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2011-11-29-4:00PM-REGULAR
BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 29, 2011 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 16: 3 Appointment of the following individuals to the Brazos County Historical Co mmission. Te rm of appointment for both individuals expire on December 31, 2012. • a. Fran Lamb • b. Randv Havnes 4 . Approva of the following committee members to evaluate statements of qualific from engineers for the Pendleton Drive property. • a. Duane Peters - County Judqe • b Kristy Roe - Tax Assessor /Collector • c. Irene Jett - Budget Officer • d Gary Arnold - County Engineer's Office • e Bill Ballard - County Attorney's Office (non - voting) • f Charles Wendt - Purchasing Agent (non - voting) 5 . Auth orization for the County Judge to sign sub - recipient agreements for the 201 Homeland Security Grant Program. 6 Manu Requisition to Anixter in the amount of $2,433.50 for cabling and parts for t he 2nd and 3rd floor remodel. Vol. fig' BRAZOS COUNTY 7. Payment Authorization to Rosser International Inc. in the amount of $1,580.00 for professional services for the Brazos County Detention Center. 8. Tax Refund Applications for the following: • a. Charles M. Fisher- overpayment - $95.38 • b. Stone Haven Management Corp.-overpayment-$563.50 • c. Mary Lou Norman - overpayment- $18.19 • d. Nonie A. Cornett II & Dana S. Cornett - overpayment -$314 11 9. Budget Amendments. Budget Amendments FY 11/12 9.1 -9.2 10. Requisition # 00036484 to Central Restaurant Products in the amount of $3,222.97 for the purchase of a food slicer for the Brazos County Jail. 11 . Requisition # 00036456 to Cook's Direct Inc in the amount of $3,667.98 for the purchase of two (2) metro heated cabinets for the Brazos County Jail 12. Requisition # 00036480 to Kesco in the amount of $573.84 for the purchase of two (2) sheet pan racks for the Brazos County Jail. 13. Personnel Change of Status. Personnel Action Forms 14. Payment of Claims. 15. Convene into Executive Session pursuant to Section 551.072 for deliberations about real property. 16. Consider and take action on the Executive Session. 17. Acknowledgement of the Brazos County Purchasing Department Update for the week of November 18 21. 2011 18. Sheriff's report on inmate population. 19. Announcement of interest items and possible future agenda topics. 20. Call for Citizen input and /or concerns. 21. Adjourn. 154 pg '211 Vol, PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Pg d,1 y poi, MINUTES November 29, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page 11- 29.pdf D File Stamped Agenda pdf `_= Sign in sheet.odf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, November 29, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2, Absent; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. There was no citizen' input. Consider and take action on agenda items 3 - 16: Vol. 64 pg. °� l BRAZOS COUNTY BRYAN,TEXAS 3. Appointment of the following individuals to the Brazos County Historical Commission. Term of appointment for both individuals expire on December 31, 2012. 12D Item 3.pdf • a. Fran Lamb • b. Randy Haynes Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 4. Approval of the following committee members to evaluate statements of qualifications from engineers for the Pendleton Drive property. 2 1 Item 4.pdf • a. Duane Peters - County Judge • b. Kristy Roe - Tax Assessor /Collector • c. Irene Jett - Budget Officer • d. Gary Arnold - County Engineer's Office • e. Bill Ballard - County Attorney's Office (non- voting) . f. Charles Wendt - Purchasing Agent (non- voting Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 5. Authorization for the County Judge to sign sub - recipient agreements for the 2011 Homeland Security Grant Program. Item 5 -Sub Recipient Award 11 -SR 48041 -01 Part 1 pdf Item 5 -Sub Recipient Award 11 -SR 48041 -01 Part 2 pdf "I Item 5- Sub Recipient Award 11 -SR 48041 -02 Part 1 pdf Item 5- Sub Recipient Award 11 -SR 48041 -02 Part 2 pdf The first grant is in the amount of $25,371.60 and the second grant is in the amount of $25,371.23. Both grant periods will run from September 1, 2011 through August 31, 2013. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Peters , Wassermann . 6. Manual Requisition to Anixter in the amount of $2,433.50 for cabling and parts for the 2nd and 3rd floor remodel. '? Item 6.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 7. Payment Authorization to Rosser International, Inc. in the amount of $1,580.00 for professional services for the Brazos County Detention Center. Item 7.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Vol, 90 Peters , Wassermann . 8. Tax Refund Applications for the following: Item 8.odf • a. Charles M. Fisher - overpayment - $95.38 • b. Stone Haven Management Corp.- overpayment - $563.50 • c. Mary Lou Norman - overpayment - $18.19 • d. Nonie A. Cornett II & Dana S. Cornett - overpayment - $314.11 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 0 -0. 9. Budget Amendments. Budget Amendments FY 11 /12 9.1 -9.2 Item 9.pdf 9.1 Reallocate funds for Capital Projects- Commissioners Court 9.2 Reallocate funds for Capital Projects- Commissioners Court Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 0 -0. 10. Requisition # 00036484 to Central Restaurant Products in the amount of $3,222.97 for the purchase of a food slicer for the Brazos County Jail. Item 10.odf Approved as submitted. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 0 -0. 11. Requisition # 00036456 to Cook's Direct, Inc in the amount of $3,667.98 for the purchase of two (2) metro heated cabinets for the Brazos County Jail. Item 11.odf Approved as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 0 -0. 12. Requisition # 00036480 to Kesco in the amount of $573.84 for the purchase of two (2) sheet pan racks for the Brazos County Jail. Item 12.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 0 -0. 13. Personnel Change of Status. Personnel Action Forms m Item 13.odf A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 0 -0. 14. Payment of Claims. There were no claims. 15. Convene into Executive Session pursuant to Section 551.072 for deliberations about real property. At this point the County Judge skipped down to consider items 17 through 20. Having considered items 17 through 20 at 4:13 p.m. the County Judge announced the meeting closed to the public and asked the following individuals to stay for the meeting: Bill Ballard, Civil Counsel Nina Means, Budget Analyst Bethany Eckstrom, Administrative Assistant Candy Gallego, Executive Assistant Katie Conner, County Auditor Kendra Suhling, Civil Counsel 16. Consider and take action on the Executive Session. At 5:10 p.m. the County Judge opened the meeting to the public and announced that no action would be taken on the closed Executive Session. 17. Acknowledgement of the Brazos County Purchasing Department Update for the week of November 18 -21, 2011 Item 17.odf The Court acknowledged receipt of the Purchasing Department update. 18. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 578 inmates in jail, 39 have electronic monitors and 28 are pending for monitors. 19. Announcement of interest items and possible future agenda topics. Commissioner Mallard reminded everyone of the winter meeting of the High Speed Rail Committee on December 1, 2011 at the La Salle Hotel. The County Judge announced that he would sign the order to lift the burn ban after Court today and would look at it again next week. 20. Call for Citizen input and /or concerns. There was no citizen input. 21. Agency/ Board/ Committee reports by Court members. There were no agency, board, committee reports. 22. Adjourn. vol. i_ -2 a The foregoing minutes of the Commissioners Court meeting held November 29. 2011 have been examined and are approved in open Court this day of a Lem6p ' r - 2011, in Bryan, Brazos County, Texas. Duane Peters County Judge Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Oft/ Lloyd W ssermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 Vol ISy� Page .2Q-3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on �' d�l of MIT /•! J - MC i of Texas Department of Public Safety E X T` ._A 2011 Sub - Recipient Award '` for Brazos county 1. General Award Warmed" Reference /Encumbrance Not Date of Award: November 17, 2011 Prepared By: Gabbart, Steven 8. SAA Award Number: 1l -SR 48041 -01 46 Sub- Raciplant Name and Address 5. Federal Grant Lnrottna!!on Federal Grant Tide: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Judge Duane Peters Federal Grant Award Number: EMW- 2011 -SS -00019 Brazos County Federal Granting Agency: Department of Homeland Security FEMA 200 South Texas Ave., Suite 332 Grant Programs Directorate Bryan, TX 77803 Date Federal Grant Awarded to TxDPS: October 7, 2011 CFDA: 97.067 b. Award Amount and Gran breakdowns SHSP $25,371.60 Grant Period: From: Sep 1, 2011 To: Aug 31, 2013 [ (The SM must receive all invoices by the and or grant pariod) 7. Statutory Authority for Grant: The Department of Defense and Full -Year Continuing Appropriations Act 2011 (Public Law 112 -10), and Section 2003 of the Homeland Security Act of 2002, as amended by section 101 of the implementing Recommendations of the 9/11 Commission Act, 6 U.S.C. 6084, S. Mathod of Payment: Primary method is reimbursement. 9. 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 ust System at http: / /www.epls.gov /epis /search.do 1 10. AgsncV Approving TxDPS Official: Machelle Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety 11. Sub- Reciplant Acceptance Signature of TxDPS official: se"(1t ".lit l l4. . I have read, understood and agree to this Sub - Recipient Agreament and ched Terms and conditions. Print name and title of Autitoriaed Sub - Recipient official: Si ra of Sub- Redplett dal: a Enter Employer IdettMe tion Number (EIN) or DUNS Number: DaN Signe : Fedora Tax Identification Number: d� �' I�03 l It� 11 UE DATE: 7anuory 5, 2011 Signed award and Direct Deposit Form must be returned to TxDPS on or before the due date. J Vol. � � pg. �,) 5_ 2011 TERMS AND CONDITIONS the Sub-rao hW most. 1. F'o M the lnt"*n and slgn the Sub- Rsclpknt AwanY Z Car* that' have read and undaratand the TO"n and Cond/l/ons by lnitiadng the bottom of each page, a flJl in the lnf m suw located on Pays 4. 4. Cert/fy to the statements PmVidad in Exhibits A, B, C and D located at the back of this document by fyling to contact 1n1brmaWn and algn/ng a# exhibits. A Return all documents to the DPSINSSAA on orbeibre itra date vJdsd in the tranamldaI letterandlbr Jn the This Sub - recipient Agreement (includes the Sub - recipient Award and the Terms and Conditions) is made and entered into by and betwee n the Department of public Safety /Texas Homeland Security State Administrative Agency, an agency of the State at Texas, hereinafter "DPS/THSSAA referred to as "and the funds recipient, hereinafter referred to as the "Sub-recipient. Furthermore, DPS/THSSAA and the Sub- reclplent are collectively herelnafter referred to as the 'Parties. The Sub - recipient Agreement is only an offer until the Sub - recipient returns the signed copy of the 2011 Sub - recipient Agreement on or before the date provided in the transmittal letter and /or in the Sub-recipient Agreement Award. Sub - incipient may not assign or transfer any interest in this Sub - recipient Agreement without the express, prior written consent of the DPSITHSSAA. --- re Standards All allocations and use of funds under this grant must be in accordance with the FY 2011 Grant Program Guidance for the Federal Grant Title specified on the Sub -reci lent Agreement Award. All award Sub - recipients are required to have read, understood and accepted the FY 2011 Grant Program Guidance as binding. wit The Sub - recipient shall perform all activities and projects entered into the DPS/THSSAA web -based grants management system which were approved by the THSSAA. The Sub - recipient shall perform all a ctivities in accordance with all terms provisions and requirements set forth in this Sub- recipient agreement, Terms and Co the end of this document nditions and the following Exhibits located to I. 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" 4. Assurance — From UGMS §_.14 hereinafter referred to as "Exhibit D' F� iILCH to Perinrm_ In the event the Sub - recipient fails to implement the project(s) entered into the DPS/THSSAA web -based grants management system, or comply with any of this Sub - recippient agreement's provisions, in addition to the remedies specified in ths i Sub- reciplent agreement, the Sub - recipient is liable to DPS/THSSAA for an amount not to exceed the award amount of this Sub recipient agreement and maybe barred from applying for or receivingg additional OHS /FEMA grant program funds or any other federal program funds administered by DPS/THSSAA until repayment to DPS/THSSAA is made and any other oomppliance or audit finding is satisfactorily DPS/THSSAA, resolved. Failure to timely implement projects may reduce future funding in additional OHS/FEMA grant programs administered by the PITUSSA costs. re of i:�tsility DPS/THSSAA shall not be liable to the Sub - recipient for any costs incurred by the Sub-recipient that are not allowable costs. agreement means nds provided by P under the DHS /FEMA grant Programs. The term " Sub- recipient's i fun sb" em atch fiords 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/THSSAA under this Sub - recipient agreement shall not exceed the Total Award Amount listed on the Sub - recipient Award. Sub - recipient shall contribute the match funds listed on the Sub - recipient Award. The Sub - recipient shall refund to DPSITHSSAA any sum of Sub - recipient agreement funds that has been paid to the u reap+ent by PSITHSSAA or that DPS/THSSAA determines has resulted in overpayment to the Sub - recipient or that DPS/THSSAA determines has not been spent by the Sub - recipient in accordance with this Sub - recipient agreement No refund a�) from local, state or federal grant funds unless repayyment with grant funds is specificanyy ppermitted by s tuts r regulation,t(The m ay made Sub - recipient shall make such refund to DPS/THSSAA within thirty (30) days after DPS/'f 8 a req s refund, Initial Date *Vj 1 �L[a aaasio.n In the event the Sub - recipient fails to comply with any of this Sub - recipient Agreement's terms, DPS/THSSAA may, upon written notification to the Sub-recipient, suspend this Sub- recipient agreement in whole or in part, withhold payments to the Sub- reciplent and prohibit the Sub - recipient from incurring additional obligations of Sub - recipient agreement funds. Termina don DPS/THSSAA shall have the right to terminate this Sub - recipient agreement, in whole or in part, at any time before a en othence Period, whenever DPSfTHSSAA determines that the Sub - recipient has failed to corn this Sub - recipient Agreement's terms. DPS/THSSAA shall notify the Sub - recipient in wrn ply with any of termination of such determination and include: 9 prior the thirtieth (30th) day preceding the 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 may be made to the Deputy Director of Homeland Security, Department of Public Safety. EAfowmant In taking an enforcement action, the awarding agency will provide the sub - recipient an opportunity for such hearing, appeal, or other administrative proceeding to which the sub - recipient is entitled under any statute or regulation applicable to the action involved. .Q9nf 1Ct 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. M017 tip Sub - recipients will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirement, timelines, milestone completion, budget, and other related program criteria are being met DPSfTHSSAA or its authorized representative reserves the right to perform periodic desk/office-based and/or on -site monitoring of the Sub - recipient's compliance with this Sub - recipient agreemens terms and conditions and of the a Sub - recipient's performance pursuant to this Sub-recipient aggreement. After each monitor visit DP s the Sub- reciplent with a written report of the monitor's findings. li the monitoring report Hates de iencles In the Sub - recipient s performance under this Sub - recipient agreement's terms, the monitoring reports 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 germination pursuant to the Suspension and/or Termination Section. AALM "tJ it Of FAHM-Al and State Funds. The Sub - recipient shall arrange for the Performance of an annual financial and co mpliance audit of u - recl pien agreement nds received and performances rendered under this Sub - recipient agreement as g Is Act (OMB Circular A -133; 44 C.F.R. 13.26). The Sub- recipient will also complyy as applicable, with Texas required Code, chapter 783, 1 TAC 5.1d1.et seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements. �(;�t#g�'(jj', The Sub - recipient shall give the United States Daparhnen# of Homeland Security (DH5), the Comp#roller General of the Wiled States, the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Sub - recipient aaggreement funds received and performancres rendered under this Sub - recipient agreement. The Sub - recipient agrees to permit DPSRHSSAA ar its authorized representative to audit the Sub - recipients records. The sub- recipient shall provide any documents, materials or Information necessary to facilitate such audit. casts desalt The Sub - recipient understands and agrees that it shall be liable to DPS/THSSAA for any and agrees that reimbursement to DPSfrHSSA�A of such disallowed o Sub-recipient shall agreement e aid by the ub-re pent from funds t not ds provided or otherwise made available to the Sub - recipient pursuant to this Sub - recipient agreement or any other federal contract Sub- taZili The Sub - recipient shall take such action to facilitate the performance of such audits) conducted pursuant to this Section as DPSTMSSAA 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. ©th_er Reauirements A. During the performance period of this grant, Sub - recipient government jurisdictions must maintain an Emerg Manag DEM). ement Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency MmenT This may be accomplished by a jurisdiction maintaining its own emergency management plan or participatin in an inter�u en? IDE emergency management program that meets the required standards. if TDEM identifies deficiencies u reef pp jurisdiction's plan, Sub - recipient will correct deficiencies within 60 days of receiving notice of such de ' n ' s m TEM I?ovemment D Initial p Get j1 � Vpe l OF 48 Vol. �_� ___ _ Pg. ��' B. Projects identified In the DPSITHSSAA 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. Sub - recipient will submit its project plans, narrative and budget to DPS/THSSAA and FEMA (if required) for approval prior to expending or requesting advances of any funds for this award. During the performance period of this grant, Sub - recipient agrees that it will participate In a legally - adopted county andlor regional mutual aid agreement. C. During the performance period, the Sub - recipient must be aregistered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management system specified by DPS/THSSAA) and must identify all major resources such as vehicles and trailers, equipment costing $5,000 or more, and specialized teams /response units equipped andlor 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. D. 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 DPSITHSSAA. E. Regional Planning Commissions/Council of Governments (COGs) will follow guidelines listed in the DPS/THSSAA FY2011 COG Statement of Work. F. 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 government purpo (1) the copyright in any work developed under an award or sub-award; and (2) any rights of copyyrigght to which a recipient or Sub- recipient purchases ownership with Federal support. The sub - recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. A. The Sub - recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the and of the performance period listed on the sub - recipient agreement. B. DPSfTHSSAA will dose a sub -award after receiving Sulu- 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 award modifications and payments. If the close out review and reconciliation indicates that the Sub - recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to the Sub - recipient. If the Sub - recipient did not use all the funds received, DPSITHSSAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. Sub - recipient will return the funds to the DPS/THSSAA within 30 days of receiving the GAN. C. At the completion of the sub - recipient's performance period, DPS/THSSAA will de- obligate all uncommitted l 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/THSSAA is contingent upon funding allocation approval by the governing board. B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DPS/THSSAA's obligations under this agreement are contingent upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, except as required by HSGP grant. DPS/THSSAA shall not be liable to the Sub - recipient for costs under this Agreement which exceed the amount specified in the Sub- recipient Award. C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Loan Star, to the other party at its respective address set forth below or to a Point of Contact listed for the sub-tecipient in the DPS/THSSAA Grants Management System. PSITHSSAA Contact In ormation Sub - Recipient Contact Information Deputy Assistant Director, (Phase FIII-In contsct Infornstion blow) Name: puA.ne vp mirs Texas Homeland Security State Admin. Agency Title: Texas Department of Public Safety Agency: P.O. Box 4087 ddress: ustin, TX 78773 -0220 1 17 !. Unda m A minlgtradve Requirements Gast Prladpfils and Audit &gUZra =rents Except as specifically modified by law or this Sulu- 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 G.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Mon -Profit Organizations (OMB CircularA -110). 3. 44 CFR Part 10, Environmental Considerations ! Initial Date �� 1 VOL pg. ►+w 4 O 24 S. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 C.F.R. Part 220, Cost Principles for Education Institutions (OMB Circular A -21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A -122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements -0M8 Circular A -133, Audits of States, Local Governments and Non - Profit organizations. 0, Grant Guidance The sub - recipient agrees that all allocations and use onprofit Security Grant Program, of funds under this grant will be in accordance with the applicable FY2011 Grant mpow idance and application kit and supplemental resources, e .g„ for Homeland Secur Grant Program currently available at ty ame . gov /bcUgovernmanVgranV2011l!ffyyf 1 hsgp kit.txG for Regional Catastrophic Preparedness Grant program, ame. g ov/ b R / govemenUgrant/2011/fy11 — rcpgp` kit.txt; fur Emergency Operations Center Grant Program ma. govlbct /goyemment/grantJ20111fy11 eoc k.txt and N me. gavltxt /gavemmenUgnant/2611 /fy11 nsgp kit.txt use h1, 61r��. Sub -RecJpient understands and agrees that it cannot use any federal funds, either directly or indirectly in support of the enactment, nsp ai, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written a ee approval p al of FEMA. The Sub - recipient, as soon a$ possible upon receiving their grant award, must provide information to DPS/THSSAA to assist with the legally- required environmental planning and historic preservation EHP) review and to ensure ca_mp0anoe with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP 5craening Vorm OMB Number 1 660- a1151FEMA Farm 024 -0-01 and submitting it, with all supporting documentation, to DPSfTHSSAA for review. These EHP requirements include but are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act. EO 11968 — Floodpiain Management, EO 11990 — Protection of Wetlands, and E012898 — Environmental Justice, The recipient must comply with all Federal. State, and local EHP requirements and obtain applicable permits and clearances. See FEMA Information Bulletin 329. Recipient shall not undertake any written activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar ts involving the prior approval of FEMA. These include but are not limited to com m unications towers, ph sisal security enhancements nvolving groud mocati disturbance, new construction, and difions to buildin s that are a onS t old or older. Recipient must comply with all mitigation or treatment measures o� to snap roved project description will require re- evaluation for compliance with HP requirements before the pro act can p required for the pr rest as the resu of FEMA's EHP review. Any changes p Proceed. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if an Potential archeological resources are discovered, the recipient will immediately cease construction in that y area non-compliance fiding and may not be eligible for grant funding. 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 $etentlon end Accessib//liv of Re cords $ L The Sub - recipient shall The maintain fiscal records and su gg me entation agreement un uant to the applicable OMB Circular, 44 CFR Section 13.42, UGMS 42, and this Sub -rea lent agreement. pu pportin documentation for all expenditures of Sub- recipient shall retain these records and any supporting documentation for a minimum of three 3 p pl of this project's public objective, submission of the final expenditure re port, any litigation, dispute, or audit Records shall! bentretained ple3on years after any real estate or equipment flnel disposition. The DHS or DPSITHSSAA may direct the sub - recipient to retain documents f a o r 3 transfer certain records to DHS custody when DNS determines that the records possess long tern retention value. to The Sub recipient shat! ggive the United States Department of Homeland Security (DHS), the Comptroller General of the United tates, the Texas State Auditor, DPSITHSSAA, or any of their duly authorized HS representatives books, accounts, records, rep files other papers, thins or pr op e r ng g P access l and the right to examine all Sub - recipient agreement including records concerning the past use of p/F r R records are Sub - funds nSuc ngh�ts to ac cess�shaIconi inue as long as the citizens reasonarble b the to such s sten w ient thagrees xs Public In Act accessible location and to provide Texas Government Code Chapter 552 Jnc(usi su nt c ts. S I,i5n,ntracts The Sub - recipient shall include the substance of the Retention of Records and Access to Records sections in all bco cerfi cafes a completjfcr all trai ng and ax shall e cises pMaid deliver to for by this gram propriate saur�, and retain copies of all after- action and ee ent, receive Sub-recipient t agreement funds and to Sub-recipient h serviices the Sub -reap a t s b enter into this u reC lent perform pursuant to this Sub-recipient agreement. rented itself to warren an uara The person or persons signing and executing this Sub - recipient agreement an the Sub - recipient's behalf do Sj at he, she they ha d to validl Sub - recipient agreement on the y and been duly authorized by the Sub - recipient to execute this Sub - recipient s behalf ad legally bind the Sub - recipient to all contractual terms, perto ZrDate visions. Initial ! { ,' v 1 j5-4 Ps. c9- 9 / A"SOFie Conflicts in Reduirementa . If conflict exists between federal, state, or local requirements, the sub - recipient shall comply with the strictest requirement � Notice of Llifloatlon and Clalma The Sub - recipient shall give DPSITHSSAA 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/THSSAA, the Sub - recipient shall furnish Immediately to DPS/THSSAA copies of all documentation or pleadings received by the Sub- recipient with respect to such action or claim. ANY FAILURE OF DPS/THSSAA, 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/THSSAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS DPS/THSSAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/THSSAA SHALL NOT CONSTITUTE A WAIVER OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPS/THSSAA TO ENFORCE ITS RIGHTS, AS SUCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY PRESERVED. AS PERMITTED BY LAW, SUB - RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPSITHSSAA AND THE STATE OF TEXAS INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES, AGENTS AND THEIR SUCCESSORS} "INDEMNITEES ") HARMLESS ROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT OF OR RESULT FROM SUB - RECIPIENT'S NEGLIGENCE (ANY AND ALL), FAULT, ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR FEDERAL LAW AND /OR REGULATION, AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND /OR CONVENTION AND /OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES; LIABILITIES; PENALTIES; TAXES; FINES; INTEREST; EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS, INVESTIGATION COSTS AND ALL DIRECT OR INDIRECT COSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY CLAIM, LAWSUIT, OR OTHER PROCEEDING, INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR ALTERNATIVE DISPUTE RESOLUTION) ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH AS DIRECT, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THIS AGREEMENT OR THE RIGHTS PROVIDED THEREIN. IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB-RECIPIENT OR ANY EMPLOYEE OF ITS SUBCONTRACTORS ), THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANYWAY 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/THSSAA. 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, Chang ca and Amendments Modification FEMA or the DPSfrHSSAA may change the award document after an award has been made. Once notification has been made in writing. any subsequent request for funds indicates sub - recipient's acceptance of the changes to the award. d eslAmel ►drrrent. Alterations, additions or deletions to this Sub - recipient agreement's terms, such as changes to period of performance andawa amounts, will be made through Grant Adjustment Notices generated by the DPS/THSSAA web -based grants management system and executed by the Parties. M to Amend During the period of this Sub - recipient agreement's performance DPS/THSSAA and /or FEMA may issue policy e e ' A th at serve to establish, interpret or clarify this Sub - recipient agreement's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMA in the form of information Bulletins and Sub - recipient Manuals 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. Laws Any alterations, additions, or deletions to the Sub - recipient agreement's terms that are required by tne ch anges In federal anl 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/THSSAA 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 p� Date Vol" ( � Pg. � 0 V Page 6 O Is 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 terms or be used to interpret or assist In the construction of this Sub - recipient agreement. .Vanua For purposes of litigation pursuant to this Sub - recipient agreement, venue shall lie in Travis County, Texas, and be governed by Texas Law DUNS Number Sub- recipient confirms its Data Universal Numbering Systems Number (DUNS) Is the number listed on the Sub - recipient agreement award. Data Universal Numbering System (DUNS) number means the nine digit number established and assigned by Dun and Bradstreet, Inc., at 8861705 -5711 or http: /Itedgov,dnb,com/webform. ante Sub- recipient maintains that it has registered on www.=.gov, and - required m rmabon. ae rmation Bulletin. Sub - recipient will keep current, and then review and update the CCR information at least annually, at the beginning of September of each dear. Sub•reolpient will keep Information current in Central Contractor Registration database until the later of when it submits this grants final financial report or receives final grant award payment. Sub - recipient agrees that it will not make any subaward agreement or contract related to this award without first obtaining the vendorlsubawardes's mandatory DUNS number. See section .210 of OMB Circular A-1 33, Audits of States, Local Governments, and Non -profit Organizations. Reoortina To 1 Compensation of Suh- recipient Fxecutives, 2 CFR 170.320; see FEMA Information Bulletin 350; SAA Information Bulletin. 1. Applicability and what to report; Sub{ecipient must report whether Sub - recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 CFR 170.320. Sub - recipient must report whether 80% or more of Sub - recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub - recipient answers y es' to both uestions, Su"cipiant must report, along with Sub- racipient's DUNS number, the names and total compensation (see 17 CFR 229.402(c)(2)) for each of the Sub - recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report. Sub-recipient must report executive total compensation at P w0ww. By signing this agreement Sub - recipient is certifying that, if required, Sub - recipients jurisdiction has already registered, enters a required information, and agrees to keep information in the Central Contractor Registration database current, and update the information at least annually at the beginning of September for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub - recipient agrees that it will not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. � t1J All contracts executed under this award will contain the contract provisions listed under 44 CFR 13.37(b), Uniform mirnstratrve Kequirements for Grants and Cooperative Agreements to State and Local Governments. whether the vendorlsu wa es is debarred, suspend con proposed ed r for debarment, declared ineligible o ly r voluntarily excluded by by any I fed" department and agency and will conflan the vendor /subawardee does not appear in the Excluded Parties List System, currently at www.epis.gov. /search.do. Since September 1, 2011, Sub - recipient has either forwarded or is currently forwarding to DPS an updated direct deposit rm currently available at httn:Nwww.window.s ate.tx us /taxinfoltax form /74-178 ndf Sub - recipient may simultaneously sign up for the Advance Payment Notification emar ature which provides state of Texas payees with a one - business -day advance notice that a direct deposit payment has been sent to their financial institution. After receiving an APN, payees may securely. access their payment details online. #S. Within 30 days of any change Sub - recipient will enter, confirm, and /or correct the chief elected official, program, and/or nancla points of contact in the DPS/THSSAA grant management system. PSik1JIS�t1Q6, All publications produced as a result of this funding, which are submitted for publication in any magazine, journal, or trade paper sha carry the following: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and concluslons contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security." f3ports The sub - recipient will submit performance reports and progress reviews per DPSITHSSAA and /or FEMA's direction, Currently most reports are entered into the grants management system. For Homeland Security Grant Program, Emergency Operations Center Grant Program, Regional Catastrophic Preparedness Grant Program and Nonprofit awards performance reports are currently due on each January 20, April 20, July 20 and October 20. The final report is to be filed the quarter after the end of Sub- reciplents performance period. Failure to timely complete performance reports will result In the Sub - recipient being unable to request additional reimbursements/advanoss. Control) Some information and materials provided pursuant to or resulting from this Award may be export controlled, sensitive, r o cra use only or otherwise protected by law, executive order or regulation. The sub - recipient is responsible for compliance with all applicable laws and regulations. Initial Data `J' y � f Page of 18 Vol. 1 �T P9. � AQCUfitV Raoul race or s r ate u dyer this p Award, he award ub -recip e shall also ty Procedures and protections establish to protect Sensitive Information Sensitive Information will be developed or generated under this award. Such securi assurance that no check forma, type of background chenvestigations performed (if necessary andty procedures should include procedures (a,g„ security background checkfinvestigations performed) to determine the suitability of sob -reel requirements for successful adjudication of iha type of goverment facilities or access to Sensitive fnformaton provided under this award, A ntis of the secu capypersonnei re � recurring access to Non-Disc kmed asure Agreement for the Sub recipients' personnel shall be submitted to the DPSRHSSAA wrtfmi Procedures ttw 2) weeks any signing this agreement. The sub recipient will be notified of any concems that may be identified once the security procedures are forwarded and reviewed by DHS. Work under this award may involve access to Sensitive Information from the Federal Goverment Therefore, the sub- raaplent shad 11 not disclose, orally or in writing, any Sensitive Information to any person unless authorized Officer. Fu disclosrther, the sub - recipient shall ensure that Sensitive Information is protected in such a manner that it is sa feguarded ure ng by the OHS Grants In compliance with local, state Federal laws and with Information is Pm t's se onzed in writi authorized access li Sensitive Information, the su rity Procedures. For those sb - a i nt personnel public disclosure of Sensitive Information both during and a�fer enod ensure that these parsons receive training concerning the protection and g P performance. The sub - recipient will notify the DPSIrHSSAA of any workshops, conferences seminars or oth pubic venues at east 100 days re presenting any potentially sensitive information regarding this pro ect No Sensitive Information may be presented by the sub - recipients' personnel without DPSlTHSSAA and DHS Grants Officas review and prior written approval. Sul The sub- recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) days of the plent Ing ma a aware of any securtty concerns with individuals having access to government facilities or Sensitive Information In the event that Sensitive Information is ad in violation of sub - recipient's security procedures the sub - recipient will immediately notify the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action, Site V12 DHS and/or DPS/THSSAA, authorized represantetives, has the rigtmt, at all reasonable times to make site visits to y s t is m de by the on fhe premises ai tl e eclpiant or 1a contrac�oaunder �� $ be ecipient shat provide and require its contractors to provide sit reasonable facilities and assistance for the safety and convenience of the Govemme epresentativ� In the performance of their duties. All site visits and evaluations shall ba performed in such a manner that will not unduly daisy the work. approve a re Ding either agences' sea . unding a is ward does not eq u � to endo of use fun d 9 ncle Initia Date �� 1) a� rovisions applicable to a gub ant at is a private entity. +) A sub- raciplantand /or the sub - recipient's employees, may not: 0 Engage In severe forms of trafficking in parsons 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) DPS/THSSAA or FEMA 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 l a of this award term; or (2) Has an employee who Is determined by an agency official authorized to terminate the award to have violated a prohibition of this award tern through conduct that is either. (a) Associated with performance under this award; or (b) Imputed to the sub-reciplent using the standards and due process for imputing the conduct of an individual to an organization that are pprovided in 2 CFR Part 180, "OMB Guldeiines to Agencies on Government Debarment and Suspension (Nan - procurement); as im bmented at 2 CFR Part 3000. b� Provisions applicable to a sub - recipient that is not a private entity. i) THSSAA may unitaterally terminate this award, without pane rf the sub- recipient: ii) is debsrmined to have violated a prohriaition in paragraph 1 a othis award term; or iii) 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 avrvard tern through conduct that Is either. {1) Associated tnvrth perforrnance under this award; or {2) Imputed to 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 1 B0, "OMB Guldelines to Agencies on Government Debarment and Suspension (Non - procurement),' as implemented at 2 CFR Part 3000. c) Provisions applicable to any recipient: I) A Sub - recipient must inform the DPSrrHSSAA immediately of any information it received from any source alleging a violation of a prohibition in pparagraph al of this award term. ji) DPS/ THSSAA's right to terminate unilaterally is described in 1b 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 2) Is in addition to all other remedies for noncompliance that are available to DPSRHSAA under this award. iii) Sub-recipient must include the requirements of la of this award term in any sub -award the sub - recipient makes to a private entity, d) Definitions. For purposes of this award term: 1) "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 Sub - recipient 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 2 CFR 17515(b). (b) A for -profit organization iv) 'Severe fortes of trafficking in persons," "commercial sex act," and "coercion" have the meaning given at section 103 of the TVPA, as amended (22 U.S.G. 7102). 2) iQ acuriy Condition a) ssfied 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 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 DNS Office of Security, Industrial Security Branch Program (ISSP), 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, 2008: EO's 12829, 12959, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directivves or Instruction. All security requirement documents are currently located at: http;/ twww. dhs /govixopnbiz/granWindex.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. DHS Office of Security ISPB contact information: Telephone; 202 - 447 -5346, Email: D254AdministrativeSecu idhs.gov, Mail: Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASDnndustdal Security Program Branch, ashington, DC. 20528 Initla Date 4113 q �� saga s OF 18 Vol. _ f �q Pg• -- ' — The OPSG Sub - 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 Orer/Frag Operation Omer with embedded estimated operational budget has been reviewed and approved through an official email notice issued by FEMA removing his ecial p The Operations Ober app roval process/structure is as follows: 0 g rogrammatic condition. Border Productions {GBPgBorder Patrol Bp Sector Head uarters�HQlons Orders are submitted to {1 }THE APPROPRIATE Customs and Patrol Enforcement r>ansfer System (BPets } q ( } po approval by the Sector HG7, forwarded through the Border t3} Federal Emergency Mena mart }gym t0 (2)e OPSG Coorrli to natar, CBP /BP Washington DC and upon approval forvvarided Notification of releaas op roggr m ahC hofd w�1 ba se b�FEMA�v�a ems I to the } Texas t Womel�and Securlt State inlstrafi n Agency (THSSAA} with a copy to OPSG Coorinator at CSPBP HQ,1Nashington DC. ne suo- recipient is prohibited from obligating, expending or drawing down EOCGP funds provided through this award until the required budget and budget narrative are reviewed and approved by FEMA and an official notice has been issued from FEMA removing this special condition. The Sub - recipient is prohibited from obligating or expending RCPGP funds provided through this award until the required budget and budget RCPGP funds approved oi bth F A and award condition u d1 DHSIF MA has provided o sign d approval i of the projecit�narrative obligating project plans to the Sub - recipient Sub - recipient shall also comply with all other federal, state, and loc activities and performances rendered by the Sub - recipient inciudin Government Code Chapter 783, Uniform Grant and Contract Mans currently available Standards (UGMS ) currently at fiovernor.state.tx.us/ les /state -gri Sub - recipient Manual, currently available at http;((yww txd state. Sub - recipients) must, in addition to the assurances and carbffcaiwi completion of the project to comply with all applicable statutes, regt award, and the approved application. The Sub - recipient will follow Texas Genera! Appropriations Act, Art I laws and regulations applicable to this Sub - recipient agreement's but not limited to the laws and the regulations promulgated in Texas Merit Code: State Administrative Agency Information Bulletins, Texas Uniform Grants Management its/? MS 62004.doc; and the State AdminiStrativa Anmm�v executive orders. OMB circulars, to ms a d c of the IX, section 4.05 which requires conforming with: P) Texas General Appropriations Act, Art IX, Parts 2 and 3 of the General Appropriations Act, except there is no requirement for increased salaries for local government employees; b) Texas Government Code section 555,004, 556.005, and 558.006 including ot using any money orvehicle to support the candidacy of any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political a p r $ us i n g and not using grant funds to influence the passage or defeat of a legislature including not assisting rw g the and of a obbyist g funds to pay dues to an organization with a registered Lobbyist; c) Texas Government Code section 2113.012 and 2113.101 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty Pius Sub - recipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d) Texas General Appropriations Act, Art. IX, section 6.13 requiring Sub - recipients to make every effort to attain trey performance target levels associated with this grant award, including performance milestones, milestone time frames, and related performance reporting requirements; and e) General Appropriations Act, Art. IX, section 7.01. 7.02, and 7.03 and Texas Government Code § 2102.0091, including grants funds may only be expended if the Sub - recipient timely completes and files its reports. Please fill In the appropriate Infsormatlon and sign. Print Name of Authorized Official Title i .fh rvt t1 ut AP 1 :19na ub recfpie Or nizati �f S ure o Cie a �Q Initial Date ?t 3 �t1 j � Pap ro CO is Vol. EXHIBIT A ASSURANCE$ - NON - CONSTRUCTION PROGRAMS See Standard Form 4248 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 o project cost) to ensure proper planning, management and completion of the project described in this agreement 2. Will give the Department of H Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, ttedt e award: and will establish rr representative, system In athccoordancenwith to l accep ed accounting standards or agency directives. 3. Wit 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. Wilt initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Wilt comply with the Intergovernmental Personnel Act 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). 8. Wit comply with all Federal statutes relating to nondiscrimination, These include but are not limited to: (a) Title V1 of the Civil Rights Act of 1964 (P.L. 88 -362) which prohibits discrimination on the basis of race, color or national origin; (b) *7910 IX of the Education Amendments of 1972, as amended (20 U.S,C. § §1$81 -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 Discrimination Act of 1975, as amended (42 U.S.C. §§8101- 6107), which prohibits discrimination on the basis of age; (e) the e rug 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 an the basis of alcohol abuse or alcoholism; (g) §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd -3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title All of the Civil Rights Act of 1988 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housin (1) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already compiled, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of These persons displaced or w ac properly is acquired as a result of Federal or federally- assisted ati programs, requirements apply to all interests in real property acquired for project purposes regardless of Federal participatio 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 §276c la d 1 S applicable, 74), ad the Contract Work Hours and Safety S Act tandards ( Act (4b U S.C. J§327-333), regarding labor sttanda rd 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, Wilt 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 >= xecutrve Order utio 11514; on ental quality of violating facilities pursuant to EO 11738; (c) rotection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards In floodplains in accordance with EO 11988; (s) assurance of project consistency with the approved State management p rogram 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 178(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 at seq.); (g) protection of underground sources of drinking water underthe Safe Drinking WaterAct of 1974, as amended (P.L. 93-51K and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P. L. 93- 205), 12. Will comply with the Wlld and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 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. §§489a -1 at 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 at seq.) pertaining to the cars, handling, and treatment of wane 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 at seq.) which prohibits the use of lead - based paint in construction or rehabilitation of residence structures, 17. Wait cause to be performed the requited financial and compliance audits in accordance with the Single Audit Act Amendments of 9996 and OMB Circular No, A -133, "Audits of States, Local Governments, and Non -Proflt Organizations." Initial Data 1 VOL 1 Pg. � .a. 11 Of is 18. Will comply with all applicable requirements of all other Federal laws, executlVe orders, regulations, grant guidance, and policies governing this program. Pleass rill in the appropriate Information and sign. Print Name of Authorized official b Title &A u S (" i l j Sub - recipient QMAQ�VAbon A__ b fQ TO S to Initial Date 1 ►+a.uaie Vol. Pg. �` . EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS As the duly authorized representative of the sub - recipient, I certify that the sub - recipient: 1. Has the legal authori to appl 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. Wit 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 acordance 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. NO 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 engineeringg supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and wilt famish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Nil 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 or a purpose that i constitutes or presents the appearance Of personal or organizational conflict of interest, or personal gain. systems for comply programs s fund under one o of 19 statutes or regulations specified in �nd ixe of OPM's Standda standards for a Men 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. Wail comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title Vi of the Civil Rights Act of 1984 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or na . 6 §610 1 - 61 07 , 6794), tional origin; (b) Title IX of the Education Amendments crimination of 1972, as amended (20 U.S.C. § §1681 1883, and 1685 - 1686), which prohibits dis on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (28) U.S.C. 794 }}nation on the basis of handicaps; (( Discrimination Act of 1975, as amended 42 U.S.C which ich which prohibits discrimination ps p� Dr Office and Treatment Act of 1972 (P.L. 92 -255), as amended relating to nondiscrimination 1- i discrimination ation I on the basis of d is of e, a the ru Abuse nondi Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616 ( amended, relating to scriminati on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290dd -3 and 290ee 3), as amended, relating to confidentiality ofal t of 1968 (42 U.S.C. cohol and drug abuse Patient records; (h) Title Vlll of the Civil Rights Ac §� §3601 at 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. Will complyy, or has already complied, with the requirements Of Titles 11 and 111 of the Uniform Relocation Assistance and Real Property Acquisition Pollcies Act of 1970 (P.L. 91 -846) which provide or fair and equitable treatment of persons displaced Or whose property is acquired as a result of Federal and federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Wit comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 9 9276a 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 rally- 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. 15. Wail comply with environmental standards which may be prescribed pursuant to the following: control measures under the National Environmental Policy Act Of 1969 (P.L. 91- 190) and Exec U s Order (EO)111 e b) ifiation 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 proteact consistency with the approved State management rogram developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §61451 et $eq.); (f) conformity of Federal actions to State (Clean Air Implementation Plans under Section 176(c) of the Clean Air Act of 195, as amended (42 U.S.C. il §7401 at seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-5 3); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 16. WWI 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. Wilt assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended 06 U.S.G. §470), EO 11593 (identification and protection of historic properties), and the Archaeological nd H storic Preservation Act of 1974 (16 U.S, C, § §469a -1 et seq). Initial oats V OL Pg. _ 1-Z Z —7 13 OF is 18. Wltl cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 19% and OMB Circular No. A -933, "Audits of States, Local Govemments, and Non -Profit Organizations." 19. Wil comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this program. Please rill In the appropriate information and sign. Print NaA of Authorized Official _ _Ul�i 1 {,� �P. Title Zf e, 01)11 JA 44A , l ij .411 D Initial L L pad, j t.� � I VOL P9. Exhlblt C Certifications The undersigned, (print), as the authorized official of certifies the following to the best of his/her knowledge a belief. A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of C making o Federal grant, the making of any Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the f any F 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. & 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 Farm -LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub - swards at all tiers (including subcontract, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented 811:28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Cartfcation). The Sub- recipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub - recipients can access debarment information by going to www.eols.gov and the State Debarred Vendor List www.window performance /debarred 2. Have not within a three -year period preceding this agreement been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performingg 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 o r receiving stolen forgery bribery, falsification or destruction of records, making false statements, property; 3. Are not presently indicted for or otherwise criminally or civfily charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (0)(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; or 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. Drug -free Workplace Act, as amended, 41 U.S.C. §701 et seq. — Requires the recipient to publish a statement about its drug -free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award- supported activities at any site where these activities will be Circled out Also, place {s) where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace, For additional information, see 44 CFR Part 17. H. Sub - recipient agrees that it is not delinquent on any Federal debt 1. Sub - recipient 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. Initial Date ►.a. is or �a �.�� J. Sub - recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction a# grant funds. Initlal Date Al 2 5 j 4 0 Page It Of It Please flit to the appropriate information and sign. Print Name of Authorized Official .n _ EXHIBIT D State of Texas Assurances As the duly authorized representative of the sub - recipient, i certify that the sub - recipient 1. Will comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicants contractor shall vote or confirm the employment of any person related within the second degree of affinity or the thlyd degree of consangguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohib1bon shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Must insure that all information collected, assembled, or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Must comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted In the Texas Constitution. 4. Must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on chili support payments. 5. Will not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the subgrantee is a health, human services, public safety or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency, 8. Must comp) with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code of must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the subgrantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7, Will follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section 36 for additional guidance on contract provisions), --W 8. Must comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. 9. 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 1686. 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 and the Americans with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, 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; ( the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1870 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290dd -3 and 290se -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. § §3601 at seq.), as amended, relating to nondiscrimination In the sale, rental, or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 10, 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 19 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S § §327 -333), regarding labor standards for federally assisted construction subagreements. 11. Will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions 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. 12. Will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § §7321 -29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Wiil comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). Initial Date 4 PAP 17 of L* Vol. 15. WIB comply with the flood insurance purchase requirements of Section 102(x) of the Flood Disaster Protection Act of 1973, Public Law 93 -234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. 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 E011990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (a) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1461 at seq.); ( conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1 15, as a m e nded 42 U.S.C. §§7401 at seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amend Endangered Species Act of 1973, as amended (P. L 93 -205), ad {P.L. 93 -$23}; and (h) protection of endangered species under the 17. Wit comply with the Wild and Scenic Riven Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 18. Will assist the awarding a ency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.G. §470), EO 11593 ?idendflcation and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§4698 -1 at seq.). 19. Will comply with the Laboratory Animal Welfare Act of 1966 (P,L. 89 as amended, 7 U.S.C. § §2131 at seq.) pertaining to the cars, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 20. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 at seq.) which prohibits the use of lead -based point in construction or rehabilitation of reaidential structures. 21. Will comply with Public Law 103.277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 22. Will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Will comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at htto:1� Iwww.enI%.gov 25. Must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec, 85.001, at seq. Please fill in the appropriate information and sign. Print Name of Authorized Official � I LA,( _re,+P{ Title ize d Offic4al ate Initial Date J r L4 6;2 il Vol. �_ Pg. � ►�.�.�u V Texas Department of Public Safety E x T A 2011 Sub- Recipient Award ; ,.. s for Brazos County 1. General Award Znformation Rehwnoa /lneuntbranp No: Date of Award: November 17, 1011 Prepared ay: Gabbart, Steven 3. SAA Award Number: 11 -SR 48041 -02 4. SubAmlplw* Name and Address S. Federal Grant Infermation Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Judge Duane Peters Federal Grant Award Number: EMW 2011- SS -Oo019 Brazos County 200 South Texas Ave., Suite 332 Federal Granting Agency: Department of Homeland Security FEMA Bryan, TX 77803 Grant Programs Directorate Date Federal Grant Awarded to TXDPS: October 7, 2011 CFDA: 97.067 6. Award Amount and Grant armlodowns SHSP LETPA $25,371.23 From: I To: Sep 1, 2011 Aug 31, 2023 SAA must receive all iaveicp by the and of grant Period) 7. Statutory Authority for Grant: The Department of Defense and Full -Year Continuing Appropriations Act 2011 (Public Law 112 -10), and Section 2003 of the Homeland Security Act of 2002, as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act, 6 U.S.C. 6o4. B. Method of Payment: Primary method is reimbursement. 9. Debarment /Suspension Certification: The Sub - Recipient certifies that the sub - recipient and its contractors /vendors are not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http : / /www.epls.gov /eels /search.do io. Agency Approvals Approving TxDPS official: Signature of TxDPS official: Machelle Pharr Dep Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety 11. Sub- Iteciplent Acceptance I have read, understood and agree to this Sub - Recipient Agreement and the attached Terms and Conditions. Print name and title of Authorized Sub-Recrplent offldal: igna� n of Sub- an EW11�y b uaxl t, Te-,r enter employer IdentilwAtion Number iN) ar DUNS Number: Federal Tax Identification Number. D Si 3 0 `� a b G 34 1 �� I DATE: �enuary S, 2012 signed award and Direct peposit Form must he returned to TxpPS on or before the due data. Grant Period: -243 Vol. 1 Pg. 2011 TERMS AND CONDITIONS The Sub-mclp/ent must f. FIB In the inAorrmsban and &Vn the Sub- ReciPlent Awwd, 2. Certify that' have mad and rHaderatand the Terms and Candy by lnlNatltrg the bottom of each page• 3. PLO !n the Irnbrmatlon located on Pege 4. 4. Cettf� f° the statements Pmvided in EMUS A, 8. C and D located at the beck of ft document b X# in and arigMatg sB exhlbka. - - Y nfl' caontact lntvrmatian all documents to the aP HSSAA on orbefory the leltera ndtrIn the the This Sub - recipient Agreement (includes the Sub-recipient Award and the Terms and Conditions) is made and entered Into by and between referred to Dep artm e nt "SRHSSAA" and the funds erecipientchereinaft State er refeAdministrative red to l as the "Sub- recipient Furthermore Sub -re plent are collectively hereinafter referred to as the "Parties." The Sub - recipient q a ree t is only er c ore D the Su AA and returns the signed copy of the 2x}11 Sub - recipient Agreement an or before the date g fora DPS/THSSAA and the Sub - recipient Agreement Award, provided in the transmittal letter and/or in the Arent Sub - recippient may not assign or transfer any interest in this Sub - recipient Agreement without the express, prior written consent of the OPS/THSSAA. All allocations and use of funds under this grant must be in accordance with the FY 2011 Grant Program Guidance for the Federal accepted the FY 2011 Grant Program Guidance as binding. Grant Title specified on the Sub - recipient as binding. rd. Ali award Sub - recipients are required to have read, understood and The Sub - recipient shaA ma ppeerform all activities and projects entered into the DPS/THSSAA web -based grants nagement system which were a roved b the this document uirements set brth THSSAA The Sub - recipient shall perform all activities in accordance with all terms, and req in this Sub - recipient agreement, Terms and Conditions and the following Exhibits located at the end of this d 1. Assurance - Non - Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurance - Construction Programs, hereinafter referred to as "Exhibit S' 3. Certification, hereinafter referred to as 'Exhibit C' 4. Assurance — From UGMS L 14 hereinafter referred to as "Exhibit D" Eliil to Perfem, In the event the Sub - recipient fails to implement the project(s) entered into the DPS/THSSAA web -based grants management system, or comply with any of this Sub - recippient reement's provisions, in addition to the remedies specified in this Sub - recipient agreement, the Sub - recipient is liable to DPS/THISSM for an amount not to exceed the award a regiment and mayy amount of this Sub - recipient be barred from applying for or receiving additional DHSIFEMA grant program funds or any other federal program funds a ministered by OPS/THSSAA until repayment to DPSIrHaSAA is made and any other compp or audit finding is satisfacton'iy resolved. Failure to timely implement projects may reduce future funding in additions! OHS/ FEMA grant programs administered by the aatian Measure o__ ft.iabiiit;, DPSIi"HSSAA shall not be liable to the Sub - recipient for any costs incurred by the Sub - recipient that are not allowable costs. Si it ity. prove ed The term "Sub- recipient agreement funds" as used in this Sub - recipient agreement means n s by AA un er the OHSIFEMA grant programs. The tern "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 ail payments and other obligations incurred by DPS/THSSAA under this Sub - recipient agreement shall not exceed the Total Award Amount listed on the Sub - recipient Award. Sub - recipient shall contribute the match funds listed on the Sub - recipient Award. ��gg, The Sub - recipient shall refund to DPS/THSSAA any sum of Sub - recipient agreement funds that has been paid to the ub -rs pient y 6 PS/THSSAA or that DPS/THSSAA determines has resulted in overpayment determines has not been spent by the Sub- redpient in accordance with this Sub-recipient agre to the Sub recipient or that DPSIIHSSAA from local, state or federal grant funds unless repayyment with grant funds is s p agreement No refund a s) Sub- recipient shall make such refund to DPSlTHSSAA within the �r DIP b statute or regulation aThe ay be made thir (3t)) days after D DP Yy Permitted req s refund. Initial Date C Uol. — Pg. gape 2 PF 18 In the event the Sub- recipient fails to comply with any of this Sub-recipient to the Sub - recipient, suspend this Sub - recipient agreement in whole in Ag r emenir terms DPS/THSSAA may, upon written notification Sub - recipient from Incurring additional obligations ofSub - recipient agreement funds. y p ReYmenla to the Sub - recipient and Prohibit the re� i�IQlt. in whole or in part at a g me e r a en a fie�nce Period whenever have d termin ne t that the Sub- recip ien t b -ren agent, , iry this Sub - recipient Agreement's terms. DPSTTHSSAA shall notify the Sub - recipient in writing prior to the thirtiethfo30 to with any of termination of such determination and include; ( ) y preceding the 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 may be made to the Deputy Director of Homeland Security, Department of Public Safety. FttbLi&rt6&- In taking an enforcement notion, the awarding agency will p administrative proceeding to which rovide the sub - recipient an opportunity for such hearing, appeal, or other �ttllct of !n arrest the sub - recipient is entitled under any statute or regulation applicable to the action involved. No employee, offlcer 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. fta Sub - recipients will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirement, timelines, milestone completion, budget, and other reIsted program criteria are ing met office -based and/or on -site monitoring of the be DPS/THSSAA or its authorized representative reserves the right to perform periodic deskt Sub - recipient's compliance with this Sub - recipient agreement s terms and conditions and of the adequa�cy and timeliness of the Sub - recipient's performance pursuant to this Sub-re apptent agreement. After each monitod visit, DP Sub - recipient with a written report of the monitor's flndih s. If the monitorin nngg fl in t h e S AA shelf provide the under this Sub - recipient agreement's terms, the monitoring report shall include the timely corrrection c such de rfor deficiencies by the Sub - recipient Failure by the Sub-recipient to take actions ecified in the monitoring agreement's suspension or termination pursuant to the Suspension and/or Termination s�ionmay be cause for this Sub-recipient AUdk CSI �tli�sttSt The Sub - recipient shall arrange for the performance of an annual financial and compliance audit of -rec ient a reernent n s reoeived and performances rendered under this Sub - recipient agreement as required by the Act (OM Circular A —133; 44 C.F.R. 13.261. The Sub - recipient will also complyy, as applicable, with Texas Government Code, Chapter 733, 1 TAC 5,141.et. seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requ rements for G ants and Cooperative Agreements. The Sub - recipient shall give the United States Deals rtment of Homeland Security (DHS), the Comptroller General of the tee, the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipi sub - recipient ent agreement. The Sub - recipient agrees to permit DPSiTHSS or its authorized representative to audit the Sub - recipient's records. shall provide any documents, materials or information necessary to facilitate such audit The costs disa owed pursuant to nancia and compliance audits) of Sub -recip ent agreement funds. The Sub- reC'pin D {urther uno r any and agrees that reimbursement to DPS/THSSAA of such disallowed costs shall be paid by the Sub- s provided o r otherwise made available to the Sub - recipient pursuant to this Sub - recipient agreement re any other federal contract. reapie -r from funds that were no t porous to is e as DP HSSAA may requir of t ake such action Sub h fa c i litat e the nt performance enure the this pause concer authority to audit funds received indirectly by subcontractors through the Sub - recipient and the requirement to cooperate is included any any subcontract it awards, the Other Require A. During the performance period of this grant. Sub - recipient gat the Intermediate Level of planning preparedness or higher, aspresatibed the i Texas Division of Eme n enure ` Ma en Plan This may be accomplished by a jurisdiction maintaining its own emergenccyy management plan or particlpatin argneinter�urisdrcsaonal emergency management Program that meets the required standards. If TD EM identifies deficiencies I the n in M anagemmenf tional . jurisdiction's plan, Sub - recipient will correct deficiencies within 60 days of receiving notice of such des red nit government m TDEM. Initial Date *4 t 1 von. i5 _ P �3OF it B. Projects identined in the DPS/THSSAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable approved pprr�e 't Investments for the plans, narrative and budget to DPSITFlSSAA and FEMA (if require�d�fo�8pproyala pno the grant. Sub - recipient will submit its for this award. During the fxrtormanae period of this grant, Sub - recipient agrees that it Prior participate in ale all panes regional mutual aid agreement xpen or requesting advances county any funds 9 Y - adopted county and/or C. During the performance period, the Sub- rocipient must tae a ree��rstered user of the Texas Regional Response Network RRN response asset inventory rrranagement system specified by DPS/THSS and must identity major resources such as vend trailers, aquipment costing $5,400 or more, and specialized teams/re all hicles a vehicles and other material, decontamination, search and rescue, etc.). This reglatration r a unit equipped and/or r o trained using are prepared #o funded resources available to other jurisdictions through mutual aid grant funds o hazardous p make grant D. Sub - recipients must submit Fiscal Year 2414 Ind Cost Allocation Plan signed by Cognizant Agency. FR Part 225 on behalf of atl ager o atin pubt appro in �t allocation plans or indirect cost roposals developed p 'Cognizant agency" means the DPS/THSSAA. ng of cognizant agencies. Plan should be forwarded t th under 2 E, Regional Planning Cammissions/Counal of Governments (COGS) will fallow guidelines listed In the DPS/THSSAA FY2011 COG Statement of Work. F. 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 government purp (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 owner Federal support. The sub - recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that ariship wlttt se from, or are purchased with, this funding. C! — a .W 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/THSSAA will close a sub -award after receiving Sub - recipient's final performance report indicating that all approved work has been , compl completed and all funds have been disbursed eting a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that the Sub - recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to the Sub - recipient. If the Sub - recipient did not use all the funds received, DPSITHSSAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. Sub - recipient will return the funds to the DPS/THSSAA within 34 days of receiving the GAN. C. At the completion of the sub - recipient's performance period, DP$/THSSAA will de- obligate all uncommitted / unexpended funds. •ns Diaclalmer2 and ftti a A. In cases where local funding is established by a COG or UASI governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board. B. Notwithstanding any other agreement provisions, the parties hereto understand and aggree that DPS/THSSAA's obligations under this agreement are contingent upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, ex grant. DPS/THSSAA shall not be liable to the Sub - recipient for casts under this Agreement which exceed the u rammont s quired by the Sub - recipient Award. pacified in the C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficientl given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Loan Star, to the other pp party at its respective address set forth below or to a Point of Contact listed for the sub - recipient in the DPS/THSSAA Grants Management System. DPSiTHSSAA Contact Informatlon r cipient Contact lnformatlon Deputy Assistant Director, FNran Contact Information Wow) .n (S Texas Homeland Security State Admin. Agency exas Department of Public Safety S 6 � � " ""' se t�5 ` -I t2 P.Q. Box 4087 f usUn, Tx 78773 -0224 'S • Te eq S e. J • 1 932, a.n 77 Sa 3 ilau Coat Prin t ittHts and A u dit RnQUIZIMe 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 -Proflt Organizations (OMB Circular A -110). 3. 44 CFR Part 10, Environmental Considerations Initial Date jv Lq y '1101 j n- 4 P �' /, P89a s of Le - Q� B. Cost Principles 1• 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A- 87) 2. 2 C.F.R. Part 220, Cost Principles for Education Institutions (OMB Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A -122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audlt Requirements -0MS ClrcuiarA -133, Audlta of States, Local Governments and Non - Profit Organlzattona. D. Grant Guidance The sub - recipient agrees that all allocations and use of funds under this grant will be in accordance with the appllcable FY2011 Grant hap, /h Program Guidance and application kit and supplemental resources, e.g., for Homeland Securtty Grant Pran available at am. fema.gov#xVgovemment /granV2011/ 11 hsgp kit.txt; for Regional Catastrophic Pre paredness Grant rogram cu r rn ty tly a h aA lbw •na•govltxt /govemment/granV2011 11 rcpgp kit txt for Emergency Operations Center Grant Program h tt P• 1 /www. fema .govitxUgcvemment/granV2011/ 11 eoc k$txt; and Nonprofit Security Grant Program, ttp;llwu4w, fema .govlbtt/govemmnt/grant/2011/ 11_nsgp kit,txt. Law ylncI Arihu Sub - Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly in support of the enactment modification or adeptlon of any law, regulation, or policy, at any level of government, without the express pnor written approval of rEM at, The Sub - recipient, as soon as possible upon receiving their grant award, must provide information to DPS/THSSAA to assist legally-required environmental planning and historic preservation EHP) review and to ensure com with the pliance with applicable EHP lays and Exscutivs Orders (EO) currently using the FEMA EHP Screening Vorm OMB Number 1660- 0116/FEMA Form 024-0.01 and submitting it with all supporting documentation, to DPS/THSSAA for review. 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 compl)r with all Federal, State, and local EHP requirements and obtain applicable permits and clearances. See FEMA Information Bulletin 329. Recipient shall not undertake any written activity from the - Project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving round disturbance, new construction, and modifications to buildings that are 50 years old or older. Recipient must campy with all mitigation or treatment measures required for the proJ'ect as the result of FEMA's EHP review, Any changes to an approved project description will require re- evaluation for compliance with EHP ground disturbing activities occur durin.9 project implementation, the recipient must ensu e monitoring o r �roU dicer any and f an y potential archaoiogical 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. BIUM' The Sub - recipient shall maintain fiscal records and supporting documentation for all agreement n s pursuant to the applicable OMB Circular, 44 CFR Section 13.42, GMS� 42, and this Sub-r � a9�ment Sub- recipient shalt retain these records and any supporting documentation for a minimum oMree 3 of this project's Public objective, submission of the final expenditure report, any litigation, dispute, or audit, Records sh be ret far e 3 n Years after any real estate ar equipment final disposition. The OHS or 0 FP S may direct the sub - recipient to retain documents or to transfer certain records to OHS custody when DHS determines that the records possess long term retention value. SCc The Sub- recipient shall gg , access to oral the right to examine all ve the United States Department of Homeland Security (DHS), the Comptroller General of the united totes, the exas State Auditor, DPSITHSSAA, or any of their duly authorized representatives hocks, accounts, records, reports, files, other papers, things or proper o ty babng to or ut use by the Sub-recipient pertaining to this reco re s a re r agreement inducting records concerning the past use f bHS /FEMA funds. Such rights to access shall continue as long as the Sub records are retained the cr The Sub rds consist - recipient agrees to maintain such records in an accessible location and to provide citizens reasonable acc the t o o such recoent with the Texas Public Information Act, Texas Government Code Chapter 552. The Sub - recipient shah inducts the substance of the Retention of Records and Access to Records sections in all su ntracts. MOO 88001U The Sub - recipient shall complete, deliver to the appropriate source, and retain copies of all after -action and c8n cstes Of completion for all training and exercises paid for by this grant. L1111 1 ft fl 1 Subs- reeccipi�'� agreement, receive recipient agreement funds andt o perfform services the Sub- recipient obligated en i tselff to perform pursuant to this Sub - recipient agreement. w an The person rsons signi p do and executing this Sub-recip guarantee that he, she or they have been dui authorized by the Sub- recipient to eexec Sue en� b ehalf n t Sub - recipient's behalf and to validly and legally bind the Sub - recipient to all contractual terms, performances and provi angreemant on the Initial Date 1 � r 1 V q J i 5 L .p 1 � � hQW 3 OF 13 o�- 11 V/ requiiremgnaBtSiWts li If conflict exists between federal, state, or local requirements, the sub-recipient shall comply with the strictest The Sub - recipient shall give DPSITHSSAA 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 DPSITHSSAA, the Sub - recipient shall furnish immediately to DPS/THSSAA copies of aIl documentation or Pleadings received by the Sub - recipient with respect to such action or claim. Non- Wafvar of De,FA..&A- ANY FAILURE OF DPS/THSSAA, 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/THSSAA AT ANY TIME TO AVAIL ITSELF OF SAME, A WAIVER DOES NOT BECOME EFFECTIVE UNLESS DPS/THSSAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING_ ANY PAYMENT BY DPS/THSSAA SHALL NOT CONSTITUTE A WAIVER OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPSITHSSAA TO ENFORCE ITS RIGHTS, AS SUCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY PRESERVED, 11]* VAX AS PERMITTED BY LAW, SUB - RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPSITHSSAA 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- RECII�IENTS 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 BASES OF A TREATY AND /OR CONVENTION AND /OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION; CLAIM LIABILITIES; PENALTIES; TAXES; FINES; INTERE S; LAWSUITS; DAMAGES; ST; 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, PROFITS, LOSS OF BUSINESS LOSS OF USE, OR LOSS OFD TA) ARISING OUT A F OR IN CONNEC 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 TYPI 6F DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB- RECIPIENT OR ANY OF ITS SUBCONTRACTOR {S? UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY 1ENEFITS 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 DPSfTHSSAA. 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. Se yes end Amandmen e FEMA or the DPSIfHSSAA may change the award document after an award has been made. Once notification has been ma a In writing, any subsequent request for funds indicates sub - recipient's acceptance of the changes to the award. Ingen ent. Alterations, additions or deletions to this Sub-recipient agree terms, od rfor ment's tes, such as changes to peri of pe manc e an award amounts, will be made through Grant Adjustment Notices generated by the DPSITHSSAA web -based grants management system and executed by the Parties. dire c��ves f� to estab the lish, sh, this cl nf Sub- agreement's re,,n reements performance equirements. policy directives shah be promulgated by DPSITHSSAA or FEMA in the form of Information Bulletins and Sub - recipient Manuals 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 ag n3arnent. required by the changes in era and state aws or are incor s Sut�eip Sub-recipient agreemerm without written amendment to this Sub - recipient agreement and shall became effective on the data designated by such law or event FEMA or DPSITHSSAA determines that changes are necessary to the award document after an award has been made regulati , incl ng changes to period of performance or terms and conddlons, 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 ` A f I Vp� 6 OF 18 HARMu 1E Headings and ca tons of this Sub - recipient apmoment's sections and Paragraphs are only for convenience and reference. These headings and captions shall not affect or modify this Sub - recipient agreemert s terms or be used to interpret or assist in the cons Sub-recipient agreement. g fraction of this Ywile For purposes of litigation pursuant to this Sub - recipient agreement, venue shall lie in Travis County, Texas, and be governed by Texas Law, �l`atlilII�tt3L Sub - recipient confirms its pate Universal Numbering Systems Number (DUNS) is the number fisted on the Sub - recipient agreement award, Data Universal Numbering System (DUNS} number means the nine digit number established and assigned by Dun and Bradstreet. Inc , at 868/705711 or http: /sdgov.dnb.cornAvebform. errtere - requred Infonriatian. ee SAA Sub- recipient maintains that it has registered on www.ca.gov, and CCR information at least annually, at the beginning of September of each Sub-recipient ar. . Surea"pient wilcurrent, ee +farmat+on review t In Cendtraie the Contractor Registration database until the later of when it submits this grants final financial report or receives final grant award payment. Sub - recipient agrees that it will not make any subaward agreement or contract related to this award without first obtaining the vendor /subawardee's mandatory DUNS number. See section ,210 of OMB Circular A -133, Audits of States, Local Governments, and Non -profit Organizations, Reopirting C + �gil3tYliilr 2 CFR 170.320; see FEMA Information Bulletin 350; SAA information Bulletin. most 1. Applicability and what to report: Sub - recipient must report whether Sub - recipient received $25 million or more in Federal procument contracts or financial assistance subject to the Transparency Act per 2 CFR 170.320. Sub - recipient must report whether 80% or more of re Sub - recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub - recipient answers - recipient's five yes" to both questions, Sub - recipient must report, along with Sub - recipient's DUNS number, the names and total compensation (see 17 CFR 229.402(c)(2)) for each of the Sub highly compensated executives for the Preceding completed g p ed fiscal year. 2. Where and when to report. Sub - recipient must report executive total compensation at Sub - recipient is certfying that, if required, Sub - recipient's jurisdiction has already ste enters the required Information, and agrees to keep information in the Central Contractor R u T dpyd t rea r��� BY signing this agreement September for each year until the later of when ju sdlction submits its Iii aln ncial report or receives final paym ntt t�G�n of agrees that it will not make any subaward agreement or contract without first obtaining he subawardee g s mandatory DUNS numb p er. All contracts executed under this award will contain the contract provisions listed under 44 CFR 13.37(b), Uniform rrative dm nist ROquIrements for Grants and Cooperative Agreements to State and Local Governments. N w e t a vendor su awardea rs eber , auspendad, I for d ba declared Ineligible or vvoluntarily e p eany e e epartment and agency and will confirm the vendorlsubawardee does not appear in the Excluded Parties List System, currently at Y federal www.epls. gov.lsearch.do. 9L9Q , Since September 1, 2011, Sub - recipient has either forwarded or is currently forwarding to DPS an updated direct deposit nn currently available at for the Advance Payment Notif;% a nai ature which provides state o exas payees with a one-business-clay r advance no hat a direct deposit payment has been sent to their financial Institution. After receiving an APN, payees may securely access their payment details online. Within 30 days of any changge, Sub - recipient will enter, confirm, nd/or correct the chief elected official, program, ant or nannts of contact in the DPS/THSSAA grant management system. P All publications produced as a result of this funding, which are submitted for publication in any magazine, journal, or trade paper she carry the following. 'This material is based upon work supported by the U.S. Department of Homeland Security The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official Policies, either expressed or implied, of i U.S. Department of Homeland Security. '° 1 e�on• mos ports The entered nta i t he illl sub inane morays re port For Ho�me ge per ant Program, and/or FEMA's Op d Canter Grant Program, Regional Catastrophic Preparedness Grant Program and Non -profit awards Gran pertor�manr p� afire currently due a each January timely m July a and October 20. The final report is to be filed the quarter after the and of Sub - recipients reimburse performan period. Failure to timety complete performance reports will result in the Sub - recipient being unable to request additional reimbursementsJadvances. co ��' ° ` s " en glav � mr o cr� ogotherx se clad by law, executive � o►dehor raga ation The su w is s export fro compliance with all applicable laws and regulations. responsible for Initial Date t•r'I 1101. race ved or diatnbute� under this ward The award ub- recipient sha n se also s TIY Procedures and check forma, protections to a assu rance Sensitive In Sensitive Information will be develo rocedures to provide reasonable assurance that background che of pad or generated under this award. Such security type of background chedc/investigations performed (if necessary} � security Procedures should include procedures (e.., dclnvestigations performed) to determine the suitabilit y s sub- nrecipients' requirements for successful adjudication of the government facilities or access to Sensitive Information provided u nder this award. A co of the security type of on- Disclosure Agreement for the sub -reci !ants' personnel requiring recurring was to agreement The sub - recipient will be notified of an Pe c rsonnel that be Su bs itte identified a DPS� s�S� within two { 2) weeks Y Proposed reviewed by OHS. )weeks attar signing this ��,itltGtD]S Work under this award may involve access to Sensitive Information from the Federal Government. Therefore, the su -reo plent hai+ not disclose, orally or in writing, any Sensitive Information to an Officer• Further, the sub - recipient shall ensure that Sensitive Information is protected in such a manner that it is safeguarded from ubll disclosure I n compliance with local, state or Federal Jaws and with sub - recipient's ��rson unless authorized in writing by the OHS Grants authorized access to Sensitive Information, the sub- recipient must ensure that these pro e t For those concerning the pars °nnel disclosure of Sensitive Information both during and after the period of performance, persons receive e ve irainr "g C°ncerning the protection and The sub - recipient will notity the OPS/TMSSAA of any workshops, conferences, seminars or 1 ^formation may be pr ed b d �� sub -representing any potentially sensitive information g this ro'ect. No Sensitive approval, Y P Personnel without DPS/THSSAA and DH3 Grants Officers review and Prior written � The sub - recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) days of the sub- repptent being made aware of any security concerns with individuals having access to government facilities or Sensitive Information. In the event that Sensitive Information is divulged in violation of sub - recipient's security procedures, the sub-recipient will immediately notify the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. §A kY1W , The OHS and/or OPS/THSSAA, through authorized representatives, has the right, at all reasonable tirrtes to make site visits to ect review visitismad by the OHS ishments on the and f the sub - recipiet o systems contractor under this Award, the s -re plent shall rovide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Uss of f'mHC no s 4 nGeerunn.. ,. approval LMVUIV using a er agencies' seal. Fun ing o rs Award does not equate to endo of use of respe a ge n cy 's a agencies seals. Initial o 1 i pg. 1 j 02 f+Ot 6 of 14 1 a� rovla ons app +ca to a su 11 nt at rs a pnvate entity, +) A pub- recipient and/or the sub-reciplent's employees, may not (1) Engage a m severe farms of trafficking in persons during the period of time that the award is in effect; ( (2 Procure 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) OPSITHSSAA or FEMA 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 la of this award term; or (2 Has an employee who is determined by an agency Official authorized to award term through conduct that is either: terminate the award to have violated a prohibition of this a) Associated with performance under this award; or b) Imputed to the sub - recipient usln 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 im lamented at 2 CFR Part 3000. pe { Non - procurement),' as b� Provisions applicable to a sub - recipient that is not a private entity_ THSSAA may unilaterally terminate this award, without penalttyy if the sub - recipient: ii) Is determined to have violated a prohibition in paragraph 1a ofthls award term; or iii) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph al of this award term through conduct that is either: (1) Associated with performance under this award; or 2 Imputed to 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) A Sub - recipient must inform the DPSITHSSAA immediately of information It received from any source alleging a violation of a Prohibition in paraggraph a1 of this award term. ii) DPS/THSSAA's right to terminate unilaterally is described in lb or 2 of this section: (1� Implements section 106(8) of the Trafficking VLtims Protection Act of 2000 TVPA , as amended (22 U.S.C. 7104 (2 Is m addition to all other remedies for noncompliance that are available to OPS/THSAA under this award, (g))' and Sub - recipient must include the requirements of I of this award term In any sub -award the sub- redpient makes to a private entity. d) Definitions. For purposes of this award term: i) ° Empla d yee means either: �2j Another ual employed by a sub - recipient who is engaged in the performance of the proiect or person engaged in the performance of the p ro j ect or program under this award; or including, but not limited to, a volunteer or individual whose rvices rep Program contributed b + a third and not compensated by Sub - recipient sharing or matching requirements. Y p rty as an in -kind contribution toward cost 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 foroe, 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 2 CFR 175.25(b). {{b) A for -profit organization iv) 'Severo 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) "c sear ed mallo=w 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 wig include access to classified national security information if the award recipient has not been approved for that access to such information C) a+card shall) be used to recipi a contract a ward, r or other ha access a greem ent for goods or r services the infor m ation, access to ill national security information by the contractor, sub- awardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Branch Program (1SBP), or an appropriate official within the Federal department or agency with whom the classifi Performed. ad effort will be d) Such contracts, sub - awards, or other agreements shall be processed and administered in accordance with the OHS " Standard Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008: EO's 12829, 12959, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and for othpnbizlgrantsfndex.shtm, er applicable implementing directives or instruction. All security requirement documents are currently located at: http• Nwww. dhs /gov/xo e) Immediately upon determination the award recipient that funding under this award will be used to support such a contract, inst sub-award, or other agree and prior to execution of any action to facilitate the acquisition 9of such a contract sub - award, or other ru DH oHtce of Se ant unty B tacct informat appropriate Teie e2o21 department °m ail; 025q,gdmi stratit s cu rdhs v, Mail: r go Department of H Securi Office of the Chief Security Officer, ATTN: ASOAndustrial Security Program Branch, %shington, DC, 20528 Initial Data 42A 1 I C ,,,) l Pao 9 O ]8 VOL g. [J_ The OPSG Sub - 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 /F budget has been reviewed and approved through an official email notice issued by FEMA re this s ciaf d estimated condition erati The Operations Order appproval pra�ss/structure is as fa8ows: ration Order ng thi with embedded estimated operational are Border Productions (CE Border Patrol (BP) Sector Hers (HQ) l the Sector HQ, through the Border Patr! nforcement S Tnsfer ystem (13Pets) system to (2) the Operations �oCBP /P t/yashin (1 ^THE Headquarters up approva A Customs and ( Pa eral Emergency Management Agency {FEMA), Grant Program pirectorata (GPD }, Grant pevatopment and Administrative Division Notificat Jon i release of programmatic hold will be sent by FEMA via email to the Texas Homeland Se urfty State , gdminstrative d Agency (THSSAA) with a copy to OP G Coordinator at CBP /BP HQ, Washington DC. The Sub - recipient is prohibited from obligating, expending or drawing down EOCGP funds provided through this award until the required budget and budget narrative are reviewed and approved by FEMA and an official notice has been issued from FEW removing this special con dd ition. The Sub - recipient is prohibited from obligating or expending RCPGP funds provided through this award urrtll the required budget and bud g plans to et narrative era approved by FEMA and this condition rescinded. In addition, the Sub - recipient is prohibited from obligating or expend' ng RCPGP funds provided through this award until DHSlFEMA has provided signed approval of the project narrative and project the Sub - recipient. Ift Sub - recipient shall also comply with all other federal, state, and local laws and regull activities and performances rendered by the Sub- reciplent Including but not limited tc Government Code Chapter 783, Uniform Grant and Contract Management Code: St: currently availabl I lwww.txd s state x u� /dlrBCit�r t +* +� r r ion bulli; Standards (UGMS} curreniry at governor /flies / e -g statrants / ?UGMS0620( Sub - recipient Manual, currently available at Sub - recipients} must, in addition to the assuranoss and certifications, comply and re, Completion of the project to comply with aU applicable statutes, regulations, executive award, and the approved application. ti ons laws and the to regulations Promulgated gated in Texas to Administrative Agency Information Bulletins, dnshtm• Texas Uniform Grants Management 4. dac; and the State Administrative Agency OMB circulars, terms and in the , ns of the The Sub - recipient will follow Texas General Appropriations Act, Art IX, section 4.05 which requires conforming with: a) Texas General Appropriations Act, Art IX, Parts 2 and 3 of the General Appropriations Act, except there Is no requirement for increased salaries for local government employees; b) Texas Government Code section 558,004.556.005, and 556.006 including not using any money or vehicle to support the candidacy of WY Person for office; not influencing positivery or negatively the payment, loan, or gift to a person or political organization for a political Purpose; and not using grant funds to influence the passage or defeat of a legislative including not assisting with the funding of a Lobbyist, or using grant funds to pay dues to an organization with a registered Lobbyist; alcoholic beverages Government Section uy lus Sub-recipient may not use fundslto g an alcohollic nd em ploye not o uses reimburse any travel expense for an alcoholic beverage; 9 y pay or d) Texas General Appropriations Act, Art, IX, section 6.13 requiring Sub - recipients to make every effort to attain key performance target levels associated with this grant award, Including performance milestones, milestone time frames, and related performance reporting requirements; and e) General Appropriations Act, Art. IX, section 7.01, 7.02, and 7.03 and Texas Government Code § 2102.0091, including grants funds may only be expended if the Sub - recipient timely completes and files its reports. Please fill in the appropriate Informa #ion and sign. Print Name of Authorized Offadal D V1 e" Title gnature o u anz oral a Initial Date i j Vol. 1 5 Pg. � �... pap to of; is EXHISIT A ASSURANCES - NON- CONSTRUCTION PROGRAMS Sea Standard Form 42419 As the duly authorized representative of the sub - recipient, l certify that the sub - recipient: 1. Has the le al authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non- Fadaral share of project cost) to ensure proper planning, management and completion of the Project described in this agreement 2. Wit give the Department of Homeland Security, the Department of Public Safe - the Com appropriate, the State, through any authorized representative, access to and the try? ptr a l l r General of the p United States and, if related to the award; and wil esta lisp a proper accounting system in accordance toanaafl a ccepted books, a rs, or documents directives, generall ccepted accounting standards or agency 1 Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizati onal 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. Wit comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 0§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). ti. Wit 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 pprohibits discrimination on the basis of race color or national origin; (b) Tients of 1972, as amended g20 U.S.C. §§1881 -1683, and 1685 - 1686), h which prohibits discrimination on the basis of s tle IX of the Education Amen dm ex; (c) Section 504 of the Rehabilitation Act of 1 73, as amended (29 U.S.C. §794), which p Discrimination Act of 1975, as amended (42 U.S.C. 08101 - 6107), which discrimination disc im nation on the basis of s; ge; (e the Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C, §290dd -3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights ct of 1968 (42 U.S.C. § §3$01 at seq.), as amended, relating to nondiscrimination In the sale, rental or financing of housin (k) any other nondiscrmination provisions n the specific statute($) under which agreement for Federal assistance is being made; and, 0) 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 11 and iII of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 19 (P.L. 91 -646) which provide for N Jr and equitable treatment of persons displaced or whose ro acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real r p PertY is purposes regardless of Federal participation in purchases, P operty acquired for project S. Wit 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 • Wit 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. g276c 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 Tierally- assisted construction sub - agreements. t 10. 1Mll comply, if applicable, with flood Insurance purchase requirements of Section 102(x) of the Flood Disaster Protection Act of 1973 otal cost of insurable c ich requires and acquisition l is $10,0 0 or more kp pardcipata in the program and to purchase flood insurance if the 11. Will comply wish environmental standards which may be prescribed control to the followgg control measures under the National Environmental Policy Act of 1969 (P.L 91 -190) and Exeou in tly (a0 instit of environmental quality violating facilities ppursuant to Eo 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazags in floodplains in accordance with ED 11988; (e) assurance of project consistency with the approved State mariagemant program develo d under the Coastal Zone Management Act of 1972 (16 U. S.C. § §1451 at seq.); (f) conformity of Federal actions to State (Clean Air i mplementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 at seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -511); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. WiIJ assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 9866, as amended (16 U.S.C. §4717), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (18 U.S.C. §§469a -1 et seq.). 14. Wit 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. Wit comply with the Laboratory Animal Welfare Act of 1988 (P.L. 88.544, as amended, 7 U.S.C. handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by e th s a war of 18, Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 at seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Wit cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OM5 Circular No, A -133, "Audits of States, Local Governments, and Non -Profit Organizations." Initial Date 1 1 1 1 Cam', (] ft" 11 Or is Vol. `� Pg. �_ ��(/ -�� . -:. 18• Wrll comply with all applicable requirements of all other Federal laws, executiv orders, regulations, governing this program, regulations, rant guidance, and policies Please fill !n the approPrla information and sign. Print Name of Authorized Official Tide Subreclpie Organisation ignaturs o onzed cia Initial Date 4 - ?A ft L I PaQt 32 OP lot Vol. 1_ � � Pig• ®_ __�.��� ���.. EXHIBIT 8 ASSURANCES - CONSTRUCTION PROGRAMS As the duly authorized representative of the sub - recipient, I 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 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 Genera) 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. plans alnd S ppecifica en s. requirements of the assistance awarding agency with regard to the drafting, review and approval of construction 5. Wi rovid d m aintain co and spe add ors and will eerl h supervision at the construction site to ensure that the Complete work 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 organizations) conflict of interest, or personal gain. S. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. W728 -{763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OP 's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. WiJi comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil R hts Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title 1X 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 bass of handic Discrimination Act of 1975, as amended 42 U.S.C. 0 discrimination ag (d) the Agge the Office and Treatment Act of 1972 (P.L. 92 - 255), as amended relati g to no n di r sc mination on the bass of drug abuse; (f� the Drug Abuse Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L 91.618), as amended, rela Act o ting to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§2of I 968 and 290se 3), as amended, relating to confidentiality at § alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights f (42 U.S.C. J§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination Provisions in the speclflc statue(s) under which agreement for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statue($) which may apply to the agreement. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose pro perty is acquired as a result of Federal and federally- assisted programs, These requirements apply to all interests m real property acqu Project Purposes regardless of Federal participation in purchases. ired for 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. S §276a to 2769 -7), the Copeland Act (40 U.S.C. 5276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327- 33$) regarding labor standards for federally- assisted construction sub - agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P. L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11968; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air implementation Plans under Section the S of the Clean Air Act of 1965, as amended (42 U.S.C. §7401 at ssq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -58$); 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 11966, 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. §§�69a -1 at a"). Initial Date Y ®1. I �./ � pg. �� ✓� P°�13 OF 118 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 19% and OMB Circular No. A -133, "Audits of States, Local Governments, and Non -Profit Organizatlons 19 • VVEII amply with all applic2WS requirement$ of all other Federal laws, executive orders, governing this program. please fill in the appropriate information and sign. Print Name of Authorized Official,_ Title 1 Sub - recipient rg ization +gna #ure o Autftonze cla Da regulations, grant guidance and policies Initial Date Rap 1-0 os �s Vol. 1 r J p o� J Cy Exhibit C Ceruflcstions The undersigned, to the best of histher now a �es (print ), as the authorized official of s certifies the following attem A. Nppott Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or or as emg:r of Cong ss an in connecti connection tthe award nq of any FFederal contract themaking l an office f any Federal grant the making f Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, emplo ndmen 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 prohibiting lobbying 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 an sub- recpients 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 less st than $ 10, 0000 and not more than. $ 00,000 for each such failure file the required certification shall be subject to a civil penal of not D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification). The Sub - recipient certifies that it and its principals and vendors; I. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub - recipients can access debarment information by gong to &4Y and the State Debarred Vendor List Q1 perform 2. Have not within a three - year rlod preceding this agreement been convicted of or had a civil commission of fraud or a criminal offense In connection with obtaining, attempting to obtain, or performing judgment uc ederaaSta p� i oal) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and 4. Have not within athree -year period preceding this agreement had one or more public an Federal, State, or local} terminated for cause or default; or { 5, Where the sub•reciplent 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. Drug -free Workplace Act, as amended, 41 U.S.C. §701 at 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 involved in award - supported activities at any site where these activities will be carried out Also, place {s) where work !s being performed will be under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 CFR Part 17. H. Sub- recipient agrees that it is not delinquent on any Federal debt. I. Sub - recipient 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. 7 lnitla) Date ! Vt J Opp 25 of to Vol. 1 ✓ pg. J . Sub- redpient understands that (allure to comply with any of the above assurances may result in suspension, termination or rsductlon of grant funds. Please ff" In the SWOPrlats Information and sign. Print Name of Authorized Official ,l/I C., Title Sub- recipien Org 'anon igna re o u r2a cis e initial eats V- n"!6 OF iB Uol. pg. EXHIBIT D State of Texas Assurances As the duty authorized representative of the sub - recipient, t certify that the sub - recipient thid Will comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's goveming rd or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the rd degree of consanggulniry to any member of the governing body or to any other officer or employee authorized to employ or supervise such person, This prohlbitlon shall not prohibit the employment of a person who shalt have been continuously employed far a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Must insure that all information collected, assembled, or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, union otherwise expressly prohibited by law. 3. Must comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. ll health, human services, public safety, or flow enforcement ent agenccy tth� e , peimit, or has facility n rev ked by another health and human services agency or public safety or law enforcement agency. 6. Must omplyy with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupationa Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules If the subgrantee is a iaw enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Will follow all assurances. When Incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subreciplents shall maintain n appropriate a contract administration system to Insure that all terms, conditions, and specifications are met. (See UGMS Section _ 36 for additional guidance on contract provisions), 8. Must comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrentees shall also ensure that all program personnel are properly trained and aware of this requirement, 9. Will corn with all federal statutes relating to nondiscrimination. Th pIy ese include but are not limited to; (( Title V1 of the Civil Rights Act of 1964 ( ended, color, or national origin; (b) True IX of the Education Amendments of 1972, Reha as amended (20 U.S.C. § §1681 -1683, and 1685.1686), which prohibits discrimination on the basis of sex, (c) Section 504 of the Rehabilitati on Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§61016107), which prohibits discrimination on the basis of age; e) the Drug Abuse Office and Treatment Act of 1972 (P.L 92.255), as reiatinp in nondiscrimination basis of on the ba drug abuse; (0 the Comprehensive Alcohol Abuse and Alcoholism Prevention treatment, and Rehabilitation Act of inat on o the ba , as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; amended, of 1912 {42 U.S.0 §§290d&3 and 2908e -3), as amended, relating to confidentiality of alcohol and dr 6 27 abuse alie Pu recor h Tie Vill of the Civil Rights Act of 1968 (42 U.S.C. § §3601 at seq.), as amended, relating to nondiscrimination in the sale rental, or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 6) the requirements of any other nondiscrimination statute(s) which may apply to the application. 10. 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. §874), and the Contract Work Hours and Safety Standards Act (40 Lilt. § §327 -333), regarding labor standards for federally assisted construction subagreements. 11. Will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646), which provide for fair and equitable treatment of persons displaced or whose property !s acquired as a result of Federal or federally assisted programs. These requirements apply to all interests In real property acquired for protect purposes regardless of Federal participation n purchases. 12. Will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § §7321 -29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will Comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable, is not liWill td on the Env P otectionsVAgencyy'sd le or list of su pervision whic shall be that i notify the m agen of the are receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project under consideration for listing by the EPA (EO 11738). a 11 � � � L ))) 1�'�, p g . �` �[ Initial Date j �lol. c 5 ! -59 Pap41a OF.is r ''1 15. WIN comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Lawn 93 -234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition receipt of any Federal financial assistance for construction or acqulsition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area haying special food hazards. for the 16. 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 { Coastal 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 Aoodplains in accordance with 1 ment (e) assurance of U.S. ment program developed under the Coastal Zone Management Act of 1972 (16 .. . §§ act consistency , as amended (42 U.S1451 et seq.); { with e approved state mane w the S f) the of federal actions to State (Clear Air) developed under the implementation Plans under Section } the Clear Alt Act t 11$5 .C. §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Drinking Water Act of 1974, as amended (P. L, 93 -5 23); and (h} protection of endangered species under the Endangered Species Act of 1973, as emended (P .L. 93 -205). 17. Will comply with the Wild and Scenic Rivers Act of 1968 0 6 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 18. Will assist the awardingg envy in assudng compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 1identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§489a -1 at seq,). 19. Will Comply with the Laboratory Animal Welfare Act of 1968 (P.L. 89-544, as amended, 7 U.S.C. § §2131 at 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. 20. 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 constriction or rehabilitation of residential structures. 21. Will comply with Public Law 103 -277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act 22, Will Comply with ail federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Will comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at 25. Must adopt and implement applicable provisions of the model HNJAIDS workplace guidelines of the Texas Department of Health as required by the Texas health and Safety Code, Ann., Sec. 85.001, at seq. initial Date (Tb lI Vol. _ i s i + Pg. l i Please fill In the appropriate Information and sign. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 9.1 -9.2 On this the 29th day of November 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS on 29th day of November 2011 the Court heard and approved a budget amendment for the 201 1- 2012budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 29th day of November 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: '— Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. i 5 � P acs_ I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 9.1 'I.1 1701 A FUND DIV ACCT PROJ DR 63000500 ACCOUNT NAME Increase Decrease 4500 63000500 67286000 CR Equipment -Other 3,66798 4500 63000500 67050000 DR Appliances 3,66798 ital Projects Comm. Ct. Reallocation of funds to purchase 2 Metro Heated Holdin!/Prooffng Cabinets fo the Jail. Items were Budget Hearin Prepared By: nnm Date: 11/18/2011 loft �. � Pg- Vo Department Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 9.2 Prepared By: nnm Department Approval Date Date: 11/21/2011 County Judge Approval Date vol. i! qf P 42 b 3, . PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 29, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Employee Request Action Requested Applies To Expo Mejias, Christopher IT McNeil, Stephen Resignation New Hire Approved in Commissioners' Court: November 29 2-0 \ - -- County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. Brazos County Purchasing Department Weekly Update 11/18/11 — 11/21111 Number of PO's Processed: 50 Requisitions Completed: 2 Capital Payments: 4 Projects In Progress Construction Courthouse: Phase I & 11 - 3rd floor framing of walls in progress 2nd and 3"d Floor Remodel - Framing of old Grand Jury room in progress - Waiting on the arrival of carpet for DA area Phase III - Contractor securing contracts with subs Bids/ RFP's/ RFQ's Aggregate for Surface Treatment Flexible Base High speed, low volume fans for Expo Cracked Fuel oil - Responses under review - Responses under review -Out for bid 11 /18 -Out for bid 11/18 Renewals Janitorial Supplies Materials Testing -Bid solicitation in progress - Waiting for vendor response Solicitation of Quotes None in progress APPROVED l Duane Peters date County Judge Vol. 1 Other Auction - Purchasing is receiving surplus from departments Sanctuary Courtroom - Additional items being purchased Purchasing Policy - Reviewing and revising policy Electronic Bid System - Contract and requirements to City of College Station for approval Assets - Reconciliation complete for FY 2011 - Currently tagging all furniture in north wing and sanctuary in admin. building Vol. 1 j54 Pg.