R-10-11-23-11D1 - 11/23/2010RESOLUTION NO. R -10-11-23-11D1
WHEREAS, the City of Round Rock has been awarded a grant under the Homeland Security
Grant Program Urban Area Security Initiative, and
WHEREAS, the City Council wishes to accept said grant funds in the amount of $645,000.00
to be used by the City for the purchase of an Incident Management Team Public Safety Command
Vehicle, and to fund an Emergency Planner position and equipment cache for the Capital Area Incident
Management Team, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City two 2010
Sub -Recipient Awards for a Homeland Security Grant, copies of same being attached hereto as
Exhibits "A" and "B", and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 23rd day of November, 2010.
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCClnts\0112\1005\MUNICIPAL\00207809.DOC/rmc
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
Texas Department of Public Safety
October 20, 2010
Mayor Alan McGraw
City of Round Rock
221 E. Main St.
Round Rock, TX 78664
2010 Sub -Recipient Award
for
City of Round Rock
2. Prepared by: Seals, Freddie
EXHIBIT
3. SAA Award Number: 10 -SR 63500-01
Federal Grant Title:
Homeland Security Grant Program (HSGP)
Urban Area Security Initiative (UASI)
Federal Grant Award Number:
2010 -SS -T0-0008
Date Federal Grant Awarded to TxDPS: August 1, 2010
Federal Granting Agency:
Department of Homeland Security
FEMA
Grant Programs Directorate
UASI-LETPA
Award Amount
(Federal)
CFDA: 97.008
$295, 000.00
Grant Period:
From:
Aug 1, 2010
To:
Jul 31, 2012
(The SAA must receive all invoices by the end of grant
period)
6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public
Law 111-83).
7. Method of Payment: Primary method is reimbursement.
8. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractors/vendors are not
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do
not appear in the Excluded Parties List System at http://www.epls.gov.2.8.9029.0
Approving TxDPS Official:
Janice E. Bruno, Administrator
State Administrative Agency
Texas Department of Public Safety
Signature of TxDPS OfficIal:
8040e.
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub-Redpient offidal:
Signature of Sub-Redpient Offidal:
11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number:
12. Date Signed :
13. DUE DATE:
December 4, 2010
Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date.
2010 TERMS AND CONDITIONS
Instructions:
The Sub -recipient must:
1. Fill in the contact information and sign the Sub -Recipient Award
2. Certify they have read and understand the Terns and Conditions by initialing the bottom of each page.
3. Fill in the contact information located on Page 4.
4. Certify to the statements provided in Exhibits A and B and C located at the back of this document by filling in contact information
and signing both exhibits.
5. Retum all documents to the SAA in accordance with the date provided in the transmittal letter and/or in the agreement.
Parties to Sub -recipient Agreement
This Sub -recipient Agreement (includes the Sub -recipient Award and the Terms and Conditions) is made and entered into by and between
the Department of Public Safety / State Administrative Agency, (DPS/SAA) an agency of the State of Texas, hereinafter referred to as
"DPS/SAA," and the funds recipient, hereinafter referred to as the "Sub -recipient." Furthermore, DPS/SAA and the Sub -recipient are
collectively hereinafter referred to as the "Parties." The Sub -recipient Agreement is only an offer until the Sub -recipient returns the signed
copy of the 2010 Sub -recipient Agreement in accordance with the date provided in the transmittal letter and/or in the agreement
Sub -recipient Agreement Award.
Sub -recipient must not assign or transfer any interest in this Sub -recipient Agreement without the express, prior written consent of the SAA.
Overview. and Performance Standards
All allocations and use of funds under this grant must be in accordance with the FY 2010 Guidelines and Application Kit for the
Federal Grant Title specified on the Sub -recipient Agreement Award. All award Sub -recipients are required to have read, understood
and accepted the FY 2010 Guidance and Application Kit as binding.
Standard of Performance. The Sub -recipient shall perform all activities and projects entered into the SAA web -based grants management
system approved by its Regional Planning Group / Urban Area Working Group and/or by the State Administrative Agency (SM) as
applicable. The Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this
Sub -recipient agreement, Terms and Conditions and the following Exhibits located at the end of this document:
1. Assurance — Non -Construction Programs, hereinafter referred to as 'Exhibit A"
2. Assurance — Construction Programs, hereinafter referred to as 'Exhibit B"
3. Certification, hereinafter referred to as 'Exhibit C"
Failure to Perform. In the event the Sub -recipient fails to implement the projects) entered into the SAA web -based grants management
system, or comply with any of this Sub -recipient agreement's provisions, in addition to the remedies specified in this Sub -recipient
agreement, the Sub -recipient is liable to DPS/SAA for an amount not to exceed the award amount of this Sub -recipient agreement and may
be barred from applying for or receiving additional DHS/FEMA grant program funds or any other federal program funds administered by
DPS/SAA until repayment to DPS/SAA is made and any other compliance or audit finding is satisfactorily resolved.
Initial Date
DPS/SAA Obligations
Measure of Liability. DPS/SAA shall not be liable to the Sub -recipient for any costs incurred by the Sub -recipient that are not allowable costs.
Sub -recipient Agreement Funds Defined and Limit of Liability. The term "Sub -recipient agreement funds" as used in this Sub -recipient
agreement means funds provided by DPS/SAA under the DHS/FEMA grant programs. The term "Sub -recipient's funds" or match funds as
used in this Sub -recipient agreement means funds provided by the Sub -recipient.
Notwithstanding any other provision of this Sub -recipient agreement, the total of all payments and other obligations incurred by DPS/SAA
under this Sub -recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub -recipient agreement.
Sub -recipient shall contribute the match funds listed on the Sub -recipient Award page.
Excess Payments. The Sub -recipient shall refund to DPS/SAA any sum of Sub -recipient agreement funds that has been paid to the
Sub -recipient by DPS/SAA or that DPS/SAA determines has resulted in overpayment to the Sub -recipient or that DPS/SAA determines has
not been spent by the Sub -recipient in accordance with this Sub -recipient agreement. No refund payment(s) may be made from local, state
or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub -recipient shall make
such refund to DPS/SAA within thirty (30) days after DPS/SAA requests such refund.
Suspension
In the event the Sub -recipient fails to comply with any of this Sub -recipient Agreement's terms, DPS/SAA may, upon written notification to
the Sub -recipient, suspend this Sub -recipient agreement in whole or in part, withhold payments to the Sub -recipient and prohibit the
Sub -recipient from incurring additional obligations of Sub -recipient agreement funds.
Termination
DPS/SAA's Right to Terminate. DPS/SAA shall have the right to terminate this Sub -recipient agreement, in whole or in part, at any time
before the end of the Performance Period, whenever DPS/SAA determines that the Sub -recipient has failed to comply with any of this
Sub -recipient agreement's terms. DPS/SAA shall notify the Sub -recipient in writing prior to the thirtieth (30th) day preceding the termination
of such determination and include:
1. the reasons for such termination;
2. the effective date of such termination; and
3. in the case of partial termination, the portion of the Sub -recipient agreement to be terminated.
Appeal will be made to the Deputy Director of Homeland Security, Department of Public Safety.
Enforcement
In taking an enforcement action, the awarding agency will provide the sub -recipient an opportunity for such hearing, appeal, or other
administrative proceeding to which the sub -recipient is entitled under any statute or regulation applicable to the action involved.
Initial Date
Page 3 OF 17
Conflict of Interest
No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
Monitorina
Sub -recipients will be monitored periodically by federal or state agencies, both programmatically and financially, to ensure that project goals,
objectives, performance requirement, timelines, milestone completion, budget, and other related program criteria are being met.
DPS/SAA reserves the right to perform periodic office -based and/or on-site monitoring of the Sub -recipient's compliance with this
Sub -recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub -recipient's performance pursuant to this
Sub -recipient agreement. After each monitoring visit, DPS/SAA shall provide the Sub -recipient with a written report of the monitor's
findings. If the monitoring report notes deficiencies in the Sub -recipients performance under this Sub -recipient agreement's terms, the
monitoring report shall include requirements for the timely correction of such deficiencies by the Sub -recipient. Failure by the Sub -recipient
to take action specified in the monitoring report may be cause for this Sub -recipient agreement's suspension or termination pursuant to the
Suspension and/or Termination Section.
Audit
Audit of Federal and State Funds. The Sub -recipient shall arrange for the performance of an annual financial and compliance audit of
Sub -recipient agreement funds received and performances rendered under this Sub -recipient agreement as required by the Single Audit
Act (OMB Circular A — 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub -recipient will also comply, as applicable, with Texas
Govemment Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative
Requirements for Grants and Cooperative Agreements.
DPS/SAA's Right to Audit. DPS/SAA reserves the right to conduct a financial and compliance audit of Sub -recipient agreement funds
received and performances rendered under this Sub -recipient agreement. The Sub -recipient agrees to permit DPS/SAA or its authorized
representative to audit the Sub -recipient's records. The sub -recipient shall provide any documents, materials or information necessary to
facilitate such audit.
Sub -recipient's Liability for Disallowed Costs. The Sub -recipient understands and agrees that it shall be liable to DPS/SAA for any costs
disallowed pursuant to financial and compliance audit(s) of Sub -recipient agreement funds. The Sub -recipient further understands and
agrees that reimbursement to DPS/SAA of such disallowed costs shall be paid by the Sub -recipient from funds that were not provided or
otherwise made available to the Sub -recipient pursuant to this Sub -recipient agreement or any other federal contract.
Sub- ecioient's Facilitation of Audit. The Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted
pursuant to this Section as DPS/SAA may require of the Sub -recipient. The Sub -recipient shall ensure that this clause conceming the
authority to audit funds received indirectly by subcontractors through the Sub -recipient and the requirement to cooperate is included in any
subcontract it awards.
Other Requirements
A. During the performance period of this grant, Sub -recipients must maintain an Emergency Management Plan at the Intermediate
Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM) . This may be
accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter -jurisdictional emergency
management program that meets the required standards. If TDEM identifies deficiencies in the Sub -recipient's plan, Sub -recipient will
correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.
Initial Date
B. Projects identified in the SAA web -based grant management system must identify and relate to the goals and objectives indicated
by the applicable approved project investments for the period of performance of the grant.
C. During the performance period of this grant, Sub -recipient agrees that it will participate in a legally -adopted county and/or regional
mutual aid agreement.
D. During the performance period, the Sub -recipient must be a registered user of the Texas Regional Response Network (TRRN) and
identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units
equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to
ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid.
E. Sub -recipients must submit Fiscal Year 2010 Indirect Cost Allocation Plan signed by Cognizant Agency - "Cognizant agency"
means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals
developed under 2 CFR part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies. Plan should be
forwarded to the SAA along with the Planning and Administration Grant Budget Form.
F. Council of Governments (COG) will follow guidelines listed in the SAA FY 10 COG Statement of Work.
G. Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non-exclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal govemment purposes: (1) the copyright in any
work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases
ownership with Federal support. The sub -recipient agrees to consult with DPS/SAA regarding the allocation of any patent rights that
arise from, or are purchased with, this funding.
Closing the Grant
A. The Sub -recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the
end of the performance period listed on the sub -recipient agreement.
B. DPS/SAA will close a sub -award after receiving Sub -recipient's final performance report indicating that all approved work has been
completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling
actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub -recipient is owed
additional funds, DPS/SAA will send the final payment automatically to the Sub -recipient. If the Sub -recipient did not use all the funds
received, DPS/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds.
C. At the completion of the sub -recipient's performance period, DPS/SAA will de -obligate all uncommitted / unexpended funds.
Restrictions. Disclaimers and Notices
A. In cases where local funding is established by a COG or UASI, goveming board, the release of funds by DPS/SAA is contingent
upon funding allocation approval by the goveming board.
B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DPS/SAA's obligations under this
agreement are contingent upon the receipt of adequate funds to meet DPS/SAA's liabilities hereunder, except as required by IECGP
and HSGP grants. DPS/SAA shall not be liable to the Sub -recipient for costs under this Agreement which exceed the amount specified
in the Notice of Sub -recipient Award.
C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed
by registered mail or certified mail, retum receipt requested, or sent by ovemight courier, such as Federal Express, to the other party at
its respective address set forth below or to the Point of Contact listed for the sub -recipient in the SAA Grants Management System
shall be deemed received the following business day.
Initial Date
Page 5OF17
DPS/SAA Contact Information
Deputy Director, Homeland Security
Texas Department of Public Safety
State Administrative Agency
P.O. Box 4087
Austin, TX 78773-0220
Sub -Recipient Contact Information
(Please FIII-In Contact Information below)
Name:
Title:
Agency:
Address:
Uniform Administrative Requirements. Cost Principals and Audit Requirements
Except as specifically modified by law or this Sub -recipient agreement's provisions, the Sub -recipient shall administer the award through
compliance with the most recent version of all applicable Laws and Regulations. A non-exclusive list is provided below
A. Administrative Requirements
1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments;
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Non -Profit Organizations (OMB Circular A-110).
B. Cost Principles
1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Govemments (OMB Circular A-87)
2. 2 C.F.R. Part 220, Cost Principles for Education Institutions (OMB Circular A-21)
3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122)
4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations
C. Audit Requirements — OMB Circular A-133, Audits of States, Local Govemments and Non -Profit Organizations.
D. Sub- recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment,
repeal, modification or adoption of any law, regulation or policy, at any level of govemment, without the express prior written approval of
FEMA.
E. The sub -recipient agrees that all allocations and use of funds under this grant will be in accordance with the applicable FY2010
Grant Program Guidance and Application Kit.
F. The recipient must provide information to FEMA to assist with the legally -required environmental planning and historic preservation
(EHP) review and to ensure compliance with applicable EHP laws and Executive Orders (EO). These EHP requirements include but
are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, EO 11988 —
Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. The recipient must comply with
all Federal, State, and local EHP requirements and obtain applicable permits and dearances.
Recipient shall not undertake any activity from the pro ect that would result in ground disturbance, facility modification, or relates to the
use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical
security enhancements involving ground disturbance, new construction, and modifications to buildings that are 50 years old or older.
Recipient must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any
changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can
proceed. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance
and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify
FEMA and the appropriate State Historical Preservation Office. Initiation of these activities prior to completion of FEMA's EHP review
will result in a non-compliance finding and may not be eligible for grant funding.
G. Sub -recipient shall also comply with all other federal, state, and local taws and regulations applicable to this Sub -recipient
agreement's activities and performances rendered by the Sub -recipient induding but not limited to the laws and the regulations
promulgated in State Administrative Agency Infonnation Bulletins, and Texas Uniform Grants Management Standards (UGMS).
H. The sub-recipient(s) must, in addition to the assurances, comply and require each of its subcontractors employed in the completion
of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of the award,
and the approved application.
Initial Date
Pape 6 OF 17
Retention and Accessibility of Records
Retention of Records. The Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub -recipient
agreement funds pursuant to the applicable OMB Circular and this Sub -recipient agreement. The Sub -recipient shall retain these records
and any supporting documentation for the greater of three (3) years from the completion of this project's public objective, including program
requirements and financial obligations, or the period of time required by other applicable laws and regulations. Sub -recipient shall comply
with 44 CFR Section 13.42 and UGMS §-_.42
Access to Records. The Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the
United States, the Texas State Auditor, DPS/SAA, or any of their duly authorized representatives, access to and the right to examine all
books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub -recipient pertaining to this
Sub -recipient agreement including records conceming the past use of DHS/FEMA funds. Such rights to access shall continue as long as
the records are retained by the Sub -recipient. The Sub -recipient agrees to maintain such records in an accessible location and to provide
citizens reasonable access to such records consistent with the Texas Public Information Act, , and Texas Government Code Chapter 552.
Inclusion in Subcontracts. The Sub -recipient shall include the substance of this Section in all subcontracts.
Legal Authority
Sianatory Authority. The Sub -recipient assures and guarantees that the Sub -recipient possesses the legal authority to enter into this
Sub -recipient agreement, receive Sub -recipient agreement funds and to perform the services the Sub -recipient has obligated itself to
perform pursuant to this Sub -recipient agreement.
Authorized Reoresentative. The person or persons signing and executing this Sub -recipient agreement on the Sub -recipient's behalf do
warrant and guarantee that he, she or they have been duly authorized by the Sub -recipient to execute this Sub -recipient agreement on the
Sub -recipient's behalf and to validly and legally bind the Sub -recipient to all contractual terms, performances and provisions.
Conflicts in Requirements. If conflict exists between federal, state, or local requirements, the sub -recipient shall comply with the strictest
requirement. .
Notice of Litigation and Claims
The Sub -recipient shall give DPS/SAA immediate notice in writing of any action, including any proceeding before an administrative agency,
filed against the Sub -recipient arising out of the performance under this Sub -recipient agreement
Except as otherwise directed by DPS/SAA, the Sub -recipient shall fumish immediately to DPS/SAA copies of all documentation or pleadings
received by the Sub -recipient with respect to such action or claim.
Non -Waiver of Defaults
ANY FAILURE OF DPS/SAA, AT ANY TIME, TO ENFORCE OR REQUIRE THE STRICT KEEPING AND PERFORMANCE OF ANY
PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR
SAME OR THE RIGHT OF DPS/SAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS
DPS/SAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/SAA SHALL NOT CONSTITUTE A WAIVER
OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPS/SAA TO ENFORCE
ITS RIGHTS, AS SUCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY PRESERVED.
Initial Date
Page 7OF17
Indemnity
AS PERMITTED BY LAW, SUB -RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPS/SAA AND THE STATE OF TEXAS
(INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES, AGENTS AND THEIR SUCCESSORS) ("INDEMNITEES") HARMLESS
ROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT OF OR RESULT FROM SUB -RECIPIENT'S NEGLIGENCE (ANY
AND ALL), FAULT, ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR
FEDERAL LAW AND/OR REGULATION, AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND/OR
CONVENTION AND/OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES;
LIABILITIES; PENALTIES; TAXES; FINES; INTEREST; EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT
COSTS, INVESTIGATION COSTS AND ALL DIRECT OR INDIRECT COSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY
CLAIM, LAWSUIT, OR OTHER PROCEEDING, INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR
ALTERNATIVE DISPUTE RESOLUTION); ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH AS DIRECT, GENERAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO
THIS AGREEMENT OR THE RIGHTS PROVIDED THEREIN.
IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB -RECIPIENT OR ANY EMPLOYEE
OF ITS SUBCONTRACTOR(S), THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY
BY THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB -RECIPIENT OR ANY
OF ITS SUBCONTRACTOR(S) UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER
EMPLOYEE BENEFITS ACTS.
SUB -RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE
OF TEXAS AS REQUESTED BY THE DPS/SAA. IN ANY SETTLEMENT, SUB -RECIPIENT MUST NOT MAKE ANY ADMISSION OF
LIABILITY ON THE PART OF ANY OF THE INDEMNITEES.
THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR
RIGHT WHICH ANY OF THE INDEMNITEES HAVE BY LAW OR EQUITY.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Changes and Amendments
Written Amendment. Except as specifically provided otherwise in this Sub -recipient agreement, any alterations, additions or deletions to
this Sub -recipient agreements terms shall be made through Grant Adjustment Notices generated by the SAA web -based grants
management system and executed by the Parties.
Authority to Amend. During the period of this Sub -recipient agreement's performance DPS/SAA and/or FEMA may issue policy directives
that serve to establish, interpret or darify this Sub -recipient agreement's performance requirements. Such policy directives shall be
promulgated by DPS/SAA or FEMA in the form of Information Bulletins and shall have the effect of qualifying this Sub -recipient agreement's
terms and shall be binding upon the Sub -recipient as if written in the Sub -recipient agreement.
Effect of Chances in Federal and State Laws. Any alterations, additions, or deletions to this Sub -recipient agreement's terms that are
required by the changes in federal and state laws or regulations are automatically incorporated into this Sub -recipient agreement without
written amendment to this Sub -recipient agreement and shall become effective on the date designated by such law or regulation. . In the
event FEMA or DPS/SAA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been
made, any subsequent request for funds will indicate sub -recipient acceptance of the changes to the award.
Initial Date
Pape 8 OF 17
Headings
Headings and captions of this Sub -recipient agreement's sections and paragraphs are only for convenience and reference. These headings
and captions shall not affect or modify this Sub -recipient agreement's terms or be used to interpret or assist in the construction of this
Sub -recipient agreement.
Venue
For purposes of litigation pursuant to this Sub -recipient agreement, venue shall lie in Travis County, Texas, and be govemed by Texas Law.
Initial Date
Paye 90 17
Special Conditions
2010 Operation Stonegarden (OPSG) Specific:
1) The recipient is prohibited from obligating or expending Operation Stonegarden (OPSG) funds provided through this award until
each unique, specific or modified county level or equivalent Operational Order/Frag Operations Order with embedded estimated
operational budget has been reviewed and approved through an official email notice issued by FEMA removing this special
programmatic condition. The Operations Order approval process/structure is as follows: Operations Orders are submitted to (I) the
appropriate Customs and Border Protection (CBP) Border Patrol (BP)Sector Headquarters (HQ); upon approval by the Sector HQ,
forwarded through the Border Patrol Enforcement Transfer System PETS) system to (2) the OPSG Coordinator, CBP/BP
Washington, DC and upon approval forwarded to (3) Federal Emergency Management Agency (FEMA), Grant Programs Directorate
(GPD). Grant Development and Administration Division (GD&A). Notification of release of programmatic hold will be sent by FEMA via
email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at CBP/BP HQ, Washington DC.
General:
1)
a) Provisions applicable to a sub -recipient that is a private entity.
i) You as a sub -recipient, your employees, may not:
(1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in effect: or
(3) Use forced labor in the performance of the award or sub -award under this award.
ii) We may unilaterally terminate this award, without penalty, if the sub -recipient that is a private entity:
(1) Is determined to have violated a prohibition in paragraph 1 a of this award term; or
(2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a
prohibition of this award term through conduct that is either:
(a) Associated with performance under this award; or
(b) Imputed to you or the sub -recipient using the standards and due process for imputing the conduct of an individual
to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Govemment Debarment and
Suspension (Non -procurement)," as implemented at 2 CFR Part 3000.
b) Provisions applicable to a sub -recipient that is other than a private entity. We may unilaterally terminate this award, without
penalty, if the sub -recipient that is a private entity:
i) Is determined to have violated a prohibition in paragraph 1a of this award term; or
ii) Has an employee who is determined by the agency official authorized to terminate the award to have violated an
applicable prohibition in paragraph al of this award term through conduct that is either.
(1) Associated with performance under this award; or
(2) Imputed to you or the sub -recipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Govemment Debarment and
Suspension (Non -procurement)," as implemented at 2 CFR Part 3000.
c) Provisions applicable to any recipient:
i) You must inform us immediately of any information you received from any source alleging a violation of a prohibition in
paragraph al of this award term.
ii) Our right to terminate unilaterally that is described in 1 b or 2 of this section:
(1) Implements section 106(9) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g),
and
(2) Is in addition to all other remedies for noncompliance that are available to us under this award.
Initial Date
Page 10 of 17
2)
iii) You must include the requirements of 1 a of this award term in any sub -award you make to a private entity.
d) Definitions. For purposes of this award term:
i) "Employee" means either:
(1) An individual employed by a sub -recipient who is engaged in the performance of the project or program under this
award: or
(2) Another person engaged in the performance of the project or program under this award and not compensated by you
including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
ii) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision,
or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
iii) "Private entity" means:
(1) Any entity other than a State, local govemment, Indian Tribe, or foreign public entities, as those terms are defined in 2
CFR 175.25.
(2) Includes:
(a) A non-profit organization, including any nonprofit institution of higher education, hospital, or tribal organization
other than one included in the definition of Indian Tribe at 2CFR 175.25(b).
(b) A for-profit organization
iv) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meaning given at section 103 of the
TVPA, as amended (22 U.S.C. 7102).
a) Classified national security information as defined in Executive Order (EO) 12958, as amended, means information that has
been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is
marked to indicate its classified status when in documentary form.
b) No funding under this award shall be used to support a contract, sub -award, or other agreement for goods or services that will
include access to classified national security information if the award recipient has not been approved for that access to such
information
c) Where an award recipient has been approved for and has access to classified national security information, no funding under
this award shall be used to support a contract, sub -award, or other agreement for goods or services that will indude access to
classified national security information by the contractor, sub-awardee, or other entity without prior written approval from the DHS
Office of Security, Industrial Security Program Branch(ISBP), or an appropriate official within the Federal department or agency with
whom the classified effort will be performed.
d) Such contracts, sub -awards, or other agreements shall be processed and administered in accordance with the DHS " Standard
Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 20089: EO's 12829, 12959, 12968, as
amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives
or instruction. All security requirement documents are located at http;//www.dhs/gov/xopnbiz/grantsfindex.shtm.
e) Immediately upon determination by the award recipient that funding under this award will be used to support such a contract,
sub -award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub -award, or
other agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and
processing instructions.
Please fill in the appropriate information and sign.
Type Name of Authorized Official
Title
Sub -recipient Organization
Signature of Authorized Official Date
Initial Date
Paye 11 OF 17
EXHIBIT A
ASSURANCES - NON -CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub -recipient, I certify that the sub -recipient:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described
in this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being
made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards
for federally -assisted construction sub -agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood
insurance if,the total cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
Initial Date
Page 12 OF 17
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities
supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the
care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of
assistance.
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based
paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Govemments, and Non -Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies goveming this
program.
Please fill in the appropriate information and sign.
Type Name of Authorized Official
Title
Sub -recipient Organization
Signature of Authorized Official Date
Initial Date
EXHIBIT B
ASSURANCES - CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub -recipient, I certify that the sub -recipient:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in
this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a
proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without
permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life
of the project.
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of
construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete
work conforms with the approved plans and specifications and will fumish progressive reports and such other information as may be
required by the assistance awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based
pain in construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions In the specific statue(s) under which agreement for Federal assistance is being
made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement.
11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards
for federally -assisted construction sub -agreements.
14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L.
93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is $10,000 or more.
Initial Date
Page 14 OF 17
15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies goveming this
program.
Please fill in the appropriate information and sign.
Type Name of Authorized Official
Title
Sub -recipient Organization
Signature of Authorized Official Date
Initial Date
Page 15 OF 17
Exhibit C
Certifications
The undersigned,
to the best of his/her knowledge and belief.
(print), as the authorized official of certifies the following
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
of modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form -LLL "Disclosure of Lobbying Activities," in accordance with its instructions
C. The undersigned shall require that the language of this certification be induded in the award documents for all sub -awards at all
tiers (including subcontract, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective
participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The
Sub -recipient certifies that it and its principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a
State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub -recipients
can access debarment information by going tcwww.enls.aov and the State Debarred Vendor List jtttp://www.window.state.tx.us/prc
/ittn://www.window.state.tx.us/nrocurement/proa/vendor verformance/debarredl
2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State, or local)
with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and
4. Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
5. Where the sub -recipient is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this agreement. (Federal Certification)
E. The Sub -recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that
have been appropriated for the same purpose. Sub -recipient may be required to supply documentation certifying that a reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.
F. Sub -recipient must comply with 2 CFR Part 180 Subpart C as a condition of receiving grant funds, and sub -recipient must
require such compliance in any sub -grants or contract at the next tier.
G. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements goveming this program.
H. Drug-free Workplace Act, as amended, 41 U.S.C. §701 et seq. — Requires the recipient to publish a statement about its
drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel)
who will be involved in award -supported activities at any site where these activities will be carried out. Also, place(s) where work is
being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify
the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional
information, see 44 CFR Part 17.
Initial Date
Page 16 Of 17
I. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant
funds.
Please fill in the appropriate information and sign.
Type Name of Authorized Official
Title
Sub -recipient Organization
Signature of Authorized Official Date
Initial Date
Page 17 OF 17
EXHIBIT
40th.tf'
P
Texas Department of Public Safety i „Bll
2010 Sub -Recipient Award
for
City of Round Rock
A
Ta
-�
Date of Award
October 20, 2010
Li. ub Reciplent Name and Address -
2. Prepared by: Seals, Freddie
3. SAA Award Number: 10 -SR 63500-01
Mayor Alan McGraw
City of Round Rock
221 E. Main St.
Round Rock, TX 78664
4Federal Grant Inform tiq�
Federal Grant Title: Homeland Security Grant Program (HSGP)
Urban Area Security Initiative (UASI)
Federal Grant Award Number: 2010 -SS -T0-0008
Date Federal Grant Awarded to TxDPS: August 1, 2010
Department of Homeland Security
Federal Granting Agency: FEMA
Grant Programs Directorate
5. ` Alnard Amount and Grant Breakdowns
UASI Award
Amount (Federal)
CFDA: 97.008
350 ���. ��
Grant Period:
From:
Aug 1, 2010
To:
Jul 31, 2012
(The SAA must receive all invoices by the end of grant
period
6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public
Law 111-83).
7. Method of Payment: Primary method is reimbursement.
8. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractors/vendors are not
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do
not appear in the Excluded Parties List System at http://www.epls.gov.2.8.9029.0
9. Agency Approval
Approving TxDPS Official:
Janice E. Bruno, Administrator
State Administrative Agency
Texas Department of Public Safety
Signature of TxDPS Official:
C �jxrl.�"
10. Sub Recipient Acceptance
• .. k, t "'Y .. ,> > r, . - ., +�'3,✓. l».'s tit- .# ., .. a. 7
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub-Reciplent official:
Signature of Sub -Recipient Official:
11. Enter Employerp%IdentificationNumber(EIN) / Federal Tax Identification Number:
/ `— �/ / (JkJ
12. Date Signed :
13. DUE DATE:
Signed award and
December 4, 2010
Direct Deposit Form
(if applicable) must be returned to TxDPS on or before the above due date.
2010 TERMS AND CONDITIONS
Instructions:
The Sub -recipient must:
1. Fill in the contact information and sign the Sub -Recipient Award
2. Certify they have read and understand the Terms and Conditions by initialing the bottom of each page.
3. Fill in the contact information located on Page 4.
4. Certify to the statements provided in Exhibits A and B and C located at the back of this document by filling in contact information
and signing both exhibits.
5. Return all documents to the SAA in accordance with the date provided in the transmittal letter and/or in the agreement.
Parties to Sub -recipient Agreement
This Sub -recipient Agreement (includes the Sub -recipient Award and the Terms and Conditions) is made and entered into by and between
the Department of Public Safety / State Administrative Agency, (DPS/SAA) an agency of the State of Texas, hereinafter referred to as
"DPS/SAA," and the funds recipient, hereinafter referred to as the "Sub -recipient." Furthermore, DPS/SAA and the Sub -recipient are
collectively hereinafter referred to as the "Parties." The Sub -recipient Agreement is only an offer until the Sub -recipient returns the signed
copy of the 2010 Sub -recipient Agreement in accordance with the date provided in the transmittal letter and/or in the agreement
Sub -recipient Agreement Award.
Sub -recipient must not assign or transfer any interest in this Sub -recipient Agreement without the express, prior written consent of the SAA.
Overview, and Performance Standards
All allocations and use of funds under this grant must be in accordance with the FY 2010 Guidelines and Application Kit for the
Federal Grant Title specified on the Sub -recipient Agreement Award. All award Sub -recipients are required to have read, understood
and accepted the FY 2010 Guidance and Application Kit as binding.
Standard of Performance. The Sub -recipient shall perform all activities and projects entered into the SAA web -based grants management
system approved by its Regional Planning Group / Urban Area Working Group and/or by the State Administrative Agency (SAA) as
applicable. The Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this
Sub -recipient agreement, Terms and Conditions and the following Exhibits located at the end of this document:
1. Assurance — Non -Construction Programs, hereinafter referred to as "Exhibit A"
2. Assurance — Construction Programs, hereinafter referred to as "Exhibit B"
3. Certification, hereinafter referred to as "Exhibit C"
Failure to Perform. In the event the Sub -recipient fails to implement the project(s) entered into the SAA web -based grants management
system, or comply with any of this Sub -recipient agreement's provisions, in addition to the remedies specified in this Sub -recipient
agreement, the Sub -recipient is liable to DPS/SAA for an amount not to exceed the award amount of this Sub -recipient agreement and may
be barred from applying for or receiving additional DHS/FEMA grant program funds or any other federal program funds administered by
DPS/SAA until repayment to DPS/SAA is made and any other compliance or audit finding is satisfactorily resolved.
Initial Date
Page 2 OF 17
DPS/SAA Obligations
Measure of Liability. DPS/SAA shall not be liable to the Sub -recipient for any costs incurred by the Sub -recipient that are not allowable costs.
Sub -recipient Agreement Funds Defined and Limit of Liability. The term "Sub -recipient agreement funds" as used in this Sub -recipient
agreement means funds provided by DPS/SAA under the DHS/FEMA grant programs. The term "Sub -recipients funds" or match funds as
used in this Sub -recipient agreement means funds provided by the Sub -recipient.
Notwithstanding any other provision of this Sub -recipient agreement, the total of all payments and other obligations incurred by DPS/SAA
under this Sub -recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub -recipient agreement.
Sub -recipient shall contribute the match funds listed on the Sub -recipient Award page.
Excess Payments. The Sub -recipient shall refund to DPS/SAA any sum of Sub -recipient agreement funds that has been paid to the
Sub -recipient by DPS/SAA or that DPS/SAA determines has resulted in overpayment to the Sub -recipient or that DPS/SAA determines has
not been spent by the Sub -recipient in accordance with this Sub -recipient agreement. No refund payment(s) may be made from local, state
or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub -recipient shall make
such refund to DPS/SAA within thirty (30) days after DPS/SAA requests such refund.
Suspension
In the event the Sub -recipient fails to comply with any of this Sub -recipient Agreement's terms, DPS/SAA may, upon written notification to
the Sub -recipient, suspend this Sub -recipient agreement in whole or in part, withhold payments to the Sub -recipient and prohibit the
Sub -recipient from incurring additional obligations of Sub -recipient agreement funds.
Termination
DPS/SAA's Right to Terminate. DPS/SAA shall have the right to terminate this Sub -recipient agreement, in whole or in part, at any time
before the end of the Performance Period, whenever DPS/SAA determines that the Sub -recipient has failed to comply with any of this
Sub -recipient agreement's terms. DPS/SAA shall notify the Sub -recipient in writing prior to the thirtieth (30th) day preceding the termination
of such determination and include:
1. the reasons for such termination;
2. the effective date of such termination; and
3. in the case of partial termination, the portion of the Sub -recipient agreement to be terminated.
Appeal will be made to the Deputy Director of Homeland Security, Department of Public Safety.
Enforcement
In taking an enforcement action, the awarding agency will provide the sub -recipient an opportunity for such hearing, appeal, or other
administrative proceeding to which the sub -recipient is entitled under any statute or regulation applicable to the action involved.
Initial Date
Page 3 OF 17
Conflict of Interest
No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
Monitoring
Sub -recipients will be monitored periodically by federal or state agencies, both programmatically and financially, to ensure that project goals,
objectives, performance requirement, timelines, milestone completion, budget, and other related program criteria are being met.
DPS/SAA reserves the right to perform periodic office -based and/or on-site monitoring of the Sub -recipient's compliance with this
Sub -recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub -recipient's performance pursuant to this
Sub -recipient agreement. After each monitoring visit, DPS/SAA shall provide the Sub -recipient with a written report of the monitor's
findings. If the monitoring report notes deficiencies in the Sub -recipients performance under this Sub -recipient agreement's terms, the
monitoring report shall include requirements for the timely correction of such deficiencies by the Sub -recipient. Failure by the Sub -recipient
to take action specified in the monitoring report may be cause for this Sub -recipient agreement's suspension or termination pursuant to the
Suspension and/or Termination Section.
,Audit
Audit of Federal and State Funds. The Sub -recipient shall arrange for the performance of an annual financial and compliance audit of
Sub -recipient agreement funds received and performances rendered under this Sub -recipient agreement as required by the Single Audit
Act (OMB Circular A — 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub -recipient will also comply, as applicable, with Texas
Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative
Requirements for Grants and Cooperative Agreements.
DPS/SAA's Right to Audit. DPS/SAA reserves the right to conduct a financial and compliance audit of Sub -recipient agreement funds
received and performances rendered under this Sub -recipient agreement. The Sub -recipient agrees to permit DPS/SAA or its authorized
representative to audit the Sub -recipient's records. The sub -recipient shall provide any documents, materials or information necessary to
facilitate such audit.
Sub -recipient's Liability for Disallowed Costs. The Sub -recipient understands and agrees that it shall be liable to DPS/SAA for any costs
disallowed pursuant to financial and compliance audit(s) of Sub -recipient agreement funds. The Sub -recipient further understands and
agrees that reimbursement to DPS/SAA of such disallowed costs shall be paid by the Sub -recipient from funds that were not provided or
otherwise made available to the Sub -recipient pursuant to this Sub -recipient agreement or any other federal contract.
Sub -recipient's Facilitation of Audit. The Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted
pursuant to this Section as DPS/SAA may require of the Sub -recipient. The Sub -recipient shall ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Sub -recipient and the requirement to cooperate is included in any
subcontract it awards.
Other Requirements
A. During the performance period of this grant, Sub -recipients must maintain an Emergency Management Plan at the Intermediate
Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM) . This may be
accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter -jurisdictional emergency
management program that meets the required standards. If TDEM identifies deficiencies in the Sub -recipient's plan, Sub -recipient will
correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.
Initial Date
Page 4 OF 17
B. Projects identified in the SAA web -based grant management system must identify and relate to the goals and objectives indicated
by the applicable approved project investments for the period of performance of the grant.
C. During the performance period of this grant, Sub -recipient agrees that it will participate in a legally -adopted county and/or regional
mutual aid agreement.
D. During the performance period, the Sub -recipient must be a registered user of the Texas Regional Response Network (TRRN) and
identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units
equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to
ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid.
E. Sub -recipients must submit Fiscal Year 2010 Indirect Cost Allocation Plan signed by Cognizant Agency - "Cognizant agency"
means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals
developed under 2 CFR part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies. Plan should be
forwarded to the SAA along with the Planning and Administration Grant Budget Form.
F. Council of Governments (COG) will follow guidelines listed in the SAA FY 10 COG Statement of Work.
G. Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non-exclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any
work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases
ownership with Federal support. The sub -recipient agrees to consult with DPS/SAA regarding the allocation of any patent rights that
arise from, or are purchased with, this funding.
Closing the Grant
A. The Sub -recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the
end of the performance period listed on the sub -recipient agreement.
B. DPS/SAA will close a sub -award after receiving Sub -recipient's final performance report indicating that all approved work has been
completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling
actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub -recipient is owed
additional funds, DPS/SAA will send the final payment automatically to the Sub -recipient. If the Sub -recipient did not use all the funds
received, DPS/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds.
C. At the completion of the sub -recipient's performance period, DPS/SAA will de -obligate all uncommitted / unexpended funds.
Restrictions. Disclaimers and Notices
A. In cases where local funding is established by a COG or UASI, governing board, the release of funds by DPS/SAA is contingent
upon funding allocation approval by the governing board.
B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DPS/SAA's obligations under this
agreement are contingent upon the receipt of adequate funds to meet DPS/SAA's liabilities hereunder, except as required by IECGP
and HSGP grants. DPS/SAA shall not be liable to the Sub -recipient for costs under this Agreement which exceed the amount specified
in the Notice of Sub -recipient Award.
C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed
by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at
its respective address set forth below or to the Point of Contact listed for the sub -recipient in the SAA Grants Management System
shall be deemed received the following business day.
Initial Date
Page 5 OF 17
DPS/SAA Contact Information
Deputy Director, Homeland Security
Texas Department of Public Safety
State Administrative Agency
P.O. Box 4087
Austin, TX 78773-0220
Sub -Recipient Contact Information
(Please Fill -In Contact Information below)
Name:
Title:
Agency:
Address:
Uniform Administrative Requirements. Cost Principals and Audit Requirements
Except as specifically modified by law or this Sub -recipient agreement's provisions, the Sub -recipient shall administer the award through
compliance with the most recent version of all applicable Laws and Regulations. A non-exclusive list is provided below
A. Administrative Requirements
1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments;
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Non -Profit Organizations (OMB Circular A-110).
B. Cost Principles
1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87)
2. 2 C.F.R. Part 220, Cost Principles for Education Institutions (OMB Circular A-21)
3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122)
4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations
C. Audit Requirements — OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations.
D. Sub- recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment,
repeal, modification or adoption of any law, regulation or policy, at any level of govemment, without the express prior written approval of
FEMA.
E. The sub -recipient agrees that all allocations and use of funds under this grant will be in accordance with the applicable FY2010
Grant Program Guidance and Application Kit.
F. The recipient must provide information to FEMA to assist with the legally -required environmental planning and historic preservation
(EHP) review and to ensure compliance with applicable EHP laws and Executive Orders (EO). These EHP requirements include but
are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, EO 11988 —
Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. The recipient must comply with
all Federal, State, and local EHP requirements and obtain applicable permits and clearances.
Recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or relates to the
use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical
security enhancements involving ground disturbance, new construction, and modifications to buildings that are 50 years old or older.
Recipient must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any
changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can
proceed. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance
and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify
FEMA and the appropriate State Historical Preservation Office. Initiation of these activities prior to completion of FEMA's EHP review
will result in a non-compliance finding and may not be eligible for grant funding.
G. Sub -recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub -recipient
agreement's activities and performances rendered by the Sub -recipient including but not limited to the laws and the regulations
promulgated in State Administrative Agency Information Bulletins, and Texas Uniform Grants Management Standards (UGMS).
H. The sub-recipient(s) must, in addition to the assurances, comply and require each of its subcontractors employed in the completion
of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of the award,
and the approved application.
Initial Date
Page 6 OF 17
Retention and Accessibility of Records
Retention of Records. The Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub -recipient
agreement funds pursuant to the applicable OMB Circular and this Sub -recipient agreement. The Sub -recipient shall retain these records
and any supporting documentation for the greater of three (3) years from the completion of this project's public objective, including program
requirements and financial obligations, or the period of time required by other applicable laws and regulations. Sub -recipient shall comply
with 44 CFR Section 13.42 and UGMS §-_.42
Access to Records. The Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the
United States, the Texas State Auditor, DPS/SAA, or any of their duly authorized representatives, access to and the right to examine all
books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub -recipient pertaining to this
Sub -recipient agreement including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as
the records are retained by the Sub -recipient. The Sub -recipient agrees to maintain such records in an accessible location and to provide
citizens reasonable access to such records consistent with the Texas Public Information Act, , and Texas Government Code Chapter 552.
Inclusion in Subcontracts. The Sub -recipient shall include the substance of this Section in all subcontracts.
Legal Authority
Sianatory Authority. The Sub -recipient assures and guarantees that the Sub -recipient possesses the legal authority to enter into this
Sub -recipient agreement, receive Sub -recipient agreement funds and to perform the services the Sub -recipient has obligated itself to
perform pursuant to this Sub -recipient agreement.
Authorized Representative. The person or persons signing and executing this Sub -recipient agreement on the Sub -recipient's behalf do
warrant and guarantee that he, she or they have been duly authorized by the Sub -recipient to execute this Sub -recipient agreement on the
Sub -recipient's behalf and to validly and legally bind the Sub -recipient to all contractual terms, performances and provisions.
Conflicts in Reauirements. If conflict exists between federal, state, or local requirements, the sub -recipient shall comply with the strictest
requirement..
Notice of Litigation and Claims
The Sub -recipient shall give DPS/SAA immediate notice in writing of any action, including any proceeding before an administrative agency,
filed against the Sub -recipient arising out of the performance under this Sub -recipient agreement
Except as otherwise directed by DPS/SAA, the Sub -recipient shall furnish immediately to DPS/SAA copies of all documentation or pleadings
received by the Sub -recipient with respect to such action or claim.
Non -Waiver of Defaults
ANY FAILURE OF DPS/SAA, AT ANY TIME, TO ENFORCE OR REQUIRE THE STRICT KEEPING AND PERFORMANCE OF ANY
PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR
SAME OR THE RIGHT OF DPS/SAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS
DPS/SAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/SAA SHALL NOT CONSTITUTE A WAIVER
OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPS/SAA TO ENFORCE
ITS RIGHTS, AS SUCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY PRESERVED.
Initial Date
Page 7 OF 17
Indemnity
AS PERMITTED BY LAW, SUB -RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPS/SAA AND THE STATE OF TEXAS
(INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES, AGENTS AND THEIR SUCCESSORS ("INDEMNITEES") HARMLESS
FROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT OF OR RESULT FROM SUB -RECIPIENT'S NEGLIGENCE (ANY
AND ALL), FAULT, ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR
FEDERAL LAW AND/OR REGULATION, AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND/OR
CONVENTION AND/OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES;
LIABILITIES; PENALTIES; TAXES; FINES; INTEREST; EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT
COSTS, INVESTIGATION COSTS AND ALL DIRECT OR INDIRECT COSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY
CLAIM, LAWSUIT, OR OTHER PROCEEDING, INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR
ALTERNATIVE DISPUTE RESOLUTION)); ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH AS DIRECT, GENERAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO
THIS AGREEMENT OR THE RIGHTS PROVIDED THEREIN.
IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB -RECIPIENT OR ANY EMPLOYEE
OF ITS SUBCONTRACTOR(S), THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY
BY THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB -RECIPIENT OR ANY
OF ITS SUBCONTRACTOR(S) UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER
EMPLOYEE BENEFITS ACTS.
SUB -RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE
OF TEXAS AS REQUESTED BY THE DPS/SAA. IN ANY SETTLEMENT, SUB -RECIPIENT MUST NOT MAKE ANY ADMISSION OF
LIABILITY ON THE PART OF ANY OF THE INDEMNITEES.
THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR
RIGHT WHICH ANY OF THE INDEMNITEES HAVE BY LAW OR EQUITY.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Changes and Amendments
Written Amendment. Except as specifically provided otherwise in this Sub -recipient agreement, any alterations, additions or deletions to
this Sub -recipient agreement's terms shall be made through Grant Adjustment Notices generated by the SAA web -based grants
management system and executed by the Parties.
Authority to Amend. During the period of this Sub -recipient agreement's performance DPS/SAA and/or FEMA may issue policy directives
that serve to establish, interpret or clarify this Sub -recipient agreement's performance requirements. Such policy directives shall be
promulgated by DPS/SAA or FEMA in the form of Information Bulletins and shall have the effect of qualifying this Sub -recipient agreement's
terms and shall be binding upon the Sub -recipient as if written in the Sub -recipient agreement.
Effect of Chanaes in Federal and State Laws. Any alterations, additions, or deletions to this Sub -recipient agreement's terms that are
required by the changes in federal and state laws or regulations are automatically incorporated into this Sub -recipient agreement without
written amendment to this Sub -recipient agreement and shall become effective on the date designated by such law or regulation. . In the
event FEMA or DPS/SAA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been
made, any subsequent request for funds will indicate sub -recipient acceptance of the changes to the award.
Initial Date
Page 8 OF 17
Headings
Headings and captions of this Sub -recipient agreement's sections and paragraphs are only for convenience and reference. These headings
and captions shall not affect or modify this Sub -recipient agreement's terms or be used to interpret or assist in the construction of this
Sub -recipient agreement.
Venue
For purposes of litigation pursuant to this Sub -recipient agreement, venue shall lie in Travis County, Texas, and be governed by Texas Law.
Initial Date
Page 9 OF 17
Special Conditions
2010 Operation Stonegarden (OPSG) Specific:
1) The recipient is prohibited from obligating or expending Operation Stonegarden (OPSG) funds provided through this award until
each unique, specific or modified county level or equivalent Operational Order/Frag Operations Order with embedded estimated
operational budget has been reviewed and approved through an official email notice issued by FEMA removing this special
programmatic condition. The Operations Order approval process/structure is as follows: Operations Orders are submitted to (1) the
appropriate Customs and Border Protection (CBP) Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ,
forwarded through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG Coordinator, CBP/BP
Washington, DC and upon approval forwarded to (3) Federal Emergency Management Agency (FEMA), Grant Programs Directorate
(GPD). Grant Development and Administration Division (GD&A). Notification of release of programmatic hold will be sent by FEMA via
email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at CBP/BP HQ, Washington DC.
General:
1)
a) Provisions applicable to a sub -recipient that is a private entity.
i) You as a sub -recipient, your employees, may not:
(1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in effect: or
(3) Use forced labor in the performance of the award or sub -award under this award.
ii) We may unilaterally terminate this award, without penalty, if the sub -recipient that is a private entity:
(1) Is determined to have violated a prohibition in paragraph 1 a of this award term; or
(2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a
prohibition of this award term through conduct that is either:
(a) Associated with performance under this award; or
(b) Imputed to you or the sub -recipient using the standards and due process for imputing the conduct of an individual
to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Govemment Debarment and
Suspension (Non -procurement)," as implemented at 2 CFR Part 3000.
b) Provisions applicable to a sub -recipient that is other than a private entity. We may unilaterally terminate this award, without
penalty, if the sub -recipient that is a private entity:
i) Is determined to have violated a prohibition in paragraph 1 a of this award term; or
ii) Has an employee who is determined by the agency official authorized to terminate the award to have violated an
applicable prohibition in paragraph al of this award term through conduct that is either:
(1) Associated with performance under this award; or
(2) Imputed to you or the sub -recipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Govemment Debarment and
Suspension (Non -procurement)," as implemented at 2 CFR Part 3000.
c) Provisions applicable to any recipient:
i) You must inform us immediately of any information you received from any source alleging a violation of a prohibition in
paragraph al of this award term.
ii) Our right to terminate unilaterally that is described in 1 b or 2 of this section:
(1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (NPA), as amended (22 U.S.C. 7104 (g),
and
(2) Is in addition to all other remedies for noncompliance that are available to us under this award.
Initial Date
Page 10 OF 17
2)
iii) You must include the requirements of 1 a of this award term in any sub -award you make to a private entity.
d) Definitions. For purposes of this award term:
i) "Employee" means either:
(1) An individual employed by a sub -recipient who is engaged in the performance of the project or program under this
award: or
(2) Another person engaged in the performance of the project or program under this award and not compensated by you
including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
ii) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision,
or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
iii) "Private entity" means:
(1) Any entity other than a State, local government, Indian Tribe, or foreign public entities, as those terms are defined in 2
CFR 175.25.
(2) Includes:
(a) A non-profit organization, including any nonprofit institution of higher education, hospital, or tribal organization
other than one included in the definition of Indian Tribe at 2CFR 175.25(b).
(b) A for-profit organization
iv) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meaning given at section 103 of the
TVPA, as amended (22 U.S.C. 7102).
a) Classified national security information as defined in Executive Order (EO) 12958, as amended, means information that has
been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is
marked to indicate its classified status when in documentary form.
b) No funding under this award shall be used to support a contract, sub -award, or other agreement for goods or services that will
include access to classified national security information if the award recipient has not been approved for that access to such
information
c) Where an award recipient has been approved for and has access to classified national security information, no funding under
this award shall be used to support a contract, sub -award, or other agreement for goods or services that will include access to
classified national security information by the contractor, sub-awardee, or other entity without prior written approval from the DHS
Office of Security, Industrial Security Program Branch(ISBP), or an appropriate official within the Federal department or agency with
whom the classified effort will be performed.
d) Such contracts, sub -awards, or other agreements shall be processed and administered in accordance with the DHS " Standard
Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 20089: EO's 12829, 12959, 12968, as
amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives
or instruction. All security requirement documents are located at: http;//www.dhs/gov/xopnbiz/grants/index.shtm.
e) Immediately upon determination by the award recipient that funding under this award will be used to support such a contract,
sub -award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub -award, or
other agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and
processing instructions.
Please fill in the appropriate information and sign.
Type Name of Authorized Official
Title
Sub -recipient Organization
Signature of Authorized Official Date
Initial Date
Page 11 OF 17
EXHIBIT A
ASSURANCES - NON -CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub -recipient, I certify that the sub -recipient:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described
in this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the .Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being
made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards
for federally -assisted construction sub -agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
Initial Date
Page 12 OF 17
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities
supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the
care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of
assistance.
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based
paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this
program.
Please fill in the appropriate information and sign.
Type Name of Authorized Official
Title
Sub -recipient Organization
Signature of Authorized Official Date
Initial Date
Page 13 OF 17
EXHIBIT B
ASSURANCES - CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub -recipient, I certify that the sub -recipient:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in
this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a
proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without
permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life
of the project.
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of
construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete
work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be
required by the assistance awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based
pain in construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being
made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement.
11. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards
for federally -assisted construction sub -agreements.
14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L.
93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is $10,000 or more.
Initial Date
Page 14 OF 17
15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies goveming this
program.
Please fill in the appropriate information and sign.
Type Name of Authorized Official
Title
Sub -recipient Organization
Signature of Authorized Official Date
Initial Date
Page 15 OF 17
Exhibit C
Certifications
The undersigned, (print), as the authorized official of certifies the following
to the best of his/her knowledge and belief.
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
of modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form -LLL "Disclosure of Lobbying Activities," in accordance with its instructions
C. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all
tiers (including subcontract, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective
participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The
Sub -recipient certifies that it and its principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a
State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub -recipients
can access debarment information by going tovww.eols.aov and the State Debarred Vendor List http://www.window.state.tx.us/prc
htto://www.window.state.tx.us/orocurement'Droo/vendor performance/debarred,!
2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State, or local)
with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and
4. Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
5. Where the sub -recipient is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this agreement. (Federal Certification)
E. The Sub -recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that
have been appropriated for the same purpose. Sub -recipient may be required to supply documentation certifying that a reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.
F. Sub -recipient must comply with 2 CFR Part 180 Subpart C as a condition of receiving grant funds, and sub -recipient must
require such compliance in any sub -grants or contract at the next tier.
G. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this program.
H. Drug-free Workplace Act, as amended, 41 U.S.C. §701 et seq. — Requires the recipient to publish a statement about its
drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel)
who will be involved in award -supported activities at any site where these activities will be carried out. Also, place(s) where work is
being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify
the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional
information, see 44 CFR Part 17.
Initial Date
Page 16 OF 17
I. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant
funds.
Please fill in the appropriate information and sign.
Type Name of Authorized Official
Title
Sub -recipient Organization
Signature of Authorized Official Date
Initial Date
Page 17 OF 17
STEVEN C. McCRAW
DIRECTOR
LAMAR BECKWORTH
CHERYL MacBRIDE
DEPUTY DIRECTORS
TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001
512/424-2000
www.txdps.state.tx.us
October 26, 2010
The Honorable Alan McGraw
Mayor, City of Round Rock
221 E. Main St.
Round Rock, TX 78664
Dear Mayor McGraw:
COMMISSION
ALLAN B. POLUNSKY, CHAIR
C. TOM CLOWE, JR.
ADA BROWN
JOHN STEEN
CARIN MARCY BARTH
Please find enclosed Homeland Security Grant Program (HSGP) sub -recipient award documents for
your review and signature acceptance as the Chief Elected Official for your area. Funds received
under this grant award are to be used to address potential and real time challenges in response to
acts of terrorism and all -hazards events only and administered using the following governance
documents listed in priority level: FY 2010 Homeland Security Appropriations Act; Presidential
Directives; Federal Statutes; Federal Regulations; Office of Management and Budget (OMB)
Circulars; Terms and Conditions of award; FY 2010 HSGP Grant guidance; Department of
Homeland Security (DHS) Policy; FEMA Policy; and Texas Homeland Security — State
Administrative Agency (TXHLS-SAA) Policy.
The attached FY 2010 Sub -Recipient Agreement(s) (SRA) with Terms and Conditions requires
your review, signature of acceptance/agreement, and return to the TXHLS-SAA as directed below.
Response to this award offer must be received even if you decide to decline the award.
The SRA must be filled out and signed by the person indicated in the address box of the award
document. Signature by anyone other than that person will only be accepted as a valid signature of
acceptance of the award and agreement to follow grant fund requirements if a letter of designation
from the person approved to sign the award is attached indicating he/she authorizes that person to
sign on their behalf. Please note that authorization for signature will be deemed as acceptable for
signing any documents going forward that pertain to this award unless the letter of authorization
indicates otherwise.
You will need to fill in the contact information; sign and date the Sub -Recipient Award(s); certify
you have read, understand, and accept the Terms and Conditions (T&Cs) by initializing the bottom
of each page of the T&Cs; populate the contact information located in the section entitled
EQUAL OPPORTUNITY EMPLOYER
COURTESY • SERVICE • PROTECTION
"Restrictions, Disclaimers and Notices" of the T&Cs; certify agreement to the statements provided
in Exhibits A, B, and C located at the back of the T&Cs by filling in contact information- signing
all exhibits; and return all documents to the TXHLS-SAA by the due date provided in the bottom -
left corner of the Sub -Recipient Award(s) box 13.
In addition, the TXHLS-SAA must have a current Direct Deposit Authorization from your
organization in order to transfer grant funds electronically to a designated bank account to
reimburse you for grant -funded expenses. An electronic version of this form is available for you to
download, populate and send to the TXHLS-SAA on the Texas State Comptroller's website at:
http://www.window.state.tx.us/taxinfo/taxforms/74-158.pdf . If you submitted a completed Direct
Deposit Authorization form with prior acceptance documents for HSGP awards, you do not need to
submit another authorization unless your bank account information has changed or you wish to
receive reimbursement by check instead of by direct deposit.
This HSGP SRA offer will be withdrawn if the required materials are not received at the TXHLS-
SAA with a postmark no later than the due date indicated on your SRA(s). Extensions to this date
will not be granted. You must submit required documents by the due date to the following address:
Texas Department of Public Safety
TXHLS- State Administrative Agency
1033 La Posada, Suite 100
Austin, TX 78752
Please retain a copy of each document submitted to the TXHLS-SAA for your records.
If you have any questions, please contact Edwin Staples at 512-377-0002.
Sincerely,
Janice E. Bruno
Director
TXHLS-SAA
JEB:es
EQUAL OPPORTUNITY EMPLOYER
COURTESY • SERVICE • PROTECTION
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. 1101.
Consider a resolution authorizing the Mayor to execute two 2010 Sub -Recipient Awards
Agenda Caption: for a Homeland Security Grant Program.
Meeting Date: November 23, 2010
Department: Administration
Staff Person making presentation: Brad Bradford
Emergency Management Coordinator
Item Summary:
A two-part award through the Urban Area Security Initiative (UASI)
1. $295,000 to partially fund the purchase of an Incident Management Team Public Safety Command Vehicle,
and
2. $350,000 to fund a) an Emergency Planner position and b) a trailer for the Shelter System
The proposed Command Vehicle will replace the Command Vehicle sold in April 2010. This award for $295,000 will
be supplemented with $116,341 budgeted in a Congressionally Selected Award that was received from the
Department ofJustice in September 2010.
The Emergency Planner position will assist the City's Emergency Operations Coordinator. Funding for the position is
for 3 years. The proposed trailer will complete the Shelter System funded through the 2008 and 2009 UASI awards
Strategic Plan Relevance:
Aligns with Strategic Priority #30.0 Residents, Visitors, and Businesses continue to experience a high and timely level
of public safety and security.
Cost: $ 645,000
Source of Funds: FEMA - Homeland Security Grant - UASI
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
Texas Department of Public Safety
4
2010 Sub -Recipient Award
for
City of Round Rock
October 20, 2010
2. Prepared by: Seals, Freddie L3 SAA Award Number: 10 SR 63500-01
Mayor Alan McGraw
City of Round Rock
221 E. Main St.
Round Rock, TX 78664
Federal Grant Title: Homeland Security Grant Program (HSGP)
Urban Area Security Initiative (UASI)
Federal Grant Award Number: 2010 -SS -T0-0008
Date Federal Grant Awarded to TxDPS: August 1, 2010
Department of Homeland Security
Federal Granting Agency: FEMA
Grant Programs Directorate
el�,�,,„, .t r !bkz' a v N, p,
✓ ry 3w{ y x g y; a a 5
a k'9''V 5..+�
UASI Award
Amount (Federal)
CFDA: 97.008
$350, 000.00
Grant Period:
From:
Aug 1, 2010
To:
Jul 31, 2012
(The SAA must receive all invoices by the end of grant
period)
6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public
Law 111-83).
7. Method of Payment: Primary method is reimbursement.
8. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractors/vendors are not
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do
not appear in the Excluded Parties List System at http://www.epis.gov.2.8.9029.0
r.
Approving TxDPS Official:
Janice E. Bruno, Administrator
State Administrative Agency
Texas Department of Public Safety
Signature of TxDPS Official:
6laIr
f4'" Yk F Y I r '�
l..r a { .�u+4i�d, ., w ,., � .. ,. ,... �sz .^ .,- �m.�i uoh;.b {"?"F`�i,
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub -Recipient official:
Alav1 11/-6tyttw0
MAYS
Signature of Sub -Recipient Official:
m
11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number:
12. Date Signed :
13. DUE DATE:
December 4, 2010
Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date.
2010 TERMS AND CONDITIONS
Instructions:
The Sub -recipient must:
1. Fill in the contact information and sign the Sub -Recipient Award
2. Certify they have read and understand the Terms and Conditions by initialing the bottom of each page.
3. Fill in the contact information located on Page 4.
4. Certify to the statements provided in Exhibits A and B and C located at the back of this document by filling in contact information
and signing both exhibits.
5. Return all documents to the SAA in accordance with the date provided in the transmittal letter and/or in the agreement.
Parties to Sub -recipient Agreement
This Sub -recipient Agreement (includes the Sub -recipient Award and the Terms and Conditions) is made and entered into by and between
the Department of Public Safety / State Administrative Agency, (DPS/SAA) an agency of the State of Texas, hereinafter referred to as
"DPS/SAA," and the funds recipient, hereinafter referred to as the "Sub -recipient." Furthermore, DPS/SAA and the Sub -recipient are
collectively hereinafter referred to as the "Parties." The Sub -recipient Agreement is only an offer until the Sub -recipient returns the signed
copy of the 2010 Sub -recipient Agreement in accordance with the date provided in the transmittal letter and/or in the agreement
Sub -recipient Agreement Award.
Sub -recipient must not assign or transfer any interest in this Sub -recipient Agreement without the express, prior written consent of the SAA.
Overview, and Performance Standards
All allocations and use of funds under this grant must be in accordance with the FY 2010 Guidelines and Application Kit for the
Federal Grant Title specified on the Sub -recipient Agreement Award. All award Sub -recipients are required to have read, understood
and accepted the FY 2010 Guidance and Application Kit as binding.
Standard of Performance. The Sub -recipient shall perform all activities and projects entered into the SAA web -based grants management
system approved by its Regional Planning Group / Urban Area Working Group and/or by the State Administrative Agency (SAA) as
applicable. The Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this
Sub -recipient agreement, Terms and Conditions and the following Exhibits located at the end of this document:
1. Assurance — Non -Construction Programs, hereinafter referred to as "Exhibit A"
2. Assurance — Construction Programs, hereinafter referred to as "Exhibit B"
3. Certification, hereinafter referred to as "Exhibit C"
Failure to Perform. In the event the Sub -recipient fails to implement the project(s) entered into the SAA web -based grants management
system, or comply with any of this Sub -recipient agreement's provisions, in addition to the remedies specified in this Sub -recipient
agreement, the Sub -recipient is liable to DPS/SAA for an amount not to exceed the award amount of this Sub -recipient agreement and may
be barred from applying for or receiving additional DHS/FEMA grant program funds or any other federal program funds administered by
DPS/SAA until repayment to DPS/SAA is made and any other compliance or audit finding is satisfactorily resolved.
Initial Date II. '1v
Page 2 OF 17
DPS/SAA Obligations
Measure of Liability. DPS/SAA shall not be liable to the Sub -recipient for any costs incurred by the Sub -recipient that are not allowable costs.
Sub -recipient Aareement Funds Defined and Limit of Liability. The term "Sub -recipient agreement funds" as used in this Sub -recipient
agreement means funds provided by DPS/SAA under the DHS/FEMA grant programs. The term "Sub -recipients funds" or match funds as
used in this Sub -recipient agreement means funds provided by the Sub -recipient.
Notwithstanding any other provision of this Sub -recipient agreement, the total of all payments and other obligations incurred by DPS/SAA
under this Sub -recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub -recipient agreement.
Sub -recipient shall contribute the match funds listed on the Sub -recipient Award page.
Excess Payments. The Sub -recipient shall refund to DPS/SAA any sum of Sub -recipient agreement funds that has been paid to the
Sub -recipient by DPS/SAA or that DPS/SAA determines has resulted in overpayment to the Sub -recipient or that DPS/SAA determines has
not been spent by the Sub -recipient in accordance with this Sub -recipient agreement. No refund payment(s) may be made from local, state
or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub -recipient shall make
such refund to DPS/SAA within thirty (30) days after DPS/SAA requests such refund.
Suspension
In the event the Sub -recipient fails to comply with any of this Sub -recipient Agreement's terms, DPS/SAA may, upon written notification to
the Sub -recipient, suspend this Sub -recipient agreement in whole or in part, withhold payments to the Sub -recipient and prohibit the
Sub -recipient from incurring additional obligations of Sub -recipient agreement funds.
Termination
DPS/SAA's Right to Terminate. DPS/SAA shall have the right to terminate this Sub -recipient agreement, in whole or in part, at any time
before the end of the Performance Period, whenever DPS/SAA determines that the Sub -recipient has failed to comply with any of this
Sub -recipient agreement's terms. DPS/SAA shall notify the Sub -recipient in writing prior to the thirtieth (30th) day preceding the termination
of such determination and include:
1. the reasons for such termination;
2. the effective date of such termination; and
3. in the case of partial termination, the portion of the Sub -recipient agreement to be terminated.
Appeal will be made to the Deputy Director of Homeland Security, Department of Public Safety.
Enforcement
In taking an enforcement action, the awarding agency will provide the sub -recipient an opportunity for such hearing, appeal, or other
administrative proceeding to which the sub -recipient is entitled under any statute or regulation applicable to the action involved.
Initial
Date 11•25•1a
Page 3 Of 17
Conflict of Interest
No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
Monitoring
Sub -recipients will be monitored periodically by federal or state agencies, both programmatically and financially, to ensure that project goals,
objectives, performance requirement, timelines, milestone completion, budget, and other related program criteria are being met.
DPS/SAA reserves the right to perform periodic office -based and/or on-site monitoring of the Sub -recipient's compliance with this
Sub -recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub -recipient's performance pursuant to this
Sub -recipient agreement. After each monitoring visit, DPS/SAA shall provide the Sub -recipient with a written report of the monitor's
findings. If the monitoring report notes deficiencies in the Sub -recipient's performance under this Sub -recipient agreement's terms, the
monitoring report shall include requirements for the timely correction of such deficiencies by the Sub -recipient. Failure by the Sub -recipient
to take action specified in the monitoring report may be cause for this Sub -recipient agreement's suspension or termination pursuant to the
Suspension and/or Termination Section.
Audit of Federal and State Funds. The Sub -recipient shall arrange for the performance of an annual financial and compliance audit of
Sub -recipient agreement funds received and performances rendered under this Sub -recipient agreement as required by the Single Audit
Act (OMB Circular A — 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub -recipient will also comply, as applicable, with Texas
Govemment Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative
Requirements for Grants and Cooperative Agreements.
DPS/SAA's Riaht to Audit. DPS/SAA reserves the right to conduct a financial and compliance audit of Sub -recipient agreement funds
received and performances rendered under this Sub -recipient agreement. The Sub -recipient agrees to permit DPS/SAA or its authorized
representative to audit the Sub -recipient's records. The sub -recipient shall provide any documents, materials or information necessary to
facilitate such audit.
Sub -recipient's Liability for Disallowed Costs. The Sub -recipient understands and agrees that it shall be liable to DPS/SAA for any costs
disallowed pursuant to financial and compliance audit(s) of Sub -recipient agreement funds. The Sub -recipient further understands and
agrees that reimbursement to DPS/SAA of such disallowed costs shall be paid by the Sub -recipient from funds that were not provided or
otherwise made available to the Sub -recipient pursuant to this Sub -recipient agreement or any other federal contract.
Sub-recioient's Facilitation of Audit. The Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted
pursuant to this Section as DPS/SAA may require of the Sub -recipient. The Sub -recipient shall ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Sub -recipient and the requirement to cooperate is included in any
subcontract it awards.
Other Requirements
A. During the performance period of this grant, Sub -recipients must maintain an Emergency Management Plan at the Intermediate
Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM) . This may be
accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter jurisdictional emergency
management program that meets the required standards. If TDEM identifies deficiencies in the Sub -recipient's plan, Sub -recipient will
correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.
Initial Date 6t • `7' [(/
Page 4 OF 17
B. Projects identified in the SAA web -based grant management system must identify and relate to the goals and objectives indicated
by the applicable approved project investments for the period of performance of the grant.
C. During the performance period of this grant, Sub -recipient agrees that it will participate in a legally -adopted county and/or regional
mutual aid agreement.
D. During the performance period, the Sub -recipient must be a registered user of the Texas Regional Response Network (TRRN) and
identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units
equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to
ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid.
E. Sub -recipients must submit Fiscal Year 2010 Indirect Cost Allocation Plan signed by Cognizant Agency - "Cognizant agency"
means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals
developed under 2 CFR part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies. Plan should be
forwarded to the SAA along with the Planning and Administration Grant Budget Form.
F. Council of Governments (COG) will follow guidelines listed in the SAA FY 10 COG Statement of Work.
G. Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non-exclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any
work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases
ownership with Federal support. The sub -recipient agrees to consult with DPS/SAA regarding the allocation of any patent rights that
arise from, or are purchased with, this funding.
Closing the Grant
A. The Sub -recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the
end of the performance period listed on the sub -recipient agreement.
B. DPS/SAA will close a sub -award after receiving Sub -recipient's final performance report indicating that all approved work has been
completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling
actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub -recipient is owed
additional funds, DPS/SAA will send the final payment automatically to the Sub -recipient. If the Sub -recipient did not use all the funds
received, DPS/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds.
C. At the completion of the sub -recipient's performance period, DPS/SAA will de -obligate all uncommitted / unexpended funds.
Restrictions. Disclaimers and Notices
A. In cases where local funding is established by a COG or UASI, governing board, the release of funds by DPS/SAA is contingent
upon funding allocation approval by the governing board.
B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DPS/SAA's obligations under this
agreement are contingent upon the receipt of adequate funds to meet DPS/SAA's liabilities hereunder, except as required by IECGP
and HSGP grants. DPS/SAA shall not be liable to the Sub -recipient for costs under this Agreement which exceed the amount specified
in the Notice of Sub -recipient Award.
C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed
by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at
its respective address set forth below or to the Point of Contact listed for the sub -recipient in the SAA Grants Management System
shall be deemed received the following business day.
Initial Date 11.2;4
Page 5 OF 17
DPS/SAA Contact Information
Deputy Director, Homeland Security
Texas Department of Public Safety
State Administrative Agency
P.O. Box 4087
Austin, TX 78773-0220
Sub -Recipient Contact Information
(Please Fill -In Contact Information below)
C
Name: a fl 6 mw
Title: tAl O'r-
Agency: Gt^tel I2ec L
Address: 2. 2.4 IV IDthi y1-•
Th Vaal nb6+
•
Uniform Administrative Requirements. Cost Principals and Audit Requirements
Except as specifically modified by law or this Sub -recipient agreement's provisions, the Sub -recipient shall administer the award through
compliance with the most recent version of all applicable Laws and Regulations. A non-exclusive list is provided below
A. Administrative Requirements
1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments;
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Non -Profit Organizations (OMB Circular A-110).
B. Cost Principles
1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87)
2. 2 C.F.R. Part 220, Cost Principles for Education Institutions (OMB Circular A-21)
3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122)
4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations
C. Audit Requirements — OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations.
D. Sub- recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment,
repeal, modification or adoption of any law, regulation or policy, at any level of govemment, without the express prior written approval of
FEMA.
E. The sub -recipient agrees that all allocations and use of funds under this grant will be in accordance with the applicable FY2010
Grant Program Guidance and Application Kit.
F. The recipient must provide information to FEMA to assist with the legally -required environmental planning and historic preservation
(EHP) review and to ensure compliance with applicable EHP laws and Executive Orders (EO). These EHP requirements include but
are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, EO 11988 —
Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. The recipient must comply with
all Federal, State, and local EHP requirements and obtain applicable permits and clearances.
Recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or relates to the
use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical
security enhancements involving ground disturbance, new construction, and modifications to buildings that are 50 years old or older.
Recipient must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any
changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can
proceed. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance
and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify
FEMA and the appropriate State Historical Preservation Office. Initiation of these activities prior to completion of FEMA's EHP review
will result in a non-compliance finding and may not be eligible for grant funding.
G. Sub -recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub -recipient
agreements activities and performances rendered by the Sub -recipient including but not limited to the laws and the regulations
promulgated in State Administrative Agency Information Bulletins, and Texas Uniform Grants Management Standards (UGMS).
H. The sub-recipient(s) must, in addition to the assurances, comply and require each of its subcontractors employed in the completion
of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of the award,
and the approved application.
Initial Date [•'•�f/
Page 6 OF 17
Retention and Accessibility of Records
Retention of Records. The Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub -recipient
agreement funds pursuant to the applicable OMB Circular and this Sub -recipient agreement. The Sub -recipient shall retain these records
and any supporting documentation for the greater of three (3) years from the completion of this project's public objective, including program
requirements and financial obligations, or the period of time required by other applicable laws and regulations. Sub -recipient shall comply
with 44 CFR Section 13.42 and UGMS §-_.42
Access to Records. The Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the
United States, the Texas State Auditor, DPS/SAA, or any of their duly authorized representatives, access to and the right to examine all
books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub -recipient pertaining to this
Sub -recipient agreement including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as
the records are retained by the Sub -recipient. The Sub -recipient agrees to maintain such records in an accessible location and to provide
citizens reasonable access to such records consistent with the Texas Public Information Act, , and Texas Government Code Chapter 552.
Inclusion in Subcontracts. The Sub -recipient shall include the substance of this Section in all subcontracts.
Legal Authority
Signatory Authority. The Sub -recipient assures and guarantees that the Sub -recipient possesses the legal authority to enter into this
Sub -recipient agreement, receive Sub -recipient agreement funds and to perform the services the Sub -recipient has obligated itself to
perform pursuant to this Sub -recipient agreement.
Authorized Representative. The person or persons signing and executing this Sub -recipient agreement on the Sub -recipient's behalf do
warrant and guarantee that he, she or they have been duly authorized by the Sub -recipient to execute this Sub -recipient agreement on the
Sub -recipient's behalf and to validly and legally bind the Sub -recipient to all contractual terms, performances and provisions.
Conflicts in Reauirements. If conflict exists between federal, state, or local requirements, the sub -recipient shall comply with the strictest
requirement. .
Notice of Litigation and Claims
The Sub -recipient shall give DPS/SAA immediate notice in writing of any action, including any proceeding before an administrative agency,
filed against the Sub -recipient arising out of the performance under this Sub -recipient agreement
Except as otherwise directed by DPS/SAA, the Sub -recipient shall fumish immediately to DPS/SAA copies of all documentation or pleadings
received by the Sub -recipient with respect to such action or claim.
Non -Waiver of Defaults
ANY FAILURE OF DPS/SAA, AT ANY TIME, TO ENFORCE OR REQUIRE THE STRICT KEEPING AND PERFORMANCE OF ANY
PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR
SAME OR THE RIGHT OF DPS/SAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS
DPS/SAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/SAA SHALL NOT CONSTITUTE A WAIVER
OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPS/SAA TO ENFORCE
ITS RIGHTS, AS SUCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY PRESERVED. n
Initial /Q� Date 1I•LS•t°
Page 7 OF 17
Indemnity
AS PERMITTED BY LAW, SUB -RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPS/SAA AND THE STATE OF TEXAS
(INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES, AGENTS AND THEIR SUCCESSORS) ("INDEMNITEES") HARMLESS
FROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT OF OR RESULT FROM SUB -RECIPIENT'S NEGLIGENCE (ANY
AND ALL), FAULT, ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR
FEDERAL LAW AND/OR REGULATION, AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND/OR
CONVENTION AND/OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES;
LIABILITIES; PENALTIES; TAXES; FINES; INTEREST; EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT
COSTS, INVESTIGATION COSTS AND ALL DIRECT OR INDIRECT COSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY
CLAIM, LAWSUIT, OR OTHER PROCEEDING, INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR
ALTERNATIVE DISPUTE RESOLUTION); ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH AS DIRECT, GENERAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO
THIS AGREEMENT OR THE RIGHTS PROVIDED THEREIN.
IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB -RECIPIENT OR ANY EMPLOYEE
OF ITS SUBCONTRACTOR(S), THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY
BY THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB -RECIPIENT OR ANY
OF ITS SUBCONTRACTOR(S) UNDER WORKERS DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER
EMPLOYEE BENEFITS ACTS.
SUB -RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE
OF TEXAS AS REQUESTED BY THE DPS/SAA. IN ANY SETTLEMENT, SUB -RECIPIENT MUST NOT MAKE ANY ADMISSION OF
LIABILITY ON THE PART OF ANY OF THE INDEMNITEES.
THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR
RIGHT WHICH ANY OF THE INDEMNITEES HAVE BY LAW OR EQUITY.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Changes and Amendments
Written Amendment. Except as specifically provided otherwise in this Sub -recipient agreement, any alterations, additions or deletions to
this Sub -recipient agreement's terms shall be made through Grant Adjustment Notices generated by the SAA web -based grants
management system and executed by the Parties.
Authority to Amend. During the period of this Sub -recipient agreement's performance DPS/SAA and/or FEMA may issue policy directives
that serve to establish, interpret or clarify this Sub -recipient agreement's performance requirements. Such policy directives shall be
promulgated by DPS/SAA or FEMA in the form of Information Bulletins and shall have the effect of qualifying this Sub -recipient agreement's
terms and shall be binding upon the Sub -recipient as if written in the Sub -recipient agreement.
Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Sub -recipient agreement's terms that are
required by the changes in federal and state laws or regulations are automatically incorporated into this Sub -recipient agreement without
written amendment to this Sub -recipient agreement and shall become effective on the date designated by such law or regulation. . In the
event FEMA or DPS/SAA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been
made, any subsequent request for funds will indicate sub -recipient acceptance of the changes to the award.
Initial
Date I (1S°10
Page 8 OF 17
Headings
Headings and captions of this Sub -recipient agreement's sections and paragraphs are only for convenience and reference. These headings
and captions shall not affect or modify this Sub -recipient agreement's terms or be used to interpret or assist in the construction of this
Sub -recipient agreement.
Venue
For purposes of litigation pursuant to this Sub -recipient agreement, venue shall lie in Travis County, Texas, and be govemed by Texas Law.
Initial Date 11.23.10
Page 9 OF 17
Special Conditions
2010 Operation Stonegarden (OPSG) Specific:
1) The recipient is prohibited from obligating or expending Operation Stonegarden (OPSG) funds provided through this award until
each unique, specific or modified county level or equivalent Operational Order/Frag Operations Order with embedded estimated
operational budget has been reviewed and approved through an official email notice issued by FEMA removing this special
programmatic condition. The Operations Order approval process/structure is as follows: Operations Orders are submitted to (I) the
appropriate Customs and Border Protection (CBP) Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ,
forwarded through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG Coordinator, CBP/BP
Washington, DC and upon approval forwarded to (3) Federal Emergency Management Agency (FEMA), Grant Programs Directorate
(GPD). Grant Development and Administration Division (GD&A). Notification of release of programmatic hold will be sent by FEMA via
email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at CBP/BP HQ, Washington DC.
General:
1)
a) Provisions applicable to a sub -recipient that is a private entity.
i) You as a sub -recipient, your employees, may not:
(1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in effect: or
(3) Use forced labor in the performance of the award or sub -award under this award.
ii) We may unilaterally terminate this award, without penalty, if the sub -recipient that is a private entity:
(1) Is determined to have violated a prohibition in paragraph 1 a of this award term; or
(2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a
prohibition of this award term through conduct that is either:
(a) Associated with performance under this award; or
(b) Imputed to you or the sub -recipient using the standards and due process for imputing the conduct of an individual
to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Govemment Debarment and
Suspension (Non -procurement)," as implemented at 2 CFR Part 3000.
b) Provisions applicable to a sub -recipient that is other than a private entity. We may unilaterally terminate this award, without
penalty, if the sub -recipient that is a private entity:
i) Is determined to have violated a prohibition in paragraph 1 a of this award term; or
ii) Has an employee who is determined by the agency official authorized to terminate the award to have violated an
applicable prohibition in paragraph al of this award term through conduct that is either:
(1) Associated with performance under this award; or
(2) Imputed to you or the sub -recipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government Debarment and
Suspension (Non -procurement)," as implemented at 2 CFR Part 3000.
c) Provisions applicable to any recipient:
i) You must inform us immediately of any information you received from any source alleging a violation of a prohibition in
paragraph al of this award term.
ii) Our right to terminate unilaterally that is described in 1 b or 2 of this section:
(1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (NPA), as amended (22 U.S.C. 7104 (g),
and
(2) Is in addition to all other remedies for noncompliance that are available to us under his award. �J3'l Iv
Initial Date (I'Z3'
Page 10 OF 17
2)
iii) You must include the requirements of la of this award term in any sub -award you make to a private entity.
d) Definitions. For purposes of this award term:
i) "Employee" means either:
(1) An individual employed by a sub -recipient who is engaged in the performance of the project or program under this
award: or
(2) Another person engaged in the performance of the project or program under this award and not compensated by you
including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
ii) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision,
or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
iii) "Private entity" means:
(1) Any entity other than a State, local government, Indian Tribe, or foreign public entities, as those terms are defined in 2
CFR 175.25.
(2) Includes:
(a) A non-profit organization, including any nonprofit institution of higher education, hospital, or tribal organization
other than one included in the definition of Indian Tribe at 2CFR 175.25(b).
(b) A for-profit organization
iv) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meaning given at section 103 of the
TVPA, as amended (22 U.S.C. 7102).
a) Classified national security information as defined in Executive Order (EO) 12958, as amended, means information that has
been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is
marked to indicate its classified status when in documentary form.
b) No funding under this award shall be used to support a contract, sub -award, or other agreement for goods or services that will
include access to classified national security information if the award recipient has not been approved for that access to such
information
c) Where an award recipient has been approved for and has access to classified national security information, no funding under
this award shall be used to support a contract, sub -award, or other agreement for goods or services that will include access to
classified national security information by the contractor, sub-awardee, or other entity without prior written approval from the DHS
Office of Security, Industrial Security Program Branch(ISBP), or an appropriate official within the Federal department or agency with
whom the classified effort will be performed.
d) Such contracts, sub -awards, or other agreements shall be processed and administered in accordance with the DHS " Standard
Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 20089: EO's 12829, 12959, 12968, as
amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives
or instruction. All security requirement documents are located at: http;//www.dhs/gov/xopnbiz/grants/index.shtm.
e) Immediately upon determination by the award recipient that funding under this award will be used to support such a contract,
sub -award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub -award, or
other agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and
processing instructions.
Please fill in the appropriate information and sign.
h M C-rYA uJ
Type Name of Authorized Official
Title
MaYisv--
Sub -r 1' i nt Organization
Sig ure of Authorized Official
1 I.?�3• Io
Date
Initial Date I I .2';•'
Page 11 OF 17
EXHIBIT A
ASSURANCES - NON -CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub -recipient, I certify that the sub -recipient:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described
in this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being
made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards
for federally -assisted construction sub -agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
Initial Date 1(•�3 • (0
Page 12 OF 17
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities
supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the
care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of
assistance.
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based
paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this
program.
Please fill in the appropriate information and sign.
Aciaif► lits ruw
Type Name of Authori d Official
Title
Sub-rrganization
Sign'a4afe of Authorized Official
1Y.23•10
Date
Initial Date /1.2.3'10
Page 13 OF 17
EXHIBIT B
ASSURANCES - CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub -recipient, I certify that the sub -recipient:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in
this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a
proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without
permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life
of the project.
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of
construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete
work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be
required by the assistance awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based
pain in construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being
made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement.
11. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards
for federally -assisted construction sub -agreements.
14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L.
93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is $10,000 or more.
Initial Date Il •25.10
Page 14 OF 17
15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this
program.
Please fill in the appropriate information and sign.
A�la� Mi66 w
Type Name of Authoriz d Official
Mo�Yor-
Title
ei' Vau, id 2616
Sub-r� Ic pie�nt Organization
Signa re of Authorized Official
(,.23•ID
ate
Initial Date 11'23.10
Page 15 OF 17
Exhibit C
Certifications
The undersigned, NAM MG W (print), as the authorized official of "' l PCfouhl certifies the following
to the best of his/her knowledge and elief.
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
of modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form -LLL "Disclosure of Lobbying Activities," in accordance with its instructions
C. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all
tiers (including subcontract, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective
participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The
Sub -recipient certifies that it and its principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a
State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub -recipients
can access debarment information by going tovww.eols.gov and the State Debarred Vendor List http://www.window.state.tx.us/prc
htto://www.window.state.tx.us/procurement/grog/vendor performance/debarred/
2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)
with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and
4. Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
5. Where the sub -recipient is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this agreement. (Federal Certification)
E. The Sub -recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that
have been appropriated for the same purpose. Sub -recipient may be required to supply documentation certifying that a reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.
F. Sub -recipient must comply with 2 CFR Part 180 Subpart C as a condition of receiving grant funds, and sub -recipient must
require such compliance in any sub -grants or contract at the next tier.
G. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements goveming this program.
H. Drug-free Workplace Act, as amended, 41 U.S.C. §701 et seq. — Requires the recipient to publish a statement about its
drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel)
who will be involved in award -supported activities at any site where these activities will be carried out. Also, place(s) where work is
being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify
the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional
information, see 44 CFR Part 17.
Initial Date 4t • Z3 • 1Q
Page 16 OF 17
I. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant
funds.
Please fill in the appropriate information and sign.
lotiak 11- C u w
Type Name of Aut orized Official
Title
Cii 6C 4Paufrd Qcei
Sub-recOrganization
Signature of Authorized Official
Date
Initial
Date 11,23 .10
Page 17 OF 17
October 20, 2010
Texas Department of Public Safety
2010 Sub -Recipient Award
for
City of Round Rock
Mayor Alan McGraw
City of Round Rock
221 E. Main St.
Round Rock, TX 78664
2. Prepared by: Seals, Freddie
3. SAA Award Number: 10 -SR 63500-01
Federal Grant Title:
Homeland Security Grant Program (HSGP)
Urban Area Security Initiative (UASI)
Federal Grant Award Number:
2010 -SS -T0-0008
Date Federal Grant Awarded to TxDPS: August 1, 2010
Federal Granting Agency:
Department of Homeland Security
FEMA
Grant Programs Directorate
UASI-LETPA
Award Amount
(Federal)
CFDA: 97.008
$295, 000.00
Grant Period:
From:
Aug 1, 2010
To:
Jul 31, 2012
(The SAA must receive all Invoices by the end of grant
period)
6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public
Law 111-83).
7. Method of Payment: Primary method is reimbursement.
8. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractors/vendors are not
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do
not appear in the Excluded Parties List System at http://www.epls.gov.2.8.9029.0
Approving TxDPS Official:
Janice E. Bruno, Administrator
State Administrative Agency
Texas Department of Public Safety
Signature of TxDPS Off cIal:
e"„ze.
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub -Recipient official:
Mao M'
tv1AyeAc-
Signature of Sub -Recipient Offielal:
11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number:
avoi
12. Date Signed :
13. DUE DATE:
December 4, 2010
Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date.
t2ftD-11-Z3-11171
2010 TERMS AND CONDITIONS
Instructions:
The Sub -recipient must:
1. Fill in the contact information and sign the Sub -Recipient Award
2. Certify they have read and understand the Terms and Conditions by initialing the bottom of each page.
3. Fill in the contact information located on Page 4.
4. Certify to the statements provided in Exhibits A and B and C located at the back of this document by filling in contact information
and signing both exhibits,
5. Return all documents to the SAA in accordance with the date provided in the transmittal letter and/or in the agreement.
Parties to Sub -recipient Agreement
This Sub -recipient Agreement (includes the Sub -recipient Award and the Terms and Conditions) is made and entered into by and between
the Department of Public Safety / State Administrative Agency, (DPS/SAA) an agency of the State of Texas, hereinafter referred to as
"DPS/SAA," and the funds recipient, hereinafter referred to as the "Sub -recipient." Furthermore, DPS/SAA and the Sub -recipient are
collectively hereinafter referred to as the "Parties." The Sub -recipient Agreement is only an offer until the Sub -recipient retums the signed
copy of the 2010 Sub -recipient Agreement in accordance with the date provided in the transmittal letter and/or in the agreement
Sub -recipient Agreement Award.
Sub -recipient must not assign or transfer any interest in this Sub -recipient Agreement without the express, prior written consent of the SAA.
Overview. and Performance Standards
All allocations and use of funds under this grant must be in accordance with the FY 2010 Guidelines and Application Kit for the
Federal Grant Title specified on the Sub -recipient Agreement Award. All award Sub -recipients are required to have read, understood
and accepted the FY 2010 Guidance and Application Kit as binding.
Standard of Performance. The Sub -recipient shall perform all activities and projects entered into the SAA web -based grants management
system approved by its Regional Planning Group / Urban Area Working Group and/or by the State Administrative Agency (SAA) as
applicable. The Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this
Sub -recipient agreement, Terms and Conditions and the following Exhibits located at the end of this document:
1. Assurance — Non -Construction Programs, hereinafter referred to as "Exhibit A"
2. Assurance — Construction Programs, hereinafter referred to as "Exhibit B"
3. Certification, hereinafter referred to as "Exhibit C"
Failure to Perform. In the event the Sub -recipient fails to implement the project(s) entered into the SAA web -based grants management
system, or comply with any of this Sub -recipient agreement's provisions, in addition to the remedies specified in this Sub -recipient
agreement, the Sub -recipient is liable to DPS/SAA for an amount not to exceed the award amount of this Sub -recipient agreement and may
be barred from applying for or receiving additional DHS/FEMA grant program funds or any other federal program funds administered by
DPS/SAA until repayment to DPS/SAA is made and any other compliance or audit finding is satisfactorily resolved.
Initial
Date L US` 10
DPSISAA Obligations
Measure of Liability. DPS/SAA shall not be liable to the Sub -recipient for any costs incurred by the Sub -recipient that are not allowable costs.
Sub-recioient Agreement Funds Defined and Limit of Liability. The term "Sub -recipient agreement funds" as used in this Sub -recipient
agreement means funds provided by DPS/SAA under the DHS/FEMA grant programs. The term "Sub -recipient's funds" or match funds as
used in this Sub -recipient agreement means funds provided by the Sub -recipient.
Notwithstanding any other provision of this Sub -recipient agreement, the total of all payments and other obligations incurred by DPS/SAA
under this Sub -recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub -recipient agreement.
Sub -recipient shall contribute the match funds listed on the Sub -recipient Award page.
Excess Payments. The Sub -recipient shall refund to DPS/SAA any sum of Sub -recipient agreement funds that has been paid to the
Sub -recipient by DPS/SAA or that DPS/SAA determines has resulted in overpayment to the Sub -recipient or that DPS/SAA determines has
not been spent by the Sub -recipient in accordance with this Sub -recipient agreement. No refund payment(s) may be made from local, state
or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub -recipient shall make
such refund to DPS/SAA within thirty (30) days after DPS/SAA requests such refund.
Suspension
In the event the Sub -recipient fails to comply with any of this Sub -recipient Agreement's terms, DPS/SAA may, upon written notification to
the Sub -recipient, suspend this Sub -recipient agreement in whole or in part, withhold payments to the Sub -recipient and prohibit the
Sub -recipient from incurring additional obligations of Sub -recipient agreement funds.
Termination
DPS/SAA's Right to Terminate. DPS/SAA shall have the right to terminate this Sub -recipient agreement, in whole or in part, at any time
before the end of the Performance Period, whenever DPS/SAA determines that the Sub -recipient has failed to comply with any of this
Sub -recipient agreement's terms. DPS/SAA shall notify the Sub -recipient in writing prior to the thirtieth (30th) day preceding the termination
of such determination and include:
1. the reasons for such termination;
2. the effective date of such termination; and
3. in the case of partial termination, the portion of the Sub -recipient agreement to be terminated.
Appeal will be made to the Deputy Director of Homeland Security, Department of Public Safety.
Enforcement
In taking an enforcement action, the awarding agency will provide the sub -recipient an opportunity for such hearing, appeal, or other
administrative proceeding to which the sub -recipient is entitled under any statute or regulation applicable to the action involved.
Initial Date 1/1•4203°
Pape 3 OF 17
Conflict of interest
No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
Monitoring
Sub -recipients will be monitored periodically by federal or state agencies, both programmatically and financially, to ensure that project goals,
objectives, performance requirement, timelines, milestone completion, budget, and other related program criteria are being met.
DPS/SAA reserves the right to perform periodic office -based and/or on-site monitoring of the Sub -recipient's compliance with this
Sub -recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub -recipient's performance pursuant to this
Sub -recipient agreement. After each monitoring visit, DPS/SAA shall provide the Sub -recipient with a written report of the monitor's
findings. If the monitoring report notes deficiencies in the Sub -recipient's performance under this Sub -recipient agreement's terms, the
monitoring report shall include requirements for the timely correction of such deficiencies by the Sub -recipient. Failure by the Sub -recipient
to take action specified in the monitoring report may be cause for this Sub -recipient agreement's suspension or termination pursuant to the
Suspension and/or Termination Section.
Audit
Audit of Federal and State Funds. The Sub -recipient shall arrange for the performance of an annual financial and compliance audit of
Sub -recipient agreement funds received and performances rendered under this Sub -recipient agreement as required by the Single Audit
Act (OMB Circular A — 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub -recipient will also comply, as applicable, with Texas
Govemment Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative
Requirements for Grants and Cooperative Agreements.
DPS/SAA's Right to Audit. DPS/SAA reserves the right to conduct a financial and compliance audit of Sub -recipient agreement funds
received and performances rendered under this Sub -recipient agreement. The Sub -recipient agrees to permit DPS/SAA or its authorized
representative to audit the Sub -recipient's records. The sub -recipient shall provide any documents, materials or information necessary to
facilitate such audit.
Sub-redoient's Liability for Disallowed Costs. The Sub -recipient understands and agrees that it shall be liable to DPS/SAA for any costs
disallowed pursuant to financial and compliance audit(s) of Sub -recipient agreement funds. The Sub -recipient further understands and
agrees that reimbursement to DPS/SAA of such disallowed costs shall be paid by the Sub -recipient from funds that were not provided or
otherwise made available to the Sub -recipient pursuant to this Sub -recipient agreement or any other federal contract.
Sub-recioient's Facilitation of Audit. The Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted
pursuant to this Section as DPS/SAA may require of the Sub -recipient. The Sub -recipient shall ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Sub -recipient and the requirement to cooperate is included in any
subcontract it awards.
Other Requirements
A. During the performance period of this grant, Sub -recipients must maintain an Emergency Management Plan at the Intermediate
Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM) . This may be
accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter -jurisdictional emergency
management program that meets the required standards. If TDEM identifies deficiencies in the Sub -recipient's plan, Sub -recipient will
correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.
Initial
Date �.t, 10
Pape 4 OF 17
B. Projects identified in the SAA web -based grant management system must identify and relate to the goals and objectives indicated
by the applicable approved project investments for the period of performance of the grant.
C. During the performance period of this grant, Sub -recipient agrees that it will participate in a legally -adopted county and/or regional
mutual aid agreement.
D. During the performance period, the Sub -recipient must be a registered user of the Texas Regional Response Network (TRRN) and
identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units
equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to
ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid.
E. Sub -recipients must submit Fiscal Year 2010 Indirect Cost Allocation Plan signed by Cognizant Agency - "Cognizant agency"
means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals
developed under 2 CFR part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies. Plan should be
forwarded to the SAA along with the Planning and Administration Grant Budget Form.
F. Council of Governments (COG) will follow guidelines listed in the SAA FY 10 COG Statement of Work.
G. Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non-exclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal govemment purposes: (1) the copyright in any
work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases
ownership with Federal support. The sub -recipient agrees to consult with DPS/SAA regarding the allocation of any patent rights that
arise from, or are purchased with, this funding.
Closing the Grant
A. The Sub -recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the
end of the performance period listed on the sub -recipient agreement.
B. DPS/SAA will close a sub -award after receiving Sub -recipient's final performance report indicating that all approved work has been
completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling
actual costs to awards modifications andayments. If the close out review and reconciliation indicates that the Sub -recipient is owed
additional funds, DPS/SAA will send the final payment automatically to the Sub -recipient. If the Sub -recipient did not use all the funds
received, DPS/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds.
C. At the completion of the sub -recipient's performance period, DPS/SAA will de -obligate all uncommitted / unexpended funds.
Restrictions. Disclaimers and Notices
A. In cases where local funding is established by a COG or UASI, governing board, the release of funds by DPS/SAA is contingent
upon funding allocation approval by the goveming board.
B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DPS/SAA's obligations under this
agreement are contingent upon the receipt of adequate funds to meet DPS/SAA's liabilities hereunder, except as required by IECGP
and HSGP grants. DPS/SAA shall not be liable to the Sub -recipient for costs under this Agreement which exceed the amount specified
in the Notice of Sub -recipient Award.
C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed
by registered mail or certified mail, retum receipt requested, or sent by ovemight courier, such as Federal Express, to the other party at
Its respective address set forth below or to the Point of Contact listed for the sub -recipient in the SAA Grants Management System
shall be deemed received the following business day.
Initial Date II -j� • I o
Page 5 OF 17
DPS/SAA Contact Information
Deputy Director, Homeland Security
Texas Department of Public Safety
State Administrative Agency
P.O. Box 4087
Austin, TX 78773-0220
Sub -Recipient Contact Information
(Please FIII-In Contact Information below)
Name: AlAn kr-60w
Title: MNY�
Agency: l/ '(
U J K
Address: 2u v. 144114 gyee4
'lectitmci
44l y{e-
'l;ptimd i< b664
Uniform Administrative Requirements. Cost Principals and Audit Requirements
Except as specifically modified by law or this Sub -recipient agreement's provisions, the Sub -recipient shall administer the award through
compliance with the most recent version of all applicable Laws and Regulations. A non-exclusive list is provided below
A. Administrative Requirements
1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Govemments;
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Non -Profit Organizations (OMB Circular A-110).
B. Cost Principles
1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Govemments (OMB Circular A-87)
2. 2 C.F.R. Part 220, Cost Principles for Education Institutions (OMB Circular A-21)
3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122)
4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations
C. Audit Requirements — OMB Circular A-133, Audits of States, Local Govemments and Non -Profit Organizations.
D. Sub- recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment,
repeal, modification or adoption of any law, regulation or policy, at any level of govemment, without the express prior written approval of
FEMA.
E. The sub -recipient agrees that all allocations and use of funds under this grant will be in accordance with the applicable FY2010
Grant Program Guidance and Application Kit.
F. The recipient must provide information to FEMA to assist with the legally -required environmental planning and historic preservation
(EHP) review and to ensure compliance with applicable EHP laws and Executive Orders (EO). These EHP requirements include but
are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, EO 11988 —
Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. The recipient must comply with
all Federal, State, and local EHP requirements and obtain applicable permits and clearances.
Recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or relates to the
use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical
security enhancements involving ground disturbance, new construction, and modifications to buildings that are 50 years old or older.
Recipient must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any
changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can
proceed. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance
and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify
FEMA and the appropriate State Historical Preservation Office. Initiation of these activities prior to completion of FEMA's EHP review
will result in a non-compliance finding and may not be eligible for grant funding.
G. Sub -recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub -recipient
agreement's activities and performances rendered by the Sub -recipient including but not limited to the laws and the regulations
promulgated in State Administrative Agency Information Bulletins, and Texas Uniform Grants Management Standards (UGMS).
H. The sub-recipient(s) must, in addition to the assurances, comply and require each of its subcontractors employed in the completion
of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of the award,
and the approved application.
Initial Date 11.23.10
Page 6 OF 17
Retention and Accessibility of Records
Retention of Records. The Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub -recipient
agreement funds pursuant to the applicable OMB Circular and this Sub -recipient agreement. The Sub -recipient shall retain these records
and any supporting documentation for the greater of three (3) years from the completion of this project's public objective, including program
requirements and financial obligations, or the period of time required by other applicable laws and regulations. Sub -recipient shall comply
with 44 CFR Section 13.42 and UGMS §-_ 42
Access to Records. The Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the
United States, the Texas State Auditor, DPS/SAA, or any of their duly authorized representatives, access to and the right to examine all
books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub -recipient pertaining to this
Sub -recipient agreement including records conceming the past use of DHS/FEMA funds. Such rights to access shall continue as long as
the records are retained by the Sub -recipient. The Sub -recipient agrees to maintain such records in an accessible location and to provide
citizens reasonable access to such records consistent with the Texas Public Information Act, , and Texas Govemment Code Chapter 552.
Inclusion in Subcontracts. The Sub -recipient shall include the substance of this Section in all subcontracts.
Legal Authority
Sianatory Authority. The Sub -recipient assures and guarantees that the Sub -recipient possesses the legal authority to enter into this
Sub -recipient agreement, receive Sub -recipient agreement funds and to perform the services the Sub -recipient has obligated itself to
perform pursuant to this Sub -recipient agreement.
Authorized Representative. The person or persons signing and executing this Sub -recipient agreement on the Sub -recipient's behalf do
warrant and guarantee that he, she or they have been duly authorized by the Sub -recipient to execute this Sub -recipient agreement on the
Sub -recipient's behalf and to validly and legally bind the Sub -recipient to all contractual terms, performances and provisions.
Conflicts in Reauirements. If conflict exists between federal, state, or local requirements, the sub -recipient shall comply with the strictest
requirement..
Notice of Litigation and Claims
The Sub -recipient shall give DPS/SAA immediate notice in writing of any action, including any proceeding before an administrative agency,
filed against the Sub -recipient arising out of the performance under this Sub -recipient agreement
Except as otherwise directed by DPS/SAA, the Sub -recipient shall fumish immediately to DPS/SAA copies of all documentation or pleadings
received by the Sub -recipient with respect to such action or claim.
Non -Waiver of Defaults
ANY FAILURE OF DPS/SAA, AT ANY TIME, TO ENFORCE OR REQUIRE THE STRICT KEEPING AND PERFORMANCE OF ANY
PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR
SAME OR THE RIGHT OF DPS/SAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS
DPS/SAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/SAA SHALL NOT CONSTITUTE A WAIVER
OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPS/SAA TO ENFORCE
ITS RIGHTS, AS SUCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY PRESERVED.
Initial 404%^� Date 1.1. 2 • W
Page 7 OF 17
Indemnity
AS PERMITTED BY LAW, SUB -RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPS/SAA AND THE STATE OF TEXAS
(INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES, AGENTS AND THEIR SUCCESSORS) INDEMNITEES") HARMLESS
FROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT OF OR RESULT FROM SUB -RECIPIENTS NEGLIGENCE (ANY
AND ALL), FAULT, ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR
FEDERAL LAW AND/OR REGULATION, AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND/OR
CONVENTION AND/OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES;
LIABILITIES; PENALTIES; TAXES; FINES; INTEREST; EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT
COSTS, INVESTIGATION COSTS AND ALL DIRECT OR INDIRECT COSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY
CLAIM, LAWSUIT, OR OTHER PROCEEDING, INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR
ALTERNATIVE DISPUTE RESOLUTION); ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH AS DIRECT, GENERAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO
THIS AGREEMENT OR THE RIGHTS PROVIDED THEREIN.
IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB -RECIPIENT OR ANY EMPLOYEE
OF ITS SUBCONTRACTOR(S), THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY
BY THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB -RECIPIENT OR ANY
OF ITS SUBCONTRACTOR(S) UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER
EMPLOYEE BENEFITS ACTS.
SUB -RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE
OF TEXAS AS REQUESTED BY THE DPS/SAA. IN ANY SETTLEMENT, SUB -RECIPIENT MUST NOT MAKE ANY ADMISSION OF
LIABILITY ON THE PART OF ANY OF THE INDEMNITEES.
THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR
RIGHT WHICH ANY OF THE INDEMNITEES HAVE BY LAW OR EQUITY.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Changes and Amendments
Written Amendment. Except as specifically provided otherwise in this Sub -recipient agreement, any alterations, additions or deletions to
this Sub -recipient agreement's terms shall be made through Grant Adjustment Notices generated by the SAA web -based grants
management system and executed by the Parties.
Authority to Amend. During the period of this Sub -recipient agreement's performance DPS/SAA and/or FEMA may issue policy directives
that serve to establish, interpret or clarify this Sub -recipient agreement's performance requirements. Such policy directives shall be
promulgated by DPS/SAA or FEMA in the form of Information Bulletins and shall have the effect of qualifying this Sub -recipient agreement's
terms and shall be binding upon the Sub -recipient as if written in the Sub -recipient agreement.
Effect of Chanaes in Federal and State Laws. Any alterations, additions, or deletions to this Sub -recipient agreement's terms that are
required by the changes in federal and state laws or regulations are automatically incorporated into this Sub -recipient agreement without
written amendment to this Sub -recipient agreement and shall become effective on the date designated by such law or regulation. . In the
event FEMA or DPS/SAA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been
made, any subsequent request for funds will indicate sub -recipient acceptance of the changes to the award.
Initial Date I( • 244 L�
Page 8OF17
Headings
Headings and captions of this Sub -recipient agreement's sections and paragraphs are only for convenience and reference. These headings
and captions shall not affect or modify this Sub -recipient agreement's terms or be used to interpret or assist in the construction of this
Sub -recipient agreement.
Venue
For purposes of litigation pursuant to this Sub -recipient agreement, venue shall lie in Travis County, Texas, and be govemed by Texas Law.
Initial 4- Date ) 1.23'/o
Page 9 OP 17
Special Conditions
2010 Operation Stonegarden (OPSG) Specific:
1) The recipient is prohibited from obligating or expending Operation Stonegarden (OPSG) funds provided through this award until
each unique, specific or modified county level or equivalent Operational Order/Frag Operations Order with embedded estimated
operational budget has been reviewed and approved through an official email notice issued by FEMA removing this special
programmatic condition. The Operations Order approval process/structure is as follows: Operations Orders are submitted to (1) the
appropriate Customs and Border Protection (CBP) Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ,
forwarded through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG Coordinator, CBP/BP
Washington, DC and upon approval forwarded to (3) Federal Emergency Management Agency (FEMA), Grant Programs Directorate
(GPD). Grant Development and Administration Division (GD&A). Notification of release of programmatic hold will be sent by FEMA via
email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at CBP/BP HQ, Washington DC.
General:
1)
a) Provisions applicable to a sub -recipient that is a private entity.
i) You as a sub -recipient, your employees, may not:
(1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in effect or
(3) Use forced labor in the performance of the award or sub -award under this award.
ii) We may unilaterally terminate this award, without penalty, if the sub -recipient that is a private entity:
(1) Is determined to have violated a prohibition in paragraph 1a of this award term; or
(2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a
prohibition of this award term through conduct that is either:
(a) Associated with performance under this award; or
(b) Imputed to you or the sub -recipient using the standards and due process for imputing the conduct of an individual
to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Govemment Debarment and
Suspension (Non -procurement)," as implemented at 2 CFR Part 3000.
b) Provisions applicable to a sub -recipient that is other than a private entity. We may unilaterally terminate this award, without
penalty, if the sub -recipient that is a private entity:
i) Is determined to have violated a prohibition in paragraph la of this award term; or
ii) Has an employee who is determined by the agency official authorized to terminate the award to have violated an
applicable prohibition in paragraph al of this award term through conduct that is either.
(1) Associated with performance under this award; or
(2) Imputed to you or the sub -recipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Govemment Debarment and
Suspension (Non -procurement)," as implemented at 2 CFR Part 3000.
c) Provisions applicable to any recipient:
i) You must inform us immediately of any information you received from any source alleging a violation of a prohibition in
paragraph al of this award term.
ii) Our right to terminate unilaterally that is described in 1 b or 2 of this section:
and Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g),
(2) Is in addition to all other remedies for noncompliance that are available to us under this award.
Initial Date «"U•
Paye 10 of 17
2)
iii) You must include the requirements of la of this award term in any sub -award you make to a private entity.
d) Definitions. For purposes of this award term:
i) "Employee" means either:
(1) An individual employed by a sub -recipient who is engaged in the performance of the project or program under this
award: or
(2) Another person engaged in the performance of the project or program under this award and not compensated by you
including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
ii) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision,
or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
iii) "Private entity" means:
(1) Any entity other than a State, local govemment, Indian Tribe, or foreign public entities, as those terms are defined in 2
CFR 175.25.
(2) Includes:
(a) A non-profit organization, including any nonprofit institution of higher education, hospital, or tribal organization
other than one included in the definition of Indian Tribe at 2CFR 175.25(b).
(b) A for-profit organization
iv) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meaning given at section 103 of the
TVPA, as amended (22 U.S.C. 7102).
a) Classified national security information as defined in Executive Order (EO) 12958, as amended, means information that has
been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is
marked to indicate its classified status when in documentary form.
b) No funding under this award shall be used to support a contract, sub -award, or other agreement for goods or services that will
include access to classified national security information if the award recipient has not been approved for that access to such
information
c) Where an award recipient has been approved for and has access to classified national security information, no funding under
this award shall be used to support a contract, sub -award, or other agreement for goods or services that will include access to
classified national security information by the contractor, sub-awardee, or other entity without prior written approval from the DHS
Office of Security, Industrial Security Program Branch(ISBP), or an appropriate official within the Federal department or agency with
whom the classified effort will be performed.
d) Such contracts, sub -awards, or other agreements shall be processed and administered in accordance with the DHS " Standard
Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 20089: EO's 12829, 12959, 12968, as
amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives
or instruction. All security requirement documents are located at http;//www.dhs/gov/xopnbiz/grants/index.shtm.
e) Immediately upon determination by the award recipient that funding under this award will be used to support such a contract,
sub -award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub -award, or
other agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and
processing instructions.
Please fill in the appropriate information and sign.
Ata% M5 6rraw
Type Name of Authorized Official
MNyAr'
Title
• of�
Su lent Organization.
Date
Signature of Authorized Official
Initial /o "- Date 11.23.10
Page 11 OF 17
EXHIBIT A
ASSURANCES - NON -CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub -recipient, I certify that the sub -recipient:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described
in this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. WiII comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being
made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles I1 and 111 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards
for federally -assisted construction sub -agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood
insurance if,the total cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of food hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system. 4
Initial
Date tt.n. to
13. Will assist the awarding agency io assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities
supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the
care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of
assistance.
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based
paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies goveming this
program.
Please fill in the appropriate information and sign.
A1411 M\4'6rraw
Type Name of Authorized Official
MAyr
Title
o 1201A/ici gdd -
iplen't Organization
ature of Authorized Official
Initial `�� Date I1.i 340
Page 13 OF 17
EXHIBIT B
ASSURANCES - CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub -recipient, I certify that the sub -recipient:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in
this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a
proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without
permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life
of the project.
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of
construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete
work conforms with the approved plans and specifications and will fumish progressive reports and such other information as may be
required by the assistance awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based
pain in construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
the CMI Rights Act of 1968 (42 U.S. seq.),nondiscrimination $ (n) l or n ie VIf of
housing; ( any other nondiscrimination§provisio sthe specific statue(s) under which greement for Federal assistance is being f
made; and(j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement.
11. Will comply, or has already complied, with the ruirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646 which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal and federal y -assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards
for federally -assisted construction sub -agreements.
14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L.
93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is $10,000 or more.
Initial
Date It •23' 1.0
Page 14 of 17
15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies goveming this
program.
Please fill in the appropriate information and sign.
h M=(haw
Type Name of Authorize Official
MGybr--
Titie
C.i+y ef- Rand Qock
ub,�cip nt Organization
Inn
Signature of Authorized Official
1(23.(o
Date
Initial Date 11.2, 10
Page 1S OF 17
Exhibit C
Certifications
The undersigned, AIM 144 W (print), as the authorized official of effy0 f vosolti azie. certifies the following
to the best of his/her knowledge an elief.
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
of modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form -LLL 'Disclosure of Lobbying Activities," in accordance with its instructions
C. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all
tiers (including subcontract, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective
participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The
Sub -recipient certifies that it and its principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a
State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub -recipients
can access debarment information by going twww.eols.gov and the State Debarred Vendor ListJlttp://www.window.state.txus/prc
htto://www.window.state.tx.us/nrocurement/vroa/vendor performance/debarreW
2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State, or local)
with commission of any of the offenses enumerated in paragraph (DX2) of this certification; and
4. Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
5. Where the sub -recipient is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this agreement. (Federal Certification)
E. The Sub -recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that
have been appropriated for the same purpose. Sub -recipient may be required to supply documentation certifying that a reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.
F. Sub -recipient must comply with 2 CFR Part 180 Subpart C as a condition of receiving grant funds, and sub -recipient must
require such compliance in any sub -grants or contract at the next tier.
G. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this program.
H. Drug-free Workplace Act, as amended, 41 U.S.C. §701 et seq. — Requires the recipient to publish a statement about its
drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel)
who will be involved in award -supported activities at any site where these activities will be carried out. Also, place(s) where work is
being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify
the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional
information, see 44 CFR Part 17.
Initial
Date (1.7/3. l U
Page 16 OF 17
I. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant
funds.
Please fill in the appropriate information and sign.
414/1 Mira
Type Name of Authorize l
Title
Mayou
of !,pri Qoct
Sub -re Organization
Organization
Signature of Authorized Official
Date
Initial Date ((2.10
Page 17 Of 17