GA Funds 15.01-30%
PD-Env Funds 0-30%
Engineering Design Eng Funds 30.01-60%
Completion of Special Env Svcs PD-Special Env Funds 100%
Authority to Use Grant Funds PD-GA Funds 30.01-50%
PD-Env Funds 30.01-100%
Acquisition (if applicable) Acq Funds 100%
Bid Advertisement
PD-GA Funds 50.01-60%
Eng Funds 60.01-70%
PD-GA Funds 60.01-85%
Contract Award and Construction Eng Funds 70.01-85%
Construction Funds 0-95%
PD-GA Funds 85.01-95%
Construction Activity Completion Eng Funds 85.01-100%
Construction Funds 95.01-100%
Planning NTP Planning Funds 0-95%
Planning Completion Planning Funds 95.01-100%
Contract Closeout PD-GA Funds 95.01-100%
Project Status Concerns (provide notes or information relevant to the overall contract.):
Budget Status: Total Budget Total Expended Balance % Expended (Total Expended/Total Budget)
PD-GA Funds
PD-Env Funds
PD-Special Env Funds
Eng Funds
Acq Funds
Construction Funds
Planning Funds
Totals:
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513
Attachment G
GLO Contract No.24-067-035-E223
Page 1 of 4
GLO Information Security Appendix
1. Definitions
"Breach of Security" means any unauthorized access of computerized data that compromises the
security, confidentiality, or integrity of GLO Data that is in the possession and/or control of
Subrecipient (or any entity with which Subrecipient shares GLO Data as authorized herein)
including data that is encrypted if the person accessing the data has the key required to decrypt
the data, or a loss of control, compromise, unauthorized disclosure or access, failure to physically
secure GLO Data or when unauthorized users access PII or SPI for an unauthorized purposes.
The term encompasses both suspected and confirmed incidents involving GLO Data which raise
a reasonable risk of harm to the GLO or an individual. A Breach of Security occurs regardless of
whether caused by a negligent or intentional act or omission on part of Subrecipient and/or
aforementioned entities.
"GLO Data" means any data or information, which includes PII and/or SPI as defined below,
collected, maintained, and created by the GLO, for the purpose of providing disaster assistance
to an individual, that Subrecipient obtains, accesses (via records, systems, or otherwise), receives
(from the GLO or on behalf of the GLO), or uses in the performance of the Contract or any
documents related thereto. GLO Data does not include other information that is lawfully made
available to Subrecipient through other sources.
"Personal Identifying Information" or"PII"means information that alone, or in conjunction with
other information, identifies an individual as defined at Tex. Bus. & Corn Code Section
521.002(a)(1).
"Sensitive Personal Information" or "SPI" means the personal information identifying an
individual as defined at Tex. Bus. &Com. Code Section 521.002(a)(2).
All defined terms found in the Contract shall have the same force and effect, regardless of
capitalization.
2. Security and Privacy Compliance
2.1. Subrecipient shall keep all GLO Data received under the Contract and any documents
related thereto strictly confidential.
2.2. Subrecipient shall comply with all applicable federal and state privacy and data
protection laws, as well as all other applicable regulations.
2.3. Subrecipient shall implement administrative, physical, and technical safeguards to
protect GLO Data that are no less rigorous than accepted industry practices including,
without limitation, the guidelines in the National Institute of Standards and Technology
("NIST") Cybersecurity Framework Version 1.1. All such safeguards shall comply with
applicable data protection and privacy laws.
2.4. Subrecipient will legally bind any contractor(s)/subcontractor(s) to the same
requirements stated herein and obligations stipulated in the Contract and documents
related thereto. Subrecipient shall ensure that the requirements stated herein are
imposed on any contractor/subcontractor of Subrecipient's subcontractor(s).
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513
Attachment G
GLO Contract No.24-067-035-E223
Page 2 of 4
2.5. With the exception of contractors and subcontractors as they are addressed in Section
2.4, Subrecipient will not share GLO Data with any third parties, except as necessary
for Subrecipient's performance under the Contract and upon the express written
consent of the GLO's Information Security Officer or his/her authorized designee.
2.6. Subrecipient will ensure that initial privacy and security training, and annual training,
thereafter, is completed by its employees or contractor/subcontractors that have access
to GLO Data or who create, collect, use, process, store, maintain, disseminate, disclose,
dispose, or otherwise handle PII and/or SPI on behalf of the GLO. Subrecipient shall
maintain and,upon request,provide documentation of training completion.
2.7 Any GLO Data maintained or stored by Subrecipient or any contractor/subcontractor
must be stored on servers or other hardware located within the physical borders of the
United States and shall not be accessed outside of the United States.
2.8 Subrecipient shall require that all individuals allowed to access GLO Data pursuant to
this Contract sign a confidentiality and non-disclosure agreement ("NDA") before
being given access to GLO Data. At a minimum, the NDA shall inform all individuals
of the confidential nature of the GLO Data, the security and non-disclosure
requirements of this Contract, and the potential criminal penalties and civil remedies
specified in federal and state laws that may result from the unauthorized disclosure of
GLO Data. The NDA shall require all individuals to acknowledge that the GLO or the
United States government, including the U.S. Department of Housing and Urban
Development, will seek any remedy available, including all administrative, disciplinary,
civil, or criminal action(s) or penalties, as appropriate, for any unauthorized disclosure
of GLO Data. Subrecipient shall provide the GLO copies of any and all NDAs upon
request or demand by the GLO.
2.9 Subrecipient shall only use GLO Data for the purposes of administering the Project(s).
3. Data Ownership
3.1. The GLO shall retain full ownership of all GLO Data, which includes PII and/or SPI,
disclosed to Subrecipient or to which Subrecipient otherwise gains access by operation
of the Contract or any agreement related thereto.
3.2. If, at any time during the term of the Contract or upon termination of the Contract,
whichever occurs first, any part of the GLO Data, in any form, provided to Subrecipient
ceases to be necessary for Subrecipient's performance under the Contract, Subrecipient
shall within fourteen (14) days thereafter securely return such GLO Data to the GLO,
or, at the GLO's written request, destroy, uninstall, and/or remove all copies of data in
Subrecipient's possession or control and certify to the GLO that such tasks have been
completed. Subrecipient shall provide certification of such destruction of GLO Data. If
such return is infeasible, as mutually determined by the GLO and Subrecipient, the
obligations set forth in this Attachment, with respect to GLO Data, shall survive
termination of the Contract and Subrecipient shall prohibit any further use and
disclosure of GLO Data.
Docusign Envelope ID: 5797005C-7F7D-43E2-A5D8-29EDB4E94513
Attachment G
GLO Contract No.24-067-035-E223
Page 3 of 4
4. Data Mining
4.1. Subrecipient shall not use GLO Data for unrelated commercial purposes, advertising or
advertising-related services, or for any other purpose not explicitly authorized by the
GLO in this Contract.
4.2. Subrecipient shall take all reasonable physical, technical, administrative, and procedural
measures to ensure that no unauthorized use or access of GLO Data occurs.
5. Breach of Security
5.1. Subrecipient shall provide the GLO with the name and contact information for an
employee of Subrecipient which shall serve as the GLO's primary security contact.
5.2. Upon Subrecipient's discovery of a Breach of Security or suspected Breach of Security,
Subrecipient shall notify the GLO as soon as possible, but no later than 24 hours after
discovery of the Breach of Security or suspected Breach of Security. Within 72 hours,
Subrecipient shall provide to the GLO, at minimum, a written preliminary report
regarding the Breach or suspected Breach to the GLO with root cause analysis
including a log detailing the data affected.
5.3. Subrecipient shall submit the initial notification and preliminary report to the GLO
Information Security Officer at informationsecurity(a,glo.texas.gov.
5.4. Subrecipient shall take all reasonable steps to immediately remedy a Breach of Security
and prevent any further Breach of Security.
5.5. Subrecipient shall not inform any third party of any Breach of Security or suspected
Breach of Security without first obtaining GLO's prior written consent unless such
action is required by law or is limited to third party personnel that have a need to know
for the sole purpose of containing or remediating the Breach of Security or suspected
Breach of Security. However, while a third party may be informed of the Breach or
suspected Breach for the sole purpose of containing or remediating it, no GLO Data
shall be shared with such third party unless express written permission is obtained from
the GLO in accordance with Section 2.5. Subrecipient will legally bind such third party
to the same requirements stated herein and obligations stipulated in the Contract and
documents related thereto as soon as practicable upon securing such third party to
contain or remediate the Breach of Security or suspected Breach of Security.
5.6. Notwithstanding the remedies provided in the Contract, if a Breach of Security includes
SPI, Subrecipient shall, at the discretion of the GLO, notify affected individuals of such
Breach and provide affected individuals complimentary access to one (1) year of credit
monitoring services.
6. Right to Audit
6.1 Upon the GLO's request and to confirm Subrecipient's compliance with this
Attachment, Subrecipient grants the GLO, or a GLO-contracted vendor, permission to
perform an assessment, audit, examination, investigation, or review of all controls in
Subrecipient's, or Subrecipient's contractor/subcontractor's, physical and/or technical
environment in relation to GLO Data. Subrecipient shall fully cooperate with such
Docusign Envelope ID:5797005C-7F7D-43E2-A5D8-29EDB4E94513
Attachment G
GLO Contract No.24-067-035-E223
Page 4 of 4
assessment by providing access to knowledgeable personnel, physical premises,
documentation, infrastructure and application software that stores, processes, or
transports GLO Data. In lieu of a GLO-conducted assessment, audit, examination,
investigation, or review, Subrecipient may supply, upon GLO approval, the following
reports: SSAE18, ISO/ICE 27001 Certification, FedRAMP Certification, and PCI
Compliance Report. Subrecipient shall ensure that this clause concerning the GLO's
authority to assess, audit, examine, investigate, or review is included in any
contract/subcontract that Subrecipient awards.
6.2 At the GLO's request, Subrecipient shall promptly and accurately complete a written
information security questionnaire provided by the GLO regarding Subrecipient's
business practices and information technology environment in relation to GLO Data
and the GLO shall consider such information to be confidential to the extent allowed by
law.
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EXHIBIT "B"
Defining project location Approximate path or Proposed HUD
(on/along...) location (from...to...) mid- Performance Measures
point coordinates
Along 9th Avenue From the intersection of 2,528 LF
South Bound Lanes Jimmy Johnson Boulevard
and 9th Avenue southeast to
the intersection of 9th Avenue
and Greenway Pointe Drive
29.943 63 9,-93.971147