Ordinance No. 11,009ORDINANCHNO. 11,009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
SUBRECIP1ENT GRANT AGREEMENT WITH THE GENERAL LAND OFFICE
FOR THE DEVELOPMENT AND CONSTRUCTION OF Tl IE BAYTOWN NATURE
CENTER -CRYSTAL BAY SHORELINE STABILIZATION AND FISHING PIER
PROJECT: AUTHORIZING MATCHING FUNDS IN THE AMOUNT OF SIXTY-SIX
THOUSAND THREE HUNDRED AND NO/100 DOLLARS (S66.300.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: Thai the Cily Council of the City of Bayiown. Texas, hereby authorizes and
directs the City Manager to execute ;i Subrecipictu Grant Agreement for the development and
construction of the Bayiown Nature Center-Crystal Bay Shoreline Stabilization and Fishing Pier Project.
A copy of such agreement is attached hereto, marked Exhibit "A," and made a pan hereof for all intents
and purposes.
Section 2: Thai the City Council of the City of Baytown authorizes payment to the General
Land Office in an amount not to exceed SIXTY-SIX THOUSAND THREE HUNDRED AND NO/100
DOLLARS (566,300.00) for the City's match in accordance with the Siibrecipienl Grant Agreement
authorized in Section 1 hereinabovc.
Section 3: That the Cily Manager is hereby granted general authority to approve a decrease
or an increase in costs by TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) or less,
provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five
percent (25%).
Section4; This ordinance 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
Baylown this the 13'1' day of November, 2008.
DARNELL/City Clerk
APPROVED AS TO FORM:
CAPETILLO, Mayor Pro Tern
4ONACIO RAMIREZ. SR., Cit£^tiomey
I'cooiEvl'I.eKiiliKaren'filci.Cits Council (Ordinance* 3
SUBRECIPIENT GRANT AGREEMENT
GLO Contract No. 09-036-000-3353
COASTAL MANAGEMENT PROGRAM, CYCLE 13
This subrecipient grant agreement (the "Contract") is entered into by and between the General
Land Office (the "GLO"), a State agency, and the City of Baytown, Texas ("Subrecipient").
I. FINANCIAL ASSISTANCE
1.01 Grant Application
Subrecipient has applied for Texas Coastal Management Program ("CMP") Cycle 13
grant funds, to be made available to the State of Texas by the U.S. Department of
Commerce, National Oceanic and Atmospheric Administration ("NOAA"), pursuant to
the Federal Coastal Zone Management Act of 1972, 16 U.S.C. §1451, et seq., NOAA
Award No. NA08NOS4190458 (the "Grant"). The Grant funds are limited to use for
implementation of a coastal zone management project (the "Project") under the CMP,
administered by the GLO (as Coastal Zone Management Awards, CFDA #11.419)
pursuant to Texas Natural Resources Code Ann. Sections 33.052 and 33.204, in
coordination with the Coastal Coordination Council.
1.02 Work Plan
The Project shall strictly conform to the work plan and special conditions contained in
Attachment A. the Work Plan. Deliverables and due dates included in the Work Plan
j may be amended by the GLO grant administrator upon submission of a written request
i and detailed justification by Subgrantee to the address and under the conditions listed
under the "Notices" section of this Contract.
1.03 Progress Reports
Subrecipient shall submit monthly progress reports that must be received by the GLO on
i or before the 10th day of each month during the term of this Contract, commencing
January 2009 (the "Progress Reports"). Progress Reports must be submitted electronically
in Word or WordPerfect format to the following e-mail address:
melissa.porter@glo.state.tx.us. Progress Reports shall be submitted on the "Progress
Report" form, attached hereto as Attachment B. The Progress Report form may be
downloaded at:
http://www.glo.state.tx.us/coastal/grants/subrecipient.html.
GLO Contract No. 09-036-000-3353
Page I of IS
All Progress Reports shall include:
(a) a brief statement of the overall progress of each task identified on the Work Plan
since the last progress report;
(b) a brief description of any problems that have been encountered during the
previous reporting period that will affect the Work Plan, delay the completion of
any portion of this Contract, or inhibit the completion of or cause a change in any
of the Work Plan objectives;
(c) a description of any action Subrecipient plans to undertake to correct any
problems that have been encountered; and
(d) a status report on the "Budget," as defined in this Contract.
ANY REQUEST FOR CHANGE OF WORK AND SCOPE FROM THE ORIGINALLY AWARDED
PROJECT MUST BE APPROVED BY BOTH THE GLO GRANT ADMINISTRATOR AND NOAA,
AND MAY CAUSE DELAYS IN THE PROGRESS OF THE PROJECT. ALL CHANGES MUST BE
SUBMITTED IN WRITING, AND MUST INCLUDE JUSTIFICATION OF ACTIONS. ANY COSTS
INCURRED WHILE WAITING FOR APPROVAL OF THE REQUESTED CHANGES ARE THE
RESPONSIBILITY OF SUBRECIPIENT. THE GLO WILL INFORM SUBRECIPIENT UPON
FINAL APPROVAL OF THE CHANGES.
1.04 DELIVERABLES
Subrecipient shall deliver to the GLO two (2) complete paper copies, together with one
(1) electronic copy, in portable document format (.pdf) on a compact disk, of each of the
deliverables set forth in the Work Plan, in the time and manner prescribed therein. The
GLO may require Subrecipient to conform any data presentation or products funded
under this Contract to reflect GLO comments. Deliverable due date flexibility may be
allowed by the GLO, to the extent that the revision to the deliverable due date does not
extend past the term of the Contract.
1.05 Geographic Information Systems
Data, databases, and products associated with electronic Geographic Information
Systems (GIS) that have been collected, manipulated, or purchased with CMP grant
funds and/or local match funds will be subject to all applicable terms of the Texas
Geographic Information Standards of the Texas Geographic Information Council
(TGIC) and Texas Administrative Code (TAC) §201.6, Planning and Management of
Information Resources Technologies, Geographic Information Standards. The
Geographic Information Standards Rule is available on the World Wide Web at:
www.dir.state.tx.us/tgic/pubs/pubs.htm,
or by writing to Department of Information Resources (DIR), PO Box 13564, Austin,
TX, 78711, or via email to michael.ouimet@dir.state.tx.us.
1.06 Transfer of Data
Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased
with funds from this contract MUST be documented as specified in the Federal
Geographic Data Committee (FGDC) document Content Standard for Digital Geospatial
GLO Contract No. 09-036-000-3353
Page 2 of IS
Metadata, version 2 (FGDC-STD-001-1998) or later. The federal metadata standard is
available on the World Wide Web at:
www.fgdc.gov/metadata/csdgm.
Metadata must be submitted in HTML, XML or ASCII text formats.
1.07 Format
Although many Texas state agencies, including the GLO, have adopted Environmental
Systems Research Institute, Inc. (ESRI) software products as in-house GIS software, this
is NOT an endorsement of these, or any other, products. However, any electronic spatial
data collected, manipulated, or purchased with CMP grant funds and/or local match funds
shall be transferred in a mutually-acceptable GIS format, along with corresponding
metadata (see above). Non-spatial data deliverables (reports, tables, databases,
spreadsheets, images) must be delivered in Acrobat PDF, MS Office, WordPerfect, dBase
(.dbf), ASCII, or standard image formats (JPEG, TIFF, GIF, etc.). Acceptable media for
delivery include CD-ROMs, DVDs, Zip disks, floppy disks, and external hard drives.
l .08 Land Acquisitions
(a) In the event that private land is to be acquired with grant funds, Subrecipient shall
have such land surveyed in the following manner
(1) any parcel of land that (i) does not abut any waters and (ii) is acquired by lot
and block may be surveyed by a Registered Professional Land Surveyor
("RPLS"). Any survey conducted by an RPLS under this section must be
accompanied by certified copies of each subdivision block in which the
acquisitions will be located. Subrecipient shall record any and all surveys
required under this subsection in the records of the County Surveyor (or
the records of the County Clerk if there is no County Surveyor) of the
county in which the land is located; and
(2) any other parcel of land must be surveyed by a Licensed State Land
Surveyor ("LSLS").
(b) In the event that a coastal boundary survey is required for the Project,
Subrecipient must conduct the coastal boundary survey for the Project site in
accordance with Section 33.136 of the Texas Natural Resources Code. For
surveys of tracts on or adjacent to Gulf beaches, maps, surveys, and/or profiles
shall not delineate or map vegetation, the line of vegetation, or the landward
boundary of the public beach. Such maps, surveys, and/or profiles shall also not
include any mention of the location of the line of vegetation or the boundary of
the public beach. For any work funded in whole or part by CMP funds,
vegetation, the line of vegetation, and/or the landward boundary of the public
beach can only be mapped, delineated, or described with specific written
authorization from the GLO. The coastal boundary survey must contain the
following statement:
GLO Contract No. 09-036-000-33S3
Page 3 of 15
This survey does not, nor is it intended to be used
to, identify, delineate, or fix the line of
vegetation or the landward boundary of the
public beach.
(c) In addition, Subrecipient shall encumber the land with a conservation easement or a
deed restriction, in a form acceptable to the GLO, that will protect the land and its
natural resources and preserve the public use and benefit of the land. If Subrecipient
chooses to encumber the land with a deed restriction, it must read as follows:
This property must be used in perpetuity for the
purposes for which it was acquired under the
Coastal Management Program. If the property is
ever sold or used for purposes contrary to those
for which it was acquired, the federal awarding
agency must be compensated in accordance with
the uniform administrative requirements for
Grants and Cooperative Agreements to State and
Local Governments (15 C.F.R. Part 24).
(d) All appraisals performed in connection with the acquisition of land under this
section shall be completed in accordance with the Uniform Appraisal Standards for
Federal Land Acquisitions and the provisions of the CMP attached Work Plan
concerning land acquisitions. The survey, appraisal, conservation
easement (if any), and deed must be approved by the glo. the glo
will not "hold" an easement or accept a third-party right of
enforcement.
1.09 Improvements
Prior to any construction undertaken under this Contract, Subrecipient shall deliver to the
GLO one (1) copy of all final engineering specifications, construction plans, and/or
architectural plans (collectively the "Plans"). Any construction that will be undertaken
with funding from this Contract shall be completed in compliance with final Plans
approved by the GLO. Upon completion of construction, Subrecipient shall
SUBMIT A FINAL "AS BUILT1' DESIGN IF REQUIRED BY THE LOCAL BUILDING CODE OR
LOCAL BUILDING OFFICIAL, AS WELL AS PHOTOGRAPHS OF THE CONSTRUCTION IN THE
Final Report. Subrecipient may not remove any improvements constructed with funds
provided under this Contract, unless the federal awarding agency is compensated in
accordance with the Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments (15 C.F.R. Part 24).
1.10 Signage
During the construction phase of projects that include construction of facilities or other
permanent Improvements, Subrecipient shall provide and erect temporary signs that will
contain the following language:
Construction of this facility was made possible by a grant
under the coastal zone management act of 1972, as amended,
GLO Contract No. 09436-000.3353
Page 4 of 15
and awarded by the office of ocean and coastal resource
Management, National Oceanic and atmospheric
Administration, U.S. Department of Commerce, and
Administered through the Coastal Coordination Council and
the Texas Coastal Management Program.
At the completion of the aforementioned projects, Subrecipient shall replace the
temporary signs with permanent signs, to be provided by GLO. Permanent signs must
also be erected for projects that include land acquisition.
II. TERM
2.01 Duration
This Contract shall be effective as of the date executed by the last party, and shall
terminate upon completion of the Project or on March 31, 2010, whichever is earlier.
Upon receipt of a written request and acceptable justification from Subrecipient, the GLO
may extend this Contract for a period not to exceed three (3) months. Any request for
extension must be received by the glo at least forty-five (45) days before
the Contract's original termination date.
2.02 Early Termination
The GLO may terminate this Contract by giving written notice specifying a termination
date at least thirty (30) days subsequent to the date of the notice. Upon receipt of 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.
HI. GRANT FUNDS
3.01 Contract Limit, Fees, and Expenses
Subject to the Grant and the terms and conditions of this Contract, the GLO agrees to
grant to Subrecipient an amount not to exceed Ninety-nine Thousand Four Hundred
Fifty Dollars ($99,450.00), payable in installments as reimbursement of allowable
expenses incurred by Subrecipient in connection with Subrecipient's performance of the
Project. The allowable expenses will be reimbursed to Subrecipient in accordance with
the budget (the "Budget") included in Attachment A. The GLO will not provide
reimbursement for any expenses not contained in the Budget. The GLO is not liable to
Subrecipient for any costs incurred by Subrecipient before the effective date of this
Contract or after termination of this Contract. Further, it is expressly understood and
agreed by Subrecipient that the GLO shall have the right to recapture and have
reimbursed to the GLO any payments made by the GLO under this Contract that
Subrecipient has not used in strict accordance with this Contract. This recapture
provision shall survive the termination or expiration of this contract.
Remainder of Page Intentionally Left Blank
GLO Contract No. 09-036-000-3353
Page 5 of 15
IV. BUDGET
4.01 Reimbursement Requests
Each request for reimbursement shall:
(a) prominently display "GLO Contract No. 09-036-000-3353," the failure of which
may significantly delay payment under the Contract;
(b) be on the approved GLO forms attached hereto as Attachment C. which may also
be downloaded at:
http://www.glo.state.tx.us/coastal/grants/subrecipient.html;
(c) be supported by an invoice detailing each expense by Budget category in
accordance with Attachment A;
(d) include a timesheet or a payroll clearing account spreadsheet; and
(e) provide such other information as the GLO may request
Each invoice shall be supported by actual receipts, cancelled checks, and/or such other
documentation that, in the judgment of the GLO, allows for full substantiation of the
costs incurred. Requests for payment may be submitted monthly on or before the 10th
day of each calendar month and shall be sent to the GLO grant administrator at the
address listed in the "Notices" Section of this Contract. Requests for
reimbursement under this contract must be received by the glo not later
than sixty (60) days from the date subrecipient incurs the expense.
Notwithstanding the preceding, requests for reimbursement for expenses
incurred by any subcontractor must be received by the glo not later than
THIRTY (30) DAYS FROM THE DATE THE SUBRECIPIENT RECEIVES THAT INVOICE FROM A
subcontractor. failure by subrecipient to comply in a timely manner with
these two requirements may, at the glo's sole discretion, result in denial
of the request for reimbursement.
4.02 Budget Variance
Upon written request and justification by Subrecipient to the GLO Grant Administrator,
reallocation among budget categories may be allowed. Subrecipient must use the GLO
Budget Amendment Form, attached hereto as Attachment D. and downloadable at:
http://www.glo.state.tx.us/coastal/grants/subrecipient.html.
Such reallocations may not increase the amount of the grant or total Budget, and shall be
effective only after approval by the GLO. Any request for a variance that changes the total
budget amount or the project scope or outcome may be allowed only through the formal,
written contract amendment process. A final, actual Budget, to be attached
HERETO AS ATTACHMENT A-l. SHALL BE SUBSTITUTED FOR THE EXISTING BUDGET IN
GLO Contract No. 09-036-000-3353
Page 6 of IS
ATTACHMENT A, AND SHOULD BE SUBMITTED NO LATER THAN THIRTY (30) DAYS FROM
the expiration or termination of the contract.
4.03 Purchases
Subrecipient shall not purchase any equipment and/or computer software not included as
a reimbursable Budget item in Attachment A. "Equipment" is defined as tangible
personal property having a useful life of more than one (1) year and an acquisition cost of
Five Thousand Dollars ($5,000.00) or more per unit. Title and possession of any
Equipment will remain the property of Subrecipient unless and until transferred to the
GLO, upon written request by the GLO, or termination or completion of the Contract.
Subrecipient shall furnish, with its final request for reimbursement, a list of all Equipment
purchased with NOAA financial assistance under this Contract The disposition of any
Equipment, as defined above, shall follow the Uniform Grants Management Standard
Guidelines.
4.04 Retainage
To ensure full performance, the GLO may retain an amount equal to thirty-three percent
(33%) of the Subrecipient grant amount until Subrecipient's delivery, and GLO's
approval, of all deliverables required herein. The GLO shall make a final disbursement
only upon receipt of documentation sufficient to determine that Subrecipient has
completed the project in accordance with the Work Plan and that all requirements of this
Contract and the relevant provisions of the Grant have been fulfilled by Subrecipient,
including, but not limited to, match documentation requirements.
4.05 audit Reporting
The GLO, as a pass-through entity, has the responsibility to ensure that Subrecipients
expending Five Hundred Thousand Dollars ($500,000.00) or more in federal
awards during each of the Subrecipient's fiscal years of funding have met audit
requirements in accordance with U.S. Office of Management and Budget Circular A-133.
Subrecipient shall complete and return the Audit Reporting Form, attached hereto as
Attachment E. no later than September 1st of each year until the contract is terminated.
Attachment E may be downloaded at:
http://www.glo.state.tx.us/coastal/grants/subrecipient.html.
4.06 Match Documentation
Evidence of match documentation shall:
(a) be on the approved GLO forms attached hereto as Attachment C-l. which may
also be downloaded at:
http://www.glo.state.tx.us/coastal/grants/subrecipient.html;
(b) be supported by an invoice detailing each expense by Budget category, in
accordance with Attachment A; and
(c) provide such other information as the GLO may request.
GLO Contract No. 094)36400-3353
Page 7 of 15
Match fund documentation must be identified clearly and may be submitted with or separate
from a payment request. Each invoice shall be supported by copies of receipts, cancelled
checks, or such other documentation that, in the sole judgment of the GLO, allows for full
substantiation of the costs incurred. Payment requests may be denied if proper match has
not been submitted.
V. STATE FUNDING
5.01 State Funding
This Contract shall not be construed as creating any debt on behalf of the State of Texas
and/or the GLO in violation of Texas Constitution, Article HI, Section 49. In compliance
with Texas Constitution, Article Vm, Section 6, it is understood that all obligations of the
GLO hereunder are subject to the availability of state funds. If such funds are not
appropriated or become unavailable, this Contract may be terminated. In that event, the
parties shall be discharged from further obligations, subject to the equitable settlement of
their respective interests, accrued up to the date of termination.
VI. COPYRIGHT AND PUBLICATION
6.01 Copyright
Subrecipient shall not assert any rights at common law or in equity, or otherwise seek to
establish any claim to statutory copyright in any material or information developed under
this Contract. The parties expressly agree that the GLO shall own all right, title, and
interest in and to any copyright or other intellectual property rights and any material or
information developed under this Contract including, the right to use, reproduce, or
publish any or all of such information and other materials without the necessity of
obtaining permission from Subrecipient, and without expense or charge. . This
provision shall survive the termination or expiration of this contract.
6.02 Publication
(a) If Subrecipient or its employee(s) use NOAA financial assistance to publish
reports and other materials completed as a result of this Contract, the author shall
assure that the paper bears the following statement as well as the NOAA and CMP
logos on the front cover or title page of such document and other materials:
a publication (or report) of the coastal coordination
Council pursuant to National Oceanic and Atmospheric
Administration Award No. NA08NOS4190458.
(b) If Subrecipient or its employee(s) use NOAA financial assistance to publish a paper
based in whole or in part on Ihe work funded by this Contract, the author shall
assure that the paper bears the following statement as well as the NOAA and CMP
logos on the front cover or title page of the paper:
This paper is funded ("in part" if appropriate) by a
Grant/Cooperative agreement from the National
Oceanic and Atmospheric Administration. The views
GLO Contract No. 09-036-000-3353
Page 8 of 15
EXPRESSED HEREIN ARE THOSE OP THE AUTHOR(S) AND DO NOT
NECESSARILY REFLECT THE VIEWS OP NOAA OR ANY OF ITS SUB-
AGENCIES.
(c) If the Subrecipient or its employee(s) use NOAA financial assistance to produce
signage, the Subrecipient shall assure that the signage bears the following
statement as well as the NOAA and CMP logos on all signs:
This project is funded ("in part" if appropriate) by a
grant from the coastal coordination council pursuant
to National Oceanic and Atmospheric Administration
award No. NA08NOS4190458.
(d) When issuing statements, press releases, requests for proposals, bid solicitations,
and other documents describing projects or programs funded in whole or in part
with federal funds, including, but not limited to, state and local governments and
recipients of federal research grants, the Subrecipient shall clearly state (i) the
percentage of the total costs of the project or program which will be financed with
federal money; (ii) the dollar amount of federal funds for the project of program;
and (iii) percentage and dollar amount of the total costs of the project or program
that will be financed by nongovernmental sources. All DOCUMENTS and
MATERIALS MUST CONTAIN THE NOAA AND CMP LOGOS ON THE FRONT OR
TITLE PAGE.
(e) This Provision shall survive the termination or expiration of this
Contract.
VII. RECORDS, AUDIT, PROPRIETARY INFORMATION,
AND PUBLIC DISCLOSURE
7.01 Books And Records
Subrecipient shall keep and maintain under Generally Accepted Accounting Principles
("GAAP") fall, true, and complete records necessary to My disclose to the GLO, the
Texas State Auditor's Office, the United States Government, and/or their authorized
representatives sufficient information to determine compliance with the terms and
conditions of this Contract and all state and federal rules, regulations, and statutes.
7.02 Inspection and Audit
Subrecipient agrees that all relevant records related to this Contract or any work product
produced, including the practices of its subcontractors, shall be subject at any reasonable
time to inspection, examination, review, audit, and copying at any location where such
records may be found, with or without notice by the Texas State Auditor's Office, the
GLO, its contracted examiners, or the Texas Attorney General's Office. With regard to
any federal funding, the relevant federal agency, the Comptroller General, the General
Accounting Office, the Office of Inspector General, or any of their authorized
representatives shall also have this right of inspection. All subcontracts shall reflect the
requirements of this section.
GLO Contract No. 09-036-000-33S3
Page 9 of IS
7.03 Period op Retention
Subrecipient shall retain all records relevant to this Contract for a minimum of four (4)
years. If any federal funds are used in the Contract, Subrecipient shall retain said records
for a minimum of five (5) years. The period of retention begins at the date of payment by
the GLO for the goods or services or from the date of termination of the Contract,
whichever is later. The period of retention shall be extended for a period reasonably
necessary to complete an audit and/or to complete any administrative proceeding or
litigation that may ensue.
VIII. EVENTS OF DEFAULT AND REMEDIES
8.01 Events
Each of the following shall constitute an event of default ("Event of Default") under this
Contract:
(a) Subrecipient's failure to comply with any term, covenant, or provision contained
in this Contract;
(b) Subrecipient makes an assignment for the benefit of creditors or takes any similar
action for the protection or benefit of creditors; or
(c) If at any time, Subrecipient makes any representation or warranty that is incorrect
in any material respect to: (i) the Work Plan; (ii) any request for payment
submitted to the GLO; or (iii) any report submitted to the GLO related to the
Contract.
8.02 Remedies; No Waiver
Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself
of any equitable or legal remedy. A right or remedy conferred by this Contract upon either
Party is not intended to be exclusive of any other right or remedy, and each and every right
and remedy shall be cumulative and in addition to any other right or remedy given under
this Contract, or hereafter legally existing upon the occurrence of an Event of Default. The
failure of the GLO either to insist at any time upon the strict observance or performance of
any of the provisions of this Contract, or to exercise any right or remedy as provided in this
Contract, shall not impair any such right or remedy or be construed as a waiver or
relinquishment thereof with respect to subsequent defaults.
IX. MISCELLANEOUS PROVISIONS
9.01 Legal Obligations
Subrecipient 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 Subrecipient
to provide the goods or services required by this Contract. Subrecipient will be
responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses
required by law. Subrecipient agrees to be responsible for payment of any such
government obligations not paid by its subcontractors during performance of this
GLO Contract No. 09-036-000-3353
Page 10 of IS
Contract. Subrecipient shall not commence construction of the Project until it has
obtained the requisite licenses and/or permits. Copies of such licenses and permits
shall be included as a part of the progress report, as defined in this
Contract, for the period during which they are obtained.
9.02 Indemnity
Except for damages directly or proximately caused by the gross
negligence of the glo, subrecipient shall indemnify and hold harmless
the State of Texas, the GLO, and the officers, representatives, agents, and
EMPLOYEES OF THE STATE OF TEXAS AND THE GLO, TO THE FULL EXTENT PERMITTED
under the constitution and laws of the state of texas, 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:
(a) this Contract;
(b) any negligence, act, omission, or misconduct in the performance of
the services referenced herein; or
(c) any claims or amounts arising or recoverable under federal or
state workers' compensation laws, the texas tort claims act, or
any other such laws.
Subrecipient 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 glo.
9.03 Assignment and Subcontracts
Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under
this Contract not encompassed within the Work Plan without the prior written consent of
the GLO. Notwithstanding this provision, it is mutually understood and agreed that
Subrecipient may subcontract with others for some or all of the services or work to be
performed. In any approved subcontracts, Subrecipient shall legally bind any such
subcontractors to perform and make such subcontractors subject to all the duties,
requirements, and obligations of Subrecipient specified herein. Nothing in this Contract
shall be construed to relieve Subrecipient of the responsibility for ensuring that that the
goods delivered and/or the services rendered by Subrecipient and/or any of its
subcontractors comply with all the terms and provisions of this Contract. Subrecipient
will provide written notification to the GLO 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 lask(s) being performed, and the number of
subcontractor employees expected to work on the task.
9.04 Historically Underutilized Businesses (HUBs)
(a) In accordance with State law, it is the GLO's policy to assist HUBs whenever
possible, to participate in providing goods and services to the agency. The GLO
encourages those parties with whom it contracts for the provision of goods and
GLO Contract No. 09-036-000-3353
Page HofiS
services to adhere to this same philosophy in selecting subcontractors to assist in
fulfilling Subrecipient's obligations with the GLO. In addition to information
required by this Contract, Subrecipient will provide the Purchasing Department of
the GLO with pertinent details of any participation by a HUB in fulfilling the
duties and obligations arising hereunder.
(b) The GLO encourages Subrecipients to partner with certified HUBs that participate
in the Comptroller's Mentor Protege" Program. For more information on the
program, and how it can assist your firm in meeting good faith effort goals please
visit:
http://www.window.state.tx.us/procurement/prog/hub/mentorpr6tege/.
(c) Subrecipient shall, not later than March 1 of each year until termination of the
contract, complete and return the HUB expense report, attached hereto as
Attachment H. Attachment H may also be downloaded at:
http://www.glo.state.tx.us/coastal/grants/subrecipient.html.
9.05 RELATIONSHIP OF THE PARTIES
Subrecipient is associated with the GLO only for the purposes and to the extent specified
in this Contract, and, in respect to Subrecipient's performance pursuant to this Contract,
Subrecipient shall have the sole right to supervise, manage, operate, control, and direct
performance of the details incident to its duties under this Contract. Nothing contained in
this Contract shall be deemed or construed to create a partnership or joint venture, to
create relationships of an employer-employee or principal-agent, or to otherwise create
for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and
obligations of Subrecipient or any other party.
9.06 Compliance with Other Laws
In the performance of this Contract, Subrecipient shall comply with all applicable federal,
state, and local laws, ordinances, and regulations. Subrecipient 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.
9.07 Notices
Any notices required under this Contract shall be deemed delivered when deposited either
in the United States mail, postage paid, certified, return receipt requested; or with a
common carrier, overnight, signature required, to the appropriate address below:
GLO
Texas General Land Office
1700 N. Congress Avenue, Room 910
Austin, TX 78701
Attention: Legal Services Division
GLO Contract No. 09-036-000-3353
Page 12 of 15
Subrecipient
CityofBaytown
2401 Market Street
Baytown, TX 77520-0424
Attention: Bob Leiper
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.
9.08 Governing Law And Venue
This Contract and the rights and obligations of the parties hereto shall be governed by,
and construed according to, the laws of the State of Texas, exclusive of conflicts of law
provisions. Venue of any suit brought under this Contract shall be in a court of
competent jurisdiction in Travis County, Texas. Subrecipient 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.
9.09 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.
9.10 Dispute Resolution
If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either
party may notify the other party in writing of the dispute. If the parties are unable to
satisfactorily resolve the dispute within 14 days of the written notification, the parties
must use the dispute resolution process provided for in Chapter 2260 of the Texas
Government Code to attempt to resolve the dispute. This provision shall not apply to any
matter with respect to which either party may make a decision within its respective sole
discretion.
9.11 Assurances and Affirmations
Subrecipient shall complete and return the Assurances-Construction/Non-Construction
Programs form, attached hereto as Attachment F. assuring that it will comply with all
federal statutes listed thereon and, when applicable, shall obtain and return completed
assurance of compliance forms from its subcontractors.
9.12 Debarment
Subrecipient certifies that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this contract by any state or federal department or agency. Prior to engaging any
GLO Contract No. 09-036-000-3353
Page 13 of IS
contractor or subcontractor, Subrecipient shall verify the contractor's or subcontractor's
eligibility for receiving state or federal funds, using (1) the Texas Comptroller of Public
Accounts' Vendor Performance Program available on the Internet at:
http://www.window.state.tx.us/procurement/prog/vendor_performance/
for suspended and debarred vendors, and (2) the Federal General Services
Administration's Excluded Parties List available on the Internet at:
http://www.epls.gov/
in compliance with Executive Order 12549, "Debarment and Suspension;" and IS C.F.R.
Part 26, Subparts A through E, "Governmentwide Debarment and Suspension."
9.13 Lobbying
Subrecipient shall complete and return the Certification Regarding Lobbying, attached
hereto as Attachment G. Page 1. certifying that no federal funds have been or will be
paid to any person for influencing or attempting to influence any party named therein, and
that if any non-federal funds have been paid for such purposes, Subrecipient shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
attached hereto as Attachment G. Page 2.
9.14 CMP Consistency
Subrecipient shall complete the requirements of this Contract in compliance with the
CMP goals and policies and shall assure that the performance of all subcontractors is in
compliance with the CMP.
9.15 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;
CLO Contract No. 09-036-000-3353
Page 14 of IS
(0 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 GLO or by the
GLO 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 GLO shall not be
unreasonably withheld or delayed;
(h) All due dates and/or deadlines referenced in this Contract that occur on a weekend
or holiday shall be considered as if occurring on the next business day;
(i) All time periods in this Contract shall commence on the day after the date on
which the applicable event occurred, report is submitted, or request is received;
and
(j) Time is of the essence in this Contract.
9.16 Entire Contract and Modifications
This Contract, its integrated attachment(s), and any purchase order issued in conjunction
with this Contract 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) and/or purchase
order shall be harmonized with this Contract to the extent possible. Unless such integrated
attachment or purchase order 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.
9.17 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. Subrecipient acknowledges
that this Contract is effective for the period of time specified in the Contract. Any services
performed by Subrecipient before this Contract is effective or after it ceases to be effective
are performed at the sole risk of Subrecipient.
9.18 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.
Signature page follows
GLO Contract No. 09-03WJ00-33S3
Page 15 of 15
Signature Page for GLO Contract No. 09-036-000-3353
General Land Office City of Baytown, Texas
Larry L. Laine, Chief Clerk/
Deputy Land Commissioner
Dale of execution:
By:_
Title:
Date of execution:
Attachments for GLO Contract No. 09-036-000-3353
Attachment A -Work Plan and Budget
Attachment A-l -Final, Actual Budget (To be Submitted)
Attachment B -Progress Report
Attachment C -Invoice for Federal Expenditures, Monthly Grant
Project Equipment Sheet, and Monthly Grant
Project Timesheet
Attachment C-l -Local Match Expenditures, Monthly Grant
Project Equipment Sheet, and Monthly Grant
Project Timesheet
Attachment D -Budget Amendment
Attachment E -Audit Reporting Form
Attachment F -Assurances -Construction / Non-Construction
Programs
Attachment G -Certifications Regarding Lobbying
Attachment H -Historically Underutilized Businesses (HUB) Expense
Report
Attachment r\
Attachment A -Work Plan and Budget Conlracl N° ^ Page Lot.
Project Name: Baytown Nature Center -Crystal Bay Shoreline Stabilization
Suhrccipicnt: City of Baytown
Project Description:
The Baytown Nature Center (BNC) is a unique peninsula surrounded by Burnet. Crystal and
Scott Bays. Part of the Galveston Bay watershed, the area consists of approximately 450
acres of hardwood uplands, tidal marsh and freshwater wetlands. Formerly known as the
Brownwood subdivision, the area was condemned for human habitation in 1983 (following
I lurricane Alicia) because of continuing Hooding problems due to the severe subsidence
from years of municipal groundwater and petrochemical withdrawal. The City of Baytown
acquired the land and approved a master plan for the BNC in l(>°-7. Funding through
corporate and community support, grants, and several large-scale mitigation projects have
developed the Baytown Nature Center into a premier educational and recreational facility.
Today. BNC offers fishing piers in selected areas, nature trails, picnic areas, a children's
education area, a butterfly garden, two pavilions, and an information center. This unique site
is listed on the Great Texas Coastal Birding Trail, and provides habitat for over 300 species
of resident and neo-tropical migrant birds. The American Bird Conservancy designated the
BNC as a nationally important bird area. In addition, several thousand school children of all
ages visit BNC annually, where they participate in Held trips designed to educate them on
the importance of wetland ecosystems, watershed protection, and habitat relevance.
Although the Bumet Bay shoreline (north and east) at the BNC receives erosion protection
through breakwaters and cordgrass wetlands (constructed with CMP and Galveston Bay
llsiuary Program funding), wave action from Houston Ship Channel traffic continues to
erode the west shoreline fronting Crystal Bay. With other funding sources, the City of
Baytown plans to construct a 500" concrete riprap breakwater that connects to the existing
breakwater on Burnet Bay (which was constructed using (".VIP Cycle 2 funding) to help
control the ongoing erosion along the Crystal Bay shoreline. CMP funding is requested to
address the goal of protecting and preserving a coastal natural resource area by sprigging a
Spartina altemiilora saltmarsh between the breakwater and the shoreline for additional
erosion control.
Additionally, a 100' l-head pier will be built over the breakwater into Crystal Bay. giving
public access to the recreational and educational resources found at BNC. A shade structure
and interpretive signage on the pier addressing coastal erosion issues will provide a small
educational venue to educate the general public and students from surrounding school
districts. A new 150' concrele sidewalk will connect the existing parking area (also funded
by ("MP Cycle 2) to the new facilities.
To summarize, sprigging of cordgrass marsh behind newly constructed concrele breakwater
(to be funded and constructed by City of Baytown) on Crystal Bay at the BNC would
provide crucial erosion protection and essential tisli habitat along a shoreline vulnerable to
wave action from the Houston Ship Channel. Construction of a partially covered pier would
Attachment
Contract No
Attachment A -Work Plan and Budget
provide public access to the rich llshing of Crystal Bay and an educational venue to leach the
public about conserving, restoring, and protecting coastal nalural resource areas, including
wetlands.
Special Award Conditions:
I. This project must be completed as described in this work plan. The GLO and/or NOAA
must approve any changes in the scope of work or budget requests thai change the total
project cost. 2. In the event that the GLO and NOAA determine that the project or property
is no longer used for its original purpose, the recipient shall reimburse NOAA for the federal
funds received for the project.
Attachment
Contract Nn&j.Q% l^pM.
Attachment A -Work Plan and Budget Page 5 of 3
Task 1 Description:
Planning and design of Crystal Bay shoreline stabilization project
The City of Baytown hired Randall-Portcrfield Architects to create detailed plans for the
pier design and shoreline stabilization/marsh creation on Crystal Bay. These detailed
plans will become bidding documents for the public bid procedure. Construction
administration of these bidding documents and review of construction progress and
payment requests should be included within the Professional Services.
Dclivcrnblc(s):
1. U.S. Army Corps of Engineers permit.
2. Preliminary and final design.
Deliverable Due Date(s): 10/1 /2009
Task 2 Description:
Construction coniract(s)
Detailed contract documents may require separate lump sum contracts for: I.) marine
work -pier stabilization and construction; 2.) mitigation -marsh creation; and 3.)
curbing and sidewalks.
Deliverable(s):
1. Contract bid documents.
2. Documentation of public bidding process.
3. Copy of executed contract with selected contractor's).
4. Photos of completed construction.
Deliverable Due Date(s): 3/31/2010
Task 3 Description:
Sprigging of smooth cortlgrass by volunteers
Youth volunteers from "Wade Into Wetlands" Summer Science Camps, with assistance
from adult volunteers, will sprig approximately 2.000 stems of smooth cordgrass
(spartina alterni flora), luldie Seiclenslicker of the U.S. Department of Agriculture
KcoCenter Research Facility will serve as technical advisor on this project. The phmtimj
day will offer an opportunity to educate the public on the value of salt marsh ecosystems
l)cliverublc(s):
1. Photos of volunteer effort.
2. Before and after photos of area planted with sprig smooth cordgrass.
Deliverable Due Dntc(s): 3/31 /2010
Attachment B
Page 1 of2
PROGRESS REPORT
(Project Name)
(GLO Contract No.)
(Reporting Period)
Task 1: (Name of task as identified in contract Attachment A)
• Description of the status of the task (started, finished, in progress)
• List of the major accomplishments for the reporting period.
• Identification of any problems or obstacles encountered (e.g., delays), remedial action taken,
and a revised schedule, if appropriate.
• Description of the plans for the next reporting period, including deliverables due and their
delivery dates.
(Repeat for each task.)
Progress reports are required to contain a budget breakdown for each budget category. Invoices are
required only if you are requesting reimbursement of expenses from your federal budget. Include
documentation for your local expenditures with your progress report. Please indicate on each piece of
documentation whether it is a federal or local expense.
Attachment B
Page 2 of2
'Obligated includes • funds that have been incurred by the recipient but have not been paid by
the recipient, such as contract agreements or suppiies/materiais/equipment acquired, but not
invoiced.
Attachment C
BUDGET AMENDMENT REQUEST Page 1 of 1
Subredplent
Department
Address
City, State Zip
Contact Name
Fbone
Fax
GLO Contract* Federal DM
Current Current Current Requested Requested Requested Revised Revised Revised
CMP Local Other CMP Local Other CMP Local Other
Totals $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Please Justify your request below (Include additional sheets, as necessary).
Signature of Authorizing Official Date
For GLO Use Only: "™^"—~""^~—"
Your Informal budget amendment Is approved. Please retain a copy of this form with your project file.
Informal Budget Amendment Approved by: Date:
Contract Specialist
Notet This copy of this form will become part of your permanent GLO legal flle.
INVOICE FOR FEDERAL EXPENDITURES
Entity Name
Department
Address
City, State Zip
Contact Name
Phone
Fax
GLO Contract # Federal ID#
Attachment D
Page 1 of 4
Totals $0.00 $0.00 $0.00 $0.00
Attach timesheets/receipts/canceUed checks for all expenditures that you are submitting for reimbursement.4
Project Manager Signature Date
'Universities may submit their standard invoice in lieu of this documentation.
Attachment D
Page 2 of 4
MONTHLY GRANT PROJECT EQUIPMENT SHEET FOR DAILY RATES
I certify that this information is correct.
Printed Name of Project Manager.
Signature of Project Manager Date
Attachment D
Page 3 or 4
MONTHLY GRANT PROJECT TIMESHEET
Project Name: _
Employee Name:.
Month and Year:
Total Hours Worked:
Day Hours Description of work performed:
1 \
2
3
4
5
6
7
8
9
10
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
CALCULATION FOR SALARY:
X 8_
Total Hours
for Month
Hourly Fringe
Benefit Rate
Attachment D
Page 4 of 4
Total for Month
Total for Fringe Benefits
Total for Fringe Benefits
TOTAL FOR SALARY AND FRINGE BENEFITS
COMMENTS/NOTES:
I certify that this information is correct.
Employee Signature Date
Project Manager Signature, Date
Entity Name
Department _
Address
City, State Zip
Contact Name.
Phone
Fax
LOCAL MATCH EXPENDITURES*
Attachment 0-1
Page lof 4
GLO Contract # Federal ID#
Attach timesheets/receipts/cancelled checks for all expenditures that you are submitting to
document the required local match.
Project Manager Signature Date
♦Universities may submit their standard invoice In lieu of this invoice form.
Attachment D-1
Page 2 of 4
MONTHLY GRANT PROJECT EQUIPMENT SHEET FOR DAILY RATES
If equipment will be used to meet match requirement, submit monthly with progress reports.
I certify that this information is correct
Printed Name of Project Manager.
Signature of Project Manager Date_
Attachment D-l
Page 3 of 4
MONTHLY GRANT PROJECT TIMESHEET
If salaries and fringe benefits will be used to meet matcb requirement, submit montbly with progress reports.
Project Name:
Employee Name: ,
Month and Year:
Total Hours Worked:
Day Hours Description of work performed:
1
2
3
4
S
6
7
8
9
10 '
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
CALCULATION FOR SALARY:
X $
Total Hours
for Month
Hourly Fringe
Benefit Rate
Attachment D-l
Page 4 of4
Total for Month
Total for Fringe Benefits
Total for Fringe Benefits
TOTAL FOR SALARY AND FRINGE BENEFITS
COMMENTS/NOTES:
I certify that this Information is correct.
Employee Signature Date
Project Manager Signature. Date
Attachment E
Instruction Sheet for the Audit Reporting Form **&l of 2
The purpose of the Audit Reporting (AR) Foim is to assist the General Land Office (GLO) in complying with federal
guidelines for pass through entities issuing federal funds. The AR Form also assists entities receiving federal funds, in
meeting their audit reporting requirement. Federal guidelines for pass through agencies issuing federal awards and the
subrecipients of those funds are set forth in the Single Audit Act of 1996, Office of Management and Budget (OMB) Circular
No. A-133. The OMB's website, http://www.omb.eov/eiants. has information regarding requirements of the Single Audit
Act.
Review the following instructions for assistance in completing the Audit Reporting Form.
Section 1: Entity Information.
• Name of Entity -The "Name of Entity" should match the name on the grant contract.
• Project Title and GLO Contract Number -Provide the "Project Title and GLO Contract Number" for your entity's grant.
The project title must match the title of the project found in "Attachment A" of the grant contract. A separate sheet
listing additional project titles and contract numbers may be attached if necessary.
• Entity's Fiscal Year -Provide the period covered by your entity's fiscal year. (i.e. Jan. '06 through Dec. '06)
Section 2: Single Audit Requirement.
Following the text "For Fiscal Year 20__", insert your entity's fiscal year end for the reporting period ((he most recently
complete fiscal year). For the fiscal year listed, provide the total amount of federal funds (awards/grants) expended
(spent/reimbursed). Account for all federal funds expended, regardless of the source.
Choose one of the following options:
1. Mark the first box, if your entity has expended Jgss than $500,000 in total federal funds. Your entity is exempt from
further audit requirements for the reporting period, but must complete Sections 4 and 5.
2. Made die second box, if your entity has expended $500,000 or more in total federal funds. Your entity is not exempt
from further audit requirements and must complete all remaining sections of the form.
Section 3: Audit Information.
• Date of Last Completed Audft -Indicate the date of your entity's last completed audit.
• Period Covered bv Audit -Provide the period covered by your entity's last completed audit. This period should
correspond to the audit indicated on the previous line.
• Audit Findings -Choose one of the following options:
1. Mark the box before "No findings" if your entity's last completed audit disclosed no findings. If there were no
findings, it is not necessary to provide a copy of your audit reporting package.
2. Mark the box before "Findings" if your entity's last completed audit disclosed findings. If there were findings related
to GLO-issued funds, submit a copy of the audit reporting package. If the findings were unrelated to GLO-issued
funds, submit a copy of the schedule of findings and questioned costs.
• Next Audit Scheduled for -Provide the month and year of your entity's next scheduled audit.
■ Period Covered bv Next Audit -Indicate the period to be covered by your entity's next scheduled audit.
Section 4: Federal Awards Information.
• Following the text "For Fiscal Year 20_", insert your entity's fiscal year end for the current reporting period (should
match the fiscal year provided in Section 2). For the fiscal year listed, provide the total amount of federal funds
(awards/grants) your entity has received (granted/awarded). Account for all federal funds received, regardless of the
source. It is possible for the amount of federal funds received/awarded to disagree with the amount expended/spent.
• • Federal Prams, Tflbte -For the fiscal year listed, use the table to provide: 1) the grants/awards that comprise the total amount
of federal funds your entity received; 2) the period of awards (i.e. May '06 -May l08); 3) amount of awards-and, 4) the
Catalog of Federal Domestic Assistance (CFDA) numbers for each award. If the CFDA number is unknown, you may contact
the issuing agency. If additional space is needed, attach a separate sheet listing the abovementioned federal grant information.
Section 5: Signature Section.
• Signature of Preparer -The person who prepared the AR form must sign and date the form.
■ Printed Name of Preparer -Print the name and title of the person who prepared the AR Form.
• Preparer's Contact Information -Provide an email address and phone number for the preparer.
For additional assistance contact Melissa Porter. CMP Team Leader, at 512-475-1393 or by email at melissa.nnrter^f.ln .ta,. r< „«
Audit Reporting Form Attachment E
Pige2of2
Subrecipients receiving (granted/awarded) federal funds, through the General Land Office (GLO), are subject to the requirements of the
Single Audit Act of 1996, Office of Management and Budget (OMB) Circular No. A-133, (http://www.omb.eov/gTantsV Subrecipients
expending (spending/reimbursed) federal funds totaling $500,000 or more in a fiscal year are required to conduct an audit in accordance
with the Single Audit Act.
Please complete this questionnaire and send by facsimile to 512-475-0680 attn: Coastal Management Program or mail to:
General Land Office
Attn: Coastal Management Program
Coastal Resources Division
P.O. Box 12873
Austin, Texas 78711-2873
Section 1: Entity Information
Name of Entity (Subrecipient)
What is your entity's fiscal year?
Project Title and GLO Contract Number
(additional grants may be listed on a separate page)
through
Month/ Year Month/Year
Section 2: Single Audit Requirement
For your most recently completed fiscal year (Fiscal Year 20 :), account for all federal funds (awards/grants) expended
(spent/reimbursed) regardless of the source. (Provide your most recently completed fiscal year above)
What was the total amount of federal funds (awards/grants) expended (spent/reimbursed)? $
D If lejs than $500,000 in total federal funds (awards/grants) were expended: Your entity is exempt from further audit
requirements for the reporting period. Complete Sections 4 and 5 (Federal Awards Information and Signature Sections).
D If $500,000 or more in tpjaj federal funds (awards/grants) were expended: Complete all remaining sections.
Section 3: Audit Information
• Date of last completed audit: Period Covered by Audit: through
Date Month/Year
• Audit Findings: Q No Findings (it is not necessary to submit a copy of your audit report package)
Month/Year
□ Findings (provide a copy of your audit reporting package if findings were related to funds issued through the GLO.
If findings were unrelated to GLO issued funds submit the schedule of findings and questioned costs.)
• Next scheduled audit: Period covered by next scheduled audit:
Month/Year
through
Month/Year
Section 4: Federal Awards Information
For the fiscal year provided, account for all federal funds (awards/grants).received (granted/awarded) regardless of the source.
For Fiscal Year 20_: (fiscal year must match fiscal year provided in section 2)
What was the total amount of federal funds (awards/grants) recelved(granted/awarded)? .$
(For the fiscal year listed, use the following table to list the federal funds (awards/grants) your entity received)
Month/Year
Section S: Signature Section
Signature of Preparer
Printed Name of Preparer and Title
Date
Preparer's Contact Information:
Email:
Phone:( L ext.
Attachment F
Page lof 2
OMB Approval no. imo-uwi
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
radudng 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-questioru, 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, 1 certify that the applicant:
1. Has the legal authority to apply for Federal assistance,
and the Institutional, managerial and financial capability
(Including funds sufficient to pay the non-Federal share
of project costs) to ensure proper planning,
management and completion of the project described In
this application.
2. Will give the awarding Bgency. the Comptroller General
of the United States and, If appropriate, the Stale,
through, any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the assistance; and will establish
a proper accounting system in accordance with
generally accepted accounting standards or agency
directives.
3. Will not dispose of, modify the use or, or change-the
terms of the real property title, or olher Interest In the
site and faculties without permission and Instructions
from the awarding agency. Will record the Federal
Interest In the title of real property In accordance with
awarding agency directives and will Include a covenant
In the title of real property aquired In whole or In part
with Federal assistance funds to assure non-
discrimination during the useful life of the project
4. Will comply with the requirements of the assistance
awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
5. Will provide and maintain competent and adequate
engineering supervision at the construction site to
ensure that the complete work conforms with the
approved plans and specifications and will furnish
progress reports and such other Information as may be
required by the assistance awarding agency or State.
6. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
7. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of Interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act
of 1970 (42 U.S.C. §§4728*4763) relating to prescribed
standards for merit systems for programs funded
under one of the 19 statutes or regulations specified In
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 800, Subpart F).
9. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint In'construction or
rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to non-
discrimination. These Include but are not limited to: (a)
Title VI of the Civil Rights Act or 1964 (P.L 88-352)
which prohibits discrimination on the-basis of race,
color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681
1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C.
§784), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107). which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), es
amended, relating to nondlscrimlnallon on the basis of
drug abuse; (0 the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondlscrlmlnatlon on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondlscrtmination In the sale,
rental or financing of housing; (I) any other
nondlscrlmlnatlon provisions in the specific statute(6)
under which application for Federal assistance Is being
made; and, (|) the requirements of any other
nondlscrtmination statute(a) which may apply to the
application.
Standard Form 424D (Rev. 7-87)
Attachment F
Page 2 of 2
11. Will comply, or has already compiled, wilh the
requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (P.L 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is
acquired as a result of Federal and federally-assisted
programs. These requirements apply to all Interests In real
property acquired for project purposes regardless of
Federal participation In purchases.
12.
13.
Will comply wilh the provisions of the Hatch Act (5 U.S.C.
§§1501-1508 and 7324-7328) which limit (he political
activities of employees whose principal employment
activities are funded In whole or In part with Federal funds.
Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. §§276a to 276a-7). the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §674), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333) regarding labor standards for federally-assisted
construction subagreements.
14. Will comply with flood Insurance purchase requirements of
Section 102(e) of (he Flood Disaster Protection Act of 1973
(P.L 93-234) which requires recipients In a special flood
hazard area to participate in the program and to purchase
flood Insurance If (ha total cost of Insurable construction
and acquisition Is $10,000 or more.
15. Will comply with environmental standards which may "be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the
National Environmental Policy Act of 1969 (PI. 91-
190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11980; (d)
evaluation of flood hazards in floodplains In accordance
with EO 11988; (a) assurance of project consistency
with the approved State management program
developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 at seq.); (f) conformity of
Federal actions to Slate (Clean Air) Implementation
Plans under Section 176(c) of the Clean Air Act of
1955, as amended (42 U.S.C. §§7401 at seq.); (g)
protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species Act
of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
17. Will assist the awarding agency In assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 at seq.).
18. Will cause to be performed the required financial and
compliance audits In accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Proflt
Organizations."
19. Will comply with ell applicable requirements of all other
Federal laws, executive orders, regulations, and policies-
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMfTTED
SF-424D (Rev. 7-87) Back
FORM CO-SIJ
(REV 12-04)
Attachment G
Page I orJ
OS. DEPARTMENT OF COMMERCE
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 requirementB under 15 CFR Pert 28, 'New Restrictions on Lobbying.*
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to (he best of his or her knowledge
and belief, that:
In any funds have been paid or will be paid to any person for
Influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee
of Congress, or en employee of a Member of Congress in
connection with this commitment providing for the United
Slates to Insure or guarantee e loan, the undersigned shall
complete and submit Standard FomvLLL, "Disclosure Form
to Report Lobbying," in accordance with Its Instructions.
Submission of this statement Is a prerequisite for making or
entering Into this transaction imposed by section 1352, title
31, U.S. Code. Any person who falls to lile the required state
ment shall be subject to a civil penalty of not less Ihan $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.
LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 15 CFR Part 28. lor persons •entering Into a grant,
cooperative agreement or contract over $100,000 or a loan or ban
guarantee over $150,000 as defined at 15 CFR Part 26, Sections
26.105 and 28.110, the applicant certifies that to the best of his or her
knowledge and beEef, (hat
(1) No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to Influence an officer or employee of any agency, a
Member of Congress in conncection with the awarding of any
Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering Into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, en officer of employee of Congress, or en employee of e
member of Congress in connection with this Federal contract, grant,
baa or cooperative agreement, the undersigned shall complete and
submit Standard FomvLLL, "Disclosure Form to Report Lobbying.*
in accordance with its bnstructfcns.
(3) The undersigned shall require that the language of this
certification bo included In the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subreo'pients
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 e prerequisite for making or
entering into (his transaction Imposed by section 1352, title 31, U.S.
Code. Any person who fails to Re 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 OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
Attachment G
Page 2 or 3
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
Approved by OMB
0348-0046
1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan Insurance
2. Status of Federal Action:
ia. bid/offer/application
b. initial award
c. post-award
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
year quarter.
date of last report
4. Name and Address of Reporting Entity:
Q Prims Q Subawardso
Tier , If known:
Congressional District, If known: 4c
5. If Reporting Entity In No. 4 ts a Subawardee, Enter Name
and Address of Prime:
Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFOA Number, if applicable:
8. Federal Action Number, if known: 9. Award Amount, If known:
$
10. a. Name and Address of Lobbying Registrant
(if Individual, last name, first name, Ml):
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name. Ml):
a* WomMen ra^mlM Urotfi W» fcrai t» oulliorttod by «0a 31 U.S.C. Metal 1 '' 1JJJ. THt Arfowm ri Ubyhg ocMtet t» • nutonoi nfnMittEen ef Utt
or tnurad Wa. TW« Otttatm Is oqutrad pvnutM Is 31 U.S.C. 1332. TM*
tolMniUM inGlbaanilal)l*(n'pibfleln<pacden. AnypMosn whofotolaSaltw
toqtni ttuttam »h«Jb»»»bJ«<foa tMptroatdnolfn han HO.OOOmd
Signature: _
Print Name:
Title:
Telephone No.:. Date:
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
Attachment C
Page 3 ofJ
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disdoaura foon shall be completed by Ihe reporting entity, whether subawaniee or prime Federal recipient, at (he initiation or receipt of a covered Federal
action, or a material change to a previous filing, pursuant to UUa 31 U.S.C. section 1352. The filing of a form Is required for each payment or agreementlo make
payment to any lobbying entity for Influencing or attempting to Influence an officer or employeeof any agency, a Member of Congress, an officer or emptoyeeof
Congress, or en employeeof a Member of Congress In connection with a coveredFederal action. Compieteall Hams that apply (or both the Initial filing end material
change report Refer to (he 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 (he outcome of a covered Federal action.
2. Identify the status of (he covered Federal action.
3. Identify the approprlaledsss(flcatSon of Oils report. If this Is a foOowup report caused by a material change to tho Information previously reported, enter
the year and quarterln which (ha change occurred. Enter the date of the last previously submitted report by this reporting entity for this coveredFederal
action.
4. Enter the full name, address, dty, Stale end zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification
of Iho reporting entity that designates If II Is. or expects to ba, a prime or subaward recipient. Identify the tier of the subawardee, e.g., Ihe first subawardoe
of Ihe prime la the-1st tier. Subawards Include but are not limited to subcontracts, subgrenls and contract awards under grants.
5. If the organtzatlorifBing the report In Item 4 checks 'Subawardee.'then enter Ihe full name, address, dry. Slate and zip code of the prime Federal
redplenL Include Congressional District. If known.
8. Enter the Mtnsof the Federal agency making the award or loan commitment. Include al least one organbaUonetlevelbetowagencyname.lf known. For
example. Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (Hem 1). If known, enter Ihe full Catalog of Federal Domestic Assistance
(CFOA) number for grants, cooperauva agreements, loans, and loan commitments.
8. Enter the most appropriate Federal Identifying number avaDablefor Ihe Federal action tdanllfiad In Item 1 (e.g., Request for Proposal (RFP) number.
Invitation for Bid (IFB) number, grant announcement number; Ihe contract, grant, or loan award number; the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g.. 'RFP-DE-SO-001.'
g. For a covered Federal action where there has been en award or loan commitment by the Federal agency, enter Ihe Federal amount of Iho award/loan
commitment for the prime entity Identified In Hem 4 or 6.
10. (a) Enter Ihe full name, address, dty, Stale end zip code of Ihe lobbying registrant under the Lobbying Disclosure Act of IMS engegod by Ihe reporting
entity Identified In Ham 4 to Influence Ihe covered Federal action.
(b) Enter um full names of Ihe lndlvfdua!{8) portormlng services, end Include full address If different from 10 (a). Enter Lost Name. First Name, and
Middle Initial (Ml).
11. The certifying offldal shall sign and dale Ihe form, print his/her name. UUe. and tofephona number.
According to the Paperwork Reduction Act, as amended, no persons are required (o respond to a collection of Information unless H displays a valid OMB Control
Number. The valid OMB control number for (his Information cotlecuon is OMB No. 03464048. Public reporting burden for Ihls collection of Information Is
esttnatod to average 10 minutes per response, Indudlng time for reviewing Instructions, searching existing data sources, gathering and maintaining Ihe data
needed, end completing and reviewing the collection of Information. Send commonls regarding Ihe burden estimate or any other aspect of this collection ol
Information. Including suggestions for reducing this burden, to the Office of Menagementand Budget, Paperwork Reduction Project (034B-0048). Washington.
DC 20503.
Attachment H
Page I of 1
HISTORICALLY UNDERUTILIZED BUSINESSES (HUB)
EXPENSE REPORT
(Project Name)
(GLO Contract No.)
(Reporting Period)
In accordance with state law, it is the General Land Office's (GLO) policy to assist Historically
Underutilized Businesses (HUBs), whether minority or women-owned, whenever possible in
providing goods and services to the GLO. The GLO encourages you to adhere to this same
policy when selecting subcontractors to assist your organization in fulfilling its contractual
obligations with the GLO.
In that regard, please provide us with the estimated amount of project funds your organization
paid to HUB vendors during the FY 20 (slate's fiscal year is September 1 to August 31).
PROJECT AMOUNT PAID: TYPE OF HUB VENDOR:
American Women (WO)
Hispanic Americans (HI)
Black Americans (BL)
Asian Pacific Americans (AS)
Native Americans (NA)
Other
I am not sure if this vendor is a HUB:
Vendor's name
Amount paid: $_
or
No project funds were paid to a HUB vendor during the stated time period.
Please fax this page to Ms. Monica Simien, Contract Specialist, at (512) 475-0680.
If you have any questions, please contact Ms. Simien at (512) 463-5187 or at
monica.simien@elo.state.tx.us.