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R-11-12-15-11D4 - 12/15/2011 RESOLUTION NO.R-11-12-15-11D4 WHEREAS, the Texas Department of Public Safety has issued "2010 Grant Adjustment Notice" modifying the City of Round Rock's FY 2010 Urban Area Security Initiative (UASI) Grant award amount, and WHEREAS, the City Council wishes to authorize the Mayor to execute the "2010 Grant Adjustment Notice",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 the "2010 Grant Adjustment Notice" form required by the Texas Department of Public Safety regarding the UASI Grant, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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 15th day of December, 2011. rr ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: &0& ' !� SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\1104\MUNICIPAL\0023913 LDOChmc EXHIBIT „A„ Texas Department of Public Safety 2010 Grant Adjustment Notice for City of Round Rock October 4,2011 2.Prepared by: Hatfield,Bryan 13.SAA Award Number: 10-GA 63500-03 Federal Grant Title: Urban Area Security Initiative (UASI) Mayor Alan McGraw City of Round Rock Federal Grant Award Number: 2010-SS-TO-0008 221 E. Main St. Date Federal Grant Awarded to TxDPS: August 1,2010 Round Rock,TX 78664 Department of Homeland Security Federal Granting Agency: FEMA Grant Programs Directorate Grant Period: UASI Award Amount (Federal) From: To: CFDA: 97.008Aug 1,2010 Dec 31,2012 (The SAA must receive a�invoices by the and of grant $250,000-00 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. S.Debarment/Suspension Certiification: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 Approving TxDPS Official: Signature of TxDPS official: Machelle Pharr , Deputy Assistant Director State Administrative Agency Texas Department of Public Safety 11 have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub-Recipient official: Signature of Sub-Recipient official: 11.Enter Employer Identification Number(EIN)/Federal Tax Identification Number: 12.Date Signed: 13.DUE DATE: Signed award and Direct Deposit Form(if applicable)must be returned to TxDPS on or before the above due date. 2010 TERMS AND CONDITIONS V Nix Y 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-mciplent 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 agreements 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 Pape 2 Of 17 DPS/SAA Obligations Measure of Liability.OPS/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 terns, 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. Tennination DPS/SAA's Richt 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 agreements 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-redpient is entitled under any statute or regulation applicable to the action involved. Initial Date Papa 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-recipients 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 agreements 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 Ad(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.etseq.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 ,�j�b-reanienYs 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 audits)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-redpient pursuant to this Sub-recipient agreement or any other federal contract. Sub-recipients 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 Reauirements A. During the performance period of this gra� emergen Sub-recipients must maintain an Emergency Management Plan at the Intem►ediate Level of planning preparedness or higher,as escribed by the Texas Division of Emergency Management(IDEM). This may be accomplished by a jurisdiction maintaining its n managemprogm thatmeetsthe requiredtandards. If TDEM identifies deficiencies in the Sub-redpienYs plan,Sub-redprent�nnll correct defict es within 60 days of recennng notice of such deficiencies from Tf3 M. 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,eta).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-redpient 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 dose a sub-award after receiving Sub-recipients 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 dose out review and reconciliation indicates that the Sub-recipient is owed additional funds,DPS/SAA will send the final payment automatically to the Sub-redpient 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 when: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 requesteli,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 Sub-Recipient Contact Information (Please Fill-In Contact Information below) Deputy Director,Homeland Security Name: Texas Department of Public Safety Title: State Administrative Agency Agency: P.O.Box 4087 Address: Austin,TX 78773-0220 Uniform Administrative Requirements, Cost Pdhch2als 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.Part230, Cost Principles for Non-Profit Organizations(OMB Circular A-122) 4. Federal Acquisition Regulations(FAR)Subpart 31.2,Contrails 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 government,without the express prior written approval of 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 profed description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities rd uring pro� ma menn, erpient mustensure monitoring of ground disturbance and if anypotentiaarcheological resourcearediscove ,the recipientlliediately ceaseconstruction in that anew and notfy FEMA and theapproriateHistolPreseryationfice. 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-recipients)must,in addition to the assurances,comply and require each of its subcontractors employed in the completion of the project to comp 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 Signatory Authofity. 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-recipients 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 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 Pape 7 OF 17 Indemnity AS PERMITTED BY LAW,SUB-RECIPIENT SHALL INDEMNIFY,DEFEND AND HOLD DPS/SAA AND THE STATE OF TEXAS PINCLUDING 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-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 agreements 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. F_ffact of Chanes 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 shah 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 Head= 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 Papa 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,CBPBP 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 CBPBP 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 Government 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: Q 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 a1 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 a1 of this award term. ii) Our right to terminate unilaterally that is described in lb or 2 of this section: (1) Implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA),as amended(22 U.S.C.7104(g), and .12) Is in addition to all other remedies for noncompliance that are available to us under this award. Initial Date Paye 10 of 17 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) Incudes: (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). ( ) -P b A for-profit organization iv) 'Severe forms of trafficking in persons,""commercial sex ad;and"coercion'have the meaning given at section 103 of the TVPA,as amended(22 U.S.C.7102). 2) 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 witty 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;/Mwww.dhs/gov/xopnbiz/grantsrindex.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 vage 11 of 17 EXHIBIT A ASSURANCES-NON-CONSTRUCTION PROGRAMS As the duly authorized representative of the sub-recipient,1 certify that the sub-recipient: 1. Has the legal author to apply for Federal assistance and the institutional,managerial and financial capability(including funds sufficient to pay the non- ederal 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 Ad of 1970(42 U.S.C.x§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. Wil comply with all Federal statutes relating to nondiscrimination.These include but are not limited to:(a)Title VI of the Civil Rights Ad 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 Ad of 1973,as amended(29 U.S.C.§§794),which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Ad 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 Ad 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 Ad 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 Ad of 1912 (42 U.S.C.§§290 cid-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights Ad 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 statutes)under which agreement for Federal assistance is being made;and,�)the requirements of any other nondiscrimination statutes)which may apply to the application. 7. WU comply:or has already compiled,with the requirements of Tides 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Ad 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 Ad(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 Ad(40 U.S.C.§§276a to 276a-7),the Copeland Ad(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 Ad of 1969(P.L 91-190 and Executive(leder(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 Ad of 1972( 6 U.S.C.§§1451 et seq.);(f)conformity of Federal actions to State (Lean Air)Implementation Plans under Section 176(c)of the Clean Air Ad of 1955,as amended(42 t1.S.C.§§7401 et seq.);(g) protection of underground sources of drinking water under the Safe Drinking Water Ad of 1974,as amended(P.L.93-523);and,(h) protection of endangered species under the Endangered Species Ad of 1973,as amended(P.L.93-205). 12. Will comp) with the Wild and Scenic Rivers Act of 1968(16 U.S.C.§§1271 et seq.)related to protecting components or potential components ofthenational wild and scenic rivers system. Initial Date Paye 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 projed 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.5§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)Tide VI of the Civil Rights Ad 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 Ad of 1975,as amended(42 U.S.C.§§6101107),which prohibits discrimination on the basis of age;(e) the Drug Abuse Office and Treatment Ad 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 rand of the of 1970 c7Health 91-616),Service a of 912ed, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(g)§§ (42 U.S.C.§§290 dd-3 and 290 ee 3),as amended,relating to confidentiality of alcohol and druy abuse patient records;(h)Title VIII of the Civil Rights Ad 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 0)the requirements of any other nondiscrimination statue(s)which may apply to the agreement. 11. WA comply,or has already complied,with the requirements of Tides 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Ad 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 Ad(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 Ad(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 Ad(4b U.S.C.§§327-333)regarding labor standards or federally-assisted construction sub-agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Ad 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 Pape 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(42i1.S.C.§ 7401 et seq.);(g) protection of underground sources of drinkin 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. Type Name of Authorized Official Title Sub-recipient Organization Signature of Authorized Official Date Initial Date vape 15 of 17 Exhibit C Certifications The undersigned, (print),as the authorized official of certifies the following to the best of his/her no ledge be ie. 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 fad 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,titre 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 Omer 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 departrnent or agency;Sub-recipients can access debarment information by going taNww eols.gov and the State Debarred Vendor List bttp.lAvww.wfndow.state.tx.us/prc httrp:lh-A:✓windpw state tx us/nrocurement/nroa/vendor verformanoe/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(13)(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. Wail 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 Ad,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 carded 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.1 he reapient 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 Pape 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 Paye 17 of 17 No Text k1qDROCK,TEXAS City Council Agenda Summary Sheet PASSION.PROBPE M Agenda Item No. 11D4. Consider a resolution authorizing the Mayor to execute "2010 Grant Adjustment Notice" form required by the Texas Department of Public Safety regarding the City's FY2010 UASI Agenda Caption: Grant. Meeting Date: December 15,2011 Department: Administration Staff Person making presentation: Brad Bradford Emergency Management Coordinator Item Summary: When this grant was initially sought in 2009, the proposed funding amount was$350,000 for a performance period of 30 months. A delay in funding and shortened performance period resulted in the UASI Coordinating Committee's adjustment in the amount of funds that could be expended on authorized expenditures in the projects' original Proposed Funding by Solution Area. The reduced award amount requires a grant adjustment in the amount of $100,000, decreasing the Award Amount from $350,000 down to $250,000. The $100,000 difference is to be redirected to the UASi Coordinating Committee for reinvestment within the UASI. The GAN process requires submitting a signed copy of the GAN to the SAA,and the Mayor is the designated signature authority for this award. Cost: N/A Source of Funds: N/A Date of Public Hearing(if required): N/A Recommended Action: Approval I EXECUTED DOCUMENTS FOLLOW Texas Department of Public Safety 2010 Grant Adjustment Notice for City of Round Rock October 4,2011 2.Prepared by: Hatfield,Bryan 3.SAA Award Number: 10-GA 63500-03 Federal Grant Title: Urban Area Security Initiative Mayor Alan McGraw (UASI) City of Round Rock Federal Grant Award Number: 2010-SS-TO-0008 221 E. Main St. Round Rock,TX 78664 Date Federal Grant Awarded to TxDPS: August 1,2010 Department of Homeland Security Federal Granting Agency: FEMA Grant Programs Directorate Grant Period: UASI Award Amount (Federal) From: To: CFDA: 97.008 Aug 1, 2010 Dec 31, 2012 (The SAA must receive all invoices by the end of grant $250,000.00 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 Approving TxDPS Official: Signature of TxDPS Official: ea Machelle Pharr Deputy Assistant Director State Administrative Agency Texas Department of Public Safety I have read and understand the attached Terms and Conditions. Type name and title of Authorized�pient official: Signature of Sub-Recipient Official: l► L'i_ _ &A c_ 11.Enter Employer Identification Number(EIN)/Federal Tax Identification Number: 12.Date Signed: 12 h 13.DUE DATE: Signed award and Direct Deposit Form(if applicable)must be returned to TxDPS on or before the above due date. i2�c(.-12--15 - I ( G� 2010 TERMS AND CONDITIONS The SO4,*Went:mttit, r. ate tt8ctaidrr end Fmin ffr8 S - nt . ow*" rey ►.irrr rrct +e r r s na ca as s by#,laft 3: F therdtrcfon �t b fill! m cntacfntcrrrrJcxr 4 Co td'thb* ala A�71 ��t�et � � $. �tgktt ally 4 Jn, 1�'�, JM the tldnSh i./��in V*agreitr»srrt,„,: Parties to Sub-re ' int reement 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/SSM 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 feder9l.pVogpam funds adt�inistered by r DPS/SAA until repayment to DPS/SAA is made and any Qtfier 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-reci6ent 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-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. x 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. SIM12ension In the event the Sub-recipient fails to comply with any of this Sub-recipient Agreements 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 Riaht 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 applicabl o the lion involved. i + •• ,":. Initial Date 12.1 . Cape 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-recipients performance pursuant to this Sub-recipient agreement. After each monitoring visit,DPS/SAA shall provide the Sub-recipient with a written report of the monitors 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. Falun: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. AU& Audit of Federal and State Funds, The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of AS 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 comp)yy,as applicable,with Texas Government Code,Chapter 783, 1 TAC 5.141.et.seq.and the Uniform Grant Management Standards(UG S),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-recipients 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-recipients 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. tt I Initial Date t�.' •` I 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 penod 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 als developed under 2 CFR part responsible5 onbehalf of al F reviewing, agencies.OMand B approving publishes a listing of cognizant dant agenciess.ocation plans or indirect cost nroshould 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 dose 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 dose 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 requestefi,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 N Date l l- ;7. I I Page 5 OF 17 DPS/SAA Contact Information Sub-Recipient Contact Information (Please F1114n Contact Information below) Deputy Director, Homeland Security Name: Texas Department of Public Safety Title: State Administrative Agency Agency: P.O.Box 4087 Address: Austin,TX 78773-0220 (Iniform Administrative Refluirements 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. Part230, 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 government,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 or 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-recipidnt shall also comply with all other federal,state,and local laws and regulations applicable to this Sub-recipient promulgated in State Admieement's activities and n strati a Agency Informrformances rendered ation Bulletins,Sub-recipient the d Te as Uniform orrm Grants Management Standards but not limited to the laws and the regulations H. The sub-recipients)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 concemmg the past use of bHS/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 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 Renresentative. 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-recipients 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 SWCH RIGHTS, POWERS, PRIVILEGES,AND REMEDIES ARE SPECIFICALLY P ESERVED. 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-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 AMOUNT OR TYPE OF DAMAGESOR BENEFITS PAYABLE BY OR FOR THE SUB-RECIPIENT OR OF I SESUBCONTRACTOR(S)UNDER WO'KER'S DI ABILITCOMPENSATINY COMPENSATION TCTS, DISABILITY BENEFI S ACTS,OR OT ERY 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 agreements 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 agreements terms and shall be binding upon the Sub-recipient as if written in the Sub-recipient agreement. Fact of Chanes 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 1` Date I Paye 8 Of 17 Heap 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 ff^'-- Date -I' 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 prooess/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 Government 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 a1 of this award tern 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 a1 of this award term. ii) Our right to terminate unilaterally that is described in lb or 2 of this section: (1) Implements section 106(8)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 12-- \"J — Page 10 Of 17 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). 2) 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/grantsrindex.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 thea propriate information and sign. G Tye Name of Authorized Official U�ayz:lr_ Title ;111V S p nt Org n�zatio j Sigfi#tore o,Authorized Official Date Initial Date 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 capabilit (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;(gg)§§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'Qrder,(E0111514;(b)notification of violating facilities pursuant to EO 11738;(c)protection of wetlands pursuant to EO 11990;(d)evildati`On of Lod•#razardt 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 at 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 at setl.);•(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974.as amended(P.L.83-523);and,(h) protection of endangered species under the Endangered Species Act of 1973,as amendpo(P.L.93-20P). 12. Will comp) with the Wild and Scenic Rivers Act of 1968(16 U.S.P.§§1271 at seq.)related to protecting components or potential components ofthenational 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 rill in the appropriate information and sign. M-44o Vc- &-qw Type Name of Authorized Offlcial Title 4 Su ent Orga ' ation _ (2 . 1 11 Sigililiture of Authorized Official Date Initial Date (-Z' 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.+ "t 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. + i 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 i"ppendi► A 0fPP1Ws Standardo;for p.Medt System of Personnel Administration(5 C.F.R.900,Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Preventipn Ad(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$04 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;((9)§ 523 and 527 of the Public Health Service Act of 1912 (42 U.&C.§§290 dd-3 and 290 ee 3),as amended,relating to confidentiaiity o�alcohol and dru.9 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 there uirements 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 or 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$10,000 or more. . Initial Date Page 14 OF 17 15. Will comply with environmental standards which may be prescribed pursuant to the following. (a)institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)and Executive Order(EO)11514;(b)notification of violating facilities pursuant to EO 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplains in accordance with EO 11988;(e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. 1451 et seq.);eq.);(f)conformity of Federal actions to State (Clean Air)Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(�.L.93-523);and,(h) protection of endangered species under the Endangered Species Act of 1973,as amended(P.L.93-205). 16. Will comply with thti VWdehd$Genic Riv of 196816 U.S.C. 1271 et s components of the national wild and scenic rivers ystem. ( §§ �)relatetd;taprptect ng/compbnenk or potential 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 rill in the appropriate information and sign. 1 G,4,^41 Type qaTe of Authorized Official MAV ov-- Tit e 4�4 414 Sub- i organization II Signature of Authorized Official Date Initial T ' - Date Page 15 OF 17 Exhibit C Certifications as the authorized official of certifies the following The undersigned (print), to the best of hi er know edge Ind�ie 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 any person for B. If any funds other than Federal appropriated funds have been paid or will be paid to influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congresshall complete ,or an employee or a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned s 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 of not less than ion 1352, 3 0 and not more than Code.Any n pe for each such to file lure.a required certification shall be subject to a civil penalty 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 8 denial of Federal benefits by a State or Federal court,or voluntarily excluded from covered transactions by any Federal department oragenc Sub-:recipients can access debarment information by going tmnvww_h.eDs•aoy and theme tleba �d Vendor List�►ttp:hW* pdpw. a, nwindow, 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 unodr;a pjublic transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribei`y, falsification or destruction of records,making false statements,or receiving stolen property; civilly charged 3.withAcomm commission of presently of the for or offenses enumse erated d inlparagraph D)(2)dof this certification;and al entity(Federal,State,or local) A. :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 it 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 beinperformedcer the award ee�convicted ostreet f a violation of state,rim nal and drug statute that obe ccurs inthe workplace.Fon file.The or additionalient ust notify the G y information,see 44 CFR Part 11. 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. G i Ty a ame of Authorized tial � OY Title �j I �• ! Sub-reaps ... �rg :nation Signature of Authorized OffiGal Date Initial Date ��•��• t Paye 17 OF 17