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Home My WebLink AboutPR 17721: GRANT AGREEMENT WITH TEXAS GENERAL LAND OFFICE UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IKE RECOVERY ROUND 2.2 M emo To: Floyd T. Johnson, City Manager From: Mary E. Essex, Grants Program Administrator Date: June 6, 2013 Re. P. R. 17721 RECOMMENDATION: I recommend that the City Council adopt Proposed Resolution 17721 that authorizes a grant agreement between the City of Port Arthur and the Texas General Land Office (GLO), under the Community Development Block Grant Program, Ike Recovery Round 2.2. BACKGROUND: The City of Port Arthur has been approved by the Texas General Land Office to receive $10,301,777 of funding for infrastructure improvements for the following activities: Water Facilities - $ 2,579,788 Street Improvements - $ 2,304,201 Flood and Drainage Facilities $ 2,801,927 Clearance Demolition Activities $ 1,415,000 Engineering/Architectural Services $ 948,890 Project Delivery $ 207,971 Environmental $ 35.000 $10,301,777 P. R. 17721 06/06/13 ME -Grants Management RESOLUTION NUMBER A RESOLUTON AUTHORIZING A GRANT AGREEMENT BETWEEN THE CITYOF PORT ARTHUR AND THE TEXAS GENERAL LAND OFFICE (GLO) FOR THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT ROUND 2.2 FUNDING DISASTER RECOVERY PROGRAM IN THE AMOUNT OF $10,301,777 FOR INFRASTRUCTURE IMPROVEMENTS. WHEREAS, the grant agreement entered into with the Texas General Land Office will provide financial assistance with funds appropriated by the Consolidated Security, Disaster Assistance, and Continuing Appropriation Act (Public Law 10 -329) enacted on September 30, 2008, to facilitate disaster recovery, restoration, economic, revitalization, and to affirmatively further fair housing, in accordance with Executive Order 12892, in areas affected by Hurricanes Dolly and Ike, which are Presidentially - declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and, WHEREAS, the City of Port Arthur has been approved by the Texas General Land Office to receive $10,301,777 of funding for infrastructure improvements for the following activities: Water Facilities - $ 2,579,788 Street Improvements - $ 2,304,201 Flood and Drainage Facilities $ 2,801,927 Clearance Demolition Activities $ 1,415,000 Engineering/Architectural Services $ 948,890 Project Delivery $ 207,971 Environmental $ 35,000 $10,301,777 ;and, WHEREAS, it is deemed in the best interest of the City of Port Arthur to enter into a grant agreement with GLO for the implementation of the Community Development Block Grant — Round 2.2 funding Disaster Recovery Program, see Exhibit "A" attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT the City Manager is authorized to execute a contract with GLO in the amount of $10,301,777 for activities described in substantially the same form as Exhibit "A ". THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of A.D., 2013 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBERS NOES: MAYOR ATTEST: SHERRI BELLARD CITY SECRETARY APPROVED FOR FORM: VA IZ 0 O Y ATTO 'I EY APPROVED FOR ADMINISTRATION: FLOYD T. JOHNSON CITY MANAGER APPROVED FOR AVAILABILITY OF FUNDS: 1 . 4 . % •4 . 4 1 J DEBORAH ECHOLS DIRECTOR OF FINANCE JOHN A. COMEAUX, PE ASSISTANT CITY MANAGER EXHIBIT A II � "' { PURCHASE REQUISITION REQUISITION +rt!er :�,:�k_ - y Texas General Land Office NUMBER r ,.y { 1 ° Da eat place an Order. The Purchasing Department MUST SEND TO LEGAL SERVICES? • YES 0 NO place din under to mrnplianee uttb State Laos and Rrtvdati EXISTING CONTRACT DRS220148 �:.. NUMBER 34`C43 - 6 Proersm /Divirinn Gnit tct for farther Information Phone Number Date Prepared Disaster Recover; larrnd Choate 512 691 - 2283 Fcbruan• 14, 2013 Protect Title or Purpnse for this Requisition Round 2.2 Avrard for the CIKG DR Program_ Total Grant I;urtds = S10.301,777 (Non - 1 lousing). ✓ • • • uest a NEW CONTRACT U Deadline - DATE; flu Contract or Amendanent„ if amv (;tut include Dc tat. Memo • Request art 'AMENDMENT to an existing contract due to: - - - - -- - - -- FUNDING SOURCES (State or Federal / rtpeer - NORA / 'IMS, ett.): HUp Vendor 1.13. 7 4- 6001 88 5 _Al A. rural) I) L 1114.: : , ,�. " ` f Vendor Project Mona er/Phone #: Cynthia 1lttdson / (512) 861 -4952 City of Port Arthur Name Su csted Vendor: Address P.O. Box 1089 Vendor Contact Person: Floyd T. lnhnsnn, Ciry Manager Phone .& Fix Numbers: (409 983 -8101 • City /State Port Arthur. TX Tell 77640 E-mail address. fitzr ilibonsgport trthur.ner DT /PCT Fund Ap rat . Cum t. Oh GLO Cede PCA Amount budget Mli' B1, Da= 1111 13046 7611 4280 21638 59,2_•03,387,00 C:rnr1- ��J'- 000 ' Notes/Comments: The Contract End Date on this form reflects proposed Contract End Date. ITEM CLASS - ITE1•I/ UNIT EXTENDED DESCRIPTION OF PRODUCT /SERVICE QUANTITY UODf COMMODITY CODE PRICE PRICE C1)SG Disaster RO {n'cn• Gr;tnt 1'rctierin1 59.203,387.00 50.00 � C 5 15148 � GRANT SO.C)0 IIIIIIIIIII CONrltACT# MI Contract #1303390000 scab i ME■ s0,a© �� ■�� so.at) ,.,,; a ,„ _ r i ,h,,,"2; 174,, ADDITIONAL PAGE TOTAL: 50.00 CONTRACT DATES: ` FROM: D.O.E. TO: 12 /3t /20I$ GRAND TOTAL $9,203,387.00 Jorge A. ===.117 — -- Ramirez W ... ,,,. DIRECTOR DATE !S- TEG1NuIJXn7CUuFlL7Pfi i MTW f ' TE r : .4�'L 1�' N /O- bate i 123 ED '� 3 I or. WilieiEiriiiiiiiiN- D.4' .1 _ )14.1 i S CHIEF CLEA W - S5,000 AND OVER LV B VENDOR: RE7YCLED PRODUCT POSTED ON rsirn Porch-. Ts : ,, Yet No a E - Recycled ❑ Yes • NO � :. ig Processed 13v: • Black ■ Woman 6-2 Rentanufacttared � Dart: � _1 ii Hispanic Asian Orde /Ik 'n hat • Native American ❑ E-4 Env. Sensitive Due /End Date: MW Ent t! i ON' STATI 7E /fSSCRIPTIVEI.r:C.AI TF.XT BOND FUND (use of funds to pay expenses related to the Land)-TX. Nal. 8 PERMANENT SCHOOL FUND INVESTMENTS -TX. Nat. Res. Code 51.402 Res_ Code, Tttto 7, Chaptor 161, Subchapter A, Section 161.175 POSTAGE - General Appropriations Act. 74th Leo. Session, Sec. 9, ©BOND FUND (use of funds to pay bond expenses) -TX. Nal. Res. Code. H8 1, Sec. 33 (Purchase of Postage) Title 7, Chapter 161, Subchapter A, Section 161.176 ❑ PROFESSIONAL SERVICES -TX. Gov. Code, Tile 10, Subtitle F. SOC. DBOND FUND (for printing) - TX. Nat. Res. Corte, Chapter 161, Ref. 2155.001, Chapter 2254, Subchepter.A, Sec. 2254.001 Subchapter A, Suction 161.176(3) II PURCHASE OF LAND -TX. Nat Res. Code, Section 51.402 CEPRA•TX, Natural Resource Code, Chapter 33, Subchapter H 4 0 QyIE�TATE TRANSACTION-TX. Nal Resource Code, Ann 31.158(4) Du CEPRA -TX. Natural Resource Code. Ch I-V Chapter 33. Subchapter TX, e ■ P ,� VENTILITIES - TX. Gov. Code, Chapter 2155; Ref. 2155.01(d) Codo, Title 10. Chapter 2155. Subchapter 2155,147 "* ' * 6i TRAINING -. Gov. Code, Titre 6, Subtitle B, Section 656,044 ❑C SUITING SERVICES-TX. Gov, Code, Title 10, Subtitle F, i'fi`of. Oat S` Nat_ Res Godo, Chapter 184 (Senate silI) 155.001, Chapter 2254, Subchapter 8, Sac. 2254.021 ft " , °c+ P RANTS -TX. Gov, Code, Title 10, Subtitle 0, Section 2155.140't; ra t` DINTERAGENCY CONTRACT-TX, Gov. Code, Title 7, Chapter a 1 B INTERLOCAL CONTRACT -TX. Gov. Code, Title 7, Chapter 791,e MAIL SERVICES - TX. Gov. Codo, Title 10, Subtitle 0, Chapter T. .10 t j5 15, ' QOSPRA -TX. Nat. Res. Code, Chapter 40 'C UTI •4 OUTSIDE COUNSEL -TX Gov. Coda 2254.024 sr . . Nr • DO HER - _ ,,- 6 ALL C) IILIGA TI©NSG GREATER TITAN $?5,000 MUST IBE + 'L't`rI'.. i ON TILE ELECTRONIC STATE BUSINESS DAILY- Susan Morgan 4 L ., ,y,•....e.e...•eIANdkv.Awe* . - M *. ar^.wr l rwdnrnunewro,6fle C.,r 7.16161 161 r 14 *LW i Ok 1 g --. WA - GLO CONTRACT CONTRACT No.13-339-000-7653 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM ROUND 2.2 NON-HOUS1NG GRANT AGREEMENT This Community Development Block Grant Disaster Recovery ("CDBG-DR") grant agreement (the "Contract") is entered into by and between the GENERAL LAND OFFICE ("the GLO"). a Texas state agency, and the CITY OF PORT ARTHUR ("Grantee"), hereinafter referred to collectively as "the Parties." to provide financial assistance with funds appropriated by the Consolidated Security, Disaster Assistance. and Continuing Appropriation Act (Public Law 110- 329) enacted on September 30. 2008, to facilitate disaster recovery, restoration. economic revitalization. and to aftirmatively further lair housing.. in accordance with Executive Order 12892. in areas affected by Hurricanes Dolly and Ike, which arc Presidentially-declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). ARTICLE 1 - GENERAL PROVISIONS 1.01 SCOPE OF PROJECT AND GRANT AWARD (a) Scope of Project The purpose of this Contract is to set forth the terms and conditions of a Grant from the GI,0 to Grantee under the CD13G Disaster Recovery program ("CDBG-DR" or the Program). In strict conformance with . the terms and conditions of this Contract. Grantee shall conduct disaster recovery projects and economic revitalization activities as authorized by the GLO for and in the City of Port Arthur, as detailed in the Performance Statement, attached hereto and incorporated herein for all purposes as Attachment A (the "Project"). The Project shall be ,conducted in strict accordance with the terms of this Contract, including all Contract Documents in SECTION 1.02. below. and any Amendments. Revisions or Technical Guidance Letters issued by the GLO. (h) Grant Award Grantee submitted a Grant Application for grant under the Program. and the GI..0 is entering into this Contract based on Grantee's Application. Subject to the terns and conditions of this Contract and Grantee's Application, the GLO agrees to make a grant to Grantee in an amount not to exceed TEN MILLION THREE HUNDRED ONE THOUSAND SEVEN HUNDRED SEVENTY-SEVEN DOLLARS (S10,301,777.00), payable as reimbursement of allowable expenses incurred by GLO Contract No. 13-339-000-7653 • • • Page 1 of 21 . • • • 1,.4.:12712 • • • • • • • • • Grantee, to be used in strict conformance with the terms of this Contract and the Project Budget in Attachment B. The GLO is not liable to Grantee for any costs incurred by Grantee before the effective date of this Contract or after the expiration or termination of this Contract. 11.oWever. the GLO in its sole discretion. may reimburse Grantee for allowable _ program costs incurred prior to the effective date of this Contract. 1.02 CONTRACT DOC UJIENTS The GLO and Grantee hereby agree that this document and the following documents. attached hereto and incorporated herein in their entirety for all purposes (the "Attachments "), shall govern this Contract: ATTACHAIEN7' A: Performance Statement and Implementation Schedule ATTACII,�1EN'1' B: Project Budget. ATTACIIMIEN'I' C: Nonexclusive list. of Applicable Laws, Rules. and Regulations ATTACHMENT 1): General Affirmations ATTACHMENT E: Federal Assurances — Non-Construction Programs SF-424B (Rev. 7 -97) and Certifications Regarding Lobbying Lower Tier Covered Transactions (Form CD-512. Rev. 12 -04) ATTACHMENT F: Special Conditions 1.03 GUu), NCE DoCUmEs rs Grantee shall be deemed to have read and understood and agrees to abide by all guidance documents applicable to the CDBG-DR program including but not limited to: the CD13G -DR Project implementation Manual found at: http: / /www.glo.texas.gov /GLC)/ disaster- rccoverylnonhousinip /forms- publications.html: the State of Texas Action Plan for Disaster Recovery found at: http : / /www.ulo.tcxas.uov /GI.O/ disaster - recovery /action- plans. html: and the Conciliation Agreement between the Texas Lo\v Income Housing Information Service and Texas Applcseed. and the State of Texas. by and through the Texas Department. of Rural Affairs and the Texas Department of 1- lousing and Community Affairs. as approved by MUD in its letter dated May 26, 2010, to the Office of the Attorney General of Texas. 1..04 DEFINITIONS ::Act" means Title 1 of the Housing. and Community Development Act of 1974. as amended (42 f.l.S.C. Sec. 5301 e/ .seq.); and Public Law 110 -329. "Activity" means a defined class of works or services authorized. to be accomplished using CDRG -DR grant funds. Activities are specified in Grantee Budgets as `Category.' and the terms are interchangeablc under this Contract. GLO Contract No. 13- 339- 000 -7653 Page 2 of 21 - • v4_42712 , "Administrative and Audit Regulations" means the regulations included in Title 24, CFR„ Part 85. Chapter 321 of the Government Code; Subchapter F of Chapter 2155 of the Government Code: and the requirements of Article VII herein. With regard to any federal funding. agencies vith the necessary legal authority include: the relevant federal agency,. the Comptroller General, the General Accounting Office, the Office of Inspector General, and any of their authorized representatives. In addition. with regard to any state funding, state agencies with the necessary legal authority include: the GLO, the GLO's contracted. exaniners, the State Auditor's Office, and the Texas Attorney General's Office. "Amendment" means a m.-ritten agreement, signed by the parties hereto. which documents alterations to the Contract other than those permitted by Work Orders, Technical Guidance Letters. or Revisions, as herein defined. "Application" or ''Grant Application" means the information provided by Grantee, ‘Yhich, is the basis for the award of funding under this Contract. "BudEet" means the budget for the Project funded by the Contract. a copy or which is included in Attachment B. "C.F.R." means the United States Code of Federal Regulations. "CDBG-DR" means the U.S. Department of 1 and Urban Development's Community Development Block Grant Disaster Recovery program. "Certificate of Construction Completion' means a document to be executed by the construction contractor. Engineer, and Grantee, for each construction project Nvhich. when 'fully executed, indicates acceptance of the completed Project. "Construction Documents" means the engineering specifications. construction plans, and/or architectural plans for the construction of improvements approved by the GLO under the Contract. if any. "Contract" means this entire document, along with any Attachments, both physical and incorporated by reference; and any Amendments. Revisions, or Technical Guidance Letters that may be issued by the GLO, to be incorporated by reference herein for all purposes as they are issued, if any. "Contract. Documents" means the documents listed in SECTION 1.02. "Contract Period" means the period of time between the effective date or a contract and its expiration or termination date. 'Deliverable(s)' means the work product(s) required to he submitted to the GLO as set forth in the Project Implementation Manual, including all reports and other project documentation. "Ilgigpment" means tangible personal property have a useful life of more than one (1) year and an acquisition cost of Five Thousand Dollars. (S5,000.00) or more per unit. "Event of Default" means the occurrence of any of the events set forth in SECTION 3.03 herein. Gm) coturact Ni,. 13-339-000-7653 , Page 3 of 21 • • • • v4_42712 3 .• • ■•■11 • ••• "Federal Assurances means Standard Form 42413 (Rev, 7-97). as prescribed by OMB Circular A-102 (non-construction programs) in Attachment E. "Federal Certifications' means U.S. Department of Commerce Form CD-512 (Rev 12- 04), "Certifications Regarding Lobbying - Lower Tier Covered Transactions," and Standard Form LLL (Rev. 7-97), Disclosure of Lobbying Activities, also in Attachment E. "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. "CrAAP" means "Generally Accepted Accountinp, Principles." as applicable. "GASB" means accounting principals as defined by the Governmental Accounting Standards Board. as applicable. "General Affirmations" means the affirmations in Attachment D. to which Grantee certifies by the signing of this Contract. "GLO" means the Texas General Land Office, its officers. employees. and designees. "HUB" means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code. "HUD" means the United States Department of Housing and Urban Development. "Implementation Schedule" means the schedule by which various project milestones must be met by Grantee, and is attached hereto as part of Attachment A. "Performance Statement" means the statement of work contained. in Attachment A. "PMC" means the GL0's Project Management Company, HNTB Corporation. "Proi.tram" means the Community Development Block Grant-Disaster Recovery-program administered by HUD, in cooperation with the GLO. "Project" means the work to be performed under this Contract, as described in SECTION 1.01(a) above, Sc.:on (yr PnojEcr, and as detailed in Attachment A. "Project Completion Report" means a report containing an "as built" accounting of all projects completed under a CDBG-DR grant. and containing all information required to completely close out a grant file. "Project Implementation Manual" means a set of guidelines for the CD13G-DR grant program. "Public Information Act" means Chapter 552 of the Texas Government Code. "Revision" means written approval by the GLO to allow changes to Deliverable due. dates. movement of funds among Budget categories. and other Contract adjustments that may be approved outside the GLO's formal Amendment. process. "Technical Guidance Letter' or "IGL" means an instruction. clarification. or interpretation of the requirements of the CDBG-DR., issued by the GLO to specified recipients, applicable to specific subject matter. to which the addressed Program participants shall be subject. • GLO Contract No. 13-339-000-7653 • ' , 4 4 1 1 2 • . v4_42712 a•• ••• "U.S.C." means the United States Code. 1.05 INTERPRETIVE PROVISIONS (a) The meanings of defined terns are equally applicable to the singular and plural limns of the defined terms: (b) The words `hereof." "herein." "hereunder." and similar words refer to this Contract as a whole and not to any particular provision. section, attachment, Nvork order, Or schedule of this Contract, unless otherwise specified; (c) The term "including is not limiting. and means "including without limitation" and, unless otherwise expressly provided in this Contract. (d) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms of this Contract. and (c) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating. amending, replacing, supplementing. or interpreting the statute or regulation; (1f) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract: (g) All attachments within this Contract. including those incorporated by reference, and any amendncnts. are considered part of the terms of this Contract; (h) This Contract may use several different limitations. regulations, or policies to regulate the sane or similar nutters. All such limitations, regulations, and policies are cumulative and each shall he performed in accordance with its terms: (i) Unless otherwise expressly provided, reference to any action of the Cif.O or by the GLO by way of consent, approval. or waiver shall be deemed modified by the phrase. "in the sole discretion of the 01.0." Notwithstanding the preceding sentence. any approval. consent. or waiver required bv. or requested of. the 01..0 shall not be unreasonably withheld or delayed; (j) 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: (b) 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; and (1) Time 15 of t.hc essence in this Contract. RFN1AINt)Ett OF PAGE INTENTIONALLY Un BLANK t • CLO Contract No. 13- 339.0U0-7 (,53 - . !'ar 5 012i ARTICLE 2 — REIMBURSEMENT, ADVANCE PAYMENT, BUDGET VARIANCE, AND INCOME 2.01 REIMBURSEMENT REQUESTS Each invoice 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 in Word or WordPerfect format via email. 2.02 REQUESTS FOR REIMBURSEMENT UNDER THIS CONTRACT MUST BE RECEIVED BY THE GLO NOT LATER THAN SIXTY (60) DAYS FROM THE DATE GRANTEE INCURS THE EXPENSE. NOTWITHSTANDING THE PRECEDING, REQUESTS FOR REIMBURSEMENT FOR EXPENSES INCURRED BY ANY SUBCONTRACTOR MUST BE RECEIVED BY THE GLO NOT LATER THAN THIRTY (30) DAYS FROM THE DATE THE GRANTEE RECEIVES THAT INVOICE FROM A SUBCONTRACTOR. FAILURE BY GRANTEE TO COMPLY IN A TIMELY MANNER WITH THESE TWO REQUIREMENTS MAY, AT THE GLO's SOLE DISCRETION, RESULT IN DENIAL OF THE REQUEST FOR REIMBURSEMENT. 2.03 ADVANCE PAYMENTS If necessary and if allowed by law, Grantee's requests for an advance of funds shall be limited to the minimum amount needed for effective accomplishment of the Project under this Contract, and shall be timed as closely as possible to actual cash requirements. Grantee shall establish procedures to minimize the time elapsing between the transfer of funds from the GLO to Grantee, and shall ensure that such funds are disbursed as soon as administratively possible. 2.04 BUDGET VARIANCE Amendments to decrease or increase the Budget, or to add or delete a Grantee Activity may be made only by written agreement of the parties, under the formal amendment process. In the sole discretion of the GLO, and in conformance with federal law, other adjustments as may be required during project performance may be approved by the GLO by way of a Revision or Technical Guidance Letter. Such approvals must be in writing., and may be delivered by regular mail, electronic mail, or facsimile transmission. GRANTEE SHALL SUBMIT AN ACTUAL BUDGET AND A CERTIFICATE OF EXPENDITURES TO THE GLO NO LATER THAN SIXTY (60) DAYS AFTER THE CONTRACT TERMINATION DATE OR AT THE CONCLUSION OF ALL CONTRACT ACTIVITIES, WHICHEVER OCCURS FIRST. THE CERTIFICATE OF EXPENDITURES SHALL BE IN A FORMAT PRESCRIBED BY THE GLO AND SHALL BE ACCOMPANIED BY A FINAL PROJECT COMPLETION REPORT OF ALL ACTIVITIES PERFORMED UNDER THIS CONTRACT. 2.05 INCOME Grantee shall maintain records of the receipt and accrual of all Program income in the same manner as required for all other funds under this Contract, and Grantee shall provide reports of Program income to the GLO with each form submitted by Grantee in accordance with ARTICLE 4 of this Contract. All Program income must be returned to the GLO on at least a quarterly basis and must be reported to the GLO, as requested. GLO Contract No. 13- 339 -000 -7653 ° ° e 0:0 0 0 0 ° Page 6of21 ° 000 e o 0 0o 0 o e v4_42712 00 0 0 000 • 000 0 2.06 GRANT OFFER SUBJECT TO CANCELLATION IF GRANTEE DOES NOT RETURN THE ORIGINAL SIGNED CONTRACT TO THE GLO WITHIN THIRTY (30) DAYS OF TRANSMITTAL OF THE CONTRACT TO GRANTEE, GRANT FUNDING FOR THE PROJECT MAY BE SUBJECT TO CANCELLATION. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13-339-000-7653 ° °° °:° 0 °0 0 Page 7 of 21 000 0 • ° • 00 0 0 0 v4_42712 00 0 0 0•• 0 •00 • ARTICLE 3 -- DURATION, EXTENSION, TERMINATION, DEFAULT, AND REMEDIES 3.01 DURATION OF CONTRACT AND EXTENSION OF TERM This Contract shall become effective on the date signed by the last party, and shall terminate on December 31, 2015 ( "Contract Period "). Notwithstanding the preceding sentence. Grantee must adhere to all Project milestones in Attachment A; as may be revised, failure to meet any milestone may result in termination under SECTION 3.02, below. Upon receipt of a written request and acceptable justification from Grantee, the GLO may amend this Contract to extend the Contract Period. 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 BY 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 subsequent to the date of the notice. Upon receipt of such notice, Grantee shall cease work, undertake to terminate any relevant 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. 3.03 EVENTS OF DEFAULT Each of the following events shall constitute an Event of Default under this Contract: (i) Grantee's failure to comply with any term, covenant, or provision contained in this Contract; (ii) Grantee makes a general assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (iii) if at any time, Grantee makes any representation or warranty that is incorrect in any material respect to the Performance Statement, any request for payment submitted to the GLO, or any report submitted to the GLO related to the Contract. 3.04 REMEDIES; No WAIVER Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself of any equitable or legal remedy. A right or remedy conferred by this Contract upon either party is 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 failure of the GLO either to insist at any time upon the strict observance or performance of any of the provisions of this Contract, or the GLO's failure to exercise any right or remedy as provided in this Contract, shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent Events of Default. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13-339-000-7653 00 e ° ° e ° ° Page 8of21 °0 0 0 0 00 a ; °O o v4_42712 a 00 0 0 000 0 eo• • ARTICLE 4 - GRANT ADMINISTRATION 4.01 SUBMISSIONS — GENERALLY Except for legal notices that must be sent by specific instructions pursuant to SECTION 8.11 of the Contract, NOTICES, and all other reports and documentation as required by the Project Implementation Manual; any report, form, or request required to be submitted to the GLO under this Contract shall be sent in the format prescribed by the GLO. 4.02 FORMS Grantee must execute the applicable forms included in Attachment E, and certifies by the execution of this Contract to all affirmations in Attachment D, confirming compliance with required state and federal laws applicable to the Contract. (a) General Affirmations are found in Attachment D, and Grantee certifies by the execution of this Contract to all statements therein. (b) The Federal Assurances for Non - Construction Programs (Standard Form 424B), as applicable to the Project, is found at Page 1 of Attachment E, and must be executed by Grantee. (c) Certifications Regarding Lobbying Lower Tier covered Transactions (Form CD -512) is found at Page 3 of Attachment E, and must be executed by Grantee. (d) If any funds granted under this Contract have been used for lobbying purposes, Grantee must complete and execute Standard Form LLL, Disclosure of Lobbying Activities, found at Page 4 of Attachment E. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13- 339 - 000 -7653 O • • ° o ° • 00 • Page 9of21 °O° • O • • D • O O v4_42712 a o o D o 000 0 *co a ARTICLE 5 FEDERAL AND STATE FUNDING, RECAPTURE, REDISTRIBUTION, RETAINAGE, AND OVERPAYMENT OF FUNDS 5.01 FE DE.i L FUNDING (a) Funding for this Contract is appropriated under the Consolidated Security, Disaster Assistance, and Continuing Appropriation Act (Public Law 110-329) enacted on September 30. 2008. to facilitate disaster recovery, restoration, economic revitalization, and to affirmatively further fair housing in accordance with Executive Order 12892, in areas affected by Hurricanes Dolly and Ike, which are Presidentially- declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). The fulfillment of this Contract is based on those funds beinu made available 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 itm: PRt)MULC:ATED CINDER TILE CDBG -DR PROGRAM, AND ANY OTHER APPLICABLE LAWS. FURTHER, GRANTEE ACKNO\VLEDGES THAT ALL FUNDS ARE SUBJECT TO RECAPTURE AND REPAYMENT FOR NON- COMPLIANCE. (b) All participants in the CDBG -DR grant program must have a data universal numbering system (DUNS) number, as well as a Commercial And Gov erntnent Entity (CAGE) Code. (c) The DUNS number and CAGE Code must he reported to the GLO for use in various grant reporting documents, and may be obtained by visiting the System for Award iblanagenient web site at: wmv.sam: t`ov Assistance web may .� istance with this ib site. may bbe nbtaineobtained by calling 866-606-4220. 5.02 STATE: FUNDING This Contract shall not be construed as creating any debt on behalf of the State of Texas andlor the GLO in violation of Texas Constitution, Article 111, Section 49. In compliance with Texas Constitution, Article VIII.. Section G. it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable. this Contract may he terminated, In that event. the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of tcrranination. 5M3 RECAPTURE OF FUNDS Grantee shall conduct the Project as set forth in the Contract. in a satisfactory manner as determined by the GLO. The discretionary right. of the GL() to terminate for convenience under this Article notwithstanding. it is expressly understood and agreed by Grantee that {: i.o contract No. 13- 33 +9 -00U -766 3 e e • Page iUnrai , 4_427 1 2 ss -• • ••• the GLO shall have the right to terminate the Contract and recapture, and be reimbursed for, any payments made by the GLO that Grantee has not used in strict accordance with the terms and conditions of this Contract. This paragraph specifically includes the mandatory recapture of any funds used for the completion of any individual project that does not provide benefits to the beneficiaries as specified in the Performance Statement in Attachment A. 5.04 REDISTRIBUTION OF FUNDS Within sixty (60) days after receipt of non - housing project bids, Grantee must obligate excess funds remaining, if any. Failure to do so will result in redistribution of the funds to other Grantees or eligible entities for qualified projects. 5.05 RETAINAGE To ensure full performance, the GLO may retain an amount equal to five percent (5 %) of Grantee's grant funds until completion and acceptance by the GLO of the Project. The GLO shall make a final disbursement only upon receipt of documentation sufficient to determine that Grantee has completed the Project in accordance with the Contract Documents, requirements of the Contract; and all applicable law, rules, and regulations. 5.06 OVERPAYMENT Grantee understands and agrees that it shall be liable to the GLO for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13- 339 -000 -7653 , ° • 0.• • • 0 Page 11 of 21 0 0 °• • l. • 00 : e v4_42712 0 • • 0 •00 • 0•0 0 ARTICLE 6 - INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND USE (a) The parties to this Contract expressly agree that 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 shall be jointly owned by the parties with each party having the right to use, reproduce, or publish any or all of such information and other materials without the necessity of obtaining permission from the other party and without expense or charge. (b) The GLO and HUD are granted 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 NONENDORSEMENT BY STATE AND THE UNITED STATES Grantee shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, or other publications) that states or implies State of Texas or U.S. Government, or government employee, endorsement of a product, service, or position that the Grantee represents. No release of information relating to this Grant may state or imply that the State of Texas or the U.S. Government approves of Grantee's work products, or considers Grantee's work product to be superior to other products or services. 6.03 APPROVAL OF PUBLICATION AND SPECIFIC DISCLAIMER REQUIRED Prior to publication, Grantee must submit to the GLO, for HUD approval, any public information releases concerning this Grant Award that refer to HUD or any bureau or employee. The specific text, layout photographs, and so forth, of the proposed release must be submitted with the request for approval. The specific acknowledgements and funding statements that must be included in certain publications funded by the Grantee are set forth in the Contract Documents. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK I I GLO Contract No. 13- 339 - 000 -7653 .0. 0 0 ° ° ° ° 0 Page 12 of 21 ° ° ° ° ° ° v4 42712 0 o o 0 0 0 0 0 o e0o o 000 ARTICLE 7 - RECORDS, AUDIT, PROPRIETARY INFORMATION, AND PUBLIC DISCLOSURE 7.01 BOOKS AND RECORDS Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives, sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes including, but not limited to, the Non - Exclusive List of Applicable Laws, Rules, and Regulations provided in Attachment C. 7.02 INSPECTION AND AUDIT Grantee agrees that all relevant records related to this Contract or any work product produced, including those of its subcontractors, shall be subject at any reasonable time to inspection, examination, review, audit, and copying at any location where such records may be found, with or without notice by the Texas State Auditor's Office, the GLO, its contracted examiners, or the Texas Attorney General's Office. In addition, HUD, the Comptroller General, the General Accounting Office, the Office of Inspector General, or any authorized representative of the U.S Government shall also have this right of inspection. The GLO reserves the right to perform periodic on -site monitoring of Grantee's compliance with the terms and conditions of this Contract, assurance of non - duplication of beneficiaries and of the adequacy and timeliness of Grantee's performances under this Contract. After each monitoring visit, the GLO shall provide Grantee with a written report of the findings. If the monitoring report notes deficiencies in Grantee's performances under the terms of this Contract, the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for suspension or termination of this Contract. Grantee understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. GRANTEE SHALL ENSURE THAT ALL SUBCONTRACTS AWARDED REFLECT THE REQUIREMENTS OF THIS SECTION 7.02, AND THE REQUIREMENT TO COOPERATE. Grantee will be deemed to have read and have knowledge of all applicable federal, state, and local laws, regulations, and rules, including, but not limited to those identified in Attachment C, governing audit requirements pertaining to the Project. 7.03 GRANTEE SELF -AUDIT AND TARGETED AUDITS (a) Grantee Self -Audit Grantee, on approval of the GLO and/or HUD may conduct an annual financial and compliance audit of funds received and performances rendered under this GLO Contract No. 13- 339 -000 -7653 0 0 00 0 Page 13 of 21 oeo 0 • 0 °„ • u °e v4 42712 e 00 0 0 oee 0 eo• • Contract. Grantee may utilize funds budgeted under this Contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by the GLO under this Contract, provided however that the GLO shall not make payment for the cost of such audit services until the GLO has received from Grantee a satisfactory audit report and invoice, as determined by the GLO. The invoice submitted for reimbursement should clearly show the percentage of cost relative to the total cost of the audit services. Therefore, Grantee shall submit an invoice showing the total cost of the audit and the corresponding prorated charge per funding source. If applicable, an explanation shall be submitted with the reimbursement request, explaining why the percentage of audit fees exceeds the prorated amount allowable. (b) Targeted Audits In addition, the GLO shall have the right at any time to perform, or to instruct the performance of, an annual program and/or fiscal audit, or to conduct a special or targeted audit of any aspect of the operation of Grantee, using an auditor of the GLO's choice. Grantee shall maintain such financial records and other records as may be prescribed by the GLO or by applicable federal and state laws, rules, and regulations. These records shall be made available during the term of this Contract and the subsequent period for examination, transcription, and audit. 7.04 PERIOD OF RETENTION All records relevant to this Contract shall be retained for a period subsequent to the final closeout of the overall State of Texas CDBG -DR grant program, in accordance with federal regulations. The GLO will notify all Program participants of the date upon which local records may be destroyed. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13- 339 - 000 -7653 ° 000 ° ° v4 42712 Page 14 of 21 ° ° ° o ° ° 0 e ° o _ e °° ° °°° 0 °°° • ARTICLE 8 - MISCELLANEOUS PROVISIONS 8.01 LEGAL OBLIGATIONS Grantee shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification, or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Contract. Grantee will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee agrees to be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract. Grantee shall not commence work on the Project until it has obtained the requisite licenses and/or permits, if applicable. COPIES OF SUCH LICENSES AND PERMITS SHALL BE INCLUDED AS A PART OF THE MONTHLY REPORT FOR THE PERIOD DURING WHICH THEY ARE OBTAINED. 8.02 INDEMNITY AS GOVERNMENTAL ENTITIES AND REQUIRED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, EACH PARTY UNDERSTANDS THAT THEY ARE LIABLE FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, OR DEATH RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTY. IN THE EVENT THAT THE GLO IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION ARISING OUT OF ALLEGATIONS OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM THE ACTS OR OMISSIONS OF GRANTEE, AND FOR WHICH THE GLO IS LIABLE, IF AT ALL, ONLY THROUGH THE VICARIOUS LIABILITY OF GRANTEE, THEN, IN SUCH EVENT, GRANTEE AGREES THAT IT WILL PAY, ON BEHALF OF THE GLO, ALL COSTS AND EXPENSES OF LITIGATION (INCLUDING ANY COURT COSTS, REASONABLE ATTORNEYS' FEES, FEES OF ATTORNEYS APPROVED BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL) AS WELL AS ALL AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM, ACTION, OR SUIT, INCLUDING JUDGMENT OR VERDICT, ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT. IN THE EVENT THAT GRANTEE IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION SEEKING ANY DAMAGES FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH RESULTING OUT OF THE GLO's ACTIONS OR OMISSIONS, AND GRANTEE'S SOLE LIABILITY, IF ANY, IS ONLY VICARIOUSLY THROUGH THE GLO, THEN, IN SUCH EVENT, THE GLO AGREES TO PAY ANY AND ALL CLAIMS, DEMANDS, OR LOSSES, INCLUDING EXPENSES OF LITIGATION (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) INCURRED BY GRANTEE, INCLUDING ANY VERDICTS OR JUDGMENTS OR AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM ARISING OUT OF, OR IN CONNECTION WITH THIS CONTRACT. ANY ATTORNEYS RETAINED BY GRANTEE TO REPRESENT ANY INTEREST OF THE GLO MUST BE APPROVED BY THE GLO AND BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL. ANY ATTORNEYS RETAINED BY THE GLO TO REPRESENT THE INTEREST OF GRANTEE MUST BE APPROVED BY GRANTEE. 8.03 INSURANCE AND BOND REQUIREMENTS (a) Unless Grantee is authorized pursuant to Chapter 2259 of the Texas Government Code, entitled "Self- Insurance by Governmental Units," to self - insure, Grantee shall carry insurance for the duration of this Contract in types and amounts necessary and appropriate for the Project. GLO Contract No. 13- 339 - 000 -7653 • • e 0 00 0 Page 15of21 0 0 0 00 o v4_42712 ^ 0 00 0 00 e o u 000 o 000 (b) Grantee 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. Any person or entity required to obtain insurance under this Section must also he required to complete and file the declaration pages from the insurance policies Nvith Grantee whenever a previously identified policy period expires during the tern of Grantee's contract with the person or entity, as proof of continuing_ coverage. Grantee's contract with any such person or entity shall clearly state that acceptance of the insurance policy declaration pages by the Grantee shall not relieve or decrease the liability of thc person or entity. Persons or entities shall he required to update all expired policies prior to Grantee's acceptance of an invoice for monthly payment from such parties. (c) Grantee shall require performance and payment bonds to the extent they are required under Chapter 2257 oldie 'Texas Government Code. (d) Grantee shall require, on all construction projects, that any person or entity required to provide Federal Construction Assurances shall timely complete SF- 424D, entitled "Assurances — Construction Programs," and Grantee shall maintain such documentation. 8.04 ASSIGNMENT AN.0 SUBCONTRACTS Grantee shall not convey any grant oblivations or duties under this Contract without the prior written consent. of the GM. Notwithstanding this provision, it is mutually understood and agreed that Grantee may subcontract with others for some or all of the services to be performed. In any approved subcontracts, Grantee shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties. requirements, and obligations of Grantee as specified in this Contract. Nothing in this Contract shall be construed to relieve Grantee of the responsibility for ensuring that the goods delivered and/or the services rendered by Grantee and /or any of its subcontractors comply with all the terms and provisions of this Contract. 8.05 PROCUREMENT Grantee must follow all federal. state. and local procurement. procedures and laws applicable to this Project, and must confirm that no vendor is debarred from receiving state or federal funds at each of the following web addresses: The Texas Comptroller's Vendor Perlbrmance Program at: http :f/ 'iv w.windoww.slate.tx.us/ procurement /prong /vendorJ7crtbnnance; and the Federal General Services Administration's Excluded Parties List System at: https://www.epls.uov/. 8.06 PARCH %SES AND EQUIPMENT Grantee shall not seek reimbursement for any Equipment or computer software not included as a reimbursable item in Attachment R. Any purchase of equipment or (:1.0 Contract No. 13-3394W-7653 • • • Page 16 of 21 ••• • • +4_42712 , . - • ••. • ••a computer software shall be made in accordance with all applicable laws, regulations, and rules including, but not limited to those listed in Attachment C. Title and possession of any Equipment or computer software will remain the property of Grantee unless and until transferred to the GLO, upon written request of the GLO. Grantee shall furnish, with its final request for reimbursement, a list of all Equipment and computer software purchased with grant funds under the Contract, including the name of the manufacturer, the model number, and the serial number. The disposition of any Equipment or computer software shall be in accordance with all applicable laws, regulations, and rules, including but not limited to those listed in Attachment C. 8.07 COMMUNICATION WITH THIRD PARTIES The GLO and the authorities named in ARTICLE 7, above, shall have the right to initiate communications with any subcontractor, and may request access to any books, documents, papers, and records of a subcontractor which are directly pertinent to this grant. Such communications may be required to conduct audits and examinations and gather additional information as provided in ARTICLE 7 herein. 8.08 RELATIONSHIP OF THE PARTIES Grantee is associated with the GLO only for the purposes and to the extent specified in this Contract and, with respect to Grantee's performance pursuant to this Contract, Grantee 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 shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer - employee or principal- agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or any other party. 8.09 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Grantee shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to, those listed in Attachments C, D, E, and F. Grantee shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract. Grantee will be deemed to have knowledge of these laws and regulations and be deemed to understand them. In addition, the GLO and Grantee mutually certify to that each party is in compliance with Notice of Allocations and Common Application and Reporting Waivers Granted to and Alternative Requirements for Community Development Block Grant (CDBG) Disaster Recovery Grantees Under 2008 Supplemental CDBG Appropriations 74 Fed. Reg. 7244 -7255 (2009). 8.10 CITIZEN PARTICIPATION (a) Grantee must have written procedures to respond to written complaints within fifteen (15) business days of receipt of such complaint. Citizens must be made aware of the location and the days and hours the location is open for business so they may obtain a copy of these written procedures. GLO Contract No. 13- 339 - 000 -7653 0 0.0 00 Page 17of21 0,• o , ° oo 0 :•� v4 42712 0 0 0 0 000 0 000 • (b) When requested, Grantee shall provide technical assistance to a representative of a group of persons of low- and moderate - income in developing proposals for the use of CDBG -DR funds. The level and type of assistance shall be determined by the Grantee based upon the specific needs of the community's residents. (c) Grantee shall maintain a citizen participation file which includes a copy of the Plan Requirements described in the "2008 Supplemental Disaster Recovery Fund: Hurricanes Dolly and Ike Non - Housing Activities Application Guide;" Grantee's complaint procedures; any technical assistance provided by Grantee; and public notices, minutes, and attendance lists for public hearings, if any. 8.11 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, 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, Mail Code 158 Austin, TX 78701 Attention: Legal Services Division With a copy to: Texas General Land Office 1700 N. Congress Avenue, 7 Floor Austin, TX 78701 Attention: CDBG Disaster Recovery Division Grantee City of Port Arthur P.O. Box 1089 Port Arthur, TX 77640 Attention: Floyd T. Johnson, City Manager Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 8.12 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. Grantee irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction with respect to this Contract or any document related hereto. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. GLO Contract No. 13- 339 - 000 -7653 0 000 ° ° ° ao Page 18of21 a a 0 ,e v4_42712 0 ° 0 000 0 eoe 0 8.13 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist, and the non- enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 8.14 DISPUTE RESOLUTION If a Contract dispute arises that cannot be resolved to the satisfaction of the Parties, either Party may notify the other Party in writing of the dispute. If the Parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the Parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision shall not apply to any matter with respect to which either Party may make a decision within its respective sole discretion. 8.15 PUBLIC INFORMATION Pursuant to the Public Information Act, records received from Grantee may be open to public inspection and copying. The GLO will have the duty to disclose such records, unless a particular record is made confidential by law or exempted from the Public Information Act. Grantee may clearly label any individual records as a "trade secret," provided that Grantee, to the extent permitted by law, agrees to indemnify and defend the GLO for honoring such designation. The failure to so label any record shall constitute a complete waiver of any and all claims for damages caused by release of the records. If a request for a labeled record is received by the GLO, the GLO will notify Grantee of the request in accordance with the Public Information Act. Grantee shall release, to any requestor, the following information: The amount of CDBG -DR funds expected to be made available; - The range of activities that may be undertaken with CDBG -DR funds; The estimated amount of CDBG -DR funds proposed to be used for activities that will meet the national objective of benefit to low- and moderate - income persons; and The proposed CDBG -DR activities likely to result in displacement and the Grantee's anti - displacement and relocation plan. 8.16 SIGNAGE Public buildings, facilities, and centers constructed with the CDBG -DR funds shall have permanent signage placed in a prominent, visible public area with wording provided below. The formatting of the required signage will be at Grantee's discretion to best fit the architectural design of the facility, but shall be legible from no less than three (3) feet. Other construction projects, e.g., water transmission lines, sewer collection lines, drainage, roadways, housing rehabilitation, utilizing CDBG -DR funds, shall have GLO Contract No. 13- 339 -000 -7653 ° ° 9° 09 ° Page 19 of 21 ° °• o ° ° °O ° 0 0 v442712 s o ° ° o•• • oe• • temporary signage erected in a prominent location at the Project site or along a major thoroughfare within the locality, as directed by Grantee, with the wording provided below: "This project is funded by the Texas General Land Office to provide for disaster recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes. Funds for the project were allocated by the United States Department of Housing and Urban Development through the Community Development Block Grant Disaster Recovery Program." 8.17 AMENDMENTS TO THE CONTRACT Amendments to decrease or increase the Budget, or to add or delete a Grantee Activity, or to increase the term of the Contract may be made only by written agreement of the parties, under the formal amendment process. In the sole discretion of the GLO, and in conformance with federal law, other adjustments as may be required during project performance may be approved by the GLO by way of a Revision or Technical Guidance Letter. Such approvals must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Pursuant to SECTION 2.04 hereof, a final Project Completion Report of all activities performed under this Contract shall be submitted and shall include all changes made by Amendments, Revisions or Technical Guidance Letters approved over the life of the Project. 8.18 ENTIRE CONTRACT AND MODIFICATIONS This Contract, its integrated Attachment(s), and any Amendment, Technical Guidance Letter, or Revision 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 that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in such Attachment(s), Amendment, Technical Guidance Letter, or Revision shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment, Amendment, 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 terms of this Contract. 8.19 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. Grantee acknowledges that this Contract is effective for the period of time specified in the Contract. Any work performed by Grantee after the Contract terminates is performed at the sole risk of Grantee. 8.20 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. GLO Contract No. 13- 339 -000 -7653 ° ° ^ ° ° ° Page 20 of 21 0 ° o 0 ° ° ° v4 42712 • ° • o ° ° o e o e 000 • ••• ° 8.21 SURVIVAL The provisions of ARTICLES 5, 6, AND 7; AND SECTIONS 1.01, 1.03, 2.04, 2.05, 3.02, 3.04, 8.02, 8.03, 8.07, 8.08, 8.09, 8.10, 8.11, 8.13, 8.14, 8.15, 8.16, AND 8.17 of this Contract, and any other continuing obligations of Grantee shall survive the termination or expiration of this Contract. SIGNATURE PAGE FOLLOWS GLO Contract No. 13- 339 - 000 -7653 • •.• ° 0 • Page 21 of 21 ° • • • ° 000 v4_42712 O• • 00 0 0 ■.0 o oao o SIGNATURE PAGE F012 G1,0 CONTRACT No. 13-339-000-7653 C RANTEE - ROUND 2.2 GENERAL LAND OFFICE CEIN OF PORT ARTUUR *Lar' Laine. Chief Clerk/ Deputy Land Commissioner Title: Date of execution: 57, , Date ofesecution: 1, . N7 DIV 1;-- G C GC ATTACHMENTS To Ti is CONTRACT ATTACHMENT A: Performance Statement and implementation Schedule ATTACHMENT 13: Project Budget ATTACHMENT C: Nonexclusive List of Applicable Laws, Rules. and Regulations ATTACHMENT D: General Affirmations ATTACHNI ENT E: Federal Assurances — Non-Construction Programs SF-424B (Rev. 7-97.) and Certifications Regarding Lobbying Lower Tier Covered Transactions (Form CD-512, Rev. 12-04) ATTACHMENT F: Special 'Conditions ATTACHMENTS FOLLOW •• • • • • • • • • ■ • ••• • Attachment A GLO Contract No. 13-339-000-7653 Page 1 of 12 City of Port Arthur Grantee shall carry out the following activities in the target area identified in its 2008 Texas CDBG Disaster Recovery Supplemental Grant application to aid areas most impacted and distressed by Hurricanes Ike or Dolly. The persons to benefit from the activities described in this Performance Statement must be receiving service or a benefit from the use of the new or improved facilities and activities for the contract obligations to be fulfilled. Grantee shall ensure that the amount of funds expended for each activity described does not exceed the amount specified for such activity in the Budget. As a result of Hurricane Ike on September 13, 2008 the City's two elevated water storage tanks failed to function due to structural damage caused by the storm. The failure of these storage tanks to function threatened the public health, safety, and welfare of all served by these facilities due to the Iack of a potable water supply and adequate pressure for fire protection services. The City is in need of new water storage tank to replace the existing water tanks to provide a reliable potable water supply. Also, the City streets were damaged by heavy vehicles during debris removal, utility repair, and relief efforts that caused the roads to fail to function as the primary access for the area. The failure of the roads to function threatens the public health, safety and welfare of all served by these roads due to uneven roadway surfaces and impeded emergency vehicle access. The City is in need of infrastructure improvements, including road reconstruction, to ensure roadway function. Also, the City sustained flooding that resulted in drainage and roadway infrastructure failure. The existing storm sewer /drainage system infrastructure failed to function because the current system was unable to convey the volume of water generated during Hurricane Ike. The failure of the drainage system to function threatened the public health, safety and welfare of all served by these facilities due to flooding of several City streets. The City is in need of roadway improvements and adequately -sized drainage infrastructure to reduce flooding and ensure roadway function. In addition, several commercial buildings were damaged due to the storm and became structurally unsound. The buildings threaten the public health, safety, and welfare of local residents due to the structural instability of the buildings. The City is in need of removing these buildings and clearing the sites of debris. Water Facilities -1 a Water Standpipe/Elevated Storage Tank Grantee shall purchase and install a centrally located 2.5 million gallon elevated water storage tank and a new waterline to tie into the existing water distribution system. The new water storage tank will provide the City with a reliable potable water supply, as well as water for fire protection. Construction shall take place at the following locations in Port Arthur, Texas: Water Facilities: Location: HUD Performance Approximate Measure: Units: Elevated Storage Tank Northeast comer of Jade Avenue and Public Facility 1 H 0 Mills Highway (Hwy 73) Waterline From: Garnet Avenue and 61 Street Linear Feet 6,000 To: Jade Avenue and H 0 Mills Highway (Hwy 73) These activities shall benefit six hundred forty -two (642) persons, of which three hundred thirty-five (335), or fifty -two percent (52 %), are of low to moderate income. e ee e 000 a 000 O 0 0 0 0 0 0 0 0 00 0 e 0 0 e ° 0•• •00 Attachment A GLO Contract No. 13439-000-7653 Page 2 of 12 Street Improvements -4 Bluebonnet Avenue - Gilham Circle to 19th Street Grantee shall reconstruct the existing roadway to its original width, including furnishing and installing lime stabilized sub - grade, Hot Mix Asphaltic Concrete (HMAC), concrete pavement, concrete curb and gutter, new storm sewer pipe, catch basins, junction boxes, provide other associated appurtenances, and perform site work associated with construction. Proposed improvements will restore and ensure the function of the road for primary access and emergency vehicle use. Construction shall take place along the following roadway in Port Arthur, Texas: Street Improvements: Location: HUD Performance Approximate Units: Measure: On: Bluebonnet Avenue From: Gilham Circle Linear Feet 5,440 To: 19th Street These activities shall benefit two thousand six hundred fifty -five (2,655) persons, of which one thousand seven hundred eighty -five (1,785), or sixty -seven percent (67 %), are of low to moderate income. West Rev. Dr. Ransom Howard Street (7th Street) Grantee shall remove existing asphalt pavement down to the existing concrete roadway and overlay with new hot -mix asphaltic concrete, including furnishing and installing, HMAC, concrete pavement repairs, concrete curb and gutter repairs, provide other associated appurtenances, and perform site work associated with construction. City forces to coordinate with contractor in performing the HMAC placement and milling operations. Proposed improvements will restore and ensure the function of the road for primary access and emergency vehicle use. Construction shall take place along the following roadway in Port Arthur, Texas: Street Improvements: Location: HUD Performance Approximate Measure: Units: On: W. Rev. Dr. Ransom From: MLK Linear Feet 2,950 Howard Street To: Abe Lincoln Avenue These activities shall benefit nine hundred forty -one (941) persons, of which six hundred eighty-seven (687), or seventy-three percent (73 %), are of low to moderate income. 19th Street - Stilwell Blvd. to Bluebonnet Avenue Grantee shall reconstruct the existing roadway to its original width, including fumishing and installing lime stabilized sub - grade, HMAC surface, provide other associated appurtenances, and perform site work associated with construction. City forces to coordinate with contractor in performing the HMAC placement operations. Proposed improvements will restore and ensure the function of the road for primary access and emergency vehicle use. Construction shall take place along the following roadway in Port Arthur, Texas: Street Improvements: Location: HUD Performance Approximate Measure: Units: On: 19th Street From: Stilwell Boulevard Linear Feet 5,065 To: Bluebonnet Avenue These activities shall benefit two thousand five hundred sixty (2,560) persons, of which one thousand six hundred forty -five (1,645), or sixty-four percent (64 %), are of low to moderate income. e 000 00 0 00 p e u 0 0 , O 0 . 00 0 0 0 . O O 0•0 0 ... Attachment A GLO Contract No. 13-339-000-7653 Page 3 of 12 West 8th Street - Foley Avenue to Joe Louis Avenue Grantee shall reconstruct the existing roadway to its original width, including furnishing and installing lime stabilized sub - grade, HMAC surface, provide other associated appurtenances, and perform site work associated with construction. City forces to coordinate with contractor in performing the HMAC placement operations. Proposed improvements will restore and ensure the function of the road for primary access and emergency vehicle use. Construction shall take place along the following roadway in Port Arthur, Texas: Street Improvements: Location: HUD Performance Approximate Measure: Units: On: West 8th Street From: Foley Avenue Linear Feet 4,700 • To: Joe Louis Avenue These activities shall benefit nine hundred forty -one (941) persons, of which six hundred eighty -seven (687), or seventy-three percent (73 %), are of low to moderate income. Flood and Drainage Facilities -5 Grantee shall construct new underground drainage structures and replace the existing undersized storm pipes with new, larger, reinforced concrete storm pipe ranging in size from eighteen to fifty -four inches (18 in. - 54 in.). Grantee shall also install new catch basins and junction boxes, and provide other associated appurtenances. In addition, grantee shall reconstruct the existing roadways including installing HMAC or concrete pavement surface, install curb and gutter, mill and overlay portions of the existing roadway, apply limestone for base stabilization, provide other associated appurtenances, and perform site work associated with construction. Proposed improvements will significantly increase the capacity of the drainage system and reduce flooding, and restore and ensure the function of the streets for primary access and emergency vehicle use. Construction shall take place along the following roadways in Port Arthur, Texas: Flood and Drainage Location: HUD Performance Approximate Facilities: Measure: Units: On: Rev. Dr. Ransom From: DeQueen Boulevard Linear Feet 1,550 Howard Street (7` Street) To: Woodworth Boulevard On: Procter Street From: Lake Charles Avenue Linear Feet 1,550 To: Stilwell Boulevard On: Woodworth From: 7th Street Linear Feet 1,900 Boulevard To: Thomas Boulevard Clearance Demolition Activities -20 Clearance/Demol ition Grantee shall demolish and clear existing commercial buildings. Grantee shall also demolish an existing water plant. Proposed demolition activities will eliminate hazardous conditions and prevent further deterioration and structural damage to the existing buildings. Proposed demolition activities shall take place at the following locations in Port Arthur, Texas: • ° 000 pO ° O•• • • ° ° • • • • • • • •• • • • • C 00 ••• ••O Attachment A GLO Contract No. 13339 -000 -7663 Page 4 of 12 Clearance Demolition Location: HUD Performance Approximate Activities: Measure: Units: 424 E. Procter Street 424 E. Procter Street Public Facility 1 436 E. Procter Street 436 E. Procter Street Public Facility 1 428 E. Procter Street 428 E. Procter Street Public Facility 1 4445 -4449 Procter Street 4445 -4449 Procter Street Public Facility 1 6427 Procter Street Ext. 6427 Procter Street Ext. Public Facility 1 435 Procter Street 435 Procter Street Public Facility 1 2349 Procter Street 2349 Procter Street Public Facility 1 3121 Procter Street 3121 Procter Street Public Facility 1 443 E. Procter Street 443 E. Procter Street Public Facility 1 445 East Thomas Boulevard 445 East Thomas Boulevard Public Facility 1 1401 East 19th Street 1401 East 19th Street Public Facility 1 7700 Highway 87 7700 Highway 87 Public Facility 1 701 -709 E. Procter Street 701 -709 E. Procter Street Public Facility 1 733 E. Procter Street 733 E. 725 Procter Street Public Facility 1 625 E. Procter Street 625 E. Procter Street Public Facility 1 540 -548 E. Rev. Dr. Ransom 540 -548 E. Rev. Dr. Ransom Public Facility 1 Howard Street (7` Street) Howard Street (7 Street) 1048 E. Procter Street 1048 E. Procter Street Public Facility 1 1101 E. Procter Street 1101 E. Procter Street Public Facility 1 949 E. Rev. Dr. Ransom Howard 949 E. Rev. Dr. Ransom Public Facility 1 Street (7 Street Howard Street (7 Street) 444 E. Procter Street 444 E. Procter Street Public Facility 1 3225 Gulfway Drive 3225 Gulfway Drive Public Facility 1 00 ° 0 000 ° ° 0 ° 000 °° ° ° o c ° • Attachment A GLO Contract No. 13- 339 -000 -7653 Page 5 of 12 Clearance Demolition Location: HUD Performance Approximate Activities: Measure: Units: 733 Stadium Road 733 Stadium Road Public Facility 1 Grantee shall construct new underground drainage structures and replace the existing undersized storm pipes with new, larger, reinforced concrete storm pipe ranging in size from eighteen inches to fifty -four inches (18 in. - 54 in.). Grantee shall also install new catch basins and junction boxes, and provide other associated appurtenances. In addition, grantee shall reconstruct the existing roadways including installing HMAC or concrete pavement surface, install curb and gutter, mill and overlay portions of the existing roadway, with limestone flexible base and /or lime stabilized base , provide other associated appurtenances, and perform site work associated with construction. City forces to perform full scope of this project. Proposed improvements will significantly increase the capacity of the drainage system an d reduce flooding, and restore and ensure the function of the streets for primary access and emergency vehicle use. Construction shall take place along the following roadways in Port Arthur, Texas: Flood and Drainage Facilities: Location: HUD Performance Approximate Measure: Units: On: Vicksburg Avenue From: Thomas Boulevard Linear Feet 1,525 To: 8th Street These activities shall benefit fifty -seven thousand twenty-three (57,023) persons, of which thirty-one thousand six hundred eighty-five (31,685), or fifty -five percent (55 %), are of low to moderate income. Clearance Demolition Activities -20 Grantee shall demolish and clear existing commercial buildings. Grantee shall also demolish an existing water plant. Proposed demolition activities will eliminate hazardous conditions and prevent further deterioration and structural damage to the existing buildings. Proposed demolition activities shall take place at the following location in Port Arthur, Texas: These activities shall benefit fifty -seven thousand twenty-three (57,023) persons, of which thirty-one thousand six hundred eighty-five (31,685), or fifty -five percent (55 %), are of low to moderate income. Engineering -30 Grantee shall ensure the amount of the funds expended for all eligible project - related engineering services, including preliminary and final design plans and specifications, all interim and final inspections, and all special services, does not exceed the amount specified for Engineering in the Budget. Project Delivery - 33 Grantee shall ensure the amount of the funds expended for all eligible project - related "project delivery" administration activities, including the required annual program compliance and fiscal audit, does not exceed the amount specified for Project Delivery in the Budget. Planning/Project Delivery (Environmental) -35 Grantee shall ensure the amount of the funds expended for all eligible project - related "project delivery" environmental activities does not exceed the amount specified for Environmental in the Budget. • ° ° ° ° 000 ° ° ° 0 0 0 O a 00 ° •° Attachment A GLO Contract No. 13-339-000-7653 Page 6 of 12 Cs.1 01 Ca .2 0. 171 a) co ..., C al E Li c cal, CM V 0 CX a - - C - L 0 CX 0 .2;) .......................... 471 CJ Ki - ttl -c 2 c r- -c) C: C V) A.,-. +. • (0 ..". . C X > 0 _ - •cr --• 0 ..-- - 0 0 ---• 0 ... . 0/ 0 0 o C13 ea .— .-.:.-. — .. di c 0 Vi E. 0 E 11.1 c.a C 5 co 0 y "V 01 1101 E z 10 r4 '•• "t71 - . . 0 tu co 0 k z = _ w .121 u .... . 10 "2 - Ts ,... 6 , Mill a) o c) 0 -", •- 0 . Id) , .c - = ca ....— 4.) CI C0 .... ..1.1 0 40 • 1 0 03 C› 03 CI C) a ,i- .,— co co 141 o --•-.; — •-- — 0) *, 40 KO o -5 C Nr c4 cq cq 4.0 , 40 RS 10 C1' - 4) 0 0 01 GU - 0 :...= .c. 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(-) v. r...1 ■-) sr 4 - ) .4 t . . , . . , 1 • 5 . • • -. • 1 Attachment A GLO Contrast No. 13-339400-7653 Page 12 of 12 M .c at. 0 s N. E < . c ,„, t a ...i... .... LO CN) 4:14 - Ca 0 •J ,-- et C4 : CI en cli c•J _,= - 0 > 0 eL 0. 9 G cn 0 — 0 0 ••• C - - - 1. :.:,.. r- ti CZ UT (7 4) < c 0 c ,..... CV 0 ..= ...., -,• - e, E .5 C 0 9! co ri. _ < 1 2 cn c 0 4;0 .., '...7.. .5, 0 O C ...6 w E .= 4) p :-..„. cn. ..._ .- 0 '-' C0 e ■-• la a.) w n ...c .:.. - „.., 4 - on 0 8 c$ a) - o to (0 c) (0 (.0 0") c) %— C•4 04 CV .n _ el 0 7-7! 40 M e 0 0 0 , .T 1E ›, - c 01 is 0 a) (r-, ,0-, - T.) -0 - a) 0.1 a) .1:3 - 4) 4) - 4= -z-z -6 co , 5::1 c,0 Ti rn tn .2 • .... t- t.... IV - 4"; 4 : 0 ‘... a) a) la c) — E co ..:) c tn to _. a) a) el _ 0 > _ _ 0 1 to 5 iv R.; 4 ea I. 2 0.) E TA - a) • ...' C 44 E .c . 1 - 3 - ro9 a) on o .._ - al GO •- ea ....- 0 - 0 CL >. u 0 T •..., , = 0 Ca 2 C c c C C O a) -,. •-• 4 — 4- .. 0 7.. 0 0 C - E - *E. ..... .-. •= - 0 ..0. 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C O 2 w < - 0 3 Ca o ci < W t-1 LUW W <CD , -.0< xi < 0 0 - _ , .. 1 • • 6 - • 5 • • Attachment F3 G1-0 Contract No. 13-339-000-7653 Page oil City of Port Arthur Grant Funds, to :Service HUD Grant Funds Other Total Categories Providers Activity to Grantee Funds Funds Contracted bv GLO la Water Facilities S2.579.788 SO SO S2.579.788 4 Street Improvements S2.304.201 SO SO $2.304,201 5 Flood and Draina!lie Facilities S2.810.927 80 SO $2.810.927 20 Clearance Demolition Activities S1.415.000 SO SO 81,415_000 30 Eniii neerin2/Architeetural Services SO 8948.890 SO S948,890 33 Project Delivery 893.471 $1 14.500 SO 8207,971 35 Environmental SO $35.000 SO $35,000 Total 89.203.387' $1.098.390' SO 510,301.777 'Total Grant Funds 810,301,777 • • • • •• • • 414* , Attachment C Nonexclusive List of Laws, Rules, and Regulations Page 1 of 5 NONEXCLUSIVE LIST OF APPLICABLE LAWS, RULES, AND REGULATIONS If applicable to the Project, Grantee must be in compliance with the following laws, rules, and regulations; and any other state, federal, or local laws, rules, and regulations as may become applicable throughout the term of the Contract, and Grantee acknowledges that this list may not include all such applicable laws, rules, and regulations. Grantee and is deemed to have read and understands the requirements of each of the following, if applicable to the Project under this Contract: GENERALLY The Act and Regulations specified in SECTION 1.03 of this Contract; Consolidated Security, Disaster Assistance, and Continuing Appropriation Act (Public Law 110 -329); Cash Management Improvement Act regulations (31 C.F.R. Part 205); Community Development Block Grants (24 C.F.R. Part 570); Disaster Recovery Implementation Manual; Plan for Disaster Recovery; Guidance Documents: 2008 Supplemental Disaster Recovery Fund: Hurricanes Dolly and Ike; and Non - Housing Activities Application Guide, issued by the Texas Department of Housing and Community Affairs 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 Grantee 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.); O 000 00 0 O 0 0 0 o o 0 040 O e 0 . 0 0 0 0 e 00 0 0 0410 0 0.0 • Attachment C Nonexclusive List of Laws, Rules, and Regulations Page 2 of 5 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 Housing and Urban Development ", 24 C.F.R. Part 8. By signing this Contract, Grantee 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 (40 U.S.C. 276a - 276a -5): 29 C.F.R. Part 5; The Copeland "Anti- Kickback" Act (18 U.S.C. 874): 41 C.F.R. Part 3; Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. § 327A and 330); 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); 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. §§ 135.3(a)(2) and (a)(3); 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); GRANT AND AUDIT STANDARDS Single Audit Act Amendments of 1996, 31 U.S.C. § 7501; Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - profit Organizations (24 C.F.R. Part 84); Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 C.F.R. Part 85); OMB Circular A -87 (Cost Principles for State, Local, and Indian Tribal Governments); OMB Circular A -133 — Revised as of June 27, 2007 (Audits of States, Local Governments, and Non - Profit Organizations); • ° ee • • °O • e e e 000 • ° e ° e e • e • ° • C e ° ° • • • • 000 `s4stsvi *of Attachment C Nonexclusive List of Laws, Rules, and Regulations Page 3 of 5 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; 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), except as provided in §58.17 for Section 17 projects; 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); Federal historic preservation regulations as follows: 36 C.F.R. part 800 with respect to HUD programs; 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); 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, May 24, 1977 (42 FR 26951), 3 CFR, 1977 Comp., p. 117, as interpreted in HUD regulations at 24 C.F.R. part 55, particularly Section 2(a) of the Order (For an explanation of the relationship between the decision - making process in 24 C.F.R. part 55 and this part, see § 55.10.); Executive Order 11990, Protection of Wetlands, May 24,1977 (42 FR 26961), 3 C.F.R., 1977 Comp., p. 121 particularly Sections 2 and 5; 0 000 00 O 0 0 0 000 O 0 ° 0 0 0 0 O 0 O 00 000 0 000 0 Attachment C Nonexclusive List of Laws, Rules, and Regulations Page 4 of 5 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); 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 1540(b) and 1541 (7 U.S.C. 4201(b) and 4202); Farmland Protection Policy (Department of Agriculture-7 C.F.R. part 658); Y P g P 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). 0 0 000 p ° ° 0 • 000 ° a 0 ° ° e ° e pO 0 °°e 000 • Attachment C Nonexclusive List of Laws, Rules, and Regulations Page 5 of 5 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 CFR, 1994 Comp. p. 859. OTHER REQUIREMENTS Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities (24 C.F.R. Part 58); ACQUISITION / RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of I970 (42 U.S.C. 4601 et seq.), 24 C.F.R. Part 42, and 24 C.F.R. Section 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). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK O 000 00 e o o e 000 e e e 0 G 0 O e 0 e O e e ee 0oe 0 00o Attachment D General Affirmations Page l of 2 GENERAL AFFIRMATIONS Grantee agrees without exception to the following affirmations: The Grantee has not given, offered to give, nor intends to give at anytime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract. 2. Pursuant to Title 10, Section 2155.004 of the Texas Government Code, the Grantee has not received compensation from the GLO for preparing any part of this Contract. 3. Under Section 231.006, 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. Any Grantee subject to this section must include names and Social Security numbers of each person with at least twenty -five percent (25 %) ownership in the business entity named in this Contract. This information must be provided prior to execution of any offer. 4. Grantee certifies that the individual or business entity named in this Contract: i) has not been subjected to suspension, debarment, or similar ineligibility to receive the specified contract as determined by any federal, state, or local governmental entity; ii) is in compliance with the State of Texas statutes and rules relating to procurement; and iii) is not listed on the federal government's terrorism watch list as described in executive order 13224. Entities ineligible for federal procurement are listed at http: / /www.epls.gov. Grantee acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. 5. Grantee agrees that any payments due under this Contract will be applied towards any debt, including, but not limited to, delinquent taxes and child support that is owed to the State of Texas. 6. Grantee certifies that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003, relating to contracting with the executive head of a state agency. If this section applies, Grantee will complete the following information in order for the bid to be evaluated: Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Grantee: Date of Employment with Grantee: 7. Grantee agrees to comply with Texas Government Code, Title 10, Subtitle D, Section 2155.4-441, relating to the purchase of products produced in the State of Texas under service contracts. eso 0. O 0 0 000 0 Q 0 000 0 0 0 0 e 00 000 0 •00 a 1/44 `4410 Attachment D General Affirmations Page 2 of 2 8. Grantee understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office, or its successor, in conducting the audit or investigation, including providing all records requested. Grantee will ensure that this clause is included in any subcontract it awards. 9. Grantee certifies that if it employs any former employee of the GLO, such employee will perform no work in connection with this Contract during the twelve (12) month period immediately following the employee's last date of employment at the GLO. 10. The Grantee shall not discriminate against any employee or applicant for employment because of race, disability, color, religion, sex, age, or national origin. The Grantee shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, sex, religion, age, disability, or national origin. Such action shall include, but is not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee agrees to post notices, which set forth the provisions of this non- discrimination article, in conspicuous places available to employees or applicants for employment. The Grantee shall include the above provisions in all subcontracts pertaining to the work. 11. Grantee understands that the GLO does not tolerate any type of fraud. The agency's policy is to promote 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. Grantees are expected to report any possible fraudulent or dishonest acts, waste, or abuse affecting any transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or tracey.h all@ glo.state.tx.us 12. Grantee must take steps to avoid or mitigate occurrences of fraud, abuse, and mismanagement, especially with respect to the financial management of the Contract and pronouncements made under this Contract, whether so directed by the GLO or at Grantee's initiative. Upon discovery of any alleged or suspected fraud, abuse of power, kickbacks, the embezzlement or loss of funds under this Contract, or the theft of any assets provided for under this Contract, the Grantee immediately shall notify the GLO and appropriate law enforcement authorities and cooperate in any investigation and enforcement action that follows. NOTE: Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the "Public Information Act," Chapter 552 of the Texas Government Code. ° °° ° 0 ° 0°O •o• 0 °°° Attachment 8 Federal Assurances Page 1 of 5 OMB Approval No. 0348 -0040 ASSURANCES - NON- CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources. gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973. as amended (29 U.S.C. §794), which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non - Federal share the Age Discrimination Act of 1975, as amended (42 of project cost) to ensure proper planning, management U.S.C. § §6101- 6107), which prohibits discrimination and completion of the project described in this on the basis of age; (e) the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (0 the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 (P.L. 91 -616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g) § §523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee- accepted accounting standards or agency directives. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the 3. Will establish safeguards to prohibit employees from Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination In the sale, presents the appearance of personal or organizational rental or financing of housing; (i) any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, (j) the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s) which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970 (42 U.S.C. § §4728 -4763) relating to prescribed requirements of Titles II and 111 of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91 -646) which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration (5 C.F.R. 900, Subpart F). whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply 6. Will comply with all Federal statutes relating to to all interests In real property acquired for project nondiscrimination. These include but are not limited to: purposes regardless of Federal participation in (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) purchases. which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education 8. Will comply, as applicable, with provisions of the Amendments of 1972, as amended (20 U.S.C. § §1681- Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) 1683, and 1685 - 1686), which prohibits discrimination on which limit the political activities of employees whose the basis of sex; (c) Section 504 of the Rehabilitation principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B (Rev. 7 -97) Authorized for Local Reproduction Prescribed by OMB Circular A -102 ° eee ee o e o e Goo ° • 0 0 ° a °O 0 000 • ••• • At %aclunenL E Federal Aesurancee Page 2 of 5 9. comply, as applicable, with the provisions of the Davis- 12. VII comply with the Wild and Scenic Rivers Act of Bacon Act (40 U.S.C, § §27 to 276a -7), the Copeland Act 1968 (16 U.S.C, § §1271 et seq.) related to protecting (40 U.S.C. §276c and 18 U.S,C. §874), and the Contract components or potential components of the national WW1( Hours and Safety Standards Act (40 U.S.C. § §327- wild and scenic rivers system. 333), regarding labor standards for federally- assisted construction subagreernents 13. MI assist the award :ng agency in assunng compliance with Secton 106 of the National Historic Preservation 10. Will comply, if applicable, with flood insurance purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 requirements of Section 102(a) of the Flood Disaster (identification and protection of historic properties), and Protection Act of 1973 (P.L. 93 -234) which requires the Archaeological and Historic Preservation Act of recipients in a special flood hazard area to participate in the 1974 (16 U.S.C. § §469a -1 et seq.). program and to purchase flood insurance if the total cost of insurable construction and acquisition Is 510,000 or more. 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research. development, and 11, comply with environmental' standards which may be related activities supported by this award of assistance. prescnbed pursuant to the following: (a) institution of environmental quality control measures under the National 15. Will comply with the Laboratory Animat Welfare Act of Environmental Policy Ad of 1969 (P.L. 91 -190) and 1966 (Pl. 89-544, as amended, 7 U.S.C. § §2131 et Executive Order (EO) 11514; (b) notification of violating seq.) pertaining to the care, handling, and treatment of facilities pursuant to EO 11738; (c) protection of v.etiands warm blooded animals held for research, teaching, or pursuant to EO 11990; (d) evaluation of flood hazards in other activities supported by this award of assistance. floodplairs In accordance with EO 11988; (e) assurance of protect consistency with the approved Stale rilanagement 16, Will comply with the Lead -Based Paint f otsoning program developed under the Coastal Zone Management Prevention Act (42 U.S.C. §§4801 el seq.) which Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of prohibits the use of lead -based paint in construction or Federal actions to State (Clean Air) Implementation Plans rehabilitation of residence structures. under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 e1 seq,); (g) protection of 17, Wit cause to be performed the required financial and underground sources of drinking water under the. Safe compliance audits In accordance with the Single Audit Drinking Water Act of 1974, as amended (Pl. 93-523): Act Amendments of 1996 and OMB Circular No, A -133, and, (h) protection of endangered species under the "Audits of States, Local Governments, and Non-Profit Endangered Species Act of 1973, as amended (P.L. 93- Organizations." 205), 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHO IZED -RTIFYING OFFICIAL TITLE APPLI ANT ORGA 'ZATION DATE SUBMITTED C, d Q . �- --17;41.5, 3 a$ t Standard Ferro 4239 (Rev, 7-971 Back THIS FORM MUST BE EXECUTED _ -..-, '- • Attachment E Federal Certifications Peon 3 of 5 FORM CO-512 is DEPARTMENT OF COMMLRGE fRI-N 17.04) CERTIFICATION REGARDING LOBBYING LONNT.R. TIER COVERED TRANSACTIONS . — — Applicants should review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, New Restrictions on Lobbying.' LOSSYING Statement for Loan Guarantees and Loan Insurance . As required by Sec:ion 1352, Tie 31 of the U.S. Code, and The undersigned states, to the best of his or her knowledge impfernented at 15 CFR Par 28, for persons enterfrog into a grant, and belief. that: cooperative agreement or contract over 5100,003 or a loan or loan guarantee over 5150.000 as defined at 15 CFR Part 28, Sections In any funds have been paid or will be paid to any person for 28.105 and 28.110, the applionnt CefIZCS that to the best of his or her influencing or attempting to influence an officer or employee knowledge and be$ef, that of any agency, a 1 of Congress, an officer or employee of Congress. or an employee of a Member of Congress in (1) No Federal appropriated funds ha...e been oat or wFl be paid, connection with this commitment providing for the United by or on behalf of the um:las:Tied. to any person for - sitioericing or r- otates to insuro or guarantee a loan, the undersigned shall attempting to influence an officer or employee of any agency, a complete and submit Standard Form-ILL. "Disclosure Form Member of Congress in connection with the awarding of any to Report Lobbying, in accordance with its instructions. Federal contract, the making of any Federal grant, the making of any Fedeoal loan, the entering into of any cooperative agreeloent, Submission of this statement is a prerequisite for making or I ( anC the extensIon, continuation, renewal, amendment, or entering into this transaction imposed by section 1352. tife modification of any Federal contract. grant, tan, or cooperative 31, U.S. Coda, Any person who fails to fife the required state . agreement. me lit shall be subject to a civil penalty of not less than 510,000 and not more than 5100.000 for each such failure occurring (2) If any funds other than Federal appropriated funds have been on or before October 23, 1996, and of not less than $11,000 pad or will be pat to any person for influencing or attempting to and not more than 5110,000 for each such failure occurring influence an officer or employee of any agency, a Member of after October 23, 1996. Congress, an after or employee of Congress, or an employee of a member of Corxorms in conneCion wtri this Federal contract, grant, ban, or cooperative agreement, the undersgned shal complete and submit Standard Form-LLL, °Disclosure Form to Repon Lobbying," in accordance with its instructions, (3) The undersigned shall require that the language of this cerlific.attn be nduded in the award documents for all subaiva its at all tiers (including subcontracts, subgrants. and contracts under grants, Loans, and cooperative agreements) and that alt 51,1bfeElPientS hall certify and disclose accatingty. This certification is a material representation of fact upon wh:ch reliance was ntacect when this trarS3ViOnwas made or entered into. Submission of this certification is a prerequisite for milking or entering into this transaction imposed by section 1352, Idle 31, U.S. Code.Any person who fails to re the required certificaCon shall be subject to a civil penalty of not less than 510,000 and not more than 5100.000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than 5110,000 for each such failure occurring a Ner October 23, 1996. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND;OR PROJECT NAME C.% e )--. YCIA--- PRINTED I ME AND TITLE 0 AUTHORIZED i7E.PRE;iENTATIVE i N ' 17:3 - Ao$ibiel C . '- 4.•■‘ i_.„11C SIGNATURE r . 4 0 . I .0 • h. - '...! V I '5 - ( THIS FORM MUST BE EXECUTE i 1 . • . - ' .. . . ' • : 44* ■ Attachment E Federal Certifications Page 4 of 5 e • 1 - • • :: ' • Ap proved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: C a. contract 1 a. bid /offer /application i — 1a. initial filing . b. grant - J b. initial award — b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name Prime ❑ Subawardee and Address of Prime: Tier , if known: Congressional District, if known: 4 c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name /Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): 11 , Information requested through INs ram is authorized by IiUe 31 U.S.C. section Sig nature: 1352. This disclbsura d lobbying activities Is a matenai representation of fact upon which rebaace was placed by the be above when this transaction was made Print Name: a entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for pubbc inspection. Any person who taus to file the required disclosure shall be subied to a dvu penally or not less than 610.000 and Title: not more than S100.000 for each such failure. Telephone No.: Date: • Federali�lse Onty �r }r = 1 c Authorized for Local Reproduction Standard Form LLL (Rev. 7 -97) THIS FORM SHOULD BE EXECUTED ONLY WHEN REPORTING LOBBYING ACTIVITIES UNDERTAKEN WITH GRANT FUNDS • • 000 00 ° e e 0 ° 000 0 0 e • ° • • a °O e•• 0 ••• • Attachment E Federal Certifications Page 5 of 5 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 agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress. an officer or employeeof Congress, or an employeeof 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. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriateclassification of this report. If this is a foliowup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee.e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgranls and contract awards under grants. 5. If the organization filing the report in item 4 checks ' Subawardeo "then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationaltevel below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action 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. 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 for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act 011995 engaged by the reporting entity identified in Item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. 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. 0348 -0046. 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 (0348- 0046), Washington, DC 20503. O 000 e0 0 0 0 0 000 0 a 000 0 0 e ••0 • 00 oeo Attachment F Special Conditions Page 1 of 5 SPECIAL CONDITIONS IF APPLICABLE TO THE PROJECT, GRANTEE MUST BE IN COMPLIANCE WITH THE FOLLOWING SPECIAL CONDITIONS AND ANY OTHER STATE, FEDERAL, OR LOCAL LAWS, RULES, AND REGULATIONS AS MAY BI: APPLICABLE, THROUGHOUT THE TERM OF THE CONTRACT, PRIOR TO THE RELEASE OF ANY GRANT FUNDS FOR THE PROJECTS ANTICIPATED. GRANTEE AND IS DEEMED TO HAVE READ AND TO UNDERSTAND THE REQUIREMENTS OF EACH OF THE FOLLOWING, IF APPLICABLE TO THE PROJECT UNDER THIS CONTRACT: A. REIMBURSEMENT, GENERALLY As provided for in Public Law 110 -329, 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 Grantee shall ensure compliance with all such requirements. B. NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE (I) Grantee must provide documentation which indicates that it has received approval from the Texas Water Development Board (TWDB), the National Flood Insurance Program (NFIP) State Coordinating Agency, that appropriate ordinances or orders necessary for Grantee to be eligible to participate in the NFIP have been adopted. (2) Where activities specified in Attachment A, Performance Statement, involve structures that are located in Special Flood Hazard Areas (SFHA), flood insurance may be required, and Grantee shall obtain such insurance, and shall maintain documentation evidencing compliance with such requirements. (3) Grantee acknowledges and agrees that if any property that is the subject of a Project under this Contract located within a floodplain, that 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 the Federal Emergency Management Act (FEMA) as having special flood hazards, unless: i. The community in which the area is situated is participating in the National Flood Insurance Program ( "NFIP ") (44 CFR parts 59 through 79), or less than one (1) year has passed since the FEMA notification regarding such hazards; and ii. The community is participating in the NFIP, or that flood insurance protection is to be obtained as a condition of the approval of financial assistance to the property owner. b. Where 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, Grantee is responsible for ensuring that flood insurance under the NFIP is obtained and maintained. O 000 00 ° ° ° ° a°° • °° ••• 0 °°° Attachment F Special Conditions Page 2 of 5 c. Under Section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C. 515a, 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, or replacement or restoration for flood damage to any personal, residential, or commercial property if: 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. Grantee understands and agrees that it has a responsibility to inform homeowners receiving disaster assistance that triggers the flood insurance purchase requirement of their statutory responsibility to notify any transferee of the requirement to obtain and maintain flood insurance, and that the transferring owner may be liable if he or she fails to do so. C. PROJECT MAPPING/DESIGN INFORMATION For construction projects, Grantee 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, Grantee shall provide certification to the GLO that plans, specifications, and related documents for the specified water system improvements have been prepared by the engineer selected for such activities, or the engineer's duly authorized representative, and that the review of such plans, specifications, and related documents meet the applicable Texas Commission on Environmental Quality (TCEQ) review requirements described in Title 30 of the Texas Administrative Code. (2) Prior to construction, Grantee shall provide documentation to the GLO 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 Grantee submission of the Project Completion Report for any water system improvements described in Attachment A, Grantee 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 30 Texas Administrative Code, Chapter 290 — Rules and Regulations for Public Water Systems. E. SEWER SYSTEM IMPROVEMENTS Prior to the construction of any sewer system improvements described, Grantee shall provide certification that plans, specifications, and related documents for the specified sewer system improvements have been prepared by the engineer selected for such activities, or the engineer's duly authorized representative, and that the review of such plans, specifications, and related documents meet the TCEQ review requirements described in 30 Texas Administrative Code, Chapter 217, Subchapter D. • ° ° °° p0 O • • ° 000 0 ° ° • e 0 • C ° °O C °° • ••• • 000 Attachment F Special Conditions Page 3 of 5 Further, prior to the construction of any sewer lines or additional service connections described in Attachment A, Grantee shall provide notification of the start of construction on any sewer treatment plant of other system - related improvements included in this Contract. F. WASTEWATER TREATMENT CONSTRUCTION Prior to incurring costs for any wastewater treatment construction in Attachment A, Grantee 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, Grantee shall provide documentation to the GLO that an approved new or amended Certificate of Convenience and Necessity (CCN), or equivalent permit or authority for the area to be served has been issued by the TCEQ. G. SEPTIC SYSTEM IMPROVEMENTS (1) Grantee shall provide documentation that final plans, specifications, and installation of its septic system improvements have been reviewed and approved by the City or County Health Department through authority granted by the TCEQ. (2) Grantee shall mitigate all existing septic systems in accordance with 30 Texas Administrative Code Chapter 285, Subchapter D, §285.36(b), which states, "All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall have the wastewater removed by a waste transporter, holding a current registration with the executive director. All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall be filled to ground level with fill material (less than three inches in diameter), which is free of organic and construction debris." (3) Prior to the selection of program recipients for proposed On -Site Sewer Facilities (OSSF), Grantee shall provide a copy of its proposed program guidelines for GLO review . All proposed OSSF programs must meet or exceed guidelines set forth in 30 Texas Administrative Code Chapter 285 Subchapter D. H. BUILDING CONSTRUCTION Grantee shall provide documentation that the construction of a new building and facilities are in compliance with the Texas Accessibility Standards (TAS) of the Architectural Barriers Act, Chapter 469, Texas Government Code, and the Texas Department of Licensing and Regulation (TDLR) Architectural Barriers Administrative Rules, 16 Texas Administrative Code, Part 4, Chapter 68. If the estimated construction costs exceed Fifty Thousand Dollars ($50,000.00), Construction Documents must be submitted to the Texas Department of Licensing and Regulation (TDLR) for an accessibility plan review. I. BRIDGE CONSTRUCTION/REHABILITATION Grantee 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, and documentation of such approval must be provided to the GLO. J. DISASTER SHELTERS Grantee shall ensure that the primary purpose of the facility, as described in Attachment A, is to serve as a disaster shelter, and shall ensure the facility is operated at all times in a manner that ensures that the 0 p 000 0 • 0 0 000 0 0 f 0 000 e e 0 e 00 0 O 000 0 000 Cowl `iikasto Attachment F Special Conditions Page 4 of 5 priority use is to serve as a disaster shelter regardless of any other scheduled uses or commitments that existed at the time of the disaster or emergency situation. In addition Grantee shall prepare or be incorporated into an approved emergency management plan, as prescribed by the Governor's Division of Emergency Management, identifying the shelter as a facility that provides short-term lodging for evacuees during and immediately after an emergency situation. Grantee shall submit a copy of Grantee's Emergency Management Plan Annex for Shelter and Mass Care to the GLO. K. DEBRIS REMOVAL Grantee 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 cost of removal. Prior to beginning debris collection operations, Grantee shall address all pertinent environmental concerns, adhere to all applicable regulations, and obtain all required permits. Further, Grantee shall adhere to the methods described herein for the collection and storage of debris prior to proper disposal. While 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). Grantee 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 http:// www. fema. gov/ pdf/ government/grant/pa/demagde.pdf. In order to maintain the life expectancy of landfills, Grantees 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 Grantee must notify the GLO of its issuance and sale of bonds for completion of the project funded under this Contract. M. HOUSING REHABILITATION ASSISTANCE PROGRAM GUIDELINES Prior to the selection of program recipients, Grantee shall provide a copy of its proposed housing rehabilitation assistance program guidelines for GLO review and approval. 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 CFR 35 (HUD lead -based paint regulation). HOUSING REHABILITATION OR RECONSTRUCTION ASSISTANCE: (1) The housing rehabilitation or reconstruction assistance provided by Grantee shall be in the form of a five -year deferred payment loan (DPL), at zero interest. Provided all terms and conditions under which the assistance was provided continue to be fulfilled, the DPL will be forgiven at a rate of 20 percent per year, effective on the anniversary date of completion of the Project, evidenced by the date of the Certificate of Final Completion or Final Completion Form. ° 000 00 0 ° 0 0 000 O e • °O °°° ° Attachment F Special Conditions Page 5 of 5 (2) The full amount of the assistance provided shall be secured by a fully executed promissory note and Deed of Trust (DOT) filed against the property and recorded in the land records of each applicable county. The DPL may be in a first position (no existing indebtedness) or in a second position, subject or inferior only to an existing first mortgage. (3) If the homeowner occupies the home for the full five -year term, the note expires and no repayment is 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 (30) day period during the five -year lien term, the repayment provisions of the promissory note and DOT shall be enforced. (4) If, during the five -year lien term, the homeowner vacates the unit for any consecutive thirty (30) day period, the locality may forgive, as evidenced by 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 the determination that the national objective of benefiting low to moderate - income persons was met. (5) The national objective will be considered met only when the city council or county commissioners court determines that a low to moderate - income person has occupied the rehabilitated or reconstructed home for a time sufficient to meet the national objective. Grantee is liable for repayment of an amount equal to the difference in the appraised value of the home prior to reconstruction and the sales price when the home is sold during the term of the five -year forgivable loan, if the national objective was not achieved. (6) If the property is sold or transferred to a person other than an eligible LMI person, the remaining pro -rated balance of the DPL must be repaid by the Grantee from the sales proceeds. Notwithstanding the preceding, Grantee shall be held liable for any balance remaining over and above the sales proceeds. In all instances, upon completion of the five - year occupancy or repayment of the assistance (in full or in part), the Grantee shall prepare and record a release of lien document in the land records of the applicable county. (7) In instances where another occupant proposes to occupy a previously assisted unit, the locality must document that the new applicant is income eligible and has been informed of the terms and conditions under which the assistance is being provided. The new homeowner(s) must acknowledge, in writing, that they have been informed of these terms and conditions and that they are subject to all of the provisions for the full remaining term of the DPL. N. COASTAL MANAGEMENT Grantee 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 31 Texas Administrative Code, Part 16, Chapter 501. 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