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CC Resolution No. 2802
RESOLUTION NO. 2802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR FUNDING IN THE AMOUNT OF SEVENTY-FIVE THOUSAND AND N0I100 DOLLARS ($75,000.00) TO THE TEXAS GENERAL LAND OFFICE'S (GLO) COMMUNITY DEVELOPMENT BLOCK GRANT - MITIGATION (CDBG-MIT) LOCAL HAZARD MITIGATION PLANS PROGRAM (LHMPP) ON BEHALF OF EMERGENCY MANAGEMENT AND ACCEPT ANY RESULTING AWARD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to submit an application for funding in the amount of SEVENTY-FIVE THOUSAND AND NOI100 ($75,000.00) to the Texas General Land Office's (GLO) Community Development Block Grant - Mitigation (CDBG-MIT) Local Hazard Mitigation Plans Program (LHMPP) on behalf of Emergency Management and accept any resulting award. A sample agreement and exhibits is attached hereto,marked Exhibit"A"and made a part hereof for all intents and purposes. Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 13th day of October, 2022. NDON CAPETILLO, M or ATTEST: o&eso PYjoWN TF 0 • o ANGELA JACKSON, Ci ( Ma k ��°eO°O000es•°°°• APPROVED AS TO ORM: SCOTT LEMON D, City Attorney RAScottOrdinances 10-13-22\Resolution CDBG-MIT Application.docx EXHIBIT "A" OMB Approval No,0348-0042 ASSURANCES -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C. §§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards for merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R.900, Subpart F). 2, Will give the awarding agency, the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §§4801 et seq.) which through any authorized representative, access to and prohibits the use of lead-based paint in construction or the right to examine all records, books, papers, or rehabilitation of residence structures. documents related to the assistance; and will establish a proper accounting system in accordance with 10. Will comply with all Federal statutes relating to non- generally accepted accounting standards or agency discrimination. These include but are not limited to: (a) directives. Title A of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, 3. Will not dispose of, modify the use of, or change the color or national origin; (b) Title IX of the Education terms of the real property title, or other interest in the Amendments of 1972, as amended(20 U.S.C. §§1681- site and facilities without permission and instructions 1683, and 1685-1686), which prohibits discrimination from the awarding agency. Will record the Federal on the basis of sex; (c) Section 504 of the interest in the title of real property in accordance with Rehabilitation Act of 1973, as amended (29 U.S.C. awarding agency directives and will include a covenant §794), which prohibits discrimination on the basis of in the title of real property aquired in whole or in part handicaps; (d) the Age Discrimination Act of 1975, as with Federal assistance funds to assure non- amended (42 U.S.C. §§6101-6107), which prohibits discrimination during the useful life of the project discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as 4. Will comply with the requirements of the assistance amended, relating to nondiscrimination on the basis of awarding agency with regard to the drafting, review and drug abuse; (f) the Comprehensive Alcohol Abuse and approval of construction plans and specifications. Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to 5. Will provide and maintain competent and adequate nondiscrimination on the basis of alcohol abuse or engineering supervision at the construction site to alcoholism; (g) §§523 and 527 of the Public Health ensure that the complete work conforms with the Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee- approved plans and specifications and will furnish 3), as amended, relating to confidentiality of alcohol progress reports and such other information as may be and drug abuse patient records; (h) Title VIII of the required by the assistance awarding agency or State. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, 6, Wili initiate and complete the work within the applicable rental or financing of housing; (i) any other time frame after receipt of approval of the awarding nondiscrimination provisions In the specific statute(s) agency. under which application for Federal assistance is being made; and, a) the requirements of any other 7. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the using their positions for a purpose that constitutes or application. presents the appearance of personal or organizational conflict of interest,or personal gain. Standard Form 424D(Rev.7-97) Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102 11. Will comply, or has already complied, with the National Environmental Policy Act of 1969 (P.L. 91- requirements of Titles II and III of the Uniform Relocation 190) and Executive Order (EO) 11514; (b) notification Assistance and Real Property Acquisition Policies Act of of violating facilities pursuant to EO 11738; (c) 1970 (P.L. 91-646) which provide for fair and equitable protection of wetlands pursuant to EO 11990; (d) treatment of persons displaced or whose property is evaluation of flood hazards in floodplains in accordance acquired as a result of Federal and federally-assisted with EO 11988; (e) assurance of project consistency programs. These requirements apply to all interests in real with the approved State management program property acquired for project purposes regardless of developed under the Coastal Zone Management Act of Federal participation in purchases. 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation 12. Will comply with the provisions of the Hatch Act (5 U.S.C. Plans under Section 176(c) of the Clean Air Act of §§1501-1508 and 7324-7328) which limit the political 1955, as amended (42 U.S.C. §§7401 et seq.); (g) activities of employees whose principal employment protection of underground sources of drinking water activities are funded In whole or in part with Federal funds, under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of 13• Will comply, as applicable,with the provisions of the Davis- endangered species under the Endangered Species Act Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act of 1973,as amended(P.L.93-205). (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- 16. Will comply with the Wild and Scenic Rivers Act of 333) regarding labor standards for federally-assisted 1968 (16 U.S.C. §§1271 et seq.) related to protecting construction subagreements. components or potential components of the national wild and scenic rivers system. 14 Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance (P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Historic Preservation hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 flood insurance if the total cost of insurable construction (identification and protection of historic properties), and and acquisition is$10,000 or more. the Archaeological and Historic Preservation Act of 1974(16 U.S.C. §§469a-1 et seq.). 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institut on of 18. Will cause to be performed the required financial and environmenta'quality control measures under the compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders,regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED l _ I � SF-424D(Rev.7.97)Back THIS FORM MUST BE EXECUTED FORM CO.512 US DEPARTMENT OF COMMERCE (REV 12-04) CERTIFICATION REGARDING LOBBYING LOWER TIER COVERED TRANSACTIONS Applicants should review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying.' LOBBYING Statement for Loan Guarantees and Loan Insurance As required by Section 1352, Title 31 of the U.S. Code, and The undersigned states,to the best of his or her knowledge implemented at 15 CFR Part 28,for persons entering into a grant, and belief,that: cooperative agreement or contract over$100,000 or a loan or loan guarantee over$150,000 as defined at 15 CFR Part 28, Sections In any funds have been paid or will be paid to any person for 28.105 and 28.110,the applicant certifies that to the best of his or her influencing or attempting to influence an officer or employee knowledge and belief,that: of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in (1) No Federal appropriated funds have been paid or will be paid, connection with this commitment providing for the United by or on behalf of the undersigned,to any person for influencing or States to insure or guarantee a loan, the undersigned shall attempting to influence an officer or employee of any agency, a complete and submit Standard Form-LLL, "Disclosure Form Member of Congress in connection with the awarding of any to Report Lobbying," in accordance with its instructions. Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, Submission of this statement is a prerequisite for making or and the extension, continuation, renewal, amendment, or entering into this transaction imposed by section 1352, title modification of any Federal contract, grant, loan, or cooperative 31,U.S.Code. Any person who fails to file the required state- agreement. ment shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure occurring (2) If any funds other than Federal appropriated funds have been on or before October 23, 1996,and of not less than$11,000 paid or will be paid to any person for influencing or attempting to and not more than $110,000 for each such failure occurring influence an officer or emp oyee of any agency, a Member of after October 23, 1996. Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard FomrLLL,"Disclosure Form to Report Lobbying," in accordance with its instruct ons. (3) The undersigned shal' require that the language of this certification be inc uded in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Cade.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 occurring on or before October 23, 1996, and of not less than $11,000 and not more than$110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME PRINTED NAME AND TITLE OFAUTHORIZED REPRESENTATIVE SIGNATURE DATE THIS FORM MUST BE EXECUTED DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 See reverse for public burden disclosure. 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract Ia. bid/offer/application i=1 a. initial filing b. grant b. initial award � b. material change c.cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f.loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name ❑Prime ❑Subawardee and Address of Prime: Tier if known: I Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: I 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): 11.Information requested through this form is authorized by title 31 U S.0 section Signature: 1352. This disclosure of lobbying activities is a material representation of fact upon which rebance was placed by the bar above when this transaction was made or entered unto. This disclosure is required pursuant to 31 USC. 1352. This Print Name: information will be available for public inspection Any person who fads to file the required disclosure shall be subject to a awl penalty of not less than S10.000 and Title: nut more than$100.000 for each such failure Telephone No.: Date: Federal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev.7-97) THIS FORM SHOULD BE EXECUTED ONLY WHEN REPORTING LOBBYING ACTIVITIES UNDERTAKEN WITH GRANT FUNDS INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreement to make paymentto any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employeeof Congress,or an employeeof a Member of Congress in connection with a covered Federal action Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g,the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants, 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment,Include at least one organ izationallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP)number; Invitation for Bid (IFB) number;grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. Attachment** GLO Contract No.**** Page 1 of 2 GENERAL AFFIRMATIONS Provider agrees without exception to the following affirmations: 1. Provider certifies that he/she/it has not given, offered to give, nor intends to give at anytime hereafter,any economic opportunity, future employment, gift,loan gratuity, special discount,trip, favor,or service to a public servant in connection with the Contract. 2. Provider certifies that neither Provider nor any firm, corporation, partnership, or institution represented by Provider or anyone acting for such firm, corporation,partnership,or institution has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15,or federal antitrust laws; or(2)communicated the contents of the Contract or proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for the Contract or proposal. 3. Provider certifies that if its business address shown on the Contract is a Texas address,that address is the legal business address of Provider and Provider qualifies as a Texas Resident Bidder under Texas Administrative Code,Title 34, Part 1,Chapter 20. 4. Section 2155.004 of the Texas Government Code prohibits the award of a contract that includes proposed financial participation by a person who received compensation from the Subrecipient to participate in preparing the specifications or request for proposals on which the Contract is based. Under Section 2155.004, Government Code, the vendor [Provider] certifies that the individual or business entity named in this bid or Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. 5. Under Texas Family Code section 231.006, a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services. Under Section 231.006, Texas Family Code, the vendor or applicant [Provider] certifies that the individual or business entity named in this Contract,bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. 6. Provider agrees that any payments due under the Contract will be applied towards any debt, including but not limited to delinquent taxes and child support,Provider owes to the State of Texas. 7. The Subrecipient is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism and any subsequent changes made to it. The Subrecipient will cross-reference Providers/vendors with the federal System for Award Management (https://www.sam.gov/), which includes the United States Treasury's Office of Foreign Assets Control(OFAC) Specially Designated National(SDN)list. 8. Provider certifies: 1) that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity; 2) that Provider is in compliance with the State of Texas statutes and rules relating to procurement; and 3)that Provider is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.govl. Attachment** GLO Contract No.**** Page 2 of 2 9. Under Section 2155.006(b)of the Texas Government Code, the Subrecipient may not enter into a contract that includes proposed financial participation by a person who,during the five year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief,recovery,or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief,recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459,Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, Provider certifies that the individual or business entity named in the Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. 10. The state auditor may conduct an audit or investigation of any entity receiving state funds directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor,under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee,an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Provider shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Provider and the requirement to cooperate is included in any subcontract it awards. 11. Provider understands that the neither the Subrecipient nor the GLO tolerate any type of fraud. The Subrecipient's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Providers are expected to report any possible fraudulent or dishonest acts,waste,or abuse affecting any transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or to tracey.hall cr,glo.texas.gov. NOTE: Information, documentation, and other material related to this Contract may be subject to public disclosure pursuant to the "Public Information Act," Chapter 552 of the Texas Government Code. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment E Contract No. 2 pages plus form and certificates REQUIRED INSURANCE GENERALLY. Provider shall, at its sole expense, acquire, maintain, and keep in force for the duration of this Contract, insurance in the amounts attached herein and under the requirements specified herein. Furthermore, unless specified or otherwise agreed to by the Subrecipient, the required insurance shall be in effect prior to the commencement of work by Provider and shall continue in full force until the earlier as appropriate of (i) the expiration of this Contract; or (ii) such time as the Subrecipient notifies Provider that such insurance is no longer required. Any insurance or self-insurance available to the Subrecipient shall be in excess of, and non-contributing with, any insurance required from Provider. Provider's insurance policies shall apply on a primary basis. If, at any time during the Contract, an insurer or surety fails to provide insurance to Provider or otherwise fails to comply with the requirements of this Contract, Provider shall immediately notify the Subrecipient and replace such insurance or bond with an insurer meeting such requirements. General aggregate limits of Provider's Commercial General Liability policy shall apply per project. Provider's auto insurance policy shall apply to "any auto." Approval. Prior approval of the insurance policies by the Subrecipient shall be a condition precedent to any payment of consideration under this Contract and insurance must be submitted for review and approval by the GLO prior to the commencement of work. Any failure of the Subrecipient to timely approve or failure to disapprove the insurance furnished by Provider shall not relieve Provider of Provider's full responsibility to provide the insurance required by this Contract. Continuing Coverage. The Subrecipient's approval of any changes to insurance coverage during the course of performance shall constitute an ongoing condition subsequent to this Contract. Renewal. Provider shall provide the Subrecipient with renewal or replacement certificates no less than thirty(30)days before the expiration or replacement of the required insurance. Additional Insured Endorsement. The Subrecipient, the GLO, and each entity's officers, employees, and authorized agents shall be named as additional insureds for all liability arising under this Contract except on Workers' Compensation and Professional Liability policies. An original additional insured endorsement signed by an authorized insurance company representative must be submitted to the Subrecipient to evidence the endorsement of the Subrecipient as an additional insured on all policies, and the certificate(s) must reference the related Subrecipient Contract Number. Subrogation. Each liability insurance policy, except Professional Liability, shall provide for a waiver of subrogation as to the Subrecipient, the State of Texas, the GLO, and their officers, employees, and authorized agents, and shall be issued by insurance companies authorized to do business in the State of Texas, and currently rated by A.M. Best as "A-"or better. Policy Cancellation Endorsement. Except for ten (10) days' notice for non-payment of premium, each insurance policy shall be endorsed to specify that without 30 days' prior Attachment D Contract No. 2 pages plus form and certificates written notice to the Subrecipient, the policy shall not be canceled, non-renewed, or coverage and/or limits reduced or materially altered, and shall provide that notices required by this paragraph shall be sent by certified mail to the address specified in this Contract. A copy of this signed endorsement must be attached to this Contract. Alternative Insurability. Notwithstanding the requirements of this Attachment, the Subrecipient reserves the right to consider reasonable alternative methods of insuring the contract in lieu of the insurance policies and/or bonds required. It will be Provider's responsibility to recommend to the Subrecipient alternative methods of insuring the Contract. Any alternatives proposed by Provider should be accompanied by a detailed explanation regarding Provider's inability to obtain insurance coverage as described in this Contract. The GLO shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage. INSURANCE REQUIRED: $1 MILLION COMMERCIAL GENERAL LIABILITY(EACH OCCURRENCE) $2 MILLION COMMERCIAL GENERAL LIABILITY(AGGREGATE LIMIT) $1 MILLION CSL AUTOMOBILE INSURANCE $1 MILLION ERRORS AND OMISSIONS STATUTORY WORKERS' COMPENSATION&EMPLOYERS LIABILITY -$1 MILLION EACH ACCIDENT -$1 MILLION DISEASE EACH EMPLOYEE -$1 MILLION DISEASE POLICY LIMIT STATUTORY U.S. LONGSHORE AND HARBOR WORKERS' INSURANCE NOTE: Insurance certificates must be in the form approved by the Texas Attorney General, a sample of which follows this page. Insurance Certificates must: (a) be submitted the Subrecipient; (b) prominently display "Subrecipient Contract No. XXXXXX (c)Name the Subrecipient and the General Land Office as an additional insured. Failure to submit required insurance forms as instructed may significantly delay the start of work under the Contract. REQUIRED FORM OF CERTIFICATE FOLLOWS THIS PAGE Revised 9/2/2016 �.� Contract No. ******* A4CaRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIVYVY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). _ PRODUCER CONTACT — NAME: _ HONE I No._xS) --- i�aCa.No� -- E-MAIL Required form of Insurance ADORES' INSURERS AFFORDING COVERAGE NAIGD INSURER A: INSURED INSURER B INSURER C INSURER D: INSURERE_- INSURER F: C,OVE:RAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ` CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, li EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i Ira TYPE OFONSURANOE J�ADD9 !WBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS I (MMIDDIYYYYI I JMMIDD/YYYYI ' I GENERAL LIABtUTY _ACH OCCURRENCE $ ('- _ __ DATJiAGETd RL'N7'E'0— ---II1�---- I COMMERCIAL GENERAL LIABILITY PREIA.__S 1 ocrunence I $ CLAIMS MADE OCCUR AIE D EXP(Any one person) $ PE!RSOHAL 8 AOV INJURY I GENERAL AGGREGATE $ GENI'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGG IS 1 r PR POLICY I ] O- LOC S AUTOMOBILE LIABILITY F a BI KC, D I GL LIMIT +—� --- -- E acc dont)_ _ ANY AUTO BODILY INJURY(Per person) $ ALL j SCHED AUTOS OWNED AUTOSULED BODILY INJURY(Per accident) $ HIRED AUTOS NOTOSWNED PRJlPe TY AM GE � $ S UMBRELLA LIAB OCCUR ��I EACH OCCURRENCE $ EXCESS LIAS CLAIMS-MADE AGGREGATE $ DED I I RETENTIONS S WORMERS WLPLOYENRSELIABILI Y YIN TC1R�PNSATION Y j,IM T$1_j_,F kNY WOPRIETORIPARTNERIEXECUTIVE E.L.DICH A(:CIDENT S OPPICEWiEMBER EXCLUDED? N/A 41t andatoryIn NH) ( E.L.DISEASE-EA,BVIPLOY s If�2c.cles.^rs�under DERCR1 I IE.L.,DISEASE-POLICY LIMIT 5 1 f I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) s CERTIFICATE HOLDER CAINCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SEFURE THE EXPJRATION DATE THEREOF, NOTICE WILL BE DEL'VVERIED 1N ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010105) The ACORD Name and logo are registered marks of ACORD This Sample Contract is provided as an EXAMPLE ONLY. The Texas General Land Office ("GLO")makes no representations or warranties regarding the sufficiency of this Sample Contract for use by any party including, without limitation, any local government entity. A local government entity should consult with its own contracting and procurement staff and/or legal counsel regarding the sufficiency of any contract document or procurement process. GRANT ADMINISTRATION SERVICES FOR NON-HOUSING OR RENTAL/NON-RENTAL HOUSING PROJECTS UNDER THE U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT NO. THE ****insert subrecipient name**** (the "Subrecipient") and ****insert vendor name****, Tax Identification Number*** ("Provider"), each a "Party" and collectively, "the Parties," enter into the following contract for grant administration services (the "Contract") pursuant to Local Govt. Code 252 and 2 C.F.R. Part 200. WHEREAS, the Subrecipient has received U.S. Department of Housing and Urban Development Community Development Block Grant — Disaster Recovery ("CDBG-DR") funds, administered by the Texas General Land Office ("GLO") for damage sustained from ; and WHEREAS, the CDBG-DR program is funded under the Transportation, Housing and Urban Development, and Related Agencies Appropriation Act, 2016, Pub. L.No. 114-113. Now,THEREFORE,the Parties agree to the following terms and conditions: I. DEFINITIONS/INTERPRETIVE PROVISIONS/PROJECT DESCRIPTION 1.01 DEFINITIONS "Activity"means a defined class of works or services authorized to be accomplished using CDBG-DR grant funds.Activities are specified in Subrecipient Budgets as `Category,' and the terms are interchangeable under this Contract. "Administrative and Audit Regulations" means the regulations included in Title 2, CFR, Part 200. Chapter 321 of the Texas Government Code; Subchapter F of Chapter 2155 of the Texas Government Code; and the requirements of Article VII herein. With regard to any federal funding, agencies with the necessary legal authority include: the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of Inspector General, and any of their authorized representatives. In addition, state agencies and/or designee's with the authority to audit and inspect include, the Subrecipient, the GLO, the GLO's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office and the Texas Comptroller of Public Accounts. "Activity"means a defined class of works or services authorized to be accomplished using CDBG-DR grant funds. Activities are specified in Subrecipient Budgets as `Category,' and the terms are interchangeable under this Contract. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the execution page, or incorporated by reference, as if physically. "Amendment" means a written agreement, signed by the parties hereto, which documents alterations to the Contract. "Benchmark" or "Billing Milestone" means a clearly defined set of incremental services that must be performed;or an interim level of accomplishment that must be met by Provider in order to receive periodic incremental and final reimbursement for services under this Contract. "CDBG—DR" means the Community Development Block Grant—Disaster Recovery Program administered by the U.S. Department of Housing and Urban Development, in cooperation with the GLO. "Certificate of Construction Completion"means a document submitted by an engineer or, if none, a construction contractor, to a Grantee which, when executed by the Grantee, indicates acceptance of the non-housing project, as built. "Contract" means this entire document, along with any Attachments, both physical and incorporated by reference; and any Amendments. "Contract Period"means the period of time between the effective date of a contract and its expiration or termination date. "Deliverable" means a unit or increment of work to include, any item, report, data, document,photograph,or other submission required to be delivered under the terms of this Contract, in whatever form=. "Federal Assurances"means Standard Form 424B (Rev. 7-97)(non-construction projects); or Standard Form 424D (Rev. 7-97) (construction projects), in Attachment A, attached hereto and incorporated herein for all purposes. "Federal Certifications" means U.S. Department of Commerce Form CD-512 (12-04), "Certifications Regarding Lobbying — Lower Tier Covered Transactions," also in Attachment A, attached hereto and incorporated herein for all purposes. "Final Inspection Report' means the document submitted by the housing contractor to a Subrecipient under a CDBG-DR Housing grant contract, indicating the completed construction of one Housing Unit. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "GAAP" means"Generally Accepted Accounting Principles." "GASB" means the Governmental Accounting Standards Board. "General Affirmations" means the statements in Attachment B, attached hereto and incorporated herein for all purposes,which Provider affirms by executing this Contract. "GLO"means the Texas General Land Office, its officers, employees, and designees. "GLO-Vendor Contract" means the contract or contracts between the GLO and Provider procured through the Solicitation; such GLO-Vendor Contract is hereby incorporated herein by reference, for all purposes. "Grant Administration Fee" means the amount to be paid to Provider for all services performed for a Subrecipient. "Housin " refers to a project involving home repair, home reconstruction, and new home construction; including housing for single-family and multi-family rental units under a CDBG-DR program grant. "Housing Unit"means one house, or one multi-family rental unit. "HSP" means HUB Subcontracting Plan, as outlined by Chapter 2161 of the Texas Government Code. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "HUD" means the United States Department of Housing and Urban Development. "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/ "Non-housing" refers to a project involving the restoration and/or repair of infrastructure facilities and the economic revitalization activities approved under a CDBG-DR program grant. "Performance Statement"means Provider's detailed scope of work hereby incorporated for all purposes as Attachment C. "Project" means the grant administration services described in SECTION 1.03 of this Contract and in any applicable Attachments. "Project Completion Report" means a report containing an "as built" accounting of all projects completed under a CDBG-DR non-housing or housing grant, and containing all information required to completely close out a grant file. "Project Implementation Manual" means a set of guidelines for the CDBG-DR Program, incorporated herein by reference for all purposes in its entirety. "Project Period"means the stated time for completion of a Project assigned by Work Order, if any. "Prompt Pay Act" means Chapter 2251, Subtitle F of Title 10 of the Texas Government Code. "Provider"means****insert vendor name****, selected to provide the services under this Contract, if any. "Public Information Act" means Chapter 552 of the Texas Government Code. "Ouarterly Report"means a document submitted by Provider to a Subrecipient for approval and submission to the GLO as a condition of reimbursement, as discussed in SECTION 1.05 and ARTICLE III, below. "R T/"RFP"means the Subrecipient's Request for Qualifications/Proposals No. , or the Solicitation, as defined below. "Setup" means documentation, submitted by a Subrecipient, necessary for the GLO to determine that housing sites meet minimum eligibility criteria,resulting in approval for the Subrecipient to move forward with the projects. "Solicitation" means Subrecipient's Request for Qualifications/Proposals No. , including any Addenda. "Solicitation Response" means Provider's full and complete response to the Solicitation, including any Addenda. "State of Texas TexTraver,means Texas Administrative Code,Title 34,Part 1,Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Subcontractor"means an individual or business that signs a contract to perform part or all of the obligations of Provider under this Contract. "Subrecipient" means ****insert subrecipient name****, a local governmental body or political subdivision that receives funds under HUD's CDBG DR Program for housing projects. Any Work Order issued for services to a recipient of a housing grant shall refer to"Subrecipient"as the party served. "Subrecipient Agreement" means the contractual agreement for a CDBG-DR housing or non-housing grant between the GLO and the Subrecipient for which Provider performs services assigned by the Subrecipient, if any. "Technical Guidance Letter or`TGL"'means an instruction,clarification,or interpretation of the requirements of the CDBG-DR Program, issued by the GLO to specified recipients, applicable to specific subject matter, to which the addressed Program participants shall be subject. "Weekly Report" means a document submitted weekly by a Subrecipient showing the status of all housing projects, both completed and remaining, and any other information as may be required by the GLO. 1.02 INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; (b) The words"hereof,""herein,""hereunder,"and similar words refer to this Contract as a whole and not to any particular provision, section, attachment, work order, or schedule of this Contract unless otherwise specified; (c) The term"including"is not limiting and means"including without limitation"and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto,but only to the extent that such amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; (e) All attachments within this Contract,including those incorporated by reference,and any amendments are considered part of the terms of this Contract; (f) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations,regulations,and policies are cumulative and each shall be performed in accordance with its terms; (g) Unless otherwise expressly provided, reference to any action of the Subrecipient or by the Subrecipient by way of consent, approval, or waiver shall be deemed modified by the phrase"in its/their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the Subrecipient shall not be unreasonably withheld or delayed; (h) Time is of the essence in this Contract. (i) In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract; Attachments to the Contract: Attachment X, Attachment Y, Attachment Z (Attachment order will be specific to each Contract, Provider's Response will be the last item in the overall list.); Solicitation Documents; and Provider's Response to Solicitation. General Rule: Contract, General Affirmations, Insurance, other does created by us like the solicitation, then does created by them. Ask an Atty if you have out of the ordinary documents 1.03 PROJECT Provider shall perform, or cause to be performed at the direction of the Subrecipient, in assistance to Subrecipient, comprehensive administration services necessary to facilitate activities for the disaster relief, recovery, restoration, and economic revitalization in areas affected by under the CDBG—DR Program. Provider will assist the Subrecipient in fulfilling State and Federal CDBG-DR statutory responsibilities related to recovery from Hurricanes Ike and Dolly including, but not limited to, performing grant administration services for non-housing and/or housing projects. Grant administrative services must be performed in compliance with (i) HUD requirements, (ii) the Non- Exclusive List of Laws, Rules, and Regulations in Attachment D; (iii) this Contract and all Attachments, including Provider's Performance Statement, Attachment C; (iv) any Amendments to this Contract; (v) any Technical Guidance Letter, program requirements, or program guidance that may be issued by the GLO; (vi) GLO RFQ Nos. ; and(viii) Provider's full and complete response to the RFQ ("the Project"). Provider shall be responsible at all times for maintaining close oversight of approved projects and record-keeping including, but not limited to, obtaining and maintaining, through Provider's own efforts, the Subrecipient's current Performance Statement / Implementation Schedule, and Budget, including Revisions approved and Technical Guidance Letters issued by the GLO; and any other information that may be required for the satisfactory performance by Provider of the services herein described or assigned under a Work Order, as discussed below. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 1.04 REPORTING REQUIREMENTS Provider shall assist the Subrecipient to timely submit all reports and documentation that are required under this Contract and any Subrecipient Agreement. WEEKLY REPORTS—APPLICABLE TO HOUSING PROJECTS ONLY: Provider submit to the Subrecipient a Weekly Report containing all information as required by the GLO under the Subrecipeint Agreement including,but not limited to,the number of Housing Units completed and the number of Housing Units remaining to be completed. QUARTERLY REPORTS — APPLICABLE TO NON-HOUSING AND HOUSING PROJECTS: QUARTERLY REPORTS ARE REQUIRED AS A CONDITION OF REIMBURSEMENT TO ALL SUBRECIPIENTS. It is incumbent upon Provider to facilitate the submission of each Quarterly Report in a timely manner. Each Quarterly Report shall include progress made since the prior reporting period, current Benchmarks achieved, projected quantities, problems encountered and detailed plans to correct them, goals to be accomplished in the subsequent reporting period, and any other information as may be required by the GLO. The GLO may review the Quarterly Report(s) and may request revisions to be made. Provider shall make itself aware of such revision requests and shall assist the Subrecipient in making appropriate revisions. Upon acceptance of the Quarterly Report and submission of a properly prepared invoice, appropriate payment may be made to Subrecipient and to Provider. In the sole discretion of the GLO, reports may be requested more often than quarterly, and Provider shall facilitate the timely submission to the GLO of such additional information by the Grant Recipient. Reimbursement may be withheld if a Quarterly Report is delinquent or deficient, in the sole discretion of the GLO. PROJECT COMPLETION REPORTS: NON-HOUSING SERVICES: Provider shall prepare and submit to the Subrecipient a draft Project Completion Report (PCR) by the close of business no later than thirty (30) days from Provider's receipt of the fully executed final Certificate of Construction Completion ("COCC"). Provider shall then cooperate with the Subrecipient to submit the final, signed, PCR to the GLO by the close of business no later than sixty (60) days from Provider's receipt of the fully executed final COCC. The PCR must be submitted in accordance with the specifications in the Project Implementation Manual, and must include a full description of all Subrecipient projects, both as originally assigned and as ultimately completed, accounting for all Amendments, Revisions, and Technical Guidance Letters, if any. HOUSING SERVICES: Provider shall prepare and submit to the Subrecipient a draft PCR by the close of business no later than thirty(30) days from Provider's receipt of the last Final Inspection Report,which indicates that all Housing Units approved in Subrecipient's grant have been completed. Provider shall then cooperate with the Subrecipient to submit a final, signed, PCR to the GLO by the close of business no later than sixty (60) days from Provider's receipt of the last Final Inspection Report. The PCR must be submitted in accordance with the specifications in the Project Implementation Manual,and must include a full description of all Subrecipient projects,both as originally assigned and as ultimately completed, accounting for all Amendments, Revisions, and Technical Guidance Letters, if any. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK II.TERM 2.01 DURATION This Contract shall be effective as of the date signed by the last party, and shall terminate on . The Subrecipient, at its own discretion,may extend any contract awarded pursuant to the Solicitation for up to (_}additional (_) year terms or until the time the grant funding expires, whichever comes first. Any extension will be subject to terms and conditions mutually agreeable to both parties. 2.02 EARLY TERMINATION The Subrecipient may terminate this Contract by giving written notice specifying a termination date at least thirty(30) days subsequent to the date of the notice. Upon receipt of any such notice, Provider shall cease work, undertake to terminate any relevant subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the parties,accrued up to the date of termination. 2.03 ABANDONMENT OR DEFAULT If the Provider defaults on the Contract, the Subrecipient reserves the right to cancel the Contract without notice and either re-solicit or re-award the Contract to the next best responsive and responsible vendor qualified under the Solicitation.The defaulting provider will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the specification or scope of work significantly changed. The period of suspension will be determined by the Subrecipient based on the seriousness of the default. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK III. CONSIDERATION 3.01 CONTRACT LIMIT,FEES,AND EXPENSES Provider will be compensated on a negotiated fee basis, for a not to exceed amount of**** DOLLARS ($***.**), reimbursable in increments as shown in the Benchmarks in Attachment C for the type of work to be performed. The Grant Administration Fee shall not exceed the maximum amount available for such services as prescribed by the Subrecipient Agreement, the GLO, HUD or any governing law, for the term of this Contract. The Subrecipient agrees to pay Provider in accordance with The Prompt Pay Act Tex. Govt. Code Ch. 2251. The form of invoice will be prescribed by the Subrecipient and made available to Provider in a separate submission from the Subrecipient. Grant funds must not be commingled between or among HUD funding rounds; nor between or among Non-Housing and Housing assignments. Reimbursement for services may be requested based on the Benchmarks, according to the type of services authorized, contingent upon Provider's facilitation of the timely submission of each Quarterly Report required, as discussed in SECTION 1.04, above. At a minimum, invoices must clearly reflect: (a) Provider's Contract Number; (b) the name and GLO Contract Number (12 digits) of the Subrecipient Agreement to which services have been provided; (c) the current amount being billed; (d) the cumulative amount billed previously; (e) the balance remaining to be billed; and (f) an itemized statement of services performed, including documentation as required under the Contract, such as invoices, receipts, statements, stubs, tickets, time sheets, and any other which, in the judgment of the Subrecipient, provides full substantiation of reimbursable costs incurred. Subject to the maximum Contract amount authorized herein, upon specific, prior, written approval by the Subrecipient, lodging, travel, and other incidental direct expenses may be reimbursed under this Contract for professional or technical personnel who are (a) away from the cities in which they are permanently assigned; (b) conducting business specifically authorized by the Subrecipient; and (c) performing services not originally contemplated in the Scope of Services. The limit for such reimbursements shall be the rates established by the Comptroller of the State of Texas,as outlined in the State of Texas travel guidelines, TexTravel.If a rate within the limits set forth in TexTravel is not available, Provider shall use its best efforts to obtain the lowest available room rate. Provider shall obtain prior approval from the Subrecipient. NOTICE TO PROVIDER: Failure to include all of the information required in SECTION 3.01 with each invoice may result in a significant delay in processing payment for the invoice. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK IV.PROVIDER'S WARRANTY,AFFIRMATIONS,AND ASSURANCES 4.01 PERFORMANCE WARRANTY Provider represents that all services performed under this Contract will be performed in a manner consistent with a degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Provider represents that all work product, including Deliverables if any, under this Contract shall be completed in a manner consistent with standards in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the incorporated Attachments (if any); and shall be fit for ordinary use, of good quality, and with no material defects. If Provider fails to submit Deliverables timely or to perform satisfactorily under conditions required by this Contract, the Subrecipient may require Provider, at its sole expense, to the extent such defect or damage is caused by the negligence of Provider, to (a) repair or replace all defective or damaged Deliverables; (b) refund any payment received for all defective or damaged Deliverables and, in conjunction therewith, require Provider to accept the return of such Deliverables; and/or (c) take necessary action so that future performance and Deliverables conform to the Contract requirements. 4.02 GENERAL AFFIRMATIONS To the extent that they are applicable, Provider further certifies that the General Affirmations in Attachment B have been reviewed, and that Provider is in compliance with each of the requirements reflected therein. 4.03 FEDERAL ASSURANCES To the extent that they are applicable, Provider further certifies that the Federal Assurances in Attachment A have been reviewed and that Provider is in compliance with each of the requirements reflected therein. The Federal Assurance form must be executed by Provider's authorized signatory. 4.04 FEDERAL CERTIFICATIONS To the extent that they are applicable, Provider further certifies that the Federal Certifications also in Attachment A have been reviewed, and that Provider is in compliance with each of the requirements reflected therein. The Federal Certifications form must be executed by Provider's authorized signatory. In addition,Provider certifies that it is in compliance with any other applicable federal laws,rules,or regulations,as they may pertain to this Contract including,but not limited to,those listed in Attachment C. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK V.FEDERAL AND STATE FUNDING,RECAPTURE OF FUNDS,AND OVERPAYMENT 5.01 FEDERAL FUNDING (a) Funding for this Contract is appropriated under the Transportation, Housing and Urban Development, and Related Agencies Appropriation Act, 2016, Pub. L. No. 114-113 enacted on December 18, 2015, to facilitate disaster recovery, restoration, economic revitalization, and to affirmatively further fair housing in accordance with Executive Order 12892, in areas affected by Hurricanes Dolly and Ike, which are Presidentially-declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). The fulfillment of this Contract is based on those funds being made available to the GLO as the lead administrative state agency. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the CDBG-DR Program, and any other applicable laws. Further, Provider acknowledges that all funds are subject to recapture and repayment for non-compliance. (b) All participants in the CDBGDR grant program must have a data universal numbering system (DUNS) number, as well as a Commercial And Government Entity(CAGE) Code. (c) The DUNS number and CAGE Code must be reported to the GLO for use in various grant reporting documents, and may be obtained by visiting the Central Contractor Registration web site at: https::'www.bpn.gov/ccr/ Assistance with this web site may be obtained by calling 866-606-8220. 5.02 STATE FUNDING (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III,Section 49,of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable,the Subrecipient, in its sole discretion,may terminate this Contract. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests,accrued up to the date of termination. (b) Furthermore,any claim by Provider for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Provider, under the annual budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign immunity. 5.03 RECAPTURE OF FUNDS Provider shall conduct, in a satisfactory manner as determined by the Subrecipient, the Project as set forth in the Contract. The discretionary right of the Subrecipient to terminate for convenience under SECTION 2.02 notwithstanding, it is expressly understood and agreed by Provider that the Subrecipient shall have the right to terminate the Contract and to recapture, and be reimbursed for any payments made by the Subrecipient(i)that exceed the maximum allowable HUD rate; (ii)that are not allowed under applicable laws,rules, and regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.04 OVERPAYMENT Provider understands and agrees that it shall be liable to the Subrecipient or the GLO for any costs disallowed pursuant to financial and/or compliance audit(s) of funds received under this Contract. Provider further understands and agrees that reimbursement of such disallowed costs shall be paid by Provider from funds which were not provided or otherwise made available to Provider under this Contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK VI.OWNERSHIP 6.01 OWNERSHIP AND THIRD PARTY RELIANCE (a) The Subrecipient shall own,and Provider hereby assigns to the GLO,all right,title, and interest in all services to be performed; all goods to be delivered; and/or all other related work product prepared,or in the course of preparation,by Provider(or its subcontractors) pursuant to this Contract, together with all related worldwide intellectual property rights of any kind or character (collectively, the "Work Product"). Under no circumstance will any license fee, royalty, or other consideration not specified in this Contract be due to Provider for the assignment of the Work Product to the GLO or for the GLO's use and quiet enjoyment of the Work Product in perpetuity. Provider shall promptly submit all Work Product to the GLO upon request or upon completion, termination, or cancellation of this Contract for any reason, including all copies in any form or medium. (b) Provider and the Subrecipient shall not use, willingly allow, or cause such Work Product to be used for any purpose other than performance of Provider's obligations under this Contract without the prior written consent of either party and the GLO. Work Product is for the exclusive use and benefit of, and may be relied upon only by the parties. Prior to distributing any Work Product to any third party,other than the GLO,the parties shall advise such third parties that if it relies upon or uses such Work Product, it does so entirely at its own risk without liability to the GLO, Provider, or the Subrecipient. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK VII.RECORDS,AUDIT,RETENTION,CONFIDENTIALITY,PUBLIC RECORDS 7.01 BOOKS AND RECORDS Provider shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the Subrecipient,the GLO,the State of Texas Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules,regulations, and statutes. 7.02 INSPECTION AND AUDIT (a) Provider agrees that all relevant records related to this Contract and any Work Product produced in relation to this Contract, including the records and Work Product of its Subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and Work Product shall be subject, at any time, to inspection, examination, audit, and copying at any location where such records and Work Product may be found, with or without notice from the Subrecipient, the GLO, HUD, or other government entity with necessary legal authority. Provider agrees to cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Provider will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records and Work Product, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. (b) Provider understands that acceptance of state funds under this Contract acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Provider further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Provider will ensure that this clause concerning the State Auditor's Office's authority to audit state funds and the requirement to fully cooperate with the State Auditor's Office is included in any subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Provider relating to the Contract for any purpose. HUD, the Comptroller General,the General Accounting Office,the Office of Inspector General,or any authorized representative of the U.S. Government shall also have this right of inspection. PROVIDER SHALL ENSURE THAT ALL SUBCONTRACTS AWARDED REFLECT THE REQUIREMENTS OF THIS SECTION 7.02,AND THE REQUIREMENT TO COOPERATE. (c) Provider will be deemed to have read and have knowledge of all applicable federal, state,and local laws,regulations,and rules including,but not limited to those identified in Attachment D, governing audit requirements pertaining to the Project. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 7.03 PERIOD OF RETENTION All records relevant to this Contract shall be retained for a period subsequent to the final closeout of the State of Texas CDBG-DR grant program, in accordance with federal regulations. The Subrecipient will notify all Program participants of the date upon which local records may be destroyed. 7.04 CONFIDENTIALITY To the extent permitted by law,Provider and the Subrecipient agree to keep all information confidential, in whatever form produced, prepared, observed, or received by Provider or the Subrecipient to the extent that such information is: (a)confidential by law; (b)marked or designated "confidential" (or words to that effect) by Provider or the Subrecipient; or (c) information that Provider or the Subrecipient is otherwise required to keep confidential by this Contract. Furthermore,Provider will not advertise that it is doing business with the Subrecipient, use this Contract as a marketing or sales tool, or make any press releases concerning work under this Contract without the prior written consent of the Subrecipient. 7.05 PUBLIC RECORDS Information related to the performance of this Contract may be subject to the Public Information Act ("PIA") and will be withheld from public disclosure or released only in accordance therewith. Provider shall make any information required under the PIA available to the Subrecipient in portable document file (".pdf') format or any other format agreed between the Parties. Failure of Provider to mark as "confidential" or a "trade secret" any information that it believes to be excepted from disclosure waives any and all claims Provider may make against the Subrecipient for releasing such information without prior notice to Provider. Provider shall notify the Subrecipient within twenty-four (24) hours of receipt of any third party written requests for information, and forward a copy of said written requests to the Subrecipient. If the request was not written, Provider shall forward the third party's contact information to the Subrecipient. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK VIII.MISCELLANEOUS PROVISIONS 8.01 INSURANCE Provider shall acquire for the duration of this Contract insurance with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount and in the form required by Attachment E of this Contract,REQUIRED INSURANCE AND FORM. Furthermore, Provider shall submit a certificate of liability insurance as required under this Contract, including (if requested) a schedule of coverage (or "underwriter's schedules") establishing to the satisfaction of the Subrecipient the nature and extent of coverage granted by each policy. Provider shall submit certificates of insurance and endorsements electronically, in the manner requested by the Subrecipient. In the event that any policy is determined to be deficient to comply with the terms of this Contract, Provider shall secure such additional policies or coverage as the Subrecipient may reasonably request or that are required by law or regulation. Provider will be responsible for submitting renewed certificates of insurance and endorsements, as evidence of insurance coverage throughout the term of this Contract. Provider may not be actively working on behalf of the Subrecipient if the insurance coverage does not adhere to insurance requirements. Failure to submit required insurance documents may result in the cancellation of this Contract. 8.02 TAXES/WORKERS'COMPENSATION/UNEMPLOYMENT INSURANCE PROVIDER AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT,PROVIDER SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF PROVIDER'S AND PROVIDER'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS CONTRACT. PROVIDER AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE SUBRECIPIENT SHALL NOT BE LIABLE TO THE PROVIDER, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/ OR WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER. 2) PROVIDER AGREES TO INDEMNIFY AND HOLD HARMLESS THE SUBRECIPIENT,THE GLO,THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS,CLAIMS,DEMANDS,OR SUITS,AND ALL RELATED COSTS, ATTORNEYS' FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION IN ITS PERFORMANCE UNDER THIS CONTRACT. PROVIDER SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE SUBRECIPIENT NAMED AS A DEFENDANT IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE SUBRECIPIENT. PROVIDER AND THE SUBRECIPIENT AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 8.03 LEGAL OBLIGATIONS Provider shall procure and maintain for the duration of this Contract any state,county,city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Provider to provide the goods or services required by this Contract. Provider will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Provider agrees to be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract. 8.04 INDEMNITY EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OF THE SUBRECIPIENT OR THE GLO, PROVIDER SHALL INDEMNIFY AND HOLD HARMLESS THE SUBRECIPIENT, THE STATE OF TEXAS, THE GLO, AND THE OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES OF THE SUBRECIPIENT, THE STATE OF TEXAS,AND THE GLO FROM ANY LOSSES,CLAIMS,SUITS,ACTIONS,DAMAGES, OR LIABILITY(INCLUDING ALL COSTS AND EXPENSES OF DEFENDING AGAINST ALL OF THE AFOREMENTIONED)ARISING IN CONNECTION WITH: ■ THIS CONTRACT; ■ ANY NEGLIGENCE, ACT, OMISSION, OR MISCONDUCT IN THE PERFORMANCE OF THE SERVICES REFERENCED HEREIN;OR ■ ANY CLAIMS OR AMOUNTS ARISING OR RECOVERABLE UNDER FEDERAL OR STATE WORKERS'COMPENSATION LAWS,THE TEXAS TORT CLAIMS ACT, OR ANY OTHER SUCH LAWS. PROVIDER SHALL BE RESPONSIBLE FOR THE SAFETY AND WELL BEING OF ITS EMPLOYEES, CUSTOMERS, AND INVITEES. THESE REQUIREMENTS SHALL SURVIVE THE TERM OF THIS AGREEMENT UNTIL ALL CLAIMS HAVE BEEN SETTLED OR RESOLVED AND SUITABLE EVIDENCE TO THAT EFFECT HAS BEEN FURNISHED TO THE SUBRECIPIENT. THE PROVISIONS OF THIS SECTION 8.03 SHALL SURVIVE TERMINATION OF THIS CONTRACT. 8.05 ASSIGNMENT AND SUBCONTRACTS Provider shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the Subrecipient. Notwithstanding this provision, it is mutually understood and agreed that Provider may subcontract with others for some or all of the services to be performed. In any approved subcontracts, Provider shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties,requirements,and obligations of Provider as specified in this Contract. Nothing in this Contract shall be construed to relieve Provider of the responsibility for ensuring that the goods delivered and/or the services rendered by Provider and/or any of its subcontractors comply with all the terms and provisions of this Contract. Provider will provide written notification to the Subrecipient of any such subcontractor performing fifteen percent (15%) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed, and the number of subcontractor employees expected to work on the task. 8.06 RELATIONSHIP OF THE PARTIES Provider is associated with the Subrecipient only for the purposes and to the extent specified in this Contract, and, with respect to Provider's performance pursuant to this Contract, Provider is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal-agent, or to otherwise create for the Subrecipient or the GLO any liability whatsoever with respect to the indebtedness,liabilities, and obligations of Provider or any other party. Provider shall be solely responsible for, and the Subrecipient shall have no obligation with respect to: (a) withholding of income taxes, FICA,or any other taxes or fees; (b) industrial or workers' compensation insurance coverage; (c) participation in any group insurance plans available to employees of the State of Texas; (d) participation or contributions by the State to the State Employees Retirement System; (e) accumulation of vacation leave or sick leave; or (f) unemployment compensation coverage provided by the State. 8.07 COMPLIANCE WITH OTHER LAWS In the performance of this Contract,Provider shall comply with all applicable federal,state, and local laws,ordinances,and regulations. Provider shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract including, but not limited to, those attached hereto and incorporated herein for all purposes as Attachment D. Provider will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. 8.08 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier,overnight, signature required, to the appropriate address below: Subrecipient Name******** Address******** City, State ZIP** Attention: ***** Provider Provider******** Address******** City, State ZIP** Attention: ***** Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 8.10 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit between Subrecipient and Provider under this Contract shall be in a court of competent jurisdiction in County, Texas. Provider irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. 8.11 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non- enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 8.12 FORCE MAJEURE Except with respect to the obligation of payments under this Contract,if either of the parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected party(collectively referred to as a "Force Majeure"), then, while so prevented, the affected party's obligation to comply with such covenant shall be suspended, and the affected party shall not be liable for damages for failure to comply with such covenant. In any such event, the party claiming Force Majeure shall promptly notify the other party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The party claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non- performance continues for more than thirty(30)days,the GLO may terminate this Contract immediately upon written notification to Provider. 8.13 DISPUTE RESOLUTION [Local Government Entity to Complete] 8.14 ENTIRE CONTRACT AND MODIFICATION This Contract, its integrated Attachment(s), and any Technical Guidance issued in conjunction with this Contract, if any,constitute the entire agreement of the parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in such Attachment(s), Technical Guidance Letter shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment, Technical Guidance Letter, or Revision specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the terms of this Contract. 8.15 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. If the Contract is not executed by the GLO within thirty(30)days of execution by the other party, this Contract shall be null and void. In the sole discretion of the GLO,Work Orders issued,if any,may be executed by the parties in counterparts exchanged by electronic mail. 8.16 THIRD-PARTY BENEFICIARY The Parties agree that the GLO, as the administrator of the CDBG-DR program, is a third- party beneficiary to this Contract and that the GLO shall have the right to enforce any provision of this Contract. Provided, however, that GLO shall only enforce a provision Contract after notifying the Parties, in writing, of a potential breach or default of the Contract and allowing the Provider sixty(60) days to cure the breach or default. Venue of any suit under this Section 8.17 shall be in a court of competent jurisdiction in Travis County, Texas. Provider irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens,which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.17 PROPER AUTHORITY Each party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Provider acknowledges that this Contract is effective for the period of time specified in the Contract. Any services performed by Provider before this Contract is effective or after it ceases to be effective are performed at the sole risk of Provider. SIGNATURE PAGE FOLLOWS Attachment D Nonexclusive List of Laws,Rules, and Regulations Page 1 of 5 NONEXCLUSIVE LIST OF APPLICABLE LAWS,RULES,AND REGULATIONS If applicable to the Project,Provider must be in compliance with the following laws,rules, and regulations; and any other state, federal, or local laws, rules, and regulations as may become applicable throughout the term of the Contract, and Provider acknowledges that this list may not include all such applicable laws, rules, and regulations. Provider and is deemed to have read and understands the requirements of each of the following,if applicable to the Project under this Contract: GENERALLY The Acts and Regulations specified in this Contract; Consolidated Security, Disaster Assistance, and Continuing Appropriation Act (Public Law 110-329); The Housing and Community Development Act of 1974 (12 U.S.C. § 5301 et seq.); Cash Management Improvement Act regulations (31 C.F.R. Part 205); Community Development Block Grants(24 C.F.R. Part 570); Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2 C.F.R. Part 200); Disaster Recovery Implementation Manual; Plan for Disaster Recovery; and Guidance Documents: 2008 Supplemental Disaster Recovery Fund: Hurricanes Dolly and Ike; and Non-Housing Activities Application Guide, issued by the Texas Department of Housing and Community Affairs. CIVIL RIGHTS Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.); 24 C.F.R. Part 1, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development-Effectuation of Title VI of the Civil Rights Act of 1964"; Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 (42 U.S.C. § 2000e et seq.); Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968"(42 U.S.C. 3601 et seq.), as amended; Executive Order 11063, as amended by Executive Order 12259, and 24 C. F.R. Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063";The Attachment D Nonexclusive List of Laws,Rules, and Regulations Page 2 of 5 failure or refusal of Provider to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794.) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development", 24 C.F.R. Part 8. By signing this Contract, Provider understands and agrees that the activities funded shall be performed in accordance with 24 C.F.R.Part 8;and the Architectural Barriers Act of 1968(42 U.S.C.4151 et seq.),including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. LABOR STANDARDS The Davis-Bacon Act, as amended(originally,40 U.S.C. 276a-276a-5 and re-codified at 40 U.S.C. 3141-3148); 29 C.F.R. Part 5; The Copeland"Anti-Kickback"Act(originally, 18 U.S.C. 874 and re-codified at 40 U.S.C. 3145): 29 C.F.R. Part 3; Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(originally,40 U.S.C. § 327A and 330 and re-codified at 40 U.S.C. 3701-3708); Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act) (29 C.F.R. Part 5); and Federal Executive Order 11246, as amended; EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C.1701u): 24 C.F.R. §§ 135.3(a)(2) and (a)(3); The Vietnam Era Veterans' Readjustment Assistance Act of 1974(38 U.S.C. § 4212); and Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688); and Federal Executive Order 11246, as amended; GRANT AND AUDIT STANDARDS Single Audit Act Amendments of 1996, 31 U.S.C. § 7501; Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Attachment D Nonexclusive List of Laws,Rules, and Regulations Page 3 of 5 Federal Awards(2 C.F.R. Part 200); Uniform Grant and Contract Management Act(Texas Government Code Chapter 783)and the Uniform Grant Management Standards issued by Governor's Office of Budget and Planning; and Title 1 Texas Administrative Code § 5.167(c); LEAD-BASED PAINT Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)) and the procedures established by TDRA thereunder. HISTORIC PROPERTIES The National Historic Preservation Act of 1966 as amended (16 U.S.C. 470 et seq.), particularly sections 106 and 110(16 U.S.C.470 and 470h-2),except as provided in§58.17 for Section 17 projects; Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921), 3 C.F.R. 1971-1975 Comp.,p. 559, particularly section 2(c); Federal historic preservation regulations as follows: 36 C.F.R. part 800 with respect to HUD programs; and The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.), particularly section 3 (16 U.S.C. 469a- 1). ENVIRONMENTAL LAW AND AUTHORITIES Environmental Review Procedures for Recipients assuming HUD Environmental Responsibilities(24 C.F.R. Part 58, as amended); National Environmental Policy Act of 1969, as amended(42 U.S.C. §§ 4321-4347); and Council for Environmental Quality Regulations for Implementing NEPA (40 C.F.R. Parts 1500-1508). FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 CFR, 1977 Comp., p. 117, as interpreted in HUD regulations at 24 C.F.R. part 55, particularly Section 2(a) of the Order (For an explanation of the relationship between the decision- making process in 24 C.F.R. part 55 and this part, see § 55.10.); and Executive Order 11990, Protection of Wetlands, May 24,1977 (42 FR 26961), 3 C.F.R., 1977 Comp.,p. 121 particularly Sections 2 and 5. Attachment D Nonexclusive List of Laws,Rules, and Regulations Page 4 of 5 COASTAL ZONE MANAGEMENT The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as amended, particularly sections 307(c) and(d) (16 U.S.C. 1456(c) and(d)). SOLE SOURCE AQUIFERS The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349) as amended; particularly section 1424(e)(42 U.S.C. 300h-3(e); and Sole Source Aquifers (Environmental Protection Agency-40 C.F.R. part 149.). ENDANGERED SPECIES The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)as amended,particularly section 7 (16 U.S.C. 1536). WILD AND SCENIC RIVERS The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) as amended,particularly sections 7(b) and(c) (16 U.S.C. 1278(b) and(c). AIR QUALITY The Clean Air Act (42 U.S.C. 7401 et seq.) as amended, particularly sections 176(c) and (d) (42 U.S.C. 7506(c) and (d). Determining Confommity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 C.F.R. parts 6, 51, and 93). FARMLAND PROTECTION Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.) particularly sections 1540(b) and 1541 (7 U.S.C. 4201(b) and 4202); and Farmland Protection Policy(Department of Agriculture-7 C.F.R. part 658). HUD ENVIRONMENTAL STANDARDS Applicable criteria and standards specified in HUD environmental regulations (24 C.F.R. part 51) (other than the runway clear zone and clear zone notification requirement in 24 C.F.R. 51.303(a)(3); and HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979). Attachment D Nonexclusive List of Laws,Rules, and Regulations Page 5 of 5 ENVIRONMENTAL JUSTICE Executive Order 12898 of February 11, 1994---Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, (59 FR 7629), 3 CFR, 1994 Comp.p. 859. SUSPENSION AND DEBARMENT Use of debarred, suspended, or ineligible contractors or subrecipients (24 C.F.R. Section 570.609); General HUD Program Requirements; Waivers(24 C.F.R. Part 5); and Nonprocurement Suspension and Debarment(2 C.F.R. Part 2424). OTHER REQUIREMENTS Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities (24 C.F.R. Part 58). ACQUISITION/RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), 24 C.F.R. Part 42, and 24 C.F.R. Section 570.606. FAITH-BASED ACTIVITIES Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith- Based and Community Organizations, (67 FR 77141). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK