HomeMy WebLinkAbout08/15/2023 PACKETREGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, AUGUST 15, 2023 1:30 PM
AGENDA
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PROCLAMATIONS
PRESENTATIONS
RECOGNITIONS
PUBLIC COMMENT ON AGENDA/CONSENT
Public Comments: Persons may speak on the Consent Agenda and the Regular
Agenda Items 1-5 (or any other topic)
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is
required to remove any item for discussion and separate action.)
A. Council to consider approving the August 8, 2023, City Council Meeting Minutes.
B. Council consider a resolution authorizing the City Manager to accept maintenance
and authorize final payment to Greenscapes Six, LLC, for the Cattail Marsh Sidewalk
Trail Project.
C. Council consider a resolution authorizing the City Manager to approve Change Order
No. 1 for the 2020 HSIP Interconnect Signals Project – Fourth Street and Gladys
Avenue.
D. Council consider a resolution approving the purchase of a 2023 Ford F350 for use in
the Transit Division.
E. Council consider a resolution approving an annual contract for Mowing Developed
and Vacant, City-Owned and Abandoned Property.
F. Council consider a resolution authorizing the City Manager to execute Change Order
No. 6, to the contract with King Solution Services, Inc., of Houston, for the City Wide
Pipe Bursting Contract – Phase I Project.
G. Council consider a resolution authorizing the City Manager to enter into a Subgrant
Reimbursement Contract with the Texas Commission on Environmental Quality
(TCEQ) under the RESTORE Program to receive financial assistance for portions of
the Riverfront Park Restoration Project.
REGULAR AGENDA
1. Council consider a resolution receiving the proposed FY 2024 Budget and scheduling
an public hearing.
2. Council consider a resolution receiving the proposed 2024 Capital Program and
scheduling a public hearing.
3. Council consider establishing and taking a record vote on the “proposed” 2023 tax
rate and schedule a public hearing.
4. Council consider approving an ordinance calling a Special Election for November 8,
2023, for the purpose of submitting to the qualified voters of the City of Beaumont
certain proposed amendments to the existing Charter of the City of Beaumont, Texas.
5. Council consider a resolution authorizing the City Manager to award a contract to MK
Constructors, of Vidor, for the Jefferson Street Infrastructure Repair Project.
PUBLIC COMMENT - MISC
COUNCIL COMMENTS
ADJOURNMENT
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services
are requested to contact Kaltrina Minick at (409) 880-3777.
A
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Tina Broussard, City Clerk
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council to consider approving the August 8, 2023, City Council
Meeting Minutes.
BACKGROUND
None
FUNDING SOURCE
None
RECOMMENDATION
None
ATTACHMENTS
None
Minutes – 2023
MINUTES OF THE CITY OF BEAUMONT
COUNCIL MEETING
Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large
Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II
Audwin Samuel, Ward III AUGUST 8, 2023 Chris Durio, Ward IV
Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney
The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance
with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on August 8, 2023,
at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 3:30 p.m. to
consider the following:
OPENING
Invocation Pledge of Allegiance Roll Call
Proclamations, Presentation and Recognition
Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-3
Mayor West called the council meeting to order at 3:30 p.m.
Father Steve Leger of St. Jude Thaddeus Catholic Church gave the invocation. Mayor West led
the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz,
Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae
Reed, City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation and Recognition
None
Mayor West read the announcement regarding the Executive Session being held at the
conclusion of Public and Councilmember comments.
Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-3 (or
any other topic) (Public comments can be heard or seen at the City of Beaumont website at
beaumonttexas.gov
Tonene Ligon Carrier, Beaumont Tx Charlie Crabbe, Beaumont TX
Sam Marchand, Beaumont TX J.D. Roberts, Beaumont TX
Ricky Jason, Beaumont TX Thefarro Richard, Beaumont TX
Minutes – 2023
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial.
The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove
any item for discussion and separate action.)
A. Council to consider approval of the August 8, 2023, City Council Meeting Minutes.
B. Council to consider a resolution authorizing an increase to the purchase order with
RailPros Field Services, Inc., of Irving, Texas for the monitoring and flagging services
required by Union Pacific Railroad for the emergency repair of a sewer cavity under the
Union Pacific Railroad at West Florida Avenue and Avenue A – Resolution 23-211
C. Consider the appointment of Board of Adjustment members and alternate. (Mayor Roy
West) – Resolution 23-212
D. Council to consider the appointment of Kate Hambright to the Library Commission.
(Councilmember Mike Getz) – Resolution 23-213
E. Council consider a resolution approving the replacement of Fire Motorola radios and
accessories from Motorola Solutions of Chicago, IL – Resolution 23-214
Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tem Turner
seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
REGULAR AGENDA
1. Council to consider an ordinance for the proposed settlement of Entergy's 2022 Fuel
Reconciliation Request.
Entergy Texas, Inc.'s (ETI) submitted an application to the Public Utility Commission
(Commission) requesting to reconcile approximately $1.67 billion in fuel and purchased
power expenses incurred between April 1, 2019, and March 31, 2022. After accounting
for ETI's fuel factor revenues from the same period, ETI calculated it had under-recovered
its fuel and purchased power expensed during reconciliation period by $90.3 million. ETI
also requested to add $12.8 million to the under-recovery pursuant to a Commission rule
that allows utilities to retain 10% of the margins earned on their off-system sales. Instead
of requesting a surcharge to collect the under-recovery balance and retained off-systems
sales margins, ETI requested that the total $103.1 million be carried forward as the
beginning balance for the subsequent reconciliation period beginning April 1, 2022. ETI,
the Commission staff, and other intervening parties have reached a final agreement
regarding ETI's fuel reconciliation application. ETI agreed to reduce its requested retained
off-system sales margins from $12.8 million to $9.25 million. As a result, the under-
recovery balance to be carried over into the next fuel reconciliation period will be
approximately $99.6 million instead of $103.1 million. There will be no rate impact on
Minutes – 2023
customers at this time. Given the cost of litigation and litigation risk, the proposed
settlement is reasonable and in the best interest of the city.
The reasonable expenses associated with rate cases are reimbursable by the Company.
Adoption of the ordinance.
Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY
OF BEAUMONT TEXAS (“CITY”) AUTHORIZING THE SETTLEMENT OF THE PROPOSED FUEL
RECONCILIATION OF ENTERGY TEXAS, INC.; FINDING THAT THE MEETING COMPLIES WITH THE
OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE. Councilmember Feldschau seconded the motion.
AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND
NEILD
NAYS: MAYOR PRO TEM TURNER
MOTION PASSED
ORDINANCE 23-060
2. Council to consider a resolution authorizing the City Manager to award a contract to
Brystar Contracting, Inc., of Beaumont, for the Evalon Street 8’X8’ Box Culvert and Cavity
Emergency Repair Project.
The City of Beaumont Engineering Department was notified by the Streets and Drainage
department about a cavity and failure to an 8’X8’ concrete box culvert located at 3750
Evalon Street. The location of the failure is partially in the roadway and partially into the
yard of the residence at 3750 Evalon Street.
Due to the proximity to several residences and the threat of the cavity expanding in size
and potentially extending onto private property, Public Works/Engineering has determined
that the repair of this cavity, concrete box culvert, and storm sewer line must be
performed on an emergency basis.
On July 21, 2023, the City obtained a time and materials proposal not to exceed the
amount of $189,645.00 from Brystar Contracting, Inc., to make the repairs to the box
culvert and to backfill and stabilize the area.
Funds will come from the Capital Program.
Approval of the Resolution.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND
HE IS HEREBY AUTHORIZED TO AWARD A CONTRACT TO BRYSTAR CONTRACTING INC., OF
BEAUMONT, TEXAS IN AN AMOUNT NOT TO EXCEED $189,645.00, FOR THE EVALON STREET 8’X8’
BOX CULVERT AND CAVITY EMERGENCY REPAIR PROJECT. Councilmember Getz seconded the
motion.
Minutes – 2023
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
RESOLUTION 23-215
3. Council to consider a resolution authorizing the City Manager to execute Change Order
No. 1 to the contract with Gulf Coast, a CRH Company, for the 4th Street Roadway
Rehabilitation Project.
On January 24, 2023, by Resolution No. 23-031, the City Council awarded a contract to
Gulf Coast, a CRH Company, of Beaumont, in the amount of $6,079,536.28, for the 4th
Street Roadway Rehabilitation Project.
Proposed Change Order No. 1, in the amount of $441,552.00, is being requested by the
city as a result of a detailed storm sewer investigation performed as part of the design of
the 4th Street improvement project. This change order is needed to address areas where
other utilities conflict with the storm sewer system, or to repair defects in the storm sewer
system. These conflicts can possibly impede drainage and the defects can potentially
undermine the roadbed. Making these repairs prior to the placement of the pavement will
maximize the anticipated service life of the road. Thirty-Five (35) additional days will be
added to the contract for the additional work. If approved, Change Order No. 1 will result
in a new contract amount of $6,521,088.28.
Funds will come from the Capital Program.
Approval of the Resolution.
Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF
$441,552.00 FOR ADDITIONAL WORK FOR THE 4TH STREET ROADWAY REHABILITATION PROJECT,
THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $6,521,088.28. Councilmember
Samuel seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
RESOLUTION 23-216
4. Council to consider an Ordinance amending Ordinance No. 23-059, a request for
abandonment of Doctor's Drive and a portion of 15th Street with retention of a general
utility easement.
Minutes – 2023
On August 1, 2023, the City Council of the City of Beaumont, Texas approved Ordinance
No. 23-059, a request for abandonment of Doctor's Drive and a portion of 15th Street.
The approved Ordinance approved the abandonment but did not include a reference to
retaining a general utility easement. Amendment of Ordinance No. 23-059 is necessary to
reflect the correct language relating to retention of the general utility easement.
Approval of an Ordinance amending Ordinance No. 23-059, a request for abandonment
of Doctor's Drive and a portion of 15th Street with retention of a general utility easement.
Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING
ORDINANCE 23-059 AND ABANDONING THE REMAINING PORTION OF DOCTOR’S DRIVE AND A
PORTION OF 15TH STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember
Durio seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
ORDINANCE 23-059-A
COMMENTS
Public Comments (Persons are limited to three minutes)
Addie Allen, Beaumont TX Christopher Jones, Beaumont TX
Councilmembers/City Manager/City Attorney comments on various matters
(Comments can be heard or seen on the City of Beaumont website at
beaumonttexas.gov)
COUNCILMEMBER COMMENTS
COUNCILMEMBER TEM DURIO -
COUNCILMEMBER GETZ -
MAYOR PRO TEM TURNER -
COUNCILMEMBER FELDSCHAU -
COUNCILMEMBER SAMUEL -
COUNCILMEMBER NEILD -
CITY ATTORNEY REED -
CITY MANAGER WILLIAMS -
Minutes – 2023
MAYOR WEST –
EXECUTIVE SESSION - CANCELLED
Consider matters related to the contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
• The Claim of Chatherine Goodman
With there being no Executive Session, Council adjourned at 4:17 p.m.
Roy West, Mayor
Tina Broussard, City Clerk
B
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
accept maintenance and authorize final payment to Greenscapes Six,
LLC, for the Cattail Marsh Sidewalk Trail Project.
BACKGROUND
On April 18, 2023, by Resolution No. 23-094, City Council awarded a contract to Greenscapes
Six, LLC, of Baytown, in the amount of $176,097.00, for the Cattail Marsh Sidewalk Trail
Project.
Previous Change Order No. 1, in the amount of ($13.52), is attached for your review.
The project has been inspected by the Engineering Division and found to be complete in
accordance with the provisions and terms set forth in the contract. Acceptance of maintenance
and final payment in the amount of $10,704.17 is recommended.
FUNDING SOURCE
Hotel Occupancy Tax Fund.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
Cattail Marsh Sidewalk Trail Final
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on April 18, 2023, the City Council of the City of Beaumont, Texas,
passed Resolution No. 23-094 awarding a contract to Greenscapes Six, LLC, of Baytown,
Texas, in the amount of $176,097.00, for the Cattail Marsh Sidewalk Trail Project; and,
WHEREAS, the project has been inspected by the Engineering Division and found
to be complete in accordance with the provisions and terms set forth in the contract;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
THAT the City Manager is hereby authorized to make final payment in the amount
of $10,704.17 to Greenscapes Six, LLC, of Baytown, Texas.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
RESOLUTION NO. 23- 094
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on March 23, 2023, six ( 6) bids were solicited for the furnishing of all
labor, materials, and equipment for the Cattail Marsh Sidewalk Trail Project; and,
WHEREAS, Greenscapes Six, LLC, of Baytown, Texas submitted a bid in the
amount of $ 176, 097. 00; and,
WHEREAS, City Council is of the opinion that the bid submitted by Greenscapes
Six, LLC, of Baytown, Texas in the amount of $ 176, 097. 00 should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
THAT the bid submitted by
Greenscapes Six, LLC, of Baytown, Texas in the
amount of $ 176, 097. 00 for the furnishing of all labor, materials, and equipment for the
Cattail Marsh Sidewalk Trail Project, should be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Greenscapes Six, LLC, of Baytown, Texas for the
purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
April, 2023.
Mayor Robin Mouton -
Contract - 001.001
03-Aug-2023 07:38 AM CST
Cattail Marsh Sidewalk Trail
801 main street Beaumont, Texas 77701
Project Number: PW1223-05
001.001: Change Order Number 1
Grand Total: $-13.52
For 001 Greenscapes Six, LLC - Cattail Marsh Sidewalk Trail
Division 03
Line Item
Type
Unit price
Group 3.0 Construction
Scope of
Work
Due to the Contractors area of natural ground disturbance being less than what was anticipated, the majority of sod can be removed from
the Contract. This money is being reallocated to place and compact 2" bank sand under the proposed sidewalk path.
Notes
Awarded To
Reason
Code
Owner Requested
Days
Changed
0
Attachments
Change Order Summary
Original Contract Sum 176,097.00 Substantial Completion Date
Net Cost by Previous Approved COs 0.00 Net Time Change By Previous COs 0 days
Contract Sum Before This CO 176,097.00 Substantial Completion before This CO
Contract Sum Changed By This CO -13.52 Time Changed By This CO 0 days
New Contract Sum 176,083.48 New Substantial Completion Date
All Change Orders make up -0.01% of the Original Contract
Accounting and Status
Accounting Status
Item Id 395
Greenscapes Six, LLC
Zach Tiemann
28238
Grand Total: -13.52
PO Number FEMA Number
Accounting Project Code Custom Accounting Field 04
Custom Accounting Field 05 Custom Accounting Field 06
Custom Accounting Field 07 Custom Accounting Field 08
Line Items
Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount
Contract Items
132-6001 001 EMBANKMENT (2" BANK SAND COMPACTED IN PLACE) 1,588.00 SY 4.96 7,876.48
162-6002 001 BLOCK SODDING -610.00 SY 9.00 -5,490.00
462-6001 001 CONC BOX CULVERT (3 FT X 2 FT) -4.00 LF 600.00 -2,400.00
Total -13.52
Name or Role Status Actions
1 External-GC Approved
Zach Tiemann
18-May-2023 08:30 AM CST
2 Project Manager Approved
David Tingle
18-May-2023 08:30 AM CST
3 City Engineer Approved
Amalia "Molly" Villarreal
18-May-2023 08:42 AM CST
4 Director Approved
Bart Bartkowiak
19-May-2023 12:34 PM CST
5 Admin Approved
Crystal Garza
19-May-2023 01:16 PM CST
6 Assistant City Manager Approved
June Ellis
19-May-2023 03:14 PM CST
7 City Clerk Approved
Tina Broussard
22-May-2023 09:27 AM CST
Created by: David Tingle on 18-May-2023 Last Modified by: Tina Broussard on 22-May-2023
Approval Approved
Due: 29-May-2023
Invoice # 001.002
03-Aug-2023 07:39 AM CST
Cattail Marsh Sidewalk Trail
801 main street Beaumont, Texas 77701
Project Number: PW1223-05
001.002: Greenscapes Six, LLC - Greenscapes Six, LLC - Cattail Marsh Sidewalk Trail
Amount Due: $10,704.17
For Contract Contract - 001 Greenscapes Six, LLC - Cattail Marsh Sidewalk Trail
Date 06-Jul-2023
Line Item
Type
Unit price
Group 3.0 Construction
Pay Period 01-Jun-2023 to 06-Jul-2023
Retainage WC 5.00 - MS 0.00
Payment To
Date Due
Terms
Attachments
Line Items
Item
#
Account
Code
WBS/
Section Description
Contract
Total
Previous
Payments Quantity UoM
Unit
Price
Work
Completed
(WC)
Materials
Stored
(MS) Total
% WC
Retainage
% MS
Retainage
Change Order Number 1 - Contract Items
132-
6001
001 EMBANKMENT
(2" BANK SAND
COMPACTED IN
PLACE)
1,588.00
@ 4.96
7,876.48 0.00 SY 4.96 0.00 0.00 7,876.48 0.00 0.00
162-
6002
001 BLOCK
SODDING
-610.00 @
9.00
0.00 0.00 SY 9.00 -5,490.00 0.00 -5,490.00 0.00 0.00
462-
Grand Total: $2,000.00
Item
#
Account
Code
WBS/
Section Description
Contract
Total
Previous
Payments Quantity UoM
Unit
Price
Work
Completed
(WC)
Materials
Stored
(MS) Total
% WC
Retainage
% MS
Retainage
400-
6001
001 CEMENT STABIL
BKFL (2.0 SK/CY
SAND)
15.00 @
100.00
1,500.00 0.00 CY 100.00 0.00 0.00 1,500.00 0.00 0.00
462-
6001
001 CONC BOX
CULVERT (3 FT
X 2 FT)
36.00 @
600.00
19,200.00 0.00 LF 600.00 2,400.00 0.00 21,600.00 0.00 0.00
500-
6001
001 MOBILIZATION 1.00 @
20,000.00
18,000.00 0.00 LS 20,000.00 2,000.00 0.00 20,000.00 0.00 0.00
506-
6020
001 CONSTRUCTION
ENTRANCE/EXIT
(TY 1)
1.00 @
2,500.00
2,500.00 0.00 LS 2,500.00 0.00 0.00 2,500.00 0.00 0.00
531-
6001
001 CONC
SIDEWALKS (4")
(5' WIDE)
193.00 @
72.00
13,896.00 0.00 SY 72.00 0.00 0.00 13,896.00 0.00 0.00
8. CURRENT AMOUNT DUE $10,704.17
9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) 0.00
NET CHANGE by Change Order $-13.52
ADDITIONS DEDUCTIONS
Total changes approved in previous pay periods 7,876.48 -7,890.00
Total approved this pay period 0.00 0.00
TOTAL 7,876.48 -7,890.00
Accounting and Payment Status
Invoice Id 696
Payment Status Check #s
Paid Date Paid Amount $ 0.00
PO Number FEMA Number
Accounting Project Code Custom Accounting Field 04
Custom Accounting Field 05 Custom Accounting Field 06
Custom Accounting Field 07 Custom Accounting Field 08
Name or Role Status Actions
1 External-GC Approved
Zach Tiemann
06-Jul-2023 11:46 AM CST
2 Project Manager Approved
David Tingle
06-Jul-2023 01:19 PM CST
3 City Engineer Approved
Amalia "Molly" Villarreal
06-Jul-2023 04:26 PM CST
4 Director Approved
Bart Bartkowiak
07-Jul-2023 08:53 AM CST
5 Admin Approved
Crystal Garza
10-Jul-2023 03:43 PM CST
Created by: David Tingle on 06-Jul-2023 Last Modified by: Crystal Garza on 10-Jul-2023
Change Order Summary
Approval Approved
Due: 17-Jul-2023
C
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
approve Change Order No. 1 for the 2020 HSIP Interconnect Signals
Project – Fourth Street and Gladys Avenue.
BACKGROUND
On August 23, 2022, by Resolution No. 22-205, City Council authorized additional funding and
concurrence to TxDOT for awarding the 2020 Highway Safety Improvements Program (HSIP)
Interconnect Signals Project – Fourth Street and Gladys Avenue to Vaca Underground, Inc., of
Houston, Texas. All major hardware items have been installed and the controllers and software
are currently being configured. Project completion is estimated to be mid-September.
Proposed Change Order No. 1 addresses quantity reductions for the conduit and ground box
items, while adding electrical items to accommodate the replacement/relocation of a signal
cabinet. It was anticipated that some of the existing conduit and ground boxes were going to be
replaced, however they were found to be in good condition, apart from being filled with dirt and
debris. Therefore, the installation items were reduced, and preparation/cleaning items were
added.
The additional items increase the total cost by $25,668.16. The quantity reductions reduce the
total cost by $40,232.50, which results in a net cost reduction of $14,564.34 for the overall
project. All major pay items have been completed at this time and no further change orders are
anticipated.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
2020 HSIP Interconnect Signals Project – Fourth Street and Gladys Avenue CO1
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on August 23, 2022, the City Council of the City of Beaumont, Texas
passed Resolution No. 22-205, authorizing additional funding and concurrence to TxDOT
for awarding the 2020 Highway Safety Improvements Program (HSIP) Interconnect
Signals Project- Fourth Street and Gladys Avenue to Vaca Underground, Inc., of Houston,
Texas; and,
WHEREAS, proposed Change Order No. 1 in the amount of ($14,564.34,) is
required to address quantity reductions for the conduit and ground box items, while
adding electrical items to accommodate the replacement/relocation of a signal cabinet. It
was anticipated that some of the existing conduit and ground boxes were going to be
replaced, however they were all found to be in good condition, apart from being filled with
dirt and debris. Therefore, the installation items were reduced, and preparation /cleaning
items were added; and,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 1, in the amount of ($14,564.34) for additional work described above, thereby
decreasing the total contract amount to $835,605.66 for the 2020 Highway Safety
Improvements Program (HSIP) Interconnect Signals Project- Fourth Street and Gladys
Avenue; and,
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
531-
6003
001 CONC
SIDEWALKS (4")
(8' WIDE)
1,395.00
@ 72.00
100,440.00 0.00 SY 72.00 0.00 0.00 100,440.00 0.00 0.00
760-
6001
001 CLEANING AND
RESHAPING
DITCHES
(INCLUDES
MINIMAL
REGRADING)
40.00 @
100.00
4,000.00 0.00 LF 100.00 0.00 0.00 4,000.00 0.00 0.00
9999-
6001
001 REMOVE
CONCRETE
AROUND
EXISTING
SEWER CLEAN
OUT AND RESET
CLEAN OUT
FLUSH WITH
PROPOSED
CONCRETE
1.00 @
500.00
500.00 0.00 EA 500.00 0.00 0.00 500.00 0.00 0.00
Total 176,097.00 166,207.00 9,890.00 0.00 176,097.00
Summary
1. CONTRACT SUM + AMENDMENTS 176,097.00
2. NET CHANGE BY Change Order -13.52
3. CONTRACT SUM TO DATE (Line 1+ Line 2) 176,083.48
4. TOTAL COMPLETED & STORED TO DATE 176,083.48
5. RETAINAGE
5a. 5.00% Of Completed Work (Column I on Continuation Sheet) 0.00
5b. 0.00% Of Stored Material (Column J on Continuation Sheet) 0.00
TOTAL RETAINAGE (5a + 5b) 0.00
6. TOTAL EARNED LESS TOTAL RETAINAGE 176,083.48
7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 165,379.31
6001
001 CONC BOX
CULVERT (3 FT
X 2 FT)
-4.00 @
600.00
0.00 0.00 LF 600.00 -2,400.00 0.00 -2,400.00 0.00 0.00
Total -13.52 7,876.48 -7,890.00 0.00 -13.52
Contract Items
104-
6015
001 REMOVING
CONCRETE
(SIDEWALKS)
69.00 @
25.00
1,725.00 0.00 SY 25.00 0.00 0.00 1,725.00 0.00 0.00
162-
6002
001 BLOCK
SODDING
1,104.00
@ 9.00
4,446.00 0.00 SY 9.00 5,490.00 0.00 9,936.00 0.00 0.00
Greenscapes Six, LLC
Zach Tiemann
28238
August 1, 2023
City of Beaumont
Vaca Underground Utilities, Inc.
1
618 6054 CONDT (PVC) (SCH 80) (3") (BORE) LF 0 320 $ 26.40 $ 8,448.00
620 6010 ELEC CONDR (NO.6) INSULATED LF 0 500 $ 2.12 $ 1,060.00
684 6007 TRF SIG CBL (TY A) (12 AWG) (2 CONDR) LF 0 500 $ 1.74 $ 870.00
6027 6003 CONDUIT (PREPARE) LF 0 3800 $ 2.09 $ 7,942.00
6027 6008 GROUND BOX (PREPARE) EA 0 32 $ 229.63 $ 7,348.16
SUBTOTAL $25,668.16
618 6021 CONDT (PVC) (SCH 40) (1 1/2") LF 1660 150 $ 10.75 $ (16,232.50)
624 6007 GROUND BOX TY C EA 33 13 $ 1,200.00 $ (24,000.00)
SUBTOTAL $ (40,232.50)
TOTAL AMOUNT OF THIS CHANGE ORDER $ (14,564.34)
A majority of the existing conduit and ground boxes were in good condition and did not need to be replaced, however they were filled
with dirt. Therefore, the installation items have been reduced and preparation/cleaning items have been added. Three electrical items
have been added to accomodate the relocation of the traffic signal cabinet at the intersection of 4th Street and Cedar Street.
ADD
DELETE
New
Quantity
CITY OF BEAUMONT
THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
Unit Price
Change Order
Amount
Item No. Item Code Description Unit
Original
Quantity
Date:
Project:
Owner:
Contractor:
Change Order No.:
HSIP Interconnect Signals - Fourth Street and Gladys Avenue (CCSJ 0920-38-280)
-1.71%
$ 835,605.66
90 Working Days
0 Working Days
0 Working Days
REVISED CONTRACT TIME: 90 Working Days
-1.71%
THERE WILL BE NO CHANGES TO THE CONTRACT TIME BY THIS CHANGE ORDER
$ 850,170.00
$ -
$ (14,564.34)
ORIGINAL CONTRACT AMOUNT:
NET FROM PREVIOUS CHANGE ORDERS:
TOTAL AMOUNT OF THIS CHANGE ORDER:
PERCENT OF THIS CHANGE ORDER:
TOTAL PERCENT CHANGE ORDER TO DATE:
NEW CONTRACT AMOUNT:
ORIGINAL CONTRACT TIME:
ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS:
ADDITIONAL CONTRACT TIME PER THIS CHANGE ORDER:
1. Outside funding provided by:
(Outside Entity's Legal Name)
2. Type of outside funding agreement for this change:
[ Check one ]
3. Indicate the type and amount of funding:
(Estimated Amount )
(a) Contract Items (Bid Items):
(b) E&C*: (a) x =
enter %
TOTAL
City of Beaumont
($14,564.34)
($14,564.34)
$0.00
($14,564.34)
Existing Amended New
Fixed Price (Lump Sum)
Actual Cost
Use as needed:
I hereby acknowledge notification of the modifications
covered by this Change Order.
Date
By
Typed/Printed Name
Typed/Printed Title
TEXAS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACT CHANGE ORDER NUMBER:
Third Party Funding Notification Sheet
This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and involves third
parties who are providing funding under an Advance Funding Agreement or Donation Agreement.
CCSJ:
Project:
Highway:
County:
District:
Contract
Number:
0920-38-280
STP 2022(538)HESG
CS
Jefferson
Beaumont
08223050
* The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project
depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate
of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in
the "Estimated Cost" of the project.
Funding for this Change Order has been arranged:
TxDOT Representative Date
Typed/Printed Name:
TXDOT Form 2146-AFA
1
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a 2023 Ford F350 for use
by the Transit Division from Silsbee Ford, of Silsbee, Texas, in the amount of $84,078.00.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
D
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider a resolution approving the purchase of a 2023 Ford
F350 for use in the Transit Division.
BACKGROUND
A 2023 Ford F350 Dually equipped with a lift gate and tool boxes, will be purchased from
Silsbee Ford in the amount of $84,078. This truck will be used to service the paratransit and full
size buses and will replace Unit 1028, a 2010 Ford F450 Super Duty with 32,855 miles. Unit
1028 will be repurposed from the shop to general bus stop servicing and administration work.
Bids were requested from forty-four vendors and one vendor responded.
Warranties of 36,000 miles or three years are provided on new vehicles. Warranty service is
provided by local authorized dealerships.
FUNDING SOURCE
Transit Fund $16,815.60
TX-2023-028 Grant $67,262.40
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a 2023 Ford F350 for use
by the Transit Division from Silsbee Ford, of Silsbee, Texas, in the amount of $84,078.00.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
E
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider a resolution approving an annual contract for
Mowing Developed and Vacant, City-Owned and Abandoned
Property.
BACKGROUND
The City solicited bids for an annual contract on mowing developed and vacant, City-owned and
abandoned property. The contract is for one year with possible two, one-year extensions at the
price bid. Thirty invitations to bid were sent out and five vendors submitted bids.
The City currently mows 94 City-owned and 301 abandoned properties. The total number of
properties being mowed changes throughout the year. City-owned properties, for the purpose of
this contract, are mostly unimproved street right-of-ways or properties in the name of Jefferson
County. Abandoned property is defined as property that has no mailing address and/or no name
listed on the tax roll.
The contract is divided into two sections with six cut codes per section. A vendor is only
awarded one section as determined by their capacity, experience and bid price. Vendors are
required to cut one cut code per week with all codes being completed at the end of six weeks. A
cut code is a list of properties that are to be mowed within five working days and are grouped in
a small geographic area to aid the contractor in being cost effective.
SMO Unlimited of Port Arthur, who provided the lowest qualified bid, is currently servicing
Section 2 and has chosen to remain there at an estimated annual cost of $98,838.05. DMJ
Landscaping of Port Arthur, the next lowest qualified bidder, will be awarded Section 1 with a
total estimated annual cost of $81,489.46.
There are two bid tabulations attached. Bid Table One shows the amount bid by the five
contractors with the estimated quantities being for bid purposes only. Bid Table Two shows the
actual estimated annual total cost for each section to be awarded.
FUNDING SOURCE
General Fund
RECOMMENDATION
Staff recommends awarding the contract to SMO Unlimited and DMJ Landscaping for a total
estimated annual amount of $180,327.51, which is a 17% decrease in cost from the current
contract.
ATTACHMENTS
Bid Tabulation
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, the City solicited bids for an annual contract on mowing developed
and vacant City-owned and abandoned property for one (1) year, with possibly two (2),
one (1) year extensions at the bid price; and,
WHEREAS, the City currently mows 94 City-owned and 301 abandoned
properties, with the number changing throughout the year; and,
WHEREAS, SMO Unlimited of Port Arthur, Texas, submitted a bid for an estimated
amount of $98,838.05 for Section 2, as shown in Exhibit “A,” attached hereto; and,
WHEREAS, DMJ Landscaping of Port Arthur, Texas, submitted a bid for an
estimated amount of $81,489.46 for Section 1, as shown in Exhibit “A,” attached hereto;
and,
WHEREAS, City Council is of the opinion that the bids submitted by SMO
Unlimited of Port Arthur, Texas, and DMJ Landscaping of Port Arthur, Texas, are the
lowest bidders providing the best value to the City and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
THAT the bids submitted by SMO Unlimited of Port Arthur, Texas, for an estimated
amount of $98,838.05 for Section 2, and DMJ Landscaping of Port Arthur, Texas, for an
estimated amount of $81,489.46 for Section 1; for one (1) year, with possibly two (2), one
(1) year extensions at the bid price for the mowing developed and vacant City-owned and
abandoned property as shown in Exhibit “A,” be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with SMO Unlimited of Port Arthur, Texas, and DMJ
Landscaping of Port Arthur, Texas, for the purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
F
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Mike Harris, Director of Water Utilities
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 6, to the contract with King Solution
Services, Inc., of Houston, for the City Wide Pipe Bursting Contract
– Phase I Project.
BACKGROUND
On June 14, 2022, by Resolution No. 22-153, City Council awarded a contract to King Solution
Services, Inc., of Houston, in the amount of $3,670,700.00, for the City Wide Pipe Bursting
Contract – Phase I Project.
Previous Change Order Nos. 1-5, in the amount of $506,325.00, are attached for your review.
Proposed Change Order No. 6, in the amount of $76,425.00, is requested to add Map 14 plan
sheets for 1,275 LF of pipe bursting and replacement of six (6) manholes on 21st Street. It was
discovered during construction in the area that the crown of the pipe disintegrated and is
progressing toward complete failure of the line if not repaired. An additional 35 calendar days
are requested for the additional work to be completed. The requested additional items were not
part of the original contract. If approved, the new contract amount would be $4,253,450.00.
FUNDING SOURCE
American Rescue Fund.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
Proposed Change Order No. 6
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on June 14, 2012, the City Council of the City of Beaumont, Texas
passed Resolution No. 22-153 awarding a contract in the amount of $3,670,700.00 to
King Solution Services, Inc., of Houston, Texas, for the City-Wide Pipe Bursting Contract-
Phase I Project; and,
WHEREAS, previous Change Order Nos. 1-5, in the amount of $506,325.00
increased the total contract price to $4,177,025; and,
WHEREAS, Change Order No. 6, in the amount of $76,425.00, is required to add
Map 14 plan sheets for 1,275 LF of pipe bursting and replacement of six (6) manholes on
21
st
Street. It was discovered during construction in the area that the crown of the pipe
disintegrated and is progressing toward complete failure of the line if not repaired;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 6, in the amount of $76,425.00 for additional work described above, thereby
increasing the total contract amount to $4,253,450.00 for the City-Wide Pipe Bursting
Contract- Phase I Project; and,
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
All Change Orders make up 15.88% of the Original Contract
Change Order Summary
Accounting and Status
Contract - 001.006
07-Aug-2023 11:08 AM CST
CITY WIDE PIPE BURSTING CONTRACT - PHASE I
1350 Langham Rd Beaumont, Texas 77707
Project Number: WU1022-02
001.006: CO#001.006: CO # 6: Pipe Bursting Map 14 Addition - 21st Street
Grand Total: $76,425.00
For 001 WU1022-02 City Wide Pipe Bursting Contract - Phase I
Division 33
Line Item Unit price
Type
Group 3.0 Construction
Scope of Change Order No. 6 will add Map 14, 21st Street, to the pipe bursting plan sheets. The Change Order will add 1,275 LF of pipe bursting
Work and replace 6 manholes.
Notes It was discovered recently that the pipes crown has completely disintegrated and is progressing towards complete failure of the line.
Awarded To King Solution Services LLC
Allan Negrete
27738
Reason Owner Requested
Code
Days 35
Changed
Attachments
CO 6_City Wide Pipe Bursting (Executed).pdf
Original Contract Sum 3,670,700.00 Substantial Completion Date
Net Cost by Previous Approved COs 506,325.00 Net Time Change By Previous COs 65 days
Contract Sum Before This CO 4,177,025.00 Substantial Completion before This CO
Contract Sum Changed By This CO 76,425.00 Time Changed By This CO 35 days
New Contract Sum 4,253,450.00 New Substantial Completion Date
Accounting Status
Item Id 437
PO Number 430946 FEMA Number
Accounting Project Code Custom Accounting Field 04
Custom Accounting Field 05 Custom Accounting Field 06
Custom Accounting Field 07 Custom Accounting Field 08
Line Items
Item Account
# Code
WBS/
Section Description Quantity UoM
Unit Total
Price Amount
3.0 Construction
013 GC Contract 708 Remove and Replace or Install New Std. Fiberglass Manhole, Less
than 5' Depth (With All Joints & Con
3.00 EACH 5,000.00 15,000.00
014 GC Contract 708 Remove and Replace or Install New Std. Fiberglass Manhole, 5' to 8'
Depth (With All Joints & Connect
3.00 EACH 5,600.00 16,800.00
019 GC Contract 4020 Pipe Bursting 6"-8" Sewer to 8.625" OD, All Depths 1,275.00 LF 35.00 44,625.00
Total 76,425.00
Grand Total: 76,425.00
Approval Pending
Due: 14-Aug-2023
Name or Role Status Actions
1 External-GC Approved
Allan Negrete
07-Aug-2023 11:00 AM CST
2 Project Manager Approved
John Pippins
07-Aug-2023 11:03 AM CST
3 City Engineer Pending
4 Director Waiting for previous approvals.
5 Admin Waiting for previous approvals.
6 Assistant City Manager Waiting for previous approvals.
7 City Clerk Waiting for previous approvals.
Created by: Kevin Young on 04-Aug-2023 Last Modified by: John Pippins on 07-Aug-2023
All Change Orders make up 13.79% of the Original Contract
Change Order Summary
Accounting and Status
Contract - 001.005
27-Jul-2023 02:35 PM CST
CITY WIDE PIPE BURSTING CONTRACT - PHASE I
1350 Langham Rd Beaumont, Texas 77707
Project Number: WU1022-02
001.005: CO # 5: Manhole Top/Encasement Addition
Grand Total: $17,500.00
For 001 WU1022-02 City Wide Pipe Bursting Contract - Phase I
Division 33
Line Item Unit price
Type
Group 3.0 Construction
Scope of Change Order No. 5 will add one (1) additional bid item to install 56” x 56” square concrete tops at a minimum of 6" higher than the right-
Work of-way elevation and concrete encasement for five (5) manholes along the DD6 ditch bank in the Piney Point area, Map 1 of the plan set.
Notes
Awarded To King Solution Services LLC
Allan Negrete
27738
Reason Owner Requested
Code
Days 5
Changed
Attachments
Quote - Concrete encasement and square tops for new manholes.pdf
RES 23-195 City Wide PB Phase I C_O5.pdf
Original Contract Sum 3,670,700.00 Substantial Completion Date
Net Cost by Previous Approved COs 488,825.00 Net Time Change By Previous COs 60 days
Contract Sum Before This CO 4,159,525.00 Substantial Completion before This CO
Contract Sum Changed By This CO 17,500.00 Time Changed By This CO 5 days
New Contract Sum 4,177,025.00 New Substantial Completion Date
Accounting Status
Name or Role Status Actions
1 External-GC Approved
Allan Negrete
14-Jul-2023 05:26 PM CST
2 Project Manager Approved
John Pippins
17-Jul-2023 01:19 PM CST
3 City Engineer Approved
Amalia "Molly" Villarreal
17-Jul-2023 01:40 PM CST
4 Director Approved
Bart Bartkowiak
17-Jul-2023 06:00 PM CST
5 Admin Approved
Dara Woodruff
26-Jul-2023 09:32 AM CST
6 Assistant City Manager Approved
June Ellis
27-Jul-2023 02:15 PM CST
7 City Clerk Approved
Tina Broussard
27-Jul-2023 02:33 PM CST
Item Id 423
PO Number 430946 FEMA Number
Accounting Project Code Custom Accounting Field 04
Custom Accounting Field 05 Custom Accounting Field 06
Custom Accounting Field 07 Custom Accounting Field 08
Line Items
Item Account
# Code
WBS/
Section Description
Unit Total
Price Amount
3.0 Construction
025 GC Contract 00000 Concrete Encasement & Square Concrete Tops for 5 Manholes along
DD6 Ditch Bank on Map 1
17,500.00 17,500.00
Total 17,500.00
Quantity UoM
1.00 LS
Grand Total: 17,500.00
Approval Approved
Due: 3-Aug-2023
Created by: Kevin Young on 14-Jul-2023 Last Modified by: Tina Broussard on 27-Jul-2023
G
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter
into a Subgrant Reimbursement Contract with the Texas
Commission on Environmental Quality (TCEQ) under the
RESTORE Program to receive financial assistance for portions of
the Riverfront Park Restoration Project.
BACKGROUND
Enacted in July 2012, the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act (RESTORE Act) delegates eighty percent
(80%) of certain Clean Water Act administrative and civil penalties related to the Deepwater
Horizon oil spill to a Gulf Coast Restoration Trust Fund (RTF) and outlines a structure by which
the funds can be utilized to restore and protect the natural resources and economy of the Gulf
Coast region. An amendment to the Texas State Expenditure Plan (SEP) was approved by the
RESTORE Council to secure grant funds to support projects that address restoration needs
resulting from damages from Hurricane Harvey.
This grant award is funded by a Federal Financial Assistance Award from the Gulf Coast
Ecosystem Restoration Council (RESTORE Council) under ID Number GNSSP22TX0035-01-
01. The City of Beaumont, as a subrecipient and the performing party in said contract No. 582-
23-45420, will receive a not to exceed award of $5,400,000.00.
The RESTORE Grant funding, in the amount of $5,400,000.00, will be used for the installation
of approximately 1,386 linear feet of steel sheet pile bulkhead along the Neches River located in
Beaumont’s Riverfront Park.
FUNDING SOURCE
Grant Funding.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a Subgrant
Reimbursement Contract with the Texas Commission on Environmental Quality (TCEQ)
under the RESTORE Program to receive financial assistance for portions of the Riverfront
Park Restoration Project in the amount of $5,400,000.00.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
Texas Commission on Environmental Quality Page 1 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Texas Commission on Environmental Quality Subgrant
Reimbursement Contract (“Contract”)
CONTRACT SIGNATURE PAGE
Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Performing Party: City of Beaumont
Performing Party Identification Number: 1-7460002789
Maximum Authorized Reimbursement: $5,400,000.00 (Not to Exceed Amount)
Effective Date: Date of last signature
Expiration Date: 08/31/2025 Last day of Fiscal Year in which the Contract was signed If
checked, this Contract requires matching funds. Match Requirement: N/A
If checked, this Contract is funded with federal funds.
CFDA Number: 87.052 UEI Number: JELUBU1G59Z9
Federal Grant Number: GNSSP22TX0035-01-01
This Contract is entered under: Gov’t Code ch. 771 Gov’t Code ch. 791 Water Code § 5.124
The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and City of Beaumont, a political subdivision
of the State of Texas, enter this agreement (Contract) to cooperatively conduct authorized governmental functions and activities under the
laws of the State of Texas and applicable federal laws.
The Parties agree as follows: (a) to be effective, the Contract must be signed by an authorized official of the TCEQ and the Performing Party;
(b) this Contract consists of all documents specified in the list of Contract Documents following this page; and (c) as authorized by TCEQ,
Performing Party will conduct Contract Activities as part of its own authorized organizational functions and TCEQ will reimburse
Allowable Costs subject to the Uniform Guidance, 2 CFR Part 200 (Uniform Guidance) and this Contract.
Texas Commission on Environmental Quality City of Beaumont
(TCEQ) (Performing Party)
Authorized Signature Authorized Signature
Steve Schar
Printed Name Printed Name
Chief of Staff
Title Title
Date Date
Procurements & Contract Representative
Aaron Stoke, CTCM, CTCD
Printed Name
Date
Texas Commission on Environmental Quality Page 2 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
CONTRACT DOCUMENTS LIST
This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this
page and marked by an “X.” Documents on this list include all amendments. In this Contract, the
Contract may be referred to as: “Contract,” “Agreement,” “Grant Agreement,” “Subgrant Contract,” or
“Subgrant.” The term “Award” does not refer to this Contract but to the federal RESTORE Award, and
any amended awards issued to the TCEQ and included as Attachment L hereto. The Contract includes
all of the Contract Documents. In the event of a conflict of terms, the Contract Documents as amended
control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if
any. All Contract provisions, however, are subject to control by the latest amendment and most specific
provision and by the applicable state and federal laws, rules and regulations.
Contract Signature Page
Contract Documents List (this page)
Federal Section (Including Attachment I and Completed Forms) Special
Terms and Conditions
RESTORE Program Terms and Conditions
Subgrant Activities (including Project Statement – Attachment A) General
Terms and Conditions
Attachments:
Attachment A: Project Statement
Attachment B: Estimated Subgrant Budget Attachment
C: TCEQ Financial Status Report (FSR)
Attachment D: Final Waiver and Release of Claims
Attachment E: Federal Funding Accountability and Transparency Act (FFATA) Reporting
Form
Attachment F: RESTORE Act Spill Impact Component Certifications Attachment G:
Disclosure of Lobbying Activities Form (SF-LLL) and instructions
Attachment H: Performance Report (SF–PPR) – RESTORE Council
Attachment I: Restore Council Financial Assistance Standard Terms and Conditions
(August 2015)
Attachment J: Reserved
Attachment K: Reporting Requirements (Attachment K identifies certain attachments
included in this list which must be used to comply with reporting
requirements)
Attachment L: Financial Assistance Award
Attachment M: RESTORE Act Milestones Report – RESTORE Council
Attachment N: Assurances – Construction
Attachment O: RESTORE Act Metrics Report – RESTORE Council
Attachment P: Covenant of Purpose, Use and Ownership
Texas Commission on Environmental Quality Page 3 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
FEDERAL TERMS AND CONDITIONS
[SEE ATTACHMENT I]
This Grant Award is funded by a Federal Financial Assistance Award from the GULF COAST
ECOSYSTEM RESTORATION COUNCIL (“RESTORE Council” or “Council”) under ID
Number GNSSP22TX0035-01-01. TCEQ as recipient, and City of Beaumont as subrecipient, must follow all
applicable requirements of 2 CFR Part 200 and of Financial Assistance Award No. ID Number
GNSSP22TX0035-01-01, which includes the Restore Council Financial Assistance Standard Terms and
Conditions (August 2015) attached to this Subgrant Contract on the following pages, which includes the
Restore Council Financial Assistance Standard Terms and Conditions (August 2015) attached to this
Subgrant Contract on the following pages. Performing Party must follow all requirements which apply to
subrecipients on their face and also must provide all information and perform all activities necessary to enable
TCEQ to meet its own requirements as recipient.
Texas Commission on Environmental Quality Page 4 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
SPECIAL TERMS AND CONDITIONS
These Special Terms and Conditions add to, or in the case of conflicts, supersede and take precedence
over the RESTORE Program Terms and Conditions and General Terms and Conditions set forth in this
Subgrant Contract (except for Restore Council Financial Assistance Standard Terms and Conditions
(August 2015) which shall take precedence).
1. Estimated Useful Life. An Estimated Useful Life (EUL) must be established for expenditures
under this Subgrant Contract which Performing Party characterizes as a capitalized asset in
accordance with Performing Party’s established accounting methods.
2. Performing Party and any lower tier contractors must not commence construction until
Council has provided written permission to commence construction. If construction is
commenced before receiving permission from Council, Performing Party and its contractors
proceed at their own risk and might not be reimbursed for costs incurred. TCEQ will provide
Council with a written request to commence with the required information to Council.
Performing Party must provide the required information to TCEQ after the contractor
performing the construction is selected and at least 45 calendar days before construction
begins.
3. Insurance. Performing Party shall require all contractors and subcontractors providing work to
complete the Project to maintain necessary liability and property insurance during all times
from the start of construction to completion. Upon request, Performing Party shall produce to
TCEQ evidence of insurance coverage including certificates of insurance; declaration pages;
insurance policies; and other related insurance documents.
4. Prevailing Wage Rates. If applicable, Performing Party, and its contractors and subcontractors,
must comply with all requirements under Texas Government Code Chapter 2258 regarding
prevailing wage rates. Performing Party shall include language in its contracts that flow down
applicable requirements of Texas Government Code Chapter 2258.
5. Flow Down Requirements. Performing Party must ensure that all contracts include provisions
that flow down all applicable Federal Terms and Conditions of the Award to TCEQ (Restore
Council Financial Assistance Standard Terms and Conditions (August 2015)).
6. Reimbursement Requests. The following information must be provided with all reimbursement
requests.
a. Documentation which evidences work performed during the billing period for which
costs are being requested in the invoice. The documentation should also include
evidence of payments and/or drawdowns of advanced payments for the work being
invoiced. The documentation should also include copies of release of claims for work
being invoiced and paid.
7. The Federal Conditions (Attachment I) are also referred to as "Restore Council Financial
Assistance Standard Terms and Conditions (August 2015)." Either title may be used
interchangeably.
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8. Data and Quality.
The following provisions replace the DATA AND QUALITY provision (Article 9) of the
General Terms and Conditions:
9.1 Quality and Acceptance. Recipient shall ensure that all activities performed under this
Subgrant Agreement are complete and satisfactory, and shall ensure that commercially
reasonable quality and acceptance criteria, and materials and equipment handling
requirements, are included in all contracts for performance of work funded by this Subgrant
Agreement.
9.2 Quality Assurance. Recipient shall make available to TCEQ and Council, upon request, any
Quality Assurance Project Plan (QAPP) prepared by recipient or its subrecipients or
contractors for work and activities to be performed under this Subgrant Agreement. If any
work performed under this Contract involves the acquisition of environmental data that is
expected to be used for any program listed in Appendix A of the TCEQ Quality
Management Plan (QMP) as it may be from time to time amended, that work must be
performed in accordance with a QAPP that meets all applicable EPA quality assurance
requirements. The TCEQ QMP is updated annually. The latest version of TCEQ QMP is
available upon request from TCEQ.
9.3 Best Available Science. Each activity funded under this agreement that protects or
restores natural resources must be based on the best available science, as that term is
defined in 31 C.F.R. Part 34.
9.4 Laboratory Accreditation. If any laboratory data or analyses provided under this Contract is
subject to 30 Texas Administrative Code Section 25.4, it must be prepared by a laboratory
that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25,
subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory
exceptions specified in 30 Texas Administrative Code Section 25.6. However, the parties do
not anticipate that any laboratory data and analyses performed under this Subgrant
Agreement will be subject to 20 TAC Section 25.4, and therefore, this requirement shall be
deemed inapplicable unless TCEQ informs Performing Party, in writing and in advance, of
any specific laboratory data or analyses to which this requirement will apply.
9. Environmental Compliance. Subgrantee must identify all environmental issues created by the
project and explain how these have been or will be addressed and resolved. This information, if
applicable, must be provided in Subgrantee’s Work Plan.
10. Compliance with Special Award Conditions and Supplemental Construction Terms. The
programmatic award issued to TCEQ by Council includes a Special Award Conditions (SACs)
and Supplemental Construction Terms (SCs) which are incorporated into the award and made a
part of the award to TCEQ and therefore must be flowed down to Performing Party as
applicable:
10.1 Special Award Conditions. The SACs are set out in the award document included as
Attachment L, including (SAC) #8 which states:
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Contract Number: 582-23-45420
Special Award Condition #8:
8. Non-Federal Subrecipient Share Requirement. The budget under this Amendment
includes project-related costs committed by the non-federal recipient, referred to as the non-
federal share, which are described in the attached budget narrative. The non-federal share is
not a statutory requirement of the RESTORE Act (33 U.S.C. 1321(t) and note), but it is
required to complete the project and has been voluntarily committed by the recipient under
this award and therefore meets the definition of cost share or matching in 2 CFR §200.1.
Under §200.1, non-federal share funding must meet the criteria of §200.306(b). Non-federal
share funding will be used for construction of the bulkhead at Beaumont Riverfront Park.
The non-federal share must be paid out proportionally under the subrecipient agreement
using a predetermined percentage. The predetermined percentage is the amount of the non-
federal share provided under the subrecipient agreement ($2,916,000.00) divided by the
subrecipient’s total project cost ($8,316,000.00), or 35.06%. In addition, the Recipient will
report any non- federal share expenditures throughout the period of performance.
Supplemental Condition SC-2 has been met for the Beaumont Riverfront Park Project.
10.2 Compliance with Supplemental Construction Terms (SCs). Performing party must
comply with all Supplemental Construction Terms (SCs) #1-7, which are included in the
programmatic award (Attachment L).
11. Disposition. In accordance with federal regulations, in the event of Performing Party’s non-
compliance, or in the event that the Property is no longer needed or can no longer serve the
purpose for which it was acquired under this Subgrant Contract, then Performing Party shall
request disposition instructions from TCEQ and Council.
12. Recording of Federal Interest. Performing Party may be required to record a Covenant of
Purpose, Use and Ownership against the Property which includes language set out in
Attachment P, attached.
13. Close Out: Performing Party must submit all final documentation including final invoice(s);
backup for costs requested to be reimbursed; release of claims; final reports (accepted by TCEQ);
inventory of any unused supplies and equipment with a present value over $5,000; project
photographs and as-built plans prior to the 45th calendar day after the subgrant end date
(expiration date). Time is of the essence to comply with this deadline as TCEQ will be required to
meet close out deadlines for the award established by Council.
14. Wherever in the Subgrant Contract there is a reference or requirement to provide a DUNS
number, such reference or requirement should be read to mean a Unique Entity ID (UEI)
Number.
15. Wherever in the Subgrant Contract there is a reference to the term “Contract Manager” such
reference or requirement should be read to mean “Project Manager”.
END OF SPECIAL TERMS AND CONDITIONS
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RESTORE PROGRAM TERMS AND CONDITIONS
These Restore Program Terms and Conditions add to, or in the case of conflicts, supersede and take
precedence over the General Terms and Conditions set forth in this Subgrant Contract (except for
Restore Council Financial Assistance Standard Terms and Conditions (August 2015) which shall
take precedence).
1. FEDERAL FINANCIAL ASSISTANCE AWARD
Performing Party must comply with all conditions applicable to Performing Party as a
subrecipient set out in the Award received from Council, including those set forth in the Federal
Section. All activities and costs under the Subgrant Contract must be eligible in accordance with
the RESTORE Act under 33 U.S.C.
1321(t)(3); the Uniform Guidance (2 CFR Part 200); 31 CFR Part 34 (U. S. Department of the
Treasury Regulations for RESTORE); and all applicable federal and state laws and regulations.
2. BUDGET AND ALLOWABLE COSTS
2.1 Budget
Performing Party must comply with the budget in the Work Plan approved by TCEQ.
The Budget and all amounts set out in line items shall be subject to the Award and its
conditions. In accordance with 2 CFR 200.308(e), Performing Party may transfer funds
among direct cost categories without further approval provided such transfers do not
exceed in the aggregate ten percent (10%) of the total budget. Performing Party must use
the work plan to show all transfers, including those that do not exceed in the aggregate
ten percent (10%) of the total budget. For those proposed transfers that exceed ten
percent (10%) threshold, a request with justification of purpose must accompany the
work plan prior to funds being expended. Approval must be received from TCEQ before
the project can move forward.
2.2 All reimbursed costs must be allowable under the RESTORE Act under 33
U.S.C. 1321(t)(3); the Uniform Guidance (2 CFR Part 200); 31 CFR Part 34 (U. S.
Department of the Treasury Regulations for RESTORE); and all applicable federal and
state laws and regulations.
3. REIMBURSEMENT REQUESTS
3.1. Invoices – Request for Payment
Using Attachment C (Financial Status Report), Performing Party must electronically
submit all invoices in pdf format to the following e-mail address:
RestoreGrants@tceq.texas.gov. The subject line of the email must contain the following
information: 1) Performing Party’s Project Name; 2) FSR; 3) month and year for the FSR
and 4) (last 5 of contract number). (e.g., “Beaumont Riverfront Park – FSR – Sept 2023
(45420)”). The invoice must be legible and shall be in U.S dollars and cents. Performing
Party will invoice TCEQ monthly on the 10th day of each month for reimbursement of the
full amount of TCEQ’s share of the actual costs up to a not to exceed amount of
$5,400,000.00. The actual amount due from TCEQ may be proportionately reduced if the actual
costs are less than Performing Party estimates in the
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Approved Budget from all contributing funding sources. Performing Party shall provide
monthly invoices which are due on the 10th of each month.
3.2. Invoices must also include: Backup documentation for Performing Party and subcontractor
costs. Invoices should include only requests for reimbursement of costs of work performed
which is readily identified in the FSR.
3.3. Supporting Documentation
Performing Party will establish and maintain records of costs in accordance with the
Uniform Grant Guidance (2 CFR Part 200) and generally accepted accounting principles and
practices. With each invoice, Performing Party will submit, in a format acceptable to TCEQ,
an itemized breakdown of costs, together with supporting documentation. Reimbursable
items in the invoice must have corresponding copies of receipts with dates, prices, and item
descriptions clearly legible in order for payment to be rendered, including copies of utility
bills, repair part receipts, hotel receipts (credit card receipt and hotel receipt), meal receipts,
and airline tickets.
3.4. Legibility and Organization
If a receipt is not legible, TCEQ may request additional information, disallow the amount, or
reject the invoice. Each group of receipts must be separated by a tally sheet itemizing each
receipt with a total. (For example, all hotel receipts are grouped together with a tally sheet
itemizing each receipt.) Please note that this requirement is designed to expedite payment to
the Performing Party.
3.5. Release of Claims
As a condition to final payment or settlement, or both, Performing Party shall complete and
deliver to TCEQ a release of all claims against the TCEQ with the final invoice. Performing
Party shall use the form provided under Attachment D for the Release of Claims.
4. MAXIMUM AUTHORIZED REIMBURSEMENT AMOUNT
This Subgrant Contract has been authorized by TCEQ management up through the Maximum
Authorized Reimbursement shown on the Contract Signature Page. Total TCEQ expenditures under
this Subgrant Contract may not exceed the Maximum Authorized Reimbursement over the entire
term of the Subgrant Contract, unless this Subgrant Contract is amended in writing in accordance
with the terms of this Subgrant Contract.
5. AUTHORITY FOR INDIRECT RATES
If applicable, Performing Party must comply with the Uniform Grant Guidance (2 CFR Part 200)
relating to indirect cost rates and provide TCEQ with a copy of their approval letter from the
appropriate cognizant federal agency.
6. GRANTEE PERFORMANCE EVALUATION
Performance evaluations are a part of the TCEQ review of the Performing Party and may be a factor
in the selection of future grants. The TCEQ may provide this information to state agencies and
others. Performing Party consents to the disclosure of any information or opinion in the evaluations,
excluding any
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protected personally identifiable information (PII) or confidential information described under
Article 9 (Public Information Act) below.
7. RESERVED
8. PUBLICITY AND REPORTING
8.1. Performing Party agrees to notify TCEQ five (5) days prior to the publication or
advertisement of information related to this Subgrant Contract or activities performed or
funded under it, and to promptly inform TCEQ prior to release to the news media of
information related to this Subgrant Contract or activities performed or funded under it.
Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement
or endorsement without written permission signed by the appropriate TCEQ authority.
8.2. Any publication related to work funded under this Agreement shall include the following
notice:
The [report, presentation, video, etc.] and all associated data and related items of
information were prepared by [recipient name] under Award No. [number] from the Gulf
Coast Ecosystem Restoration Council (RESTORE Council). The data, statements,
findings, conclusions, and recommendations are those of the author[s] and do not
necessarily reflect any determinations, views, or policies of the TCEQ or the RESTORE
Council.
9. PUBLIC INFORMATION ACT
Documents and records created in connection with this Subgrant Agreement or activities funded
under it are governed by the Texas Public Information Act (PIA) and may be subject to public
release under the PIA, regardless of whether they are created by the TCEQ, Performing Party, or (in
most cases) by a subrecipient, or (in some cases) by a subcontractor.
Each party that receives a public information request for records in its possession is responsible for
complying with the PIA. In order to maximize consistency and cooperation between themselves,
Performing Party and TCEQ agree that in following the requirements of the PIA, each will use its
best efforts to honor the following requirements:
For records in the possession of TCEQ. Performing Party agrees that TCEQ shall have the
discretion to determine whether information in its possession should be released or whether an
exception should be pursued from the Texas Attorney General. If Performing Party submits
information to TCEQ which it believes is subject to a PIA exception and should not be released, it
shall mark each page of such information with “CONFIDENTIAL; INFORM PERFORMING
PARTY AND SEEK OAG OPINION PRIOR TO RELEASE” or a similar statement.
For records in the possession of Performing Party or a subrecipient. If Performing Party or a
subrecipient receives a PIA Request, it shall inform the TCEQ (and any awarding agency through
whom funds from the TCEQ have passed) of the request in a timely manner sufficient to permit
TCEQ to make an argument of confidentiality to be made to the Office of the Attorney General if
TCEQ believes an exception to disclosure should be made.
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For records in the possession of a contractor or subcontractor. If a contractor or subcontractor of
Performing Party receives a PIA Request, Performing Party shall require its contractor or
subcontractor to immediately transfer to the Performing Party (or subrecipient with whom it is in a
contractual relationship) a copy of the request and all documents which are responsive to the request.
Performing Party shall ensure that its contracts set out language to enforce these requirements.
10. OTHER FUNDING SOURCES
If Performing Party or a subrecipient receives funding from sources (including public or private
entities) other than this Subgrant Contract and uses those funds to supplement funding for projects
being funded using Subgrant Contract funds, then Performing Party must disclose such funding as
early as possible and in any case prior to making financial commitments or expenditures using those
funds. In accepting or expending those funds, Performing Party must avoid duplication of effort and
conflicts of interest.
If Performing Party or a subrecipient anticipates or reasonably should anticipate that acceptance or
expenditure of those funds might lead to an actual or apparent duplication of effort or conflict of
interest, Performing Party shall promptly notify TCEQ. Without prejudice to TCEQ’s rights to do so
under other provisions of this Subgrant Contract, TCEQ may impose additional requirements under
this Subgrant Contract, or suspend or terminate all or a portion of this Subgrant Contract, if in
TCEQ’s judgment it is necessary to prevent duplication of effort or conflict of interest. To the extent
possible (depending in part on the amount of notice given to TCEQ of the potential duplication or
conflict), TCEQ will provide Performing Party reasonable notice of its intended action, and in any
event will use its best efforts to inform Performing Party of its intended action before Performing
Party has made any commitment involving the acceptance or expenditure of those funds.
Without prejudice to the legal and contractual rights of federal or state auditors (including TCEQ
auditors and contract management staff) to review records related to this Subgrant Contract, the
parties acknowledge their intent that this provision apply to funds used to pay expenditures directly
related to Subgrant Activities (including capital acquisitions) funded through this Subgrant Contract.
Performing Party must identify payments of all project costs, including payments using funds other
than RESTORE funds. TCEQ must be able to track the payment of all funds in addition to
RESTORE funds, as required by Council.
11. CONTINUING OBLIGATIONS
Performing Party must cooperate with TCEQ in complying with all continuing reporting obligations
of Council for the Award, including yearly data report submissions, status or real property reports at
determined multi-year frequencies and other reporting requirements of Council. See Attachment K
for reporting requirements.
12. BONDS
Performing Party shall ensure that all required bid, payment and performance bonds have been
secured for the work performed.
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13. REPORTS/MEETINGS
Performing Party shall provide TCEQ with a monthly Performance Report (Attachment H) and a
quarterly Milestones Report (Attachment M) and quarterly Metrics Report (Attachment O) in
accordance with requirements set out in Bucket 3 Reporting Requirements (Attachment K).
Upon reasonable notice by TCEQ, Performing Party shall attend meetings with TCEQ staff to
discuss the progress of the project and other issues relating to the Subgrant Contract or
reimbursement of costs.
14. RECORDING FEDERAL INTEREST
Council may require a recorded federal interest as defined in 2 CFR 200.1 in any capital asset
(including equipment or real property) purchased, in part or in whole, with RESTORE Act funds or
monies and shall have a right to recover the federal interest from Performing Party in the event of
noncompliance in accordance with 2 CFR 200.339. If the capital asset is real property or an
improvement to real property (“the Property”), then Performing Party must record a Covenant of
Purpose Use, and Ownership (Covenant) against the Property which includes language set out in
Attachment P, attached.
15. RETURN OF GRANT FUNDS
TCEQ’s subaward to Performing Party is conditioned upon Performing Party’s compliance with the
terms and conditions of the subaward, including applicable federal terms and conditions. TCEQ, as
the recipient of the federal award, must flow down obligations in the federal award to any
subrecipient and ensure compliance. By accepting this subaward, Performing Party acknowledges
these conditions and accepts these obligations, including providing TCEQ and Council reasonable
access to conduct an audit. Performing Party further acknowledges that payments made to
Performing Party are conditioned upon compliance with terms and conditions of the subaward and
subject to TCEQ’s and Council’s right to require the return of funds based upon the results of an
audit.
16. CHANGES IN TOTAL PROJECT COSTS
16.1. Decrease in Total Project Costs. If the actual Total Project Costs are less than the Estimated
Total Project Costs stated in the approved Work Plan Budget, the Parties may amend the
Contract to reflect the decrease. If required by the award, the amended amount may include a
re-allocation of the final Reimbursement Costs determined by a percentage basis that is equal
to or less than the percentage for RESTORE funds originally budgeted. By way of example, if
RESTORE funds make up 20% of the original Total Project Budget of $1,000,000 requiring
RESTORE funds to be paid out in the amount of $200,000 and the actual Total Project costs
were only $800,000 (decrease), then RESTORE funds would have a corresponding decrease
to $160,000 as Reimbursement Costs of the actual Total Project Costs.
16.2. Increase in Total Project Costs. If Performing Party cannot complete the project for the
amount stated in the approved Work Plan Budget amount, the Parties may amend the Contract
to 1) modify or reduce the scope of the grant activities or 2) amend the approved Work Plan
Budget to allocate additional funds (other than RESTORE funds). In no event shall TCEQ be
required to
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reimburse costs in excess of the approved Work Plan Budget amount unless approved in writing by
TCEQ and Council.
17. RECORDS, ACCESS AND AUDIT
17.1. The Federal Government and its agencies will have the same rights of access to records as
are granted to, assigned to, or reserved by the TCEQ under this Contract. The Performing
Party shall maintain fiscal records and supporting documentation for all expenditures of
funds pursuant to 2 CFR Part 200, Subparts D and F, as appropriate.
17.2. In accordance 2 CFR 200.501(a), the Performing Party shall obtain a single audit if it
expends $750,000 or more a year in federal awards.
17.3. Performing Party must immediately notify the TCEQ of any audit findings specifically related
to this award and provide the TCEQ a copy of such findings within three (3) business days
after issuance. By submitting an invoice, Financial Status Report, or other financial reporting
documentation, Performing Party certifies that it did not receive any audit findings
specifically related to this award during the invoicing/reporting period, except for such audit
findings Performing Party already provided notice of in accordance with this Section.
18. MISCELLANEOUS FLOW DOWN PROVISIONS
Performing Party must comply with all award requirements which include clauses that address the
areas set out below. If the language in the award has a material different legal effect than the
following, the award language shall prevail.
18.1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
18.2. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of
$2,000 awarded by non-Federal entities must include a provision for compliance with the
Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of
Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction”). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The non-
Federal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract must
be conditioned upon the acceptance of the wage determination. The non-Federal
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entity must report all suspected or reported violations to the Federal awarding agency. The
contracts must also include a provision for compliance with the Copeland “Anti-Kickback”
Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
“Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States”). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled. The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency.
18.3. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the non-Federal entity in excess of
$100,000 that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be
required to compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
18.4. Federal Funding Accountability and Transparency Act (FFATA) Reporting
18.4.1. In accordance with 2 CFR Part 25, entities that receive subawards from TCEQ that
are funded wholly or partially with federal funds must (1) be registered in the
System for Award Management (SAM) https://sam.gov/content/home prior to
submitting an application or plan or entering into an agreement; (2) maintain an
active System for Award Management (SAM) registration with current information
at all times while the application or plan is under consideration by TCEQ or during
the term of the agreement; and (3) provide its Unique Entity Identity (UEI) number
in each application or plan it submits to TCEQ, unless an exemption applies.
18.4.2. No funds may be received or awarded until Performing Party has complied with
these requirements and provided a valid UEI number.
18.4.3. Additionally, in accordance with 2 CFR Part 170, if certain elements are met,
Performing Party must report the total compensation for each of its five most
highly compensated executives for the preceding completed fiscal year.
18.4.4. These elements are found on the TCEQ Federal Funding Accountability and
Transparency Act Reporting Form (Attachment
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E), which must be completed and provided to TCEQ no later than the Performing Party’s
date of signature on this agreement.
18.5. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR § 401.2(a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the recipient or subrecipient must comply with
the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency.
18.6. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non-Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA).
18.7 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3
CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
18.8 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier, up to the non-Federal award.
18.9 Procurement of Recovered Materials. If Performing Party is a state agency or agency of a
political subdivision of a state, Performing Party and its contractors must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247
that contain the highest percentage of recovered materials practicable,
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consistent with maintaining a satisfactory level of competition, where the purchase price of
the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
18.10 Prohibition on Use of Federal Funds for Lobbying and Litigation. The
Performing Party agrees to comply with Title 31 CFR Part 21, New Restrictions on
Lobbying. The Performing Party agrees that none of the
funds paid under this Contract will be used to engage in the lobbying of the Federal
Government in connection with obtaining any federal contract, grant, or other award, or in
litigation against the United States unless authorized under existing law.
The Performing Party shall submit to the TCEQ the Certification Regarding Lobbying form
and if applicable, the Disclosure of Lobbying Activities form. The Performing Party must
file a disclosure form at the end of each calendar quarter in which there occurs any event that
requires disclosure or that materially affects the accuracy of the information contained in any
disclosure form previously filed.
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a
prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or
lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such expenditure.
18.10.1 Attachment F – Certification Form. Complete and return with signed Contract.
This Form contains certifications required by Council as part of RESTORE funding.
The certification includes the prohibition of the use of Federal appropriated funds in
connection with lobbying. If at any time during the course of the Subgrant Contract
Performing Party has any federal lobbying to report, Performing Party must provide a
Disclosure Regarding Lobbying Form (SF-LLL) to the TCEQ Project Representative,
with quarterly updates. See, Attachment G.
19. Project Assurances. TCEQ, as part of the application process for the award to fund
Subgrantee’s project, was required to provide Council certain assurances regarding Subgrantee’s
project. TCEQ is flowing these same assurances down to Subgrantee as a requirement of the
Subgrant Contract. This assurances document is attached as Attachment N, titled: Assurances –
Construction. Attachment N must be signed by an authorized official and returned with the
signed Contract.
20. Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment. The Performing Party is prohibited from: (1) obtaining or expending grant funds to
procure or obtain the covered technology directly (per 2 CFR § 200.216(a)(1)); and (2) using
grant funds to enter into contracts or subawards (or extend or renew contracts or subawards) with
entities that use or provide covered telecommunications equipment or services as described in 2
CFR § 200.216 and Public Law 115-232, Section 889. This prohibition includes in-kind
contributions. This provision is subject to the exceptions provided in
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Contract Number: 582-23-45420
Public Law 115-232, Section 889. This clause must be included in any contract or subaward
entered by Performing Party.
21. Domestic Preferences for Procurements. In accordance with 2 CFR 200.322, and to the
maximum extent practicable, appropriate, and consistent with applicable law, Performing
Party will provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this provision must be
included in all subawards, contracts, and purchase orders for work or products funded by this
award.
22. Religious Liberty. Ensure, for states and other public recipients, that subawards are not
conditioned in a manner that would disadvantage applicants for subawards based on their
religious character.
END OF RESTORE PROGRAM TERMS AND CONDITIONS
Texas Commission on Environmental Quality Page 17 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
SUBGRANT ACTIVITIES
I. Background
Enacted in July 2012, the RESTORE Act dedicates eighty percent (80 %) of certain Clean Water Act
administrative and civil penalties related to the Deepwater Horizon oil spill to a Gulf Coast Restoration
Trust Fund (RTF) and outlines a structure by which the funds can be utilized to restore and protect the
natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and
economy of the Gulf Coast region. In order to carry out certain functions of the RESTORE Act, the
Council is responsible for the administration of funds allocated to Gulf Coast States for eligible activities
identified under 33 U.S.C. 1321(t)(3). As a condition of receiving funding, recipients and their
subrecipients must meet requirements imposed by Council to ensure that funds will be used in
accordance with the applicable provisions under the RESTORE Act.
An amendment to the Texas State Expenditure Plan (SEP) was approved by the RESTORE Council to
secure grant funds to support projects that address restoration needs resulting from damages from
Hurricane Harvey. Former TCEQ Executive Director, Toby Baker, and his fellow RESTORE Council
members worked collaboratively with staff from the Office of the Governor (OOG), as well as
representatives from the Commission to Rebuild Texas (CRT), to select the final projects from a CRT-
provided master list to receive RESTORE Bucket 3 grant funds.
The master list includes projects that met the following eligibility requirements, including, 1) location of a
project – a RESTORE eligible county and the county was included in the disaster declaration for
Hurricane Harvey (14 counties); 2) projects that address, as a primary eligible activity, one of the
programmatic areas in the SEP; and 3) entity is eligible to receive a direct grant award from TCEQ as
listed in the 2020 SEP Amendment (state agencies, cities, counties and navigation districts).
II. Federal Financial Assistance Award
The Council issued a Financial Assistance Award ID number GNSSP22TX0035-01-01 (“Amended
Award”), with a grant period beginning May 22, 2023, awarding funding for the Shoreline Beach &
Restoration (SBR) Program. Funds included in this program award, $23,680,000.00, will be used to
implement the Beaumont Riverfront Park project (“Project”). The amount included for the Project
is an amount not to exceed $5,400,000.00 (see Attachment A-1 of the Award). The terms and
conditions of the Award are fully incorporated into this Subgrant Contract by this reference and
shall be binding upon the Performing Party as conditions for receiving funds under the Subgrant
Contract. The Award to TCEQ is not a Research and Development award.
III. Subgrant Purpose
The purpose of this Subgrant Contract is to implement the purposes of the federal Award to TCEQ.
The scope of work for this project will include the installation of approximately 1,386 linear feet of steel sheet
pile bulkhead along the Neches River located in Beaumont Riverfront Park.
A more detailed description of the project is set out in Attachment A (Project Statement).
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Contract Number: 582-23-45420
IV. Responsibilities of the Parties
A. TCEQ Responsibilities
1. Council has awarded TCEQ a grant to fund Performing Party’s Project (“Award”). TCEQ
will notify Performing Party of Council’s Award and any conditions of the Award,
including subsequent amendments. TCEQ’s responsibilities in the Subgrant Contract to
Performing Party are fully contingent upon the continuance of Council’s Award and further
subject to any and all Award conditions.
2. TCEQ will review the Performing Party’s submitted Work Plan(s) (see below in Section
IV.B.9.) and approve or provide reasons for its non-approval. Unless otherwise approved by
TCEQ in writing, Performing Party may not commence any work until TCEQ has approved
Performing Party’s Work Plan. Performing Party’s Work Plan, including any amendments,
approved by TCEQ shall become a Subgrant Contract Document and incorporated into the
Subgrant Contract by this reference.
3. TCEQ, as the grantor, will reimburse Performing Party up to the amount of funds awarded
by Council for the Project (“Reimbursement Costs”), for work described in the Project
Statement (Attachment A) and Approved Work Plan. Reimbursement Costs for the Project
have been set at amount not to exceed
$5,400,000.00 (Five Million Four Hundred Thousand Dollars) of the total Project Costs.
TCEQ’s responsibility to reimburse Performing Party is contingent upon Performing Party’s
compliance with the obligations under the Subgrant Contract, including all Award
conditions.
4. TCEQ will notify Performing Party of all approvals by Council required as part of
Council’s process. TCEQ will provide Council with a written request for permission to
commence construction. Before Council will provide permission to commence
construction, Council must determine that the award of all contracts complies with the
scope of the project and all terms and conditions of the Award, and all necessary permits
have been obtained.
5. TCEQ will request payment from Council for Reimbursement Costs in order to meet the
funding requirements and in accordance with funding procedures to be agreed to by the
Parties upon approval of the Work Plan(s).
6. TCEQ will monitor and oversee Performing Party’s compliance with requirements of the
Subgrant Contract, including reviewing deliverables; reviewing reports; requiring proper
documentation of reimbursed costs; performing site visits; and reporting to Council. TCEQ
may utilize a contractor(s) to perform monitoring services. In such cases, Performing Party
shall provide TCEQ contractors access and provide necessary cooperation and coordination.
B. Performing Party Responsibilities
1. Performing Party must perform all work in accordance with the terms and conditions of
the Subgrant Contract, including all Award conditions.
2. Contracts. Performing Party, as subgrantee, must enter into written contracts for any
subgrant activity performed as part of this Subgrant Contract. All contracts Performing
Party enters must flow down applicable
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Contract Number: 582-23-45420
Federal Terms and Conditions set out in Attachment I. Contracts must also comply with 2
CFR Part 200, including section 200.326 by including all required contract provisions set out
in Appendix II of Part 200. Performing Party shall, upon request, provide TCEQ with a copy
of all signed contracts for any of the subgrant activities.
3. Procurement Process. Performing Party shall comply with all applicable requirements of
2 CFR Part 200 regarding procurement of goods and services for which reimbursement is
sought under this Subgrant Contract. Performing Party shall have a well-documented
procurement system that meets the applicable requirements of 2 CFR 200.318-200.327.
Performing Party may self-certify its procurement system under 2 CFR 200.325(c).
Performing Party must be able to document that Performing Party’s procurements meet
requirements of 2 CFR Part 200.
4. Remedies. Performing Party must ensure that all contracts for work performed on subgrant
activities under this Subgrant Contract contain sufficient provisions to protect the interests
of TCEQ and Council, including providing necessary remedies to allow for the efficient and
timely return of funds paid for costs later determined to be unallowable.
5. Permits. Performing Party shall be responsible for ensuring that all necessary permits
are obtained from the appropriate regulatory agency required for the completion of all
subgrant activities. All permits and any amendments must be provided to TCEQ as
deliverables for review and comments. Performing Party must provide evidence,
satisfactory to TCEQ and Council, that all federal, state and local permits have been
received which are necessary for the completion of the project.
6. Commencement of Construction. Performing Party shall not commence construction
until after notification from TCEQ that Council has provided permission to commence
construction.
7. Performing Party must be authorized to perform the subgrant activities and shall be
responsible for securing all necessary access agreements from owners of property affected
by work required in the completion of the subgrant activities. Performing Party must, upon
TCEQ’s reasonable request, provide evidence of Performing Party’s compliance with this
section.
8. Performing Party shall be responsible for providing all necessary oversight and monitoring
of its contractors and subcontractors to ensure that all subgrant activities are completed in a
proper and timely manner and within the approved budget amounts.
9. Upon signing the Subgrant Contract, Performing Party must provide TCEQ for review and
approval, a Work Plan(s) that details the process for completing the subgrant activities,
including timeline estimates, milestones and deliverables. Unless otherwise approved by
TCEQ in writing, Performing Party may not commence any work until TCEQ has
approved Performing Party’s Work Plan. The approved Work Plan will amend the
Subgrant Activities (Scope of Work) by providing details, including deliverables with due
dates and construction schedule, among other items listed below. The approved Work Plan
will also amend the Estimated Budget
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by providing details of the estimated costs. The Work Plan shall be incorporated into the
Contract upon TCEQ written approval. Each Work Plan must, at a minimum, include the
following:
a. A detailed narrative on Performing Party’s approach to completing the subgrant
activities (scope of work). The narrative must demonstrate how requirements of the
RESTORE Act and conditions of the Award will be met, particularly how
Performing Party will procure services; monitor the subgrant activities; ensure
environmental compliance and secure necessary permitting. The narrative must also
describe the planned coordination with all necessary parties and government
agencies. The scope of work must address the third-party funding which was
identified in the multiyear implementation plan.
b. A detailed budget of the Total Project Costs. If there are multiple funding sources
that will be received to fund any of the Total Project Costs, Performing Party must
identify all amounts and revenue source (in addition to RESTORE funding) in the
budget regardless of the source in addition to RESTORE funds. The budget must
provide sufficient information to identify how Performing Party arrived at the Total
Project Costs and for TCEQ to determine that costs are allowable under 2 CFR
Section 200.403;
c. A detailed description of an invoicing process acceptable to TCEQ;
d. A Milestone Schedule for completing the subgrant activities. The schedule must
identify all critical path deadlines, including any third- party deadlines;
e. A list of deliverables with due dates;
f. Identify and detail how possible material risks to implementing and maintaining
the project will be addressed;
g. Identify adaptive management plans that are in place to ensure success;
h. A description of Performing Party’s process for ensuring compliance with the
following federal requirements, if applicable:
i. Davis-Bacon Act (40 U.S.C. §§3141-3148);
ii. Copeland “Anti-Kickback” Act (40 U.S.C. §3145);
iii. The Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-332);
and
iv. Goals for Women and Minorities in Construction (41 CFR § 60-4).
Performing Party must describe its process for monitoring contractors and subcontractors
to ensure compliance with these requirements through to project completion.
i. Estimated Useful Life. An Estimated Useful Life (EUL) must be established for
expenditures under this Subgrant Contract which Performing Party characterizes
as a capitalized asset in accordance with Performing Party’s established
accounting methods.
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10. Performing Party must correct the Work Plan(s) in response to TCEQ comments, if any.
Performing Party must notify TCEQ, within a reasonable time but in no case later than 30
days or upon the next required reporting, whichever is earlier, of any substantive changes
in Performing Party’s Work Plan.
11. Performing Party is responsible for coordinating with all parties and government
agencies necessary to complete all subgrant activities.
12. Performing Party must provide TCEQ and Council reasonable access to review Performing
Party’s accounting and procurement systems and records.
13. Upon request after reasonable notice, Performing Party must provide TCEQ and Council
access to conduct site visits of the project. TCEQ may utilize a contractor(s) to perform
monitoring services. In such cases, Performing Party shall provide TCEQ contractors access
and provide necessary cooperation and coordination.
14. For all contracts in excess of $10,000, Performing Party must provide TCEQ with evidence
that Performing Party, and its contractors, complied with all requirements under
Department of Labor regulations set forth in 41 CFR § 60-4, including providing the
necessary notices, clauses and provisions in the solicitations for offers or bids as required
by 41 CFR § 60-4.
15. Performing Party must provide qualified personnel with experience in the administration of
federally financially assisted grant projects. Upon request, Performing Party must provide
TCEQ evidence of these qualifications.
a. If Performing Party contracts for grant administration activities, in whole or in part,
Performing Party must ensure that the contractor has the experience and knowledge
necessary to perform the required grant administration, including proficient
knowledge of all federal requirements under the Grant Contract as well as knowledge
of requirements in 2 CFR Part 200. Upon request, Performing Party must provide
TCEQ with evidence of the contractor’s qualifications for any grant administrative
function contracted by Performing Party. If TCEQ determines that a contractor fails
to have sufficient experience or knowledge, Performing Party must require the
contractor to complete training prior to commencing work on the project. Performing
Party must provide TCEQ with documentation of completion of the required training.
END OF SUBGRANT ACTIVITIES
Texas Commission on Environmental Quality Page 22 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
GENERAL TERMS AND CONDITIONS
1. CONTRACT PERIOD
1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration
Date as provided on the Contract Signature Page. If no Effective Date is provided, the
Effective Date of the Contract is the date of last signature. If no Expiration Date is
provided, the Expiration Date is August 31 of the same Fiscal Year in which the
Contract is signed.
1.2. Amendments. This Contract is not subject to competitive selection requirements and
may be amended by mutual agreement. Except as specifically allowed by the Contract,
all changes to the Contract require a written amendment that is signed by both parties.
1.2.1. Material Changes. Material changes to the Contract require a written amendment
signed by both parties. These amendments take effect when signed by the
Performing Party and TCEQ, unless otherwise designated in the amendment.
Material changes include the following:
1.2.1.1. Changes in the total amount of funds in the Budget or the Contract;
1.2.1.2. Changes to the Contract’s Expiration Date;
1.2.1.3. Changes to the Scope of Work that affect TCEQ’s obligations to the entity
providing funding, such as the United States Environmental Protection
Agency (EPA), another state or federal agency, or the Texas Legislature; and
1.2.1.4. Changes that affect the material obligations of the Performing Party in this
Contract.
1.2.2. Unilateral Amendments. As specifically allowed by the Contract, TCEQ may issue
unilateral amendments. Unilateral amendments take effect when issued by TCEQ.
1.2.3. Minor Changes. The TCEQ Contract Manager and/or the TCEQ Project Manager has
the authority, without a written amendment, to correct typographical errors; make
written Contract interpretations; and make minor, non-material changes to the
requirements in the Scope of Work, the Procedures for Work Orders, or the Work
Orders (including Proposals for Grant Activities); or as agreed to elsewhere in the
Contract. Performing Party must provide TCEQ with a written objection to any
Minor Change no later than five (5) business days from the effective date of the
Minor Change. A copy of the agreed change shall be retained in the appropriate file
by both the Performing Party and TCEQ.
1.2.3.1. Minor, non-material changes include:
1.2.3.1.1. Changes to the schedule in the Scope of Work including an extension
of a deliverable due date, not to exceed the expiration date of the
Contract;
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Contract Number: 582-23-45420
1.2.3.1.2. Changes to the schedule in the Work Order including an extension
of a deliverable due date, not to exceed the expiration date of the
Work Order;
1.2.3.1.3. Changes to the individual tasks/activities in the Scope of Work or Work
Order, if applicable, that do not substantially change the obligations of
the Parties relative to those tasks/activities;
1.2.4. It is the Performing Party’s responsibility to request extensions to the deliverable
schedule and other changes that are within the authority of TCEQ.
1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for
a period of up to 90 days. Unless otherwise indicated in the applicable contract
amendment, an extension does not extend any other deadlines or due dates other than
the expiration of the Contract Period.
2. FUNDS
2.1. Availability of Funds. This Contract and all claims, suits or obligations arising under
or related to this Contract are subject to the receipt and availability of funds
appropriated by the Texas Legislature for the purposes of this Contract or the
respective claim, suit or obligation, as applicable. Performing Party will ensure that
this article is included in any subcontract it awards.
2.2. Maximum Authorized Reimbursement. The total amount of funds provided by
TCEQ for the Contract will not exceed the amount of the Maximum Authorized
Reimbursement, as amended.
2.3. Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be
incurred during the Contract Period and within the time limits applicable to the funds
from which the Contract is being paid. TCEQ is not obligated to extend deadlines to
match the maximum period of the funding.
2.4. Grants. If this Contract was entered under the TCEQ’s authority to award grants, TCEQ
is providing financial assistance to the recipient to undertake its own project.
2.5. No Debt against the State. This Contract is contingent on the continuing appropriation
of funds. This Contract shall not be construed to create debt against the State of Texas.
2.6. Abortion Funding Limitation. Performing Party represents and warrants that payments
made by TCEQ to Performing Party and Performing Party’s receipt of appropriated funds
under the Contract are not prohibited by Article IX, Section 6 of the General
Appropriations Act, nor by Texas Government Code Chapter 2273 Prohibited
Transactions.
2.7. Excluded Parties. Performing Party represents and warrants that it is not listed in the
prohibited vendors lists authorized by Executive Order No. 13224, “Blocking Property
and Prohibiting Transactions with Persons
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Contract Number: 582-23-45420
Who Commit, Threaten to Commit, or Support Terrorism,” published by the United
States Department of the Treasury, Office of Foreign Assets Control. Performing Party
will notify TCEQ if it can no longer make this representation.
2.8. COVID-19 Vaccine Passport Prohibition. Under § 161.0085 of the Texas Health and
Safety Code, Performing Party certifies that it is not ineligible to receive the Contract and
will maintain this certification throughout the term of the Contract.
3. ALLOWABLE COSTS
3.1. Conforming Activities. TCEQ will reimburse the Performing Party for necessary and
reasonable Allowable Costs that are incurred and paid by the Performing Party in
performance of the Scope of Work as authorized by this Contract in the Cost Budget or
Fixed Payment Amounts.
3.2. TxGMS. Allowable Costs are restricted to costs that comply with the Texas Grant
Management Standards (TxGMS) and applicable state and federal rules and law. The
parties agree that all the requirements of TxGMS apply to this Contract, including the
criteria for Allowable Costs. Additional federal requirements apply if this Contract is
funded, in whole or in part, with federal funds.
4. REIMBURSEMENT
4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request
reimbursement for its Allowable Costs incurred in performing the Scope of Work.
Performing Party’s invoice shall conform to all reimbursement requirements
specified by TCEQ.
4.2. Personnel Eligibility List (PEL). If TCEQ will be reimbursing salary or wages,
Performing Party must submit a completed Personnel Eligibility List (PEL) prior to
starting activities under this Contract and an updated PEL with any invoice following
changes to the information provided in the most recent PEL. If a Contract amendment is
necessary due to changes reflected on the PEL, Performing Party must immediately
submit an updated PEL with a request to amend the Contract.
4.3. Level-of-Effort Certification (LEC). Performing Party must submit records to support
reimbursement requests for exempt employee salaries, where costs are determined based
on percentage of the employee’s time performing activities. These records must meet the
Standards for Documentation of Personnel Expenses in TxGMS or 2 CFR § 200.430, as
applicable based on whether state or federal money is used by TCEQ to fund the grant
activities.
If TCEQ determines that the records do not comply with the requirements of TxGMS or
2 CFR § 200.430, the Performing Party will work with TCEQ to bring the level of
certification into compliance. TCEQ may require the Performing Party to complete the
attached Level-of Effort Certification form The LEC form must be completed and
submitted with each invoice, unless otherwise approved by TCEQ in writing.
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Contract Number: 582-23-45420
4.4. Timesheets. The performing Party must retain records of timesheets supporting
reimbursement requests for nonexempt employees, which are maintained as part of
Performing Party’s timekeeping system. Timesheets are not required to be submitted with
each request for reimbursement; however, the Performing Party must make timesheets
available upon request by TCEQ, as necessary for TCEQ to perform its monitoring
requirements and audit purposes.
4.5. Conditional Payments. Reimbursements are conditioned on the Scope of Work being
performed in compliance with the Contract. Performing Party shall return payment to
TCEQ for either overpayment or activities undertaken that are not compliant with the
Scope of Work. This does not limit or waive any other TCEQ remedy.
4.6. No Interest for Delayed Payment. Since the Performing Party is not a vendor of
goods and services within the meaning of Texas Government Code Chapter 2251, no
interest is applicable for any late payments.
4.7. Release of Claims. As a condition to final payment or settlement, or both, the
Performing Party shall execute and deliver to the TCEQ a release of all claims against the
TCEQ for payment under this Contract.
4.8. State Agencies/Institutions of Higher Education. If the Performing Party is a state
agency or institution of higher education, payments must be made via interagency
transaction voucher (ITV); please provide a Recurring Transaction Index (RTI) number
on the face of the invoice. For payments that are to be deposited into a local bank
account, the following statement must be placed on the face of the invoice: “Funds to be
deposited into local bank account.” For additional information, please refer to the Texas
Comptroller’s Accounting Policy Statement (APS) 014.
5. FINANCIAL RECORDS, ACCESS AND AUDITS
5.1. Audit of Funds. The Performing Party understands that acceptance of funds under this
Contract acts as acceptance of the authority of the State Auditor’s Office, or any successor
agency, to conduct an audit or investigation in connection with those funds. Performing Party
further agrees to fully cooperate with the State Auditor’s Office or its successor during any
audit or investigation, including providing all records requested. Performing Party shall
ensure that this clause concerning the audit of funds accepted under this Contract is included
in any subcontract it awards.
5.2. Financial Records. Performing Party shall establish and maintain financial records including
records of costs of the Scope of Work in accordance with generally accepted accounting
practices. Upon request Performing Party shall submit records in support of reimbursement
requests. Performing Party shall allow access during business hours to its financial records by
TCEQ and other state agencies for the purpose of inspection and audit. Financial records
regarding this contract shall be retained for a period of three (3) years after date of
submission of the final reimbursement request.
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6. PERFORMING PARTY’S RESPONSIBILITIES
6.1. Performing Party’s Responsibility for the Scope of Work. Performing Party undertakes
performance of the Scope of Work as its own project and does not act in any capacity on
behalf of the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the
Scope of Work is performed at Performing Party’s sole risk as to the means, methods,
design, processes, procedures, and performance.
6.2. Identification and Flow Down Requirements. Any subaward from this Contract by the
Performing Party to a subgrantee must be clearly identified as a subaward. The Performing
Party must flow down applicable Contract requirements to subgrantees and subcontractors.
6.3. Independent Contractor. The parties agree that the Performing Party is an independent
contractor. Nothing in this Contract shall create an employee- employer relationship between
Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between
TCEQ and the Performing Party.
6.4. Performing Party’s Responsibilities for Subcontractors. All acts and omissions of
subcontractors, suppliers, and other persons and organizations performing or furnishing any
of the Scope of Work under a direct or indirect contract with Performing Party shall be
considered to be the acts and omissions of Performing Party.
6.5. No Third-Party Beneficiary. TCEQ does not exercise any of its rights and powers under the
Contract for the benefit of third parties. Nothing in this Contract shall create a contractual
relationship between TCEQ and any of the Performing Party’s subcontractors, suppliers, or
other persons or organizations with a contractual relationship with the Performing Party.
6.6. Security Requirements. If Performing Party accesses, transmits, uses, or stores TCEQ
data:
1) Performing Party shall meet the security controls specified by TCEQ; and
2) Performing Party must annually provide TCEQ documentation
demonstrating that it meets the specified TCEQ security requirements.
6.7. Cybersecurity Training. Performing Party shall ensure that any Performing Party
representative (employee, officer, or subcontractor personnel) who has Access to a TCEQ
Computer System or Database completes a cybersecurity training program certified by the
Texas Department of Information Resources (DIR) under § 2054.519 of the Texas
Government Code, when the Contract is executed and annually as applicable.
6.7.1. “Access to TCEQ Computer System or Database” means having a TCEQ network user
account or the authorization to maintain, modify, or allow access control to any TCEQ
web page, TCEQ computer system, or TCEQ database.
6.7.2. Within seven (7) days after the execution of the Contract, the Performing shall provide a
list of persons requiring training to the TCEQ Contract Manager, and thereafter provide
an updated list by the first workday of
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any additional person who becomes subject to the cybersecurity training requirements.
For applicable umbrella contracts, Performing Party shall provide a list of any persons
requiring training within seven (7) days of issuance of Notice to Proceed/Commence for
any Work Order that requires Access to a TCEQ Computer System or Database.
6.7.3. If a Performing Party representative has previously completed a DIR- certified
cybersecurity training during a State of Texas fiscal year in which the Contract is
effective, Performing Party shall provide evidence that the Performing Party
representative completed the required training to the TCEQ Contract Manager within
seven (7) days after the execution of the Contract or as applicable, the issuance of a
Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ
Computer System or Database.
6.7.4. For Contracts that have contract periods that exceed a year (extend beyond August 31
of the year in which they are entered), all persons performing Work under the Contract
shall take cybersecurity training renewal each fiscal year after the year in which the
contract becomes effective. By August1st each year, the Performing Party must
provide to the TCEQ Contract Manager either: (1) a list of persons that must complete
cybersecurity training during the upcoming State of Texas Fiscal Year; or (2) provide
evidence that the Performing Party representative completed the required training.
Performing Party shall retain in their records, and upon request, provide the TCEQ
Contract Manager evidence that the training was successfully completed.
6.7.5. TCEQ will provide access to the cybersecurity training program. Performing Party is
responsible for all other costs associated with their representatives completing the
training, including time spent completing the training.
6.7.6. Performing Party shall notify the TCEQ Contract Manager within two (2) business
days when a person with Access to a TCEQ Computer System or Database no longer
needs Access to such Computer System or Database.
6.7.7. TCEQ may terminate the Contract for Cause if Performing Party fails to adhere to any
of the above terms, including completing the required certified cybersecurity training
or notifying the TCEQ Contract Manager when access is no longer needed.
6.7.8. TCEQ may terminate the Contract for Cause if a Performing Party representative
misuses a TCEQ Computer System or Database, including allowing multiple
individuals to utilize a single individual’s TCEQ network user account.
6.8. Prohibited Technologies. Performing Party certifies that Prohibited Technologies will not
be used on any of Performing Party’s or its employees’, contractors’, and subcontractors’
devices including personally-owned devices, if those devices are used to access state-owned
data or information systems. These devices include cell phones, tablets, desktop and laptop
computers, and other internet-capable devices. “Prohibited Technologies”
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Contract Number: 582-23-45420
refers to software, applications, technologies, hardware, and equipment, and any of the
aforementioned items made by the developers or manufacturers on the Prohibited
Technologies list located on the Texas Department of Information Resources’ website at:
https://dir.texas.gov/information- security/prohibited-technologies. In addition to the DIR
list, TCEQ in its sole discretion may designate additional prohibited technologies.
7. TIME AND FORCE MAJEURE
7.1. Time is of the Essence. Performing Party’s timely performance is a material term of this
Contract.
7.2. Delays. Where Performing Party’s performance is delayed, except by Force Majeure or act
of the TCEQ, TCEQ may withhold or suspend reimbursement, terminate the Contract for
cause, or enforce any of its other rights (termination for convenience may be effected even
in case of Force Majeure or act of TCEQ).
7.3. Force Majeure. Force majeure is defined as acts of God, war, fires, explosions, hurricanes,
floods, or other causes that are beyond the reasonable control of either party, could not
reasonably be foreseen, and by the exercise of all reasonable due diligence, is unable to be
overcome by either party. Neither party shall be liable to the other for any failure or delay of
performance of any requirement included in the contract caused by force majeure. Upon
timely notice by the non-performing party, the time for performance shall be extended for a
reasonable period after the causes of delay or failure have been removed provided the non-
performing party exercises all reasonable due diligence to perform. The non-performing
party must provide evidence of any failure resulting in impossibility to perform.
8. CONFLICT OF INTEREST
8.1. Performing Party shall have a policy governing disclosure of actual and potential conflicts
of interests. Specifically, for work performed under this Contract by Performing Party or
any related entity or individual, Performing Party shall promptly disclose in writing to
TCEQ any actual, apparent, or potential conflicts of interest, including but not limited to
disclosure of:
a. Any consulting fees or other compensation paid to employees, officers, agents of
Performing Party, or members of their immediate families, or paid by subcontractor or
subrecipients; or
b. Any organizational conflicts of interest between Performing Party and its subcontractors
or subrecipients under a subaward.
8.2. No entity or individual with any actual, apparent, or potential conflict of interest will take
part in the performance of any portion of the Scope of Work, nor have access to information
regarding any portion of the Scope of Work, without TCEQ’s written consent in the form of
a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine
whether a conflict exists, and that a conflict of interest is grounds for termination of this
Contract.
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9. DATA AND QUALITY
9.1. Quality and Acceptance. All work performed under this Contract must be complete and
satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be
handled in accordance with instructions of the applicable supplier, except as otherwise
provided in the Contract.
9.2. Quality Assurance. All work performed under this Contract that involves the acquisition of
environmental data will be performed in accordance with a TCEQ-approved Quality
Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements.
Environmental data includes any measurements or information that describe environmental
processes, location, or conditions, and ecological or health effects and consequences.
Environmental data includes information collected directly from measurements, produced
from models, and compiled from other sources such as databases or literature. No data
collection or other work covered by this requirement will be implemented prior to
Performing Party’s receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without
prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any
environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if
necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ,
Performing Party’s failure to meet the terms of the QAPP may result in TCEQ’s suspension
of associated activities and non- reimbursement of expenses related to the associated
activities.
9.3. Laboratory Accreditation. Any laboratory data or analyses provided under this Contract
must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas
Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to
allow one of the regulatory exceptions specified in 30 Texas Administrative Code § 25.6.
10. INTELLECTUAL PROPERTY
10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or
waived in a unilateral amendment, Performing Party must obtain all intellectual property
licenses expressly required in the Scope of Work, or incident to the use or possession of any
deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ:
documentation on the use of such intellectual property, and a perpetual, irrevocable,
enterprise-wide license to reproduce, publish, otherwise use, or modify such intellectual
property and associated user documentation, and to authorize others to reproduce, publish,
otherwise use, or modify such intellectual property for TCEQ non-commercial purposes, and
other purposes of the State of Texas.
10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable,
enterprise-wide license to reproduce, publish, modify, or otherwise use for any non-
commercial TCEQ purpose any preexisting intellectual property belonging to the Performing
Party that is incorporated into any new works created as part of the Scope of Work,
intellectual property created under this Contract, and associated user documentation.
Texas Commission on Environmental Quality Page 30 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
11. INSURANCE AND INDEMNIFICATION
11.1 Insurance. Unless prohibited by law, the Performing Party shall require its contractors to
obtain and maintain during the Contract Period adequate insurance coverage sufficient to
protect the Performing Party and the TCEQ from all claims and liability for injury to persons
and for damage to property arising from the Contract. Unless specifically waived by the
TCEQ, sufficient coverage shall include Workers Compensation and Employer’s Liability
Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability
Insurance. Before any Performing Party contractor performs any work at a TCEQ facility,
Performing Party shall provide TCEQ a Certificate of Insurance for the Contractor’s Workers
Compensation and Employer’s Liability Insurance.
11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING
PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT
ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND,
AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR
OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES,
DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE
PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS
SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING
FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM
INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT; OR FROM A
BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS, OR
DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY
OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ.
THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT.
12. TERMINATION
12.1. Termination for Cause. TCEQ may, upon providing 10 days’ written notice and the
opportunity to cure to the Performing Party, terminate this Contract for cause if Performing
Party materially fails to comply with the Contract including any one or more of the
following acts or omissions: nonconforming work, or existence of a conflict of interest.
Termination for cause does not prejudice TCEQ’s other remedies authorized by this Contract
or by law.
12.2. Termination for Convenience. TCEQ may, upon providing 10 days’ written notice to the
Performing Party, terminate this Contract for convenience. Termination shall not prejudice
any other right or remedy of TCEQ or the Performing Party. Performing Party may request
reimbursement for: conforming work and timely, reasonable costs directly attributable to
termination. Performing Party shall not be paid for: work not performed, loss of anticipated
profits or revenue, consequential damages, or other economic loss arising out of or resulting
from the termination.
12.3. If, after termination for cause by TCEQ, it is determined that the Performing Party had not
materially failed to comply with the Contract, the termination shall be deemed to have been
for the convenience of TCEQ.
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Contract Number: 582-23-45420
13. DISPUTES, CLAIMS AND REMEDIES
13.1. Payment as a Release. Neither payment by TCEQ nor any other act or omission other
than an explicit written release, in the form of a unilateral amendment, constitutes a
release of Performing Party from liability under this Contract.
13.2. Schedule of Remedies available to the TCEQ. In accordance with Texas Government
Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the
event of Performing Party’s nonconformance, TCEQ may do one or more of the following:
13.2.1. Issue notice of nonconforming performance;
13.2.2. Reject nonconforming performance and request corrections without charge to the
TCEQ;
13.2.3. Reject a reimbursement request or suspend further payments, or both, pending
accepted revision of the nonconformity;
13.2.4. Suspend all or part of the Contract Activities or payments, or both, pending
accepted revision of the nonconformity;
13.2.5. Demand restitution and recover previous payments where performance is subsequently
determined nonconforming;
13.2.6. Terminate the contract without further obligation for pending or further
payment by the TCEQ and receive restitution of previous payments.
13.3. Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure
its nonconforming performance, if possible under the circumstances.
13.4. Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this
Contract or applicable law does not preclude or limit the exercise of any other remedy
available under this Contract or applicable law.
14. SOVEREIGN IMMUNITY
The parties agree that this Contract does not waive any sovereign immunity to which either party is
entitled by law.
15. SURVIVAL OF OBLIGATIONS
Except where a different period is specified in this Contract or applicable law, all representations,
indemnifications, and warranties made in, required by or given in accordance with the Contract, as well
as all continuing obligations indicated in the Contract, survive for four (4) years beyond the termination
or completion of the Contract, or until four (4) years after the end of a related proceeding. A related
proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative
Hearings proceeding, which is brought in relation to the Contract or which in TCEQ’s opinion is related
to the subject matter of the Contract. Either party shall notify the other of any related proceeding if
notice of the proceeding has not been provided directly to that other party.
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Contract Number: 582-23-45420
16. UNIFORM ASSURANCES
16.1. Uniform Assurances. Performing Party assures compliance with the following uniform
assurances from TxGMS, as applicable to this Contract. Other assurances from TxGMS
may be included elsewhere in this Contract.
16.1.1. Performing Party represents and warrants its compliance with Texas Government
Code Section 2054.5191 relating to the cybersecurity training program for local
government employees who have access to a local government computer system or
database.
16.1.2. Performing Party certifies that it and its principals are not suspended or debarred from
doing business with the state or federal government as listed on the State of Texas
Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the
System for Award Management (SAM) maintained by the General Services
Administration.
16.1.3. Performing Party agrees that any payments due under the Contract shall be applied
towards any debt or delinquency that is owed to the State of Texas.
16.1.4. Performing Party represents and warrants that it will comply with Texas Government
Code Section 2252.906 relating to disclosure protections for certain charitable
organizations, charitable trusts, and private foundations.
16.1.5. In accordance with Texas Government Code Section 669.003, relating to contracting
with the executive head of a state agency, Performing Party certifies that it is not (1) the
executive head of the TCEQ, (2) a person who at any time during the four years before
the date of the Contract was the executive head of the TCEQ, or (3) a person who
employs a current or former executive head of the TCEQ affected by this section.
16.1.6. Performing Party acknowledges and agrees that appropriated funds may not be
expended in the form of a grant to, or contract with, a unit of local government unless the
terms of the grant or contract require that the funds received under the grant or contract
will be expended subject to the limitations and reporting requirements similar to those
provided by the following:
• Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no
requirement for increased salaries for local government employees;
• Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and
• Sections 2113.012 and 2113.101 of the Texas Government Code.
16.1.7. Performing Party represents and warrants that TCEQ’s payments to Performing Party
and Performing Party’s receipt of appropriated or other funds under the Contract are not
prohibited by Texas Government Code Section 556.0055 which restricts lobbying
expenditures.
16.1.8. Performing Party represents and warrants that in the administration of the Contract, it
will comply with all conflict of interest prohibitions and
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Contract Number: 582-23-45420
disclosure requirements required by applicable law, rules, and policies, including Texas Local
Government Code Chapter 176. If circumstances change during the course of the contract or
grant, Performing Party shall promptly notify TCEQ.
16.1.9. Performing Party represents and warrants its compliance with Chapter 551 of the Texas
Government Code which requires all regular, special or called meeting of a governmental
body to be open to the public, except as otherwise provided by law.
16.1.10. Performing Party represents and warrants that it does not perform political polling and
acknowledges that appropriated funds may not be granted to, or expended by, any
entity which performs political polling.
16.1.11. Performing Party certifies that it has not received a final judicial determination finding it
intentionally adopted or enforced a policy that prohibited or discouraged the enforcement
of a public camping ban in an action brought by the Attorney General under Local
Government Code
§364.003. If Performing Party is currently being sued under the provisions of Local
Government Code §364.003, or is sued under this section at any point during the
duration of this grant, Performing Party must immediately disclose the lawsuit and its
current posture to the TCEQ.
16.1.12. Performing Party represents and warrants that it will comply with Texas Government
Code Section 321.022, which requires that suspected fraud and unlawful conduct be
reported to the State Auditor’s Office
17. CONTRACT INTERPRETATION
17.1. Definitions. The word “include” and all forms such as “including” mean “including but
not limited to” in the Contract and in documents issued in accordance with the Contract,
such as Work Orders or Proposals for Grant Activities (PGAs).
17.2. Headings. The headings of the sections contained in this Contract are for convenience
only and do not control or affect the meaning or construction of any provision of this
Contract.
17.3. Delivery of Notice. Notices are deemed to be delivered three (3) working days after
postmarked if sent by U.S. Postal Service certified or registered mail, return receipt
requested. Notices delivered by other means are deemed delivered upon receipt by the
addressee. Routine communications may be made by first class mail, email, or other
commercially accepted means.
17.4. Interpretation of Time. All days are calendar days unless stated otherwise. Days are
counted to exclude the first and include the last day of a period. If the last day of the period
is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation.
17.5. State, Federal Law. This Contract is governed by, and interpreted under the laws of the
State of Texas, as well as applicable federal law.
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17.6. Severability. If any provision of this Contract is found by any court, tribunal, or
administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or
unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity, or
unenforceability) and the remaining part of the provision and the rest of the provisions of
this Contract shall continue in full force and effect. If possible, the severed provision shall
be deemed to have been replaced by a valid provision having as near an effect to that
intended by the severed provision as will be legal and enforceable.
17.7. Assignment. No delegation of the obligations, rights, or interests in the Contract, and no
assignment of payments by Performing Party will be binding on TCEQ without its written
consent, except as restricted by law. No assignment will release or discharge the Performing
Party from any duty or responsibility under the Contract.
17.8. Venue. Performing Party agrees that the Contract is being performed in Jefferson
County, Texas, because this Contract has been performed or administered, or both, in
Jefferson County, Texas. The Performing Party agrees that any cause of action
involving this Contract arises solely in Jefferson County, Texas.
17.9. Publication. Performing Party agrees to notify TCEQ five (5) days prior to the publication
or advertisement of information related to this Contract. Performing Party agrees not to use
the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written
permission signed by the appropriate TCEQ authority.
17.10. Waiver. With the exception of an express, written waiver in the form of a unilateral
amendment signed by TCEQ, no act or omission will constitute a waiver or release of
Performing Party’s obligation to perform conforming Contract Activities. No waiver on
one occasion, whether expressed or implied, shall be construed as a waiver on any other
occasion.
17.11. Compliance with Laws. TCEQ relies on Performing Party to perform all Contract
Activities in conformity with all applicable laws, regulations, and rules and obtain all
necessary permits and licenses.
17.12. Counterparts. This Contract may be signed in any number of copies. Each copy when
signed is deemed an original and each copy constitutes one and the same Contract.
17.13. Accessibility. All electronic content and documents created as deliverables under this
Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code §§
206.50 and 213 for state agency web pages, web content, software, and hardware, unless
TCEQ agrees that exceptions or exemptions apply.
END OF GENERAL TERMS AND CONDITIONS
Texas Commission on Environmental Quality Page 35 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Notices, Project Representatives and Records Location
CONTRACT NO. 582-23-45420 PROJECT TITLE: Beaumont Riverfront Park
Representatives. The individual(s) named below are the representatives of TCEQ and Performing Party. They are authorized to
give and receive communications and directions on behalf of the TCEQ and the Performing Party as indicated below. All
communications including official contract notices must be addressed to the appropriate representative or his or her designee.
Changes in Representatives. Either party may change its representative by providing email notice to the other party’s Contract
Representative.
TCEQ Representatives
TCEQ CONTRACT SPECIALIST TCEQ PROJECT MANAGER
(for Contractual Financial Matters) (for Technical Matters)
Brenda Stott Jessica Ham
RESTORE Contract Specialist RESTORE Grant Specialist
Title Title
Texas Commission on Environmental Quality Texas Commission on Environmental Quality P.O. Box 13087
P.O. Box 13087 MC-173
MC-173 Austin, TX 78711-3087
Austin, TX 78711-3087
Telephone No. (512) 239-6011 Telephone No. (512) 239-0188
Email Add.: Brenda.Stott@tceq.texas.gov Email Add.: Jessica.Ham@tceq.texas.gov
Performing Party Representatives Performing Party Representatives for
Contractual Financial Matters for Technical Matters
Todd Simoneaux Bart Bartkowiak
Chief Financial Officer (CPA) Director of Public Works
Title Title
Beaumont City Hall, City Clerk's Office Beaumont City Hall, City Clerk's Office 801
Main Street, Suite #1251 801 Main Street, Suite #125
Beaumont, Texas 77701 Beaumont, Texas 77701
Telephone No.: (409) 880-3789 Telephone No.: (409) 880-3752
Facsimile No.: (409) 880-3132 Facsimile No.: (409) 880-3732
Email Add.: Todd.Simoneaux@BeaumontTexas.gov Email Add.: Bart.Bartkowiak@BeaumontTexas.gov
Invoice Submittal. Invoices must be submitted to the TCEQ Contract Specialist, unless another recipient is identified
below:
☒ TCEQ Project Manager / ☐ TCEQ Disbursements Section / ☒ Other: RestoreGrants@tceq.texas.gov
Designated Location for Records Access and Review. The Performing Party designates the physical location
indicated below for record access and review pursuant to any applicable provision of this Contract:
Beaumont City Hall, City Clerk's Office 801
Main Street, Suite #125
Beaumont, Texas 77701
Texas Commission on Environmental Quality Page 36 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Attachment A
PROJECT STATEMENT
Texas Commission on Environmental Quality Page 37 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Project Title: Beaumont Riverfront Park
I. Overview of project:
Bank stabilization of the Neches River in Riverfront Park is necessary to repair damages to the park that
were destroyed by record-setting flooding during Hurricane Harvey in 2017. A local contractor will be
employed to stabilize the Neches Riverfront Park by installing approximately 1,386 linear feet of bulkhead.
This activity will benefit the Gulf economy and the natural resources in this project area by helping to
eliminate further excess erosion of the soil along the riverbank. This project will also improve tourism by
allowing access to the green space, which is currently off limits due to safety hazard of erosion along the
riverbank including loss of trees, grasses, and plants. Without access to these natural habitats, birds do not
have the same ability to rest in the area. The ecosystem is further endangered within the river as structures,
concrete sidewalks and damaged bulkheading from Harvey fall into the water as the bank erodes around and
under them. This project is important to the goals and objectives of the Comprehensive Plan because it will
restore and revitalize the Gulf economy ensuring safe public access to the park by hiring a local
construction firm(s) to complete the installation of the bulkhead and safely promote stewardship of the
City’s natural resources.
II. Specific tasks, deliverables and related due dates
Task #1: Construction Activities
Task #1.1: Award of construction contract to Callan Marine, Ltd. per bid specifications by
engineering contractor – Lanier & Associates Consulting Engineers, Inc.
Deliverable: Copy of awarded construction contract Due Date: To
be determined in approved Work Plan
Task #1.2: Site work and demolition activities by Callan Marine, Ltd. Deliverable: Site work
and demolition report
Due Date: To be determined in approved Work Plan
Task #1.3: Installation of steel bulkhead by Callan Marine, Ltd.
Deliverable: Construction as-built drawings
Due Date: To be determined in approved Work Plan
Task #1.4: Construction oversight performed by Lanier & Associates Consulting Engineers, Inc.
Deliverable: Notice of final acceptance and final inspection report and post- construction site
photos
Due Date: To be determined in approved Work Plan
Texas Commission on Environmental Quality Page 38 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Attachment B ESTIMATED
SUBGRANT BUDGET
Texas Commission on Environmental Quality Page 39 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ESTIMATED SUBGRANT BUDGET
1. Budget. Authorized budgeted expenditures under this Contract are as follows:
Categories
RESTORE
($)
FEMA
($)
TDEM
($)
City of
Beaumont
($)
a Personnel
b Fringe Benefits
c Travel
d Construction 5,400,000.00 2,624,400.00 218,700.00 72,900.00
e Equipment
f Supplies
g Other Direct Costs
h Subrecipients
i Contractors/Consultants
j TOTAL Direct Charges 5,400,000.00 2,624,400.00 218,700.00 72,900.00
Enter the federally approved
indirect rate (%) 0% 0% 0% 0%
k Allowable Indirect Charges* 0.00 0.00 0.00 0.00
l TOTALS 5,400,000.00 2,624,400.00 218,700.00 72,900.00
TOTAL FUNDING FROM ALL SOURCES 8,316,000.00
* Note: Where Allowable Indirect Charges are included, a copy of the subrecipient's current Negotiated Indirect
Cost Rate Agreement must be submitted.
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is (N/A)
% of (check one):
salary and fringe benefits modified
total direct costs other direct costs
base
If other direct cost base, identify:
This rate is less than or equal to (check one):
Predetermined Rate—an audited rate that is not subject to adjustment.
Negotiated Predetermined Rate—an experienced-based predetermined rate agreed to by
Performing Party and TCEQ. This rate is not subject to adjustment.
Default rate—a standard rate of ten percent of salary/wages may be used in lieu of determining
the actual indirect costs of the service.
3. Other. If Budget Category “Other” is greater than $25,000 or more than 10% of budget total,
identify the main constituents: N/A
4. Travel. In order to be reimbursable, travel costs must be specifically authorized in advance of the
travel. Travel costs will be reimbursed only in the amount of actual costs, up to the maximum
allowed by law for employees of the State of Texas at the time the cost is incurred.
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Contract Number: 582-23-45420
5. Budget Categories. The Budget Categories above have the definitions, requirements and
limitations stated in 2 CFR Part 200. Construction costs are not reimbursable without prior,
specific written authorization from TCEQ.
6. Budget Control.
a. Cumulative transfers equal to or less than 10% of the Total Budget. Performing Party may
transfer amounts between the approved direct cost budget categories so long as cumulative
transfers from direct cost budget categories during the Contract Period do not exceed ten percent
(10%) of the Total Budget amount. If a direct cost budget category is broken down into direct cost
budget subcategories, Performing Party may transfer funds among direct cost budget
subcategories without further approval provided such transfers do not exceed, in the aggregate,
ten percent (10%) of the total direct cost budget category. Performing Party must timely submit
an amended work plan reflecting the revised budget. Upon approval by TCEQ, the amended work
plan will be incorporated into this Contract as though it is a document revised under General
Term and Condition Section 1.2. The ten percent (10%) limit does not reset with the approval of
each amended work plan. It resets when an amendment is signed by the parties reflecting changes
to the budget.
b. Cumulative transfers greater than 10%. TCEQ must pre-approve in writing all budget
revisions that result in the cumulative transfer from direct cost budget categories of funds greater
than ten percent (10%) of the Total Budget during the Contract Period. If a category contains
subcategories, TCEQ must pre- approve in writing all budget revisions that result in the
cumulative transfer from direct cost budget subcategories of funds greater than ten percent (10%)
of the Total subcategory during the Contract Period. The Performing Party must request to amend
the Contract. A contract amendment is required before Performing Party incurs these costs.
c. Performing Party may not transfer amounts to budget categories containing zero dollars
without TCEQ pre-approval in writing.
7. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be submitted to the
individual named in TCEQ Project Representatives and Records Location at monthly intervals.
Final invoices shall be submitted within forty-five
(45) calendar days after completing the Scope of Work activities. TCEQ may unilaterally
extend this deadline by e-mail.
a. All invoices must be submitted in a format that clearly shows how the budget control
requirement is being met.
8. Supporting Records. Performing Party shall submit records and documentation to TCEQ as
appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without
appropriate supporting documentation. TCEQ has the right to request additional documentation
such as expenses for the invoice period, year-to-date expenses, projected totals for the year (or
applicable contract period), percent of budget spent to date, and percentage of budget projected
to be spent. Performing Party shall maintain records subject to the terms of this Contract.
9. Indirect Costs. Performing Party’s indirect costs will be reimbursed at the reimbursable rate
entered above. If no reimbursable rate is shown above, indirect costs are not reimbursable
under this Contract. The reimbursable rate must be less than or equal to the rate authorized
under 2 CFR Part 200. To the
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Contract Number: 582-23-45420
extent that the reimbursable rate is lower than Performing Party’s actual indirect costs,
Performing Party is contributing its unreimbursed indirect costs to the successful performance of
this Contract, and waives any right it may have to reimbursement of those costs (if this Contract
requires matching funds, Performing Party may claim its unreimbursed indirect costs as part or
all of its match). Performing Party must fund all unreimbursed indirect costs from other funds. It
is the Performing Party’s responsibility to ensure that unreimbursed indirect costs are not charged
to other projects which do not benefit from them, and that it uses funding sources that may be
properly used to fund its unreimbursed costs.
10. Budget Justification.
The amount of the subaward from TCEQ is $5,400,000.00. The Federal share of this subaward is
$5,400,000.00. The non-Federal share of this subaward is $2,916,000.00.
RESTORE funds Contract Total $5,400,000.00
Budget Narrative
Of the total anticipated cost of this project, $8,316,000, this contract provides for
$5,400,000 in RESTORE Bucket 3/SEP grant funding for project implementation to install bulkhead in
Beaumont Riverfront Park, located in Beaumont, Jefferson County, Texas.
Of the total RESTORE grant funding amount of $5,400,000, installation of bulkhead costs will account for
100% of the total funding and will be under the construction object class category. The estimated project cost
has been calculated based on the engineer’s opinion of probable construction cost estimate.
Project-specific Leveraging – Co-funding $2,916,000.00 – Committed
The budget in this contract includes project-related costs committed by the non-federal recipient, referred to as
the non-federal share, which are described in the attached budget narrative. The non-federal share is not a
statutory requirement of the RESTORE Act (33
U.S.C. 1321(t) and note), but it is required to complete the project and has been voluntarily committed by the
recipient under this award and therefore meets the definition of cost share or matching in 2 CFR §200.1. Under
§200.1, non-federal share funding must meet the criteria of §200.306(b). Non-federal share funding will be
used for construction of the bulkhead at Beaumont Riverfront Park. The non-federal share must be paid out
proportionally under the subrecipient agreement using a predetermined percentage. The predetermined
percentage is the amount of the non-federal share provided under the subrecipient agreement ($2,916,000.00)
divided by the subrecipient’s total project cost ($8,316,000.00), or 35.06%. In addition, the Recipient will
report on non-federal share expenditures throughout the period of performance. Estimated costs, consistent
with the Object Class Categories, are detailed as follows.
Personnel $0.00: This project will not have any associated personnel costs.
Fringe Benefits $0.00: This project will not have any associated fringe benefit costs.
Travel $0.00: This project will not have any associated travel-related costs.
Texas Commission on Environmental Quality Page 42 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Construction Total $5,400,000.00
A qualified construction firm will be procured for Harvey disaster recovery services by Request for
Proposals (RFP) from the City. They will be responsible for procuring all materials and fabricating,
coating, and installing approximately 1386± lineal feet of new steel sheet pile bulkhead, including wale
beams and battered (inclined) anchor piles, and bent cap plate for the full length of the wall. All work to be
in accordance with the Project Drawings and as delineated in the Technical Specifications. This item
includes surveying and layout of the new bulkhead, removal of all concrete or debris along the path of the
new bulkhead, providing temporary templates or guides as required to install the bulkhead, all necessary
bolts and other hardware, all welding and weld testing, installation of beams, nelson studs, concrete, drain
lines, cutting the sheet pile at the drain line penetrations and support of Engineer for Pile Driving Analyzer
tests (5% of piles) per the Technical Specifications as described in the Technical Specifications, and in the
Project Drawings and Contract Documents.
The construction contractor will complete a construction completion report once the final inspection
has been completed by the project engineers and will submit to the project manager as part of
completion of the project.
Deliverables for this milestone will include awarded construction contract, site work and
demolition report, construction as-built drawings, notice of final acceptance and final
inspection report, and post-construction site photos.
Equipment $0.00: This project will not have any associated equipment costs.
Supplies $0.00: This project will not have any associated supply costs.
Other Direct Costs $0.00: This project will not have any associated other costs.
Subrecipients $0.00: This project will not have any associated subrecipient costs.
Non-Construction Contractors and Consultants $0.00: This project will not have any associated
non-construction contractor or consultant related costs.
Total Direct Costs $5,400,000.00
Indirect Costs $0.00: This project will not have any associated indirect costs.
Total RESTORE funding request to install bulkhead: $5,400,000.00
Total co-funding (leveraging) provided by FEMA, TDEM, & the City of
Beaumont to install bulkhead: $2,916,000.00
TOTAL BEAUMONT RIVERFRONT PARK PROJECT FUNDING
from all sources (RESTORE, FEMA, TDEM, & the City of Beaumont)
to install bulkhead:
$8,316,000.00
END OF ESTIMATED SUBGRANT BUDGET
TCEQ FoTrm
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END OF PAGE
Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ATTACHMENT C
Texas Commission on Environmental Quality
FINANCIAL STATUS REPORT
1. STATE AGENCY ORGANIZATION UNIT
TO WHICH REPORT IS SUBMITTED: Texas Commission on Environmental Quality (TCEQ)
2. GRANT/CONTRACT TITLE:
3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE
ADDRESS, INCLUDING ZIP CODE):
5. TCEQ CONTRACT NUMBER:
6. FINAL REPORT: YES NO
7. ACCOUNTING BASIS: CASH ACCRUAL
8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT:
FROM TO FROM TO
10. BUDGET CATEGORIES: Approved
Budget ($)
Project Cost
This Report ($)
Cumulative
Project Cost ($)
Balance**
($)
a. Personnel/Salary *
b. Fringe Benefits
c. Travel *
d. Supplies *
e. Equipment *
f. Contractual *
g. Construction *
h. Other *
i. Total Direct Costs (Sum a - h)
j. Indirect Cost
k. Total (sum of i & j)
TCEQ FoTrm
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END OF PAGE
Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
* List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories.
Please attach receipts, as required, in accordance with Attachment B of your contract.
** Negative balances in any of the budget categories should be explained in a brief accompanying narrative.
11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated
obligations are for the purposes set forth in the award document.
Signature of Authorized Certifying Official
Typed or Printed Name and Title
Telephone (Area code, number and ext.) Date Submitted
Texas Commission on Environmental Quality Page 45 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
EQUIPMENT PURCHASES (during this report period)
NUMBER
PURCHASED
ITEM DESCRIPTION
(Should match description provided for approval)
UNIT
COST
TOTAL
COST TASKS
TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form 20248)
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR (NAME) FOR COST
(THIS PERIOD) TASKS
TOTAL CONTRACTUAL EXPENDITURES (must agree with line 10f on Form 20248)
* LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE.
TCEQ Form 20248 Revised (11/2005) - Page 2 of 6
END OF PAGE
Texas Commission on Environmental Quality Page 46 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ITEMIZATION OF CONSTRUCTION COSTS
CONSTRUCTION COSTS (during this report period)
DESCRIPTION PURPOSE COST (THIS PERIOD) TASKS
TOTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 20248)
*LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
TCEQ Form 20248 Revised (11/2005) - Page 3 of 6
END OF PAGE
Texas Commission on Environmental Quality Page 47 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER
PURCHASED
ITEM DESCRIPTION
(Should match description provided for approval)
UNIT
COST
TOTAL
COST TASKS
TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 20248) $ -
OTHER EXPENDITURES (during this report period)
NUMBER
PURCHASED DESCRIPTION
UNIT
COST
TOTAL
COST TASKS
TOTAL OTHER EXPENDITURES (must agree with line 10h on Form 20248) $ -
*LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL
OR EXCEED $500.
TCEQ Form 20248 Revised (11/2005) - Page 4 of 6
END OF PAGE
Texas Commission on Environmental Quality Page 48 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS
PERSONNEL/SALARY EXPENDITURES (during this report period)
EMPLOYEE NAME TITLE/POSITION
SALARY
(THIS PERIOD) TASKS
TOTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 20248)
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION REASON
COST
(THIS PERIOD) TASKS
TOTAL TRAVEL EXPENDITURES (must agree with line 10c on Form 20248)
* SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM
TCEQ Form 20248 Revised (11/2005) - Page 5 of 6
END OF PAGE
Texas Commission on Environmental Quality Page 49 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Financial Status Report Preparation Instructions
1. The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a
completed, legible TCEQ Financial Status Report (TCEQ Form 20248) and any required TCEQ Supplemental 20248 forms. Unless directed
otherwise in the Contract, the PERFORMING PARTY shall submit such payment request documents by not later than twenty-one (21) days
after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters
(September-November; December-February, March-May; June-August). Each Financial Status Report shall indicate, for each budget sub-
category the PERFORMING PARTY’S project expenditures for the period in question, the cumulative expenditures with respect to each
budget sub-category, and the balance remaining in each budget sub-category following reimbursement of the amount being requested. A
quarterly Financial Status Report is required even if no expenses were incurred during the report period.
2. All requests for reimbursement of expenditures that fall within either the “Equipment” or "Contractual” categories of the Contracts Cost Budget
shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified with respect to the major tasks or objectives,
set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each
reimbursable cost listed on Supplemental Form 20248-1, legible documentation that (1) serves to further identify the specific piece of
equipment received or the services provided, (2) clearly identifies the vendor or subcontractor who provided the equipment or services, and (3)
that confirms the reimbursable amount listed on the form. In the case of equipment purchases, the attached documentation shall be either a
purchase order marked “received/paid” or a vendor-submitted invoice similarly marked. In the case of subcontractor provided services, the
documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any “past due” amount from
previous invoices.
3. All requests under this Contract for the reimbursement of expenditures that fall within the “Construction” category of the Contracts Cost Budget
shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with respect to the major tasks or objectives,
set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each
reimbursable cost listed on Supplemental Form 20248-2, legible documentation that (1) serves to further identify the specific cost, (2) clearly
identifies the vendor or subcontractor who provided the construction related materials or services, and (3) that confirms the reimbursable
amount listed on the form. The attached documentation shall be either a purchase order marked “received/paid” or an invoice similarly
marked. In the case of subcontractor provided construction services, the documentation shall consist of a dated invoice that shows the
amount billed to the PERFORMING PARTY and any “past due” amount from previous invoices.
4. All requests for the reimbursement of expenditures that fall within either the “Supply” or "Other” categories of the Contracts Cost Budget shall
be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to the major tasks or objectives, set
forth in the Scope of Work, that such expenditures support or satisfy. In addition, for any single-listed item or service costing more than $500,
the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-3, legible documentation that (1)
serves to further identify the specific items or services, (2) clearly identifies the vendor or subcontractor who provided the items or services,
and (3) that confirms the reimbursable amount listed on the form. Although issued purchase orders and/or invoices marked “received/paid”
represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or
documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or
similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when
submitting reimbursement requests to the TCEQ.
5. All requests for reimbursement of expenditures that fall within either the “Personnel/Salary” or “Travel” categories of the Contracts Cost Budget
shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-4 and identified with respect to the major tasks or objectives,
set forth in the Scope of Work, that such expenditures support or satisfy. Although no supporting documentation is required to be attached to
Supplemental Form 20248-4 with respect to reported “Personnel/Salary” expenditures in order to receive reimbursement, the PERFORMING
PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this
Contract. With respect to employee travel, all costs listed on Form 20248-4 must be supported by attached documentation that identifies the
name of the traveler’s, and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel-
related costs, includes the following: (1) legible copies of the PERFORMING PARTY-approved travel vouchers, signed by the employees who
traveled, and (2) for any travel-related expenses under this contract borne directly by the PERFORMING PARTY (and thus for which
reimbursement by the PERFORMING PARTY to the traveler was not required) separate receipts showing, at a minimum, the traveler’s name,
the travel location, and the travel date(s).
6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not breakdown that
particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives
supported.
Form Instructions - Page 6 of 6
END OF PAGE
Texas Commission on Environmental Quality Page 50 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ATTACHMENT D
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Final Waiver and Release of Claims
Upon payment from the Texas Commission on Environmental Quality (TCEQ) in the sum of $
, which constitutes final payment to [Performing Party’s Name] (hereinafter
referred to as “Performing Party”), Performing Party and its successors and assigns, release, discharge
and relinquish all claims against the RESTORE Council and TCEQ, its officers, agents, and employees
from all claims, known or unknown, arising out of or relating to TCEQ Contract Number
(Contract).
Performing Party warrants that Performing Party has already paid or will use the funds received
from this final payment to promptly pay in full all of Subcontractor's laborers, subcontractors,
materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above
referenced project up to the date of this waiver and release.
In consideration of payment of such funds, Performing Party releases any and all liens related to
the Contract and waives any right it may have to place liens related to the Contract. It is expressly agreed
and understood that this conditional FINAL waiver and release of all claims is effective, without any
further action of any party, only upon final payment to Performing Party in the above-mentioned
amount.
Performing Party warrants that it has completed all Work described in the Contract.
For non-governmental entities. The undersigned further agrees to defend, indemnify and hold
harmless the RESTORE Council and TCEQ for any losses or expenses (including without limitation
reasonable attorneys’ fees) should any claim, lien or right of lien be asserted by the below named
Contractor or Supplier or by any of its or their laborers, materialmen or subcontractors.
For governmental entities. If undersigned is a governmental entity, then undersigned will
require its contractor or subcontractor to indemnify the RESTORE Council and TCEQ from any losses
or expenses (including without limitation reasonable attorneys’ fees) should any claim, lien or right of
lien be asserted by the below named Contractor or Supplier or by any of its or their laborers, materialmen
or subcontractors.
By:
(Signature)
(Name)
(Title) (Date)
TCEQ-20589 (Rev. 5-17-22)
Texas Commission on Environmental Quality Page 51 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
☐
Federal Funding Accountability and Transparency Act
TCEQ Contract 582-23-45420
No./PCR
ATTACHMENT E
This form is required to be completed by the subrecipient for contracts funded wholly or partially with federal
funds by TCEQ. In accordance with 2 Code of Federal Regulation (CFR) Part 170 and the Federal Funding
Accountability and Transparency Act, as amended, TCEQ must collect subrecipient information for
transactions $30,000 or greater.
Information completed by TCEQ Program Area:
Information completed by Subrecipient:
Legal Name of Entity
Unique Entity Identifier
(UEI)
Exemption from reporting compensation information
* Please check box for exemption from reporting if in the preceding fiscal year either of the following bulleted
items applied:
• Recipient received less than 80% of its annual gross revenues in Federal awards [federal contracts (and subcontracts),
loans, grants (and subgrants) and cooperative agreements]; and
the recipient received less than $25,000,000 in annual gross revenues from Federal awards. OR
• the public has access to information about compensation of the senior executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or section 6104 of the Internal Revenue Code of 1986.
Total Compensation and Names of Top Five Executives (if applicable)
Name Compensation Amount
Subrecipient Responsible Party
Title Print Name Signature/Date
TCEQ-20589 (Rev. 5-17-22)
Texas Commission on Environmental Quality Page 52 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
FFATA Form Instructions
Information completed by TCEQ Program Area:
This field should be completed by TCEQ program area.
• TCEQ Contract No./PCR – Enter the Contract Number and Procurement Control Request (PCR)
generated by Budget Accounting and Monitoring System (BAMS) when the original contract is first
established. The PCR number does not need to be provided if it is the same as the last five digits of the
Contract number.
Information completed by Subrecipient:
Each field requires a response by the subrecipient.
• Legal Name of Entity – Enter name of the subrecipient organization that corresponds with subrecipient's
Unique Entity Identifier (UEI) as it appears in the System for Award Management (SAM) profile,
www.sam.gov.
• UEI – Enter subrecipient’s organization’s 12-digit UEI as it appears in its SAM Profile. Effective April 4,
2022, the UEI replaced the DUNS Number for the purpose of completing this form. To find your UEI or
request a UEI, visit SAM.gov.
• Total Compensation and Names of Top Five Executives (if applicable) – As defined in 2 CFR 170.110,
you must report Executive Compensation from your preceding fiscal year unless any of the exemption
criteria apply.
• Subrecipient Responsible Party – The person completing the form should provide title, printed name,
signature, and date the form was signed.
Return completed and signed form to TCEQ Contract Manager.
Federal Funding Accountability and Transparency Act
This form is required to be completed by the subrecipient for contracts funded wholly or partially with federal
funds by TCEQ. In accordance with 2 Code of Federal Regulation (CFR) Part 170 and the Federal Funding
Accountability and Transparency Act, as amended, TCEQ must collect subrecipient information for
transactions $30,000 or greater.
Texas Commission on Environmental Quality Page 53 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Attachment F
RESTORE Act Spill Impact Component Certifications
Directions: These certifications are required by federal law and Gulf Coast Ecosystem Restoration Council (Council) regulations and were required to be
submitted by TCEQ with each application to the RESTORE Council (Council) for financial assistance under the RESTORE Act Spill Impact Component. In
order for TCEQ to fulfill its obligations under the certifications given to Council, TCEQ is requiring Subgrantee to sign these same certifications. The
certifications were required to be signed by an authorized senior official of TCEQ who can legally bind the entity and has oversight for the administration and
use of the Spill Impact Component funds. TCEQ, as the applicant submitting its application to Council for an award to fund Subgrantee's project, provided a
similar signed certification as part of the application process. TCEQ is flowing down this requirement for submitting these certifications to be signed by an
authorized senior official of the subgrantee.
A. RESTORE Act Certification
1. Pursuant to the RESTORE Act, I certify that for any subgrant
agreement entered by Subgrantee:
(a) Each activity funded under the subgrant agreement has been
primarily designed to plan for or undertake activities to restore and
protect one or more of the following: the natural resources,
ecosystems, fisheries, marine and wildlife habitats, beaches, coastal
wetlands, or economy of the Gulf Coast region.
(b) Each activity funded under the subgrant agreement is designed to
carry out one or more of the eligible activities for the Direct
Component.
(c) Each activity funded under the subgrant agreement that protects or
restores natural resources is based on the best available science,
as that term is defined in 31 C.F.R. Part 34.
(d) The Subgrantee has procedures in place for procuring property and
services under the subgrant agreement that are consistent with the
procurement standards applying to Federal grants. The Subgrantee
will not request funds under the subgrant contract unless this
certification remains true and accurate.
(e) Pursuant to 2 C.F.R. § 200.303, the Subgrantee will establish and
maintain effective internal control over all agreements resulting from
subgrant agreement, and provide reasonable assurance that the
subgrantee will manage the subgrant agreement in compliance with
Federal statutes, regulations, and the terms and conditions of the
award. The Subgrantee knows of no material deficiencies in its
internal controls.
(f) A conflict of interest policy consistent with 2 C.F.R. § 200.318(c) is in
effect and covering each activity funded under this subgrant agreement.
(g) The Subgrantee will comply with Title VI of the Civil Rights Act of
1964, the Rehabilitation Act of 1973, and all other applicable
federal laws and regulations concerning anti-discrimination.
2. I make each of these certifications based on my personal knowledge
and belief after reasonable and diligent inquiry, and I affirm that the
Subgrantee maintains written documentation sufficient to support
each certification made above, and that the Subgrantee’s
compliance with each of these certifications is a condition of the
Subgrantee's initial and continuing receipt and use of the funds
provided under this subgrant Agreement.
B. Certification Regarding Debarment, Suspension,
and Other ResponsibilityMatters - Primary Covered
Transactions: Instructions for Certification
1. By signing the subgrant agreement, the Subgrantee is providing the
certification set out below.
2. The inability of a Subgrantee to provide the certification required below
will not necessarily result in the denial of participation in this covered
transaction. The Subgrantee shall submit an explanation of why it cannot
provide the certification set out below. The certification or explanation
will be considered in connection with TCEQ and Council’s approval to
enter into a subgrant agreement. However, failure of the Subgrantee to
Contract Number: 582-23-45420
Page 2
information of a participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal government, TCEQ or Council may
terminate this transaction for cause or default.
C. Certification Regarding Debarment, Suspension,
and Other Responsibility Matters - Primary Covered
Transactions
1. The Subgrantee certifies to the best of its knowledge and belief,
that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this subgrant
agreement been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this subgrant
agreement had one or more public transactions (Federal,
State or local) terminated for cause or default.
2. Where the Subgrantee is unable to certify to any of the
statements in this certification, such Subgrantee shall attach an
explanation to this certification.
D. Certification Regarding Drug-Free Workplace
Requirements
1. The Subgrantee certifies that it will provide a drug-free
workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the Subgrantee's
workplace and specifying the actions that will be taken against
the employee for violations of such prohibition;
(b) Establishing a drug-free awareness program to inform
employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Applicant’s policy of maintaining a drug-free
workplace;
(iii) Any available drug counseling, rehabilitation, and
employee assistance program; and
(iv) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace.
(c) Making it a requirement that each employee to be engaged in the
performance of the award be given a copy of the statement required
by paragraph (a);
Contract Number: 582-23-45420
ATTACHMENT G
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:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. 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:
Prime Subawardee
Tier , if known :
Congressional District, if known :
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
and Address of Prime:
Congressional District, if known :
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable :
8. Federal Action Number, if known : 9. Award Amount, if known :
$
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
( if individual, last name, first name, MI ): different from No. 10a )
(last name, first name, MI ):
(attach Continuation Sheet(s) SF-LLLA, if necessary)
11. Amount of Payment (check all that apply ): 13. Type of Payment (check all that apply ):
$ actual planned a. retainer
b. one-time fee
c. commission
d. contingent fee
e. deferred
12. Form of Payment (check all that apply ):
a. cash
b. in-kind; specify: nature
value f. other; specify:
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s),
employee(s), or Member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) SF-LLLA, if necessary)
15. Continuation Sheet(s) SF-LLLA attached: Yes No
16. Information requested through this form is authorized by title 31 U.S.C. section
1352. This disclosure of lobbying activities is a material representation of fact
upon which reliance was placed by the tier above when this transaction was made
or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This
information will be reported to the Congress semi-annually and will be available for
public inspection. Any person who fails to file the required disclosure shall be
subject to a civil penalty of not less that $10,000 and not more than $100,000 for
each such failure.
Signature:
Contract Number: 582-23-45420
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Reporting Entity: Page of
Approved by OMB
0348-0046
Authorized for Local Reproduction
Standard Form - LLL-A
Texas Commission on Environmental Quality Page 55 of 151 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
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 30 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. Texas Commission on Environmental Quality Page 56 of 151 Contract Name: Beaumont Riverfront Park
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
payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employee of
Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Use the SF-LLLA Continuation Sheet for additional information if
the space on the form is inadequate. 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 organizationallevel 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 entity 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. Enter the amount of compensationpaid or reasonablyexpected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether
the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative
amount of payment made or planned to be made.
12. Check the appropriatebox(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind
payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services
rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or
employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF-LLLA Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
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ATTACHMENT H
PERFORMANCE PROGRESS REPORT
SF-PPR
Page of
Pages
1.Federal Agency and Organization Element to 3a. UEI Number
Which Report is Submitted
2. Federal Grant or Other Identifying
Number Assigned by Federal Agency
3b. EIN
4. Recipient Organization (Name and complete address including zip code) 5. Recipient Identifying Number
or Account Number
6. Project/Grant Period 8. Final Report? Yes
No
Start Date: (Month, Day, Year) End Date: (Month, Day, Year)
7. Reporting Period End Date
(Month, Day, Year) 9. Report Frequency
annual semi-annual
quarterly other
(If other, describe:
)
10. Performance Narrative (attach performance narrative as instructed by the awarding Federal Agency)
11. Other Attachments (attach other documents as needed or as instructed by the awarding Federal Agency)
12c. Telephone (area code, number and
extension)
12a. Typed or Printed Name and Title of Authorized Certifying Official
12d. Email Address
12b. Signature of Authorized Certifying Official 12e. Date Report Submitted (Month, Day,
Year)
PPR, Page 1
Print Form
Texas Commission on Environmental Quality Page 58 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Performance Progress Report (PPR) Instructions
The Performance Progress Report (PPR) is a standard, government-wide
performance progress reporting format used by Federal agencies to collect
performance information from recipients of Federal funds awarded under all
Federal programs per project/grant period, excluding those that support
research. In order for TCEQ to fulfill its obligation as a recipient, TCEQ
requires subrecipients to complete the PPR as directed in the subgrant
contract. General instructions for completing the PPR are contained below.
For further instructions on completing the PPR, please contact the agency’s
points of contact specified in the "Agency Contacts" section of your award
document.
Report Submissions
1. The recipient must submit the PPR cover page and any of the forms (PPR
A-F), which the Federal agency requires, as specified in the award terms
and conditions.
2. The PPR must be submitted to the attention of the agency’s points of
contact specified in the "Agency Contacts" section of the award document
in accordance with the requirements established in the award document.
3. If additional space is needed to support the PPR, supplemental pages
should be attached. The additional pages must indicate the following at
the top of each page: Federal Grant or other Identifying Award Number,
Recipient Organization, UEI Number, EIN, and period covered by the
Report. Page numbers should be used if a particular page is used more
than once.
Reporting Requirements
1. All recipients of grants or cooperative agreements awarded under all
Federal programs that exceed $100,000 or more per project/grant period,
excluding those that support research, are required to submit a PPR in
accordance with the terms established in the award document.
2. The PPR must be submitted at least once yearly, on a quarterly, semi-
annual, or annual basis, as directed by the awarding Federal agency in
the award document. A final PPR shall be required at the completion of
the award agreement.
3. For interim PPRs, the following reporting period end dates shall be used:
3/31; 6/30; 9/30; and or 12/31. For final PPRs, the reporting period end
date shall be the end date of the project/grant period.
PPR, Page 2
Texas Commission on Environmental Quality Page 59 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
4. The frequency of required reporting is stated in the solicitation and award
documents. Interim PPRs are due not later than 45 days after the end of
each reporting period. Final PPRs are due not later than 90 days after the
end of the reporting period end date.
Performance Progress Report
Item Data Elements Line Item Instructions for SF-PPR
1 Awarding Federal agency
and Organizational
Element to Which Report
is Submitted
Enter the name of the awarding Federal agency and organizational
element identified in the award document or otherwise instructed by the
agency. The organizational element is a sub-agency within an awarding
Federal agency.
2 Federal Grant or Other
Identifying Number
Assigned by the awarding
Federal agency
Enter the grant/award number contained in the award document.
3a UEI Enter the recipient organization's Unique Entity Identifier.
3b EIN Enter the recipient organization's Employer Identification Number (EIN)
provided by the Internal Revenue Service.
4 Recipient Organization Enter the name of recipient organization and address, including zip code.
5 Recipient Account
Number or Account
Number
Enter the account number or any other identifying number assigned by the
recipient to the award. This number is strictly for the recipient's use only
and is not required by the awarding Federal agency.
6 Project/Grant Period Indicate the project/grant period established in the award document during
which Federal sponsorship begins and ends. Note: Some agencies award
multi-year grants for a project/grant period (e.g., 5 years) that are funded
in increments known as budget periods or funding periods. These are
typically annual increments. Please enter the project/grant period, not the
budget period or funding period.
7 Reporting Period End
Date
Enter the ending date of the reporting period. For quarterly, semi-annual,
and annual reports, the following calendar quarter reporting period end
dates shall be used: 3/31; 6/30; 9/30; and or 12/31. For final PPRs, the
reporting period end date shall be the end date of the project/grant period.
The frequency of required reporting is usually established in the award
document.
8 Final Report Mark appropriate box. Check “yes” only if this is the final report for the
project/grant period specified in Box 6.
9 Report or Frequency Select the appropriate term corresponding to the requirements contained
in the award document. “Other” may be used when more frequent
reporting is required for high-risk grantees, as specified in OMB Circular A-
110.
10 Performance Narrative Attach performance narrative as instructed by the awarding Federal
agency.
11 Other Attachments Attach other documents as needed or as instructed by the awarding
Federal agency.
Performance Progress Report
Texas Commission on Environmental Quality Page 60 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Item Data Elements Line Item Instructions for SF-PPR
Remarks, Certification, and Agency Use Only
12a Typed or Printed Name
and Title of Authorized
Certifying Representative
Authorized certifying official of the recipient.
12b Signature of Authorized
Certifying Official
Original signature of the recipient's authorizing official.
12c Telephone (area code,
number and extension)
Enter authorized official's telephone number.
12d Email Address Enter authorized official's email address.
12e Date Report Submitted
(Month, Day, Year)
Enter date submitted to the awarding Federal agency. Note: Report must
be received by the awarding Federal agency no later than 90 days after
the end of the reporting period.
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PERFORMANCE PROGRESS REPORT
SF-PPR-2 (Cover Page Continuation)
Page 2
of
Pages
1.Federal Agency and Organization 3a. UEI
Element to Which Report is Submitted
2. Federal Grant or Other
Identifying Number Assigned
by Federal Agency 3b. EIN
4. Reporting Period
End Date
(Month, Day, Year)
Supplemental Continuation of SF-PPR Cover Page
(1)
Label
Number
(2)
Label
Name
(3)
Provide Grantee or Grant Project information requested:
PPR-2-001
PPR-2-002
PPR-2-003
PPR-2-004
PPR-2-005
PPR-2-006
PPR-2-007
PPR-2-008
PPR-2-009
PPR-2-010
PPR-2-011
PPR-2-012
PPR-2-013
PPR-2-014
PPR-2-015
PPR-2-016
PPR-2-017
PPR-2-018
PPR-2-019
PPR-2-020
Print Form
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Note:
• Agencies will specify if this page is required
• This page can be used for one or more activities and results, and can be duplicated
PERFORMANCE PROGRESS REPORT
Program Indicators SF-PPR-B
Page of
Pages
1.Federal Agency and Organization 3a. UEI
Element to Which Report is Submitted
2. Federal Grant or Other
Identifying Number Assigned
by Federal Agency 3b. EIN
4. Reporting Period
End Date
(Month, Day, Year)
B. Program Indicators
(1)
Activity
Number or
Label
(2)
Activity Description
(3)
Indicator or
Status
(4)
Explanation
B-01
B-02
B-03
Print Form
Texas Commission on Environmental Quality Page 63 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Line Item Instructions for Attachment B, Program Indicators
Item Data Elements Instructions
1 Awarding Federal
agency and
Organizational Element
to Which Report is
Submitted
Enter the name of the awarding Federal agency and organizational
element identified in the award document or otherwise instructed by the
agency. The organizational element is a sub-agency within an awarding
Federal agency.
2 Federal Grant or Other
Identifying Number
Assigned by the
awarding Federal
agency
Enter the grant/award number contained in the award document.
3a UEI Enter the recipient organization's Unique Entity Identifier (UEI).
3b EIN Enter the recipient organization's Employer Identification Number (EIN)
provided by the Internal Revenue Service.
4 Reporting Period End
Date
Enter the ending date of the reporting period. For quarterly, semi-
annual, and annual reports, the following calendar quarter reporting
period end dates shall be used: 3/31; 6/30; 9/30 and or 12/31. For final
PPRs, the reporting period end date shall be the end date of the
project/grant period. The frequency of required reporting is usually
established in the award document.
Program Indicators
B.(1) Activity Number or
Label
Enter the Number or label used to track a particular award activity and
enter the label used to associate the activity with a particular awarding
Federal agency program goal, objective or program/priority area.
(Awarding Federal agencies may provide guidance on format and
purpose of this number or label. For example, an agency may
prescribe specific activities or may prescribe how to map activities
to specific goals, objectives or program/priority areas, or may
leave determination to the recipient).
B.(2) Activity Description Describe the approved award activities performed to achieve short and
long-term goals, associated with expenditures being reported.
(Awarding Federal agencies may provide guidance on the level of
detail and types of activities identified).
B.(3) Indicator or Status State if the project is completed, not completed or ongoing.
B.(4) Explanation If you did not meet or expect to meet your target, you must explain.
Texas Commission on Environmental Quality Page 64 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
SF-PPR-Question 10 – Performance Narrative Questions
1. Is the project on schedule? Yes or No
2. Are there any goals that may not be fully accomplished or metric targets that may not be met
within the award time? Yes or No
• If Yes, can those goals be accomplished, and metric targets met with a time extension,
modification of milestone dates, or other adaptive management strategies? Yes or No
• If Yes, please indicate whether you have communicated with the TCEQ staff. Select No if
you need to have further discussion with the TCEQ staff.
3. Please describe any adaptive management strategies you have implemented or plan to
implement to help accomplish project goals and meet metric targets, including a time extension
and/or modification of milestone dates. Please also be sure to update this information in the
milestones reporting template, if appropriate.
4. The metrics values for your project are shown in RESTORE Act Metrics Report – RESTORE
Council excel form. Update the following fields on the form: “Report period ending”, “current”
value, “target” value (if listed as TBD), and the “status/next steps” for all metrics, as appropriate.
5. If your project included leveraging (co-funding, adjoining, or building upon others), update the
following fields as needed. If the project has multiple sources of funding, repeat all steps for
each source.
• Enter the total leveraged funding amount for the funding source described below: $
• Source of funds: Name of City, County, State, etc.
• Source type: other Federal, state, local funder, corporate/for-profit, not for profit, or other
• Type of leveraging:
o Co-funding = Costs that will be shared across funding from two or more sources. The
leveraged funding from all sources is required in order to achieve the project
objective;
o Adjoining = Activities are in a location that adjoins another existing or proposed
project; or
o Builds on other work = The project builds upon activities completed or ongoing as
part of other projects, but is not captured by either of the two types of leveraging):
• Status: Proposed, Received, or Committed
• Description of funds:
6. If co-funding has been identified for this project, are you on target to receive those funds?
7. Have there been any updates to this project’s GIS files? Yes or No
If Yes, please submit as a zip file.
8. Have you met the requirements of any special award conditions applicable to this performance
period? Yes or No
If Yes, please provide a description of the special award condition requirement(s)
addressed.
9. Please provide a summary of work completed under this award during this performance period.
Texas Commission on Environmental Quality Page 65 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ATTACHMENT I
RESTORE COUNCIL
FINANCIAL ASSISTANCE
STANDARD TERMS AND CONDITIONS
Texas Commission on Environmental Quality Page 66 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Texas Commission on Environmental Quality Page 67 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
RESTORE COUNCIL
FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS
Table of Contents
A. STATUTORY AND NATIONAL POLICY REQUIREMENTS ..............................................1
B. PROGRAMMATIC REQUIREMENTS ..................................................................................1
.01 Performance (Technical) Reports......................................................................................2
.02 Reporting on Real Property................................................................................................3
.03 Unsatisfactory Performance...............................................................................................3
.04 Programmatic Changes......................................................................................................3
.05 Other Federal Awards with Similar Programmatic Activities...........................................3
.06 Non-Compliance with Award Provisions..........................................................................4
.07 Prohibition against Assignment by the Non-Federal Entity..............................................4
.08 Disclaimer Provisions........................................................................................................4
C. FINANCIAL REQUIREMENTS .............................................................................................4
.01 Financial Reports...............................................................................................................4
.02 Financial Management ......................................................................................................5
.03 Award Payments................................................................................................................6
.04 Federal and Non-Federal Sharing......................................................................................7
.05 Program Income ................................................................................................................7
.06 Budget Changes and Transfer of Funds among Categories...............................................8
.07 Indirect (Facilities and Administrative [F&A]) Costs .......................................................9
.08 Incurring Costs or Obligating Federal Funds Outside of the Period of Performance......11
.09 Tax Refunds ....................................................................................................................11
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D. INTERNAL CONTROLS ......................................................................................................12
E. PROPERTY STANDARDS...................................................................................................12
.01 Standards.........................................................................................................................12
.02 Insurance coverage..........................................................................................................12
.03 Real Property...................................................................................................................13
.04 Federally-owned and Exempt Federally-owned Property...............................................14
.05 Equipment .......................................................................................................................14
.06 Supplies...........................................................................................................................15
.07 Intangible Property..........................................................................................................15
.08 Property Trust Relationship.............................................................................................16
F. PROCUREMENT STANDARDS..........................................................................................16
G. NON-DISCRIMINATION REQUIREMENTS .......................................................................17
.01 Statutory Provisions ........................................................................................................17
.02 Other Provisions..............................................................................................................18
.03 Title VII Exemption for Religious Organizations ...........................................................19
H. RECORDS RETENTION ......................................................................................................19
I. AUDITS .................................................................................................................................20
.01 Organization-Wide, Program-Specific, and Project Audits.............................................20
.02 Audit Resolution Process................................................................................................21
J. DEBTS ...................................................................................................................................22
.01 Payment of Debts Owed the Federal Government..........................................................22
.02 Late Payment Charges.....................................................................................................22
.03 Effect of Judgment Lien on Eligibility for Federal Grants, Loans, or Programs ............23
K. GOVERNMENTWIDE DEBARMENT AND SUSPENSION..............................................23
L. LOBBYING RESTRICTIONS...............................................................................................23
.01 Statutory Provisions ........................................................................................................23
.02 Disclosure of Lobbying Activities ..................................................................................23
M. REMEDIES FOR NONCOMPLIANCE ................................................................................24
N. CODES OF CONDUCT AND SUBAWARD, CONTRACT, AND SUBCONTRACT
PROVISIONS.........................................................................................................................26
.01 Code of Conduct for Recipients......................................................................................26
.02 Applicability of Award Provisions to Subrecipients .......................................................26
.03 Competition and Codes of Conduct for Subawards........................................................28
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.04 Applicability of Provisions to Subawards, Contracts, and Subcontracts.........................28
.05 Subaward and/or Contract to a Federal Agency .............................................................31
O. AMENDMENTS AND CLOSEOUT.....................................................................................32
P. ENVIRONMENTAL COMPLIANCE...................................................................................32
.01 The National Environmental Policy Act (42 U.S.C. § 4321 et seq.) ..............................32
.02 The Endangered Species Act (16 U.S.C. § 1531 et seq.)................................................33
.03 Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et
seq.).................................................................................................................................33
.04 Clean Water Act Section 404 (33 U.S.C. § 1344 et seq.) ...............................................33
.05 The Migratory Bird Treaty Act (16 U.S.C. §§ 703-712), Bald and Golden Eagle
Protection Act (16 U.S.C. § 668 et seq.), and Executive Order No. 13186,
Responsibilities of Federal Agencies to Protect Migratory Birds...................................33
.06 National Historic Preservation Act (16 U.S.C. § 470 et seq.).........................................34
.07 Clean Air Act (42 U.S.C. § 7401 et seq.), Federal Water Pollution Control Act (33
U.S.C. § 1251 et seq.) (Clean Water Act), and Executive Order 11738 (“Providing for
administration of the Clean Air Act and the Federal Water Pollution Control Act with
respect to Federal contracts, grants or loans”) ................................................................34
.08 The Flood Disaster Protection Act (42 U.S.C. § 4002 et seq.)........................................34
.09 Executive Order 11988 (“Floodplain Management”), Executive Order 13690
(“Establishing a Federal Flood Risk Management Standard and a Process for Further
Soliciting and Considering Stakeholder Input”), and Executive Order 11990
(“Protection of Wetlands”)..............................................................................................34
.10 Executive Order 13112 (“Invasive Species”)..................................................................35
.11 The Coastal Zone Management Act (16 U.S.C. § 1451 et seq.) .....................................35
.12 The Coastal Barriers Resources Act (16 U.S.C. § 3501 et seq.).....................................35
.13 The Wild and Scenic Rivers Act (16 U.S.C. § 1271 et seq.) ..........................................35
.14 The Safe Drinking Water Act (42 U.S.C. § 300 et seq.) .................................................35
.15 The Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) ....................36
.16 The Comprehensive Environmental Response, Compensation, and Liability Act
(Superfund) (42 U.S.C. § 9601 et seq.) ..........................................................................36
.17 Executive Order 12898 (“Environmental Justice in Minority Populations and Low
Income Populations”)......................................................................................................36
.18 Rivers and Harbors Act (33 U.S.C. 407).........................................................................36
.19 Marine Protection, Research and Sanctuaries Act (Pub. L. 92-532, as amended),
National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), and Executive Order 13089
(“Coral Reef Protection”) ...............................................................................................36
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.20 Executive Order 13653 (“Preparing the United States for the Impacts of Climate
Change”) .........................................................................................................................37
.21 Farmland Protection Policy Act (7 U.S.C. 4201 et seq.).................................................37
.22 Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) ..........................................37
Q. MISCELLANEOUS REQUIREMENTS ...............................................................................37
.01 Criminal and Prohibited Activities..................................................................................37
.02 Political Activities...........................................................................................................37
.03 Drug-Free Workplace......................................................................................................38
.04 Foreign Travel.................................................................................................................38
.05 Increasing Seat Belt Use in the United States.................................................................39
.06 Research Involving Human Subjects ..............................................................................39
.07 Federal Employee Expenses ...........................................................................................39
.08 Minority Serving Institutions Initiative...........................................................................40
.09 Research Misconduct ......................................................................................................40
.10 Publications, Videos, Signage and Acknowledgment of Sponsorship............................40
.11 Care and Use of Live Vertebrate Animals ......................................................................41
.12 Homeland Security Presidential Directive 12 .................................................................41
.13 Compliance with Department of Commerce Bureau of Industry and Security Export
Administration Regulations............................................................................................42
.14 The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended, and
the implementing regulations at 2 C.F.R. part 175.........................................................43
.15 The Federal Funding Accountability and Transparency Act of 2006 (“Transparency
Act” or FFATA)—Public Law 109-282, as amended by section 6202(a) of Public Law
110-252 (31 U.S.C. 6101)...............................................................................................44
.16 Federal Financial Assistance Planning During a Funding Hiatus or Government
Shutdown ........................................................................................................................48
R. CERTIFICATIONS................................................................................................................49
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Contract Number: 582-23-45420
THESE RESTORE COUNCIL FINANCIAL ASSISTANCE STANDARD TERMS AND
CONDITIONS (ST&Cs) ARE INCORPORATED INTO AND MADE A PART OF THE
GRANT AWARD TO WHICH THEY ARE ATTACHED.
A. STATUTORY AND NATIONAL POLICY REQUIREMENTS
The non-Federal entity1 (also referred to as “recipient” or “grantee”) and any subrecipients must, in
addition to the assurances made as part of the application, comply and require each of its contractors and
subcontractors employed in the completion of the project to comply with all applicable statutes,
regulations, executive orders (EOs), Office of Management and Budget (OMB) circulars, terms and
conditions, and approved applications. This document provides the Gulf Coast Ecosystem Restoration
Council (“Council”) standard terms and conditions (ST&Cs) for all Council awards. 2 CFR § 5900.101
provides the Council’s adoption of 2 CFR Part 200, giving regulatory effect to the OMB guidance.
This award is subject to the laws and regulations of the United States. Any inconsistency or conflict in
terms and conditions specified in the award will be resolved according to the following order of
precedence: public laws, regulations, applicable notices published in the Federal Register, EOs, OMB
circulars, the Council ST&Cs, and special award conditions. Special award conditions may amend or take
precedence over the ST&Cs if and when so provided by the ST&Cs.
Certain of the ST&Cs contain, by reference or substance, a summary of the pertinent statutes or
regulations published in the Federal Register or Code of Federal Regulations (C.F.R.), EOs, OMB
circulars, or the assurances (Forms SF-424B and SF-424D). No such provision will be construed so as to
be in derogation of, or an amendment to, any such statute, regulation, EO, OMB circular, or assurance.
B. PROGRAMMATIC REQUIREMENTS
The recipient must use funds only for the purposes identified in the grant award agreement in accordance
with the requirements in 31 C.F.R. § 34.803(d). All activities under the award must meet the eligibility
requirements of the Gulf RESTORE Program as defined in 31 C.F.R. §§ 34.201, 34.202 or 34.203,
according to component.
1 The OMB Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards
located at 2 C.F.R. part 200 uses the term “non-Federal entity” to generally refer to an entity that carries out a
Federal award as a recipient or subrecipient. Because certain of the provisions of these ST&Cs apply to recipients
rather than subrecipients, or vice versa, for clarity, these ST&Cs use the terms “non-Federal entity”, “recipient”, and
“subrecipient.” In addition, the OMB Uniform Guidance uses the term “pass-through entity” to refer to a non-
Federal entity that makes a subaward.
“Non-Federal entity” is defined at 2 C.F.R. § 200.69 as “a State, local government, Indian tribe, institution of higher
education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.”
“Recipient” is defined at 2 C.F.R. § 200.86 as “a non-Federal entity that receives a Federal award directly from a
Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include
subrecipients.”
“Subrecipient” is defined at 2 C.F.R. § 200.93 as “a non-Federal entity that receives a subaward from a pass-through
entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such
program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.”
“Pass-through entity” is defined as 2 C.F.R. § 200.74 as “a non-Federal entity that provides a subaward to a
subrecipient to carry out part of a Federal program.”
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.01 Performance (Technical) Reports
a. Non-Federal entities must use OMB-approved governmentwide standard information collections
when providing financial and performance information and, as appropriate and in accordance with
such information collections, are required to relate financial data to the performance accomplishments
of the Federal award. When applicable, recipients must also provide cost information to demonstrate
cost effective practices (e.g., through unit cost data). The Non-Federal entity's performance will be
measured in a way that will help the Council and other non-Federal entities to improve program
outcomes, share lessons learned and spread the adoption of promising practices. Recipients will be
provided with clear performance goals, indicators and milestones as described in 2 C.F.R. § 200.210
“Information contained in a Federal award.”
b. Recipients must submit performance (technical) reports, which may be Form SF-PPR “Performance
Progress Report” or any successor form, or another format as required by the Council, to the Council-
designated grants officer (Grants Officer). Performance reports should be submitted electronically,
unless the recipient makes an arrangement with the Grants Officer for submission in hard copy (no
more than one original and two copies) in accordance with the award conditions.
c. Performance Reports must be submitted with the same frequency as the Federal Financial Report
(Form SF-425), unless otherwise authorized by the Grants Officer. If events occur between scheduled
performance reporting dates that have significant impact upon the activity, project or program, the
recipient must notify the Grants Officer as soon as possible.
d. Performance (technical) reports shall contain brief information as prescribed in the Uniform
Administrative Requirements, Cost Principals and Audit Requirements for Federal Awards (2 C.F.R.
part 200, specifically 2 C.F.R. § 200.328) incorporated into the award, unless otherwise specified in
the award provisions. Specifically, in the “performance narrative” (item 10 on the SF-PPR), the
recipient must provide the following information.
1. Activities and Accomplishments:
i. Summarize activities undertaken during the reporting period;
ii. Summarize any key accomplishments, including milestones and metrics completed for the
period;
iii. List any contracts awarded during the reporting period, along with the name of the contractor
and its principal, the DUNS number of the contractor, the value of the contract, the date of
award, a brief description of the services to be provided, and whether or not local preference
was used in the selection of the contractor; and
iv. If the recipient is authorized to make subawards, list any subawards executed during the
reporting period, along with the name of the entity and its principal, the DUNS number of the
entity, the value of the agreement, the date of award, and a brief description of the scope of
work.
2. Adaptive Management:
i. Indicate if any operational, legal, regulatory, budgetary, and/or ecological risks, and/or any
public controversies, have materialized; if so, indicate what mitigation strategies have been
undertaken to attenuate these risks or controversies; and
ii. Summarize any challenges that have impeded the recipient’s ability to accomplish the approved
scope of work on schedule and on budget.
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3. Findings/Events: Summarize any significant findings or events, if applicable.
4. Dissemination Activities: Describe any activities to disseminate or publicize results of the
activity, project, or program, if applicable.
5. Monitoring:
i. Describe all efforts taken to monitor contractor and/or subrecipient performance, to include site
visits, during the reporting period. For subawards, indicate whether the subrecipient submitted
an audit to the recipient, and if so, whether the recipient issued a management decision on any
findings; and
ii. Describe any other activities or relevant information not already provided.
6. Planned Activities: Summarize the activities planned for the next reporting period.
7. Attachments: List and attach any deliverables completed during the performance period or other
materials to be submitted with the report.
.02 Reporting on Real Property
In accordance with 2 C.F.R. § 200.329, the Federal awarding agency or pass-through entity must require a
non-Federal entity to submit reports at least annually on the status of real property in which the Federal
government retains an interest, unless the Federal interest in the real property extends 15 years or longer.
If the attached Federal interest is for a period of 15 years or longer, the Council or pass-through entity
may, at its option, require the non-Federal entity to report at various multi-year frequencies as specified in
the terms of the award (e.g., every two years or every three years, not to exceed a five-year reporting
period; or the Council or pass-through entity may require annual reporting for the first three years of a
Federal award and thereafter require reporting every five years).
.03 Unsatisfactory Performance
Failure to perform the work in accordance with the terms of the award and maintain at least a satisfactory
performance as determined by the Council may result in designation of the non-Federal entity as high risk
and the assignment of special award conditions or other further action as provided in Section B.06, “Non-
Compliance with Award Provisions” below.
.04 Programmatic Changes
The non-Federal entity shall report programmatic changes to the Grants Officer in accordance with
2 C.F.R. § 200.308, and shall request prior approvals in accordance with 2 C.F.R. § 200.407.
.05 Other Federal Awards with Similar Programmatic Activities
The non-Federal entity shall immediately provide written notification to the Grants Officer in the event
that, subsequent to receipt of the Council award, other financial assistance is received to support or fund
any portion of the scope of work incorporated into the Council award. The Council will not pay for any
costs that are funded by other sources.
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.06 Non-Compliance with Award Provisions
Failure to comply with any or all of the provisions of the award may have a negative impact on future
funding by the Council and may be considered grounds for any or all of the following actions:
withholding of payments pending correction of the deficiency by the non-Federal entity and/or more
severe enforcement action by the Council or pass-through entity in accordance with 2 C.F.R. § 200.338;
disallowance of (that is, denial of both use of funds and any applicable matching credit for) all or part of
the cost of the activity or action not in compliance; suspension or termination of all or any portion of the
award; initiation of suspension or debarment proceedings as authorized under 2 C.F.R. part 180 and any
Council regulations and policies promulgated pursuant to its authority (or in the case of a pass-through
entity, recommendation that such a proceeding be initiated by the Council); withholding of further awards
for the project or program; or enforcement of other remedies that may be legally available. See also 2
C.F.R. §§ 200.339 through 200.342.
.07 Prohibition against Assignment by the Non-Federal Entity
The non-Federal entity shall not transfer, pledge, hypothecate, mortgage, or otherwise assign the award,
or any interest therein, or any claim arising thereunder, to any party or parties, including without
limitation any bank, trust company or other financing or financial institution, without the express written
approval of the Grants Officer.
.08 Disclaimer Provisions
a. The United States expressly disclaims any and all responsibility or liability to the non-Federal entity
or third persons for any actions of the non-Federal entity or third persons resulting in death, bodily
injury, personal or property damage, or any other damage, loss or liability in connection with or
resulting in any way from the performance of this award or any subaward or subcontract under this
award.
b. Acceptance of this award by the non-Federal entity does not in any way establish or constitute an
agency relationship between the United States and the non-Federal entity.
C. FINANCIAL REQUIREMENTS
.01 Financial Reports
a. In accordance with 2 C.F.R. § 200.327, the recipient shall submit a “Federal Financial Report” (Form
SF-425 or any successor form, or another format as required by the Council) on a semi-annual basis.
Semi-annual reporting periods will be specified in the grant award for either the periods ending
March 31 and September 30, or any portion thereof, or June 30 and December 31, or any portion
thereof, unless otherwise specified in a special award condition. Reports are due no later than 30 days
following the end of each reporting period. A final Form SF-425 shall be submitted within 90 days
after the expiration of the project period.
b. The report should be submitted to the Grants Officer electronically, unless the recipient makes an
arrangement with the Grants Officer for submission in hard copy (no more than one original and two
copies), in accordance with the award conditions.
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c. The recipient must report to the Council at the conclusion of the grant period, or other period
specified by the Council, on the use of funds pursuant to the award in accordance with the
requirements in 31 C.F.R. § 34.803(e).
d. The recipient must forecast cash requirements/draws semi-annually, for the periods October 1 to
March 31 and April 1 to September 30, throughout the life of the grant. Forecasted cash requirements
must be updated with the submission of each “Federal Financial Report.”
.02 Financial Management
a. In accordance with 2 C.F.R. § 200.302(a), each State, including a state’s administrative agents and the
Gulf Consortium of Florida counties, must expend and account for the Federal award in accordance
with state laws and procedures for expending and accounting for the state’s own funds. In addition,
the state’s and other non-Federal entities’ financial management systems, including records
documenting compliance with Federal statutes, regulations, and the terms and conditions of the
Federal award, must be sufficient to permit the preparation of reports required by general and
program-specific terms and conditions – including preparation of accurate, current and complete SF-
425, Performance (Technical) Report, reporting on subawards, and any additional reports required by
any additional award conditions. The financial management system also must be sufficient to trace
funds to a level of expenditures adequate to establish that such funds have been used according to the
Federal statutes, regulations – including without limitation the Resources and Ecosystem
Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012
(RESTORE Act), Council and Treasury RESTORE Act regulations – and the terms and conditions of
the Federal award. See also 2 C.F.R. § 200.450 “Lobbying.”
b. The financial management system of each non-Federal entity must provide all information required
by 2 C.F.R. § 200.302(b) and maintain detailed records sufficient to account for the receipt,
obligation and expenditure of grant funds in accordance with the requirements in 31 C.F.R. §
34.803(b). See also 2 C.F.R. §§ 200.333 “Retention requirements for records”; 200.334 “Requests for
transfer of records”; 200.335 “Methods for collection, transmission and storage of information”;
200.336 “Access to records”; and 200.337 “Restrictions on public access to records.” Specifically,
the financial management system must provide for:
1. Identification and tracking of all Council awards received and expended by the Catalog of Federal
Domestic Assistance (CFDA) title and number, Federal award identification number and year,
name of the Federal agency, and name of the pass-through entity, if any;
2. Records that adequately identify the source and application of all funds for Federally-funded
activities, including information pertaining to Federal awards, authorizations, obligations,
unobligated balances, assets, expenditures, income and interest, and are supported by source
documentation; and
3. Effective control over, and accountability for, all Federal funds, and all property and assets
acquired with Federal funds. The recipient must adequately safeguard all assets and ensure that
they are used solely for authorized purposes.
c. The recipient must establish written procedures to implement the requirements set forth in
Subsection, C.03 “Award Payments,” below, as well as written procedures to determine the
allowability of costs in accordance with 2 C.F.R. Part 200, subpart E “Cost Principles,” and the terms
and conditions of this award.
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.03 Award Payments
a. The reimbursement method of payment will be used under this award, unless otherwise specified in a
special award condition. The Grants Officer will determine the appropriate method of payment.
Payments are made through electronic funds transfers directly to the non-Federal entity’s bank
account and in accordance with the requirements of the Debt Collection Improvement Act of 1996
(31 U.S.C. § 3701 et. seq.) and the Cash Management Improvement Act (31 U.S.C. § 6501 et. seq.).
1. Consistent with 2 C.F.R. § 200.305(a), for States, payments are governed by the Treasury-State
Cash Management Improvement Act (CMIA) agreements and default procedures codified at 31
C.F.R. Part 205 “Rules and Procedures for Efficient Federal-State Funds Transfers” and Treasury
Financial Manual Volume I, 4A-2000 “Overall Disbursing Rules for All Federal Agencies.”
2. Consistent with 2 C.F.R. § 200.305(b), for non-Federal entities other than States, payment
methods must minimize the amount of time elapsing between the transfer of funds from the U.S.
Treasury or the pass-through entity and the disbursement by the non-Federal entity.
b. The Council Award Number must be included on all payment-related correspondence, information,
and forms.
c. Unless otherwise provided for in the award terms, payments under this award will be made using the
Department of Treasury’s Automated Standard Application for Payment (ASAP)2 system. Under the
ASAP system, payments will be made through preauthorized electronic funds transfers in accordance
with the requirements of the Debt Collection Improvement Act of 1996. Awards paid under the
ASAP system will contain a special award condition, clause or provision describing enrollment
requirements and any controls or withdrawal limits set in the ASAP system. Recipients enrolled in the
ASAP system are not required to submit a “Request for Advance or Reimbursement” (Form SF-270
or successor form), in order to receive payments relating to their award. Pre-approval prior to
requesting payments may be required for recipients that are determined by the Council to be in a high
risk category or noncompliant (see 2 C.F.R. § 200.205 “Federal awarding agency review of risk posed
by applicants,” and see section M “Remedies for Noncompliance” below).
1. In order to receive payments under ASAP, recipients are required to enroll with the Department
of Treasury, Financial Management Service, Regional Financial Centers, which enables them to
use the on-line and Voice Response System (VRS) method of withdrawing funds from their
ASAP established accounts.
2. The following information will be required to make withdrawals under ASAP: (i) ASAP account
number, i.e., the Federal award number found on the cover sheet of the award; (ii) Agency
Location Code (ALC); and (iii) Region Code.
d. When expressly allowed through a special award condition, advances shall be limited to the minimum
amounts necessary to meet immediate disbursement needs, but in no event shall advances exceed the
amount of cash required for a 30-day period. Funds advanced but not disbursed in a timely manner and
any accrued interest thereon must be promptly returned to the Council. The Grants Officer may
periodically request documentation from the non-Federal entity verifying that the elapsed time
between the transfer of funds and disbursement has been minimized. If a non-Federal entity
demonstrates an unwillingness or inability to establish procedures that will minimize time elapsing
2 Department of Treasury’s Automated Standard Application for Payment (ASAP) system -
https://www.fiscal.treasury.gov/fsservices/gov/pmt/asap/asap_home.htm, verified on 8/18/2015.
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between transfer of funds and disbursement or if the non-Federal entity otherwise fails to continue to
qualify for the advance payment method, the Grants Officer may change the method of payment to
reimbursement only.
e. Where the use of an alternative system other than ASAP is provided for in the award terms, requests
for payment will be submitted to the Grants Officer.
1. Form SF-3881, “ACH Vendor/Miscellaneous Payment Enrollment Form,” must be completed
before the first award payment can be made via the “Request for Advance or Reimbursement”
(Form SF-270) request.
2. When advance payment is expressly allowed for by special award condition, the non-Federal
entity must submit the request no more frequently than monthly, and advances will be approved
for periods to cover only expenses anticipated over the following 30 days. The non-Federal entity
must complete the “ACH Vendor Miscellaneous Payment Enrollment Form” (Form SF-3881 or
successor form), and Form SF-270, and submit those forms to the Grants Officer.
.04 Federal and Non-Federal Sharing
a. Awards that include Federal and non-Federal sharing incorporate a budget consisting of shared
allowable costs. If actual allowable costs are less than the total approved budget, the Federal and non-
Federal cost shares shall be calculated by applying the approved Federal and non-Federal cost share
ratios to actual allowable costs. If actual allowable costs are greater than the total approved budget,
the Federal share shall not exceed the total Federal dollar amount authorized by the award.
b. The non-Federal share, whether in cash or in-kind, is to be paid out at the same general rate as the
Federal share. Exceptions to this requirement may be granted by the Grants Officer based on
sufficient documentation demonstrating previously determined plans for, or later commitment of,
cash or in-kind contributions. In any case the non-Federal entity must meet its cost share commitment
over the life of the award. The non-Federal entity must create and maintain sufficient records
sufficient to justify all non-Federal sharing requirements and to facilitate questions and audits. See
Section I “Audits” below for audit requirements, and see 2 C.F.R. § 200.306 for additional
requirements regarding cost sharing.
.05 Program Income
a. Non-Federal entities are encouraged to earn income to defray program costs where appropriate. Any
program income shall be earned and applied consistent with the requirements of 2 C.F.R. § 200.307.
b. The recipient must maintain detailed records sufficient to account for the receipt, obligation, and
expenditure of grant funds including the tracking of program income. Program income must be
included in the non-Federal entity’s approved budget and tracked in accordance with the requirements
in 31 C.F.R. § 34.803(b).
c. All program income must be documented in the Federal financial report submitted to the Council for
the period in which the income was earned.
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.06 Budget Changes and Transfer of Funds among Categories
a. Requests for changes to the approved budget must be made in accordance with 2 C.F.R. § 200.308
“Revision of budget and program plans” and submitted in writing to the Grants Officer who will
make the final determination on such requests and notify the non-Federal entity in writing thereof.
1. Construction Awards. For construction Federal awards, the non-Federal entity must request prior
written approval promptly from the Grants Officer for budget revisions whenever one or more of
the following applies:
i. The revision results from changes in the scope or the objective of the project or program;
ii. The need arises for additional Federal funds to complete the project; or
iii. A revision is desired which involves specific costs for which prior written approval
requirements may be imposed consistent with applicable OMB cost principles listed in 2
C.F.R. part 200, Subpart E—“Cost Principles.”
2. Non-Construction Awards. For non-construction Federal awards, recipients must request prior
written approval promptly from the Grants Officer for budget revisions whenever one or more of
the following applies:
i. Change in the scope or the objective of the project or program;
ii. Change in a key person specified in the application or the Federal award;
iii. The disengagement from the project for more than three months, or a 25 percent
reduction in time devoted to the project, by the approved project director or principal
investigator;
iv. The inclusion, unless waived by the Council, of costs that require prior approval in
accordance with 2 C.F.R. part 200 Subpart E—“Cost Principles” or 45 C.F.R. Part 75
Appendix IX “Principles for Determining Costs Applicable to Research and
Development under Awards and Contracts with Hospitals,” or 48 C.F.R. Part 31
“Contract Cost Principles and Procedures,” as applicable;
v. The transfer of funds budgeted for participant support costs as defined in 2 C.F.R. §
200.75 “Participant support costs to other categories of expense”;
vi. The subawarding, transferring or contracting out of any work under a Federal award
unless (a) described in the application and funded in the approved Federal award, or
(b)applicable to the acquisition of supplies, material, equipment or general support
services only; or
vii. Changes in the amount of approved cost-sharing or matching provided by the non-
Federal entity. No other prior approval requirements for specific items may be imposed
unless a deviation has been approved by OMB. See also 2 C.F.R. §§ 200.102
“Exceptions” and 200.407 “Prior written approval.”
3. Both Construction and Non-Construction Activities in Award. If a single award provides support
for construction and non-construction work, the recipient must request prior written approval
from the Grants Officer before making any fund or budget transfers between the two types of
work supported.
b. In accordance with 2 C.F.R. § 200.308(e), transfers of funds by the recipient among direct cost
categories are permitted for awards in which the Federal share of the project is the Simplified
Acquisition Threshold ($150,000 as of 12/26/2013) or less. For awards in which the Federal share of
the project exceeds the Simplified Acquisition Threshold, the recipient must request prior written
approval from the Grants Officer for transfers of funds among direct cost categories when the
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cumulative amount of such direct cost transfers exceeds ten percent of the total budget3 as last
approved by the Grants Officer. The 10% threshold applies to the total Federal funds authorized by
the Grants Officer at the time of the transfer request. The same requirements apply to the cumulative
amount of transfer of funds among programs, functions, and activities. This transfer authority does
not authorize the recipient to create new budget categories within an approved budget without the
prior written approval of the Grants Officer. No transfer that enables any Federal appropriation, or
part thereof, to be used for an unauthorized purpose will be permitted. The foregoing provision does
not prohibit the recipient from requesting Grants Officer approval for revisions to the budget. See 2
C.F.R. § 200.308 (as applicable) for specific requirements concerning budget revisions and transfer of
funds between budget categories.
c. The recipient is not authorized at any time to transfer amounts budgeted for direct costs to the indirect
costs line item or vice versa without the prior written approval of the Grants Officer.
.07 Indirect (Facilities and Administrative [F&A]) Costs
a. Indirect (facilities and administrative [F&A]) costs will not be allowable charges against an award
unless permitted under the award, specifically included as a line item in the award’s approved budget
and consistent with 2 C.F.R. §§ 200.414 “Indirect (F&A) costs” and Subpart E “Cost Principles.”
b. Indirect costs of recipients are subject to the three percent (3%) cap on administrative expenses stated
in 33 U.S.C. § 1321(t)(1)(B)(iii) and 31 C.F.R. § 34.204. The three percent cap on administrative
expenses applies only to recipients and does not flow down to subrecipients.
c. Excess indirect costs may not be used to offset unallowable direct costs.
d. Indirect costs charged must be consistent with the indirect cost rate agreement negotiated between the
non-Federal entity and its cognizant agency (defined as the Federal agency that is responsible for
reviewing, negotiating, and approving cost allocation plans or indirect cost proposals, see 2 C.F.R. §
200.19) and must be included in the recipient’s budget. The Council will accept approved indirect
cost rates unless otherwise authorized by a Federal statute or regulation, or requirements at 2 C.F.R. §
200.414(c) are met.
1. If indirect costs are permitted and the non-Federal entity wishes to include indirect costs in its
budget, but the non-Federal entity has not previously established an indirect cost rate with a
Federal agency, the requirements for determining the relevant cognizant agency and developing
and submitting indirect (F&A) cost rate proposals and cost allocation plans are contained in
Appendices III – VII to 2 C.F.R. Part 200 as follows:
o Appendix III to 2 C.F.R. Part 200 – Indirect (F&A) Costs Identification and Assignment,
and Rate Determination for Institutions of Higher Education (IHEs);
o Appendix IV to 2 C.F.R. Part 200 – Indirect (F&A) Costs Identification and Assignment,
and Rate Determination for Nonprofit Organizations;
o Appendix V to 2 C.F.R. Part 200 – State/Local Governmentwide Central Service Cost
Allocation Plans;
3 The cumulative amount of direct cost transfers is calculated by summing the negative variances between the
approved and proposed budgets. Variance is calculated by subtracting the proposed budget amount for each cost
category from the approved budget amount for the category. Only variances less than zero are totaled. The
cumulative negative variance is then divided by the total grant award budget to determine the percentage transferred,
i.e., cumulative % of transfer(s) = {[Σ (negative variances)] / total award budget} x 100.
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o Appendix VI to 2 C.F.R. Part 200 – Public Assistance Cost Allocation Plans; and
o Appendix VII to 2 C.F.R. Part 200 – States and Local Government and Indian Tribe
Indirect Cost Proposals.
The cognizant agency for governmental units or agencies not specifically identified by OMB will
be determined based on the Federal agency providing the largest amount of Federal funds. See 2
C.F.R. §200.416 “Cost allocation plans and indirect cost proposals.” When the Council is not the
oversight or cognizant Federal agency, the non-Federal entity shall provide the Grants Officer
with a copy of a negotiated rate agreement or a copy of the transmittal letter submitted to the
cognizant or oversight Federal agency requesting a negotiated rate agreement.
2. For those organizations for which the Council is cognizant or has oversight, the Council or its
designee will either negotiate a fixed rate with carry-forward provisions for the non-Federal entity
or, in some instances, will limit its review to evaluating the procedures described in the non-
Federal entity’s cost allocation plan. Indirect cost rates and cost allocation methodology reviews
are subject to future audits to determine actual indirect costs.
3. Within 90 days after the award start date, the non-Federal entity shall submit to the address listed
below documentation (indirect cost proposal, cost allocation plan, etc.) necessary to perform the
review. The non-Federal entity shall provide the Grants Officer with a copy of the transmittal
letter.
Gulf Coast Ecosystem Restoration Council Office
Attn: Senior Grants Management Officer
500 Poydras Street, Suite 1117
New Orleans, LA 70130
If the non-Federal entity fails to submit the required documentation to the Council within 90 days
of the award start date, the Grants Officer may amend the award to preclude the recovery of any
indirect costs under the award. If the Council, oversight or cognizant Federal agency determines
there is a finding of good and sufficient cause to excuse the non-Federal entity’s delay in
submitting the documentation, an extension of the 90-day due date may be approved by the
Grants Officer.
4. The non-Federal entity may use the fixed rate proposed in the indirect cost plan until such time as
the Council provides a response to the submitted plan. Actual indirect costs must be calculated
annually and adjustments made through the carry-forward provision used in calculating the
following year’s rate. This calculation of actual indirect costs and the carry-forward provision is
subject to audit. Indirect cost rate proposals must be submitted annually. Organizations that have
previously established indirect cost rates must submit a new indirect cost proposal to the
cognizant agency within six months after the close of each of the recipients’ fiscal years.
e. The maximum dollar amount of allocable indirect costs for which the Council will reimburse the non-
Federal entity shall be the lesser of:
1. The line item amount for the Federal share of indirect costs contained in the approved award
budget, including all budget revisions approved in writing by the Grants Officer; or
2. The Federal share of the total indirect costs allocable to the award based on the indirect cost rate
approved by a cognizant or oversight Federal Agency for indirect costs and applicable to the
period in which the cost was incurred, provided that the rate is approved in writing on or before
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the award end date, subject to the three percent (3%) cap on administrative expenses provided in
33 U.S.C. § 1321(t)(1)(B)(iii) and 31 C.F.R. § 34.204.
f. In addition, a non-Federal entity that is a State, local government, Indian tribe, institution of higher
education, or nonprofit organization and has never received a negotiated indirect cost rate may elect
to charge a de minimis rate of 10% of modified total direct costs. See also 2 C.F.R. § 200.414(f).
.08 Incurring Costs or Obligating Federal Funds Outside of the
Period of Performance
a. The non-Federal entity shall not incur costs or obligate funds for any purpose pertaining to the
operation of the project, program, or activities beyond the period of performance, i.e., the time during
which the non-Federal entity may incur new obligations to carry out the work authorized under the
Federal award. See 2 C.F.R. §§ 200.77 and 200.309.
1. The Council or pass-through entity must include start and end dates of the period of performance
in the Federal award.
2. All activities supported through an award must occur and be completed during the approved
period of performance, whether funded directly or through a subaward or subcontract, and all
obligated costs must be liquidated within 90 days following the end date of the period of
performance.
3. The only costs which may be authorized for a period of not to exceed 90 days following the end
of the project period are those solely associated with close-out activities. Close-out activities are
limited to the preparation of final progress, financial, and required project audit reports unless
otherwise approved in writing by the Grants Officer. The Grants Officer may approve extensions
of the 90-day closeout period upon a request by the non-Federal entity as provided in 2 C.F.R. §
200.343.
b. Unless otherwise authorized in 2 C.F.R. § 200.343 or a special award condition, any extension of the
project period can only be authorized by the Grants Officer in writing. Verbal or written assurances of
funding from anyone other than the Grants Officer shall not constitute authority to obligate funds for
programmatic activities beyond the end of the project period.
c. Pre-Award Costs. Pre-award costs are those incurred prior to the effective date of the Federal award
directly pursuant to the negotiation and in anticipation of the Federal award where such costs are
necessary for efficient and timely performance of the scope of work. Such costs are allowable only to
the extent that they would have been allowable if incurred after the date of the Federal award and
only with the written approval of the Grants Officer. The recipient must use funds obligated and
disbursed under the award only during the period of performance specified in the award document.
See 2 C.F.R. § 200.458.
d. The Council has no obligation to provide any additional prospective funding. Any amendment of the
award to increase funding and to extend the project period is at the sole discretion of the Council.
.09 Tax Refunds
Refunds of Federal Insurance Contributions Act (FICA) (26 U.S.C. §§ 3101-3128) or Federal
Unemployment Tax Act (FUTA) (26 U.S.C. §§ 3301-3311) taxes received by the non-Federal entity
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during or after the period of performance must be refunded or credited to the Council whenever the
benefits were financed with Federal funds under the award. The non-Federal entity shall contact the
Grants Officer immediately upon receipt of these refunds. The non-Federal entity shall in addition refund
portions of FICA/FUTA taxes determined to belong to the Federal Government, including refunds
received after the period of performance ends.
D. INTERNAL CONTROLS
Consistent with 2 C.F.R. § 200.303, each non-Federal entity:
a. Must establish and maintain effective internal control over the Federal award that provides reasonable
assurance that the non-Federal entity is managing the Federal award in compliance with Federal
statutes, regulations, and the terms and conditions of the Federal award. These internal controls must
be in compliance with guidance in “Standards for Internal Control in the Federal Government”4
issued by the Comptroller General of the United States or the “Internal Control Integrated
Framework,”5 issued by the Committee of Sponsoring Organizations of the Treadway Commission
(COSO).
b. Must comply with Federal statutes, regulations, and the terms and conditions of the Federal award.
c. Must evaluate and monitor the non-Federal entity’s compliance with statute, regulations and the terms
and conditions of Federal award.
d. Must take prompt action when instances of noncompliance are identified including noncompliance
identified in audit findings.
e. Must take reasonable measures to safeguard protected personally identifiable information and other
information the Council or pass-through entity designates as sensitive or the non-Federal entity
considers sensitive consistent with applicable Federal, state and local laws regarding privacy and
obligations of confidentiality.
E. PROPERTY STANDARDS
.01 Standards
The non-Federal entity must comply with the property standards as stipulated in 2 C.F.R. §§ 200.310 to
200.316.
.02 Insurance coverage
Recipients must provide insurance coverage for real property and equipment acquired or improved with
Federal funds equivalent to that provided for property owned by the non-Federal entity. Federally-owned
4 “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States
- http://www.gao.gov/assets/80/76455.pdf, verified on 8/18/2015.
5 “Internal Control Integrated Framework,” issued by the Committee of Sponsoring Organizations of the Treadway
Commission (COSO), Executive Summary - http://www.coso.org/documents/Internal%20Control-
Integrated%20Framework.pdf, verified on 8/18/2015.
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property need not be insured unless required by the terms and conditions of the Federal award. See 2
C.F.R. § 200.310.
.03 Real Property
a. Real property or an interest in real property may not be acquired under an award without prior written
approval of the Grants Officer.
b. Title of real property. Subject to the obligations and conditions set forth in this section, title to real
property acquired or improved under a Federal award will vest upon acquisition in the non-Federal
entity.
c. Use. Except as otherwise provided by Federal statutes or by the Council, real property must be used
for the originally authorized purpose as long as needed for that purpose, during which time the non-
Federal entity must not dispose of or encumber its title or any other interest therein.
d. Willing Sellers. Land or interest in land may only be acquired by purchase, exchange or donation
from a willing seller in accordance with the requirements in 31 C.F.R. § 34.803(f).
e. Federal Acquisitions. Funds may not be used to acquire land in fee title by the Federal Government
unless the exceptions in 31 C.F.R. § 34.803(g) are met.
f. Disposition. When real property is no longer needed for the originally authorized purpose, the non-
Federal entity must obtain disposition instructions from the Council or pass-through entity. The
instructions will provide that the non-Federal entity do one of the following:
1. Retain title after compensating the Council. The amount paid to Council will be computed by
applying the Council's percentage of participation in the cost of the original purchase (and costs
of any improvements) to the fair market value of the property. However, if the non-Federal entity
is disposing of real property acquired or improved with a Federal award and acquiring
replacement real property under the same Federal award, the net proceeds from the disposition
may be used as an offset to the cost of the replacement property.
2. Sell the property and compensate the Council. The amount due to the Council will be calculated
by applying the Council's percentage of participation in the cost of the original purchase (and cost
of any improvements) to the proceeds of the sale after deduction of any actual and reasonable
selling and fixing-up expenses. If the Federal award has not been closed out, the net proceeds
from sale may be offset against the original cost of the property. When the non-Federal entity is
directed to sell property, it must utilize sales procedures that provide for competition to the extent
practicable and result in the highest possible return.
3. Transfer title to the Council or to a third party designated or approved by the Council. The non-
Federal entity is entitled to be paid an amount calculated by applying the non-Federal entity's
percentage of participation in the purchase of the real property (and cost of any improvements) to
the current fair market value of the property.
g. The Grants Officer may require the non-Federal entity to submit the Tangible Personal Property
Report (Form SF-428 or successor form), and/or Real Property Status Report (Form SF-429 or
successor form), including applicable attachments to each form, in connection with the reporting of
tangible personal property or of real property acquired or improved, in whole or in part, under a
Council financial assistance award. The Grants Officer may also require the non-Federal entity to
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submit Form SF-428 and/or Form SF-429, or successor forms, in connection with a non-Federal
entity’s request to acquire, encumber, dispose of, or take any other action pertaining to tangible
personal property or to real property acquired or improved, in whole or in part, under a Council
financial assistance award.
.04 Federally-owned and Exempt Federally-owned Property
a. Title to Federally-owned property6 remains vested in the Federal government. The non-Federal entity
must submit annually an inventory listing of Federally-owned property in its custody to the Grants
Officer. Upon completion of the Federal award or when the property is no longer needed, the non-
Federal entity must report the property to the Grants Officer for further Council utilization. If the
Council has no further need for the property, it must declare the property excess and report it for
disposal to the appropriate Federal disposal authority, unless the Council has statutory authority to
dispose of the property by alternative methods (e.g., the authority provided by the Federal
Technology Transfer Act (15 U.S.C. § 3710 (i)) to donate research equipment to educational and non-
profit organizations in accordance with Executive Order 12999, “Educational Technology: Ensuring
Opportunity for All Children in the Next Century.”). The Council will issue appropriate instructions
to the non-Federal entity. The Council may exercise this option when statutory authority exists.
b. Absent statutory authority and specific terms and conditions of the Federal award, title to exempt
Federally-owned property acquired under the Federal award remains with the Federal government.
c. The Grants Officer may require the non-Federal entity to submit the Tangible Personal Property
Report (Form SF-428 or successor form), and/or Real Property Status Report (Form SF-429 or
successor form), including applicable attachments to each form, in connection with the reporting of
Federally-owned property that is in the non-Federal entity’s custody pursuant to a Council financial
assistance award or with a non-Federal entity’s request to acquire, encumber, dispose of, or take any
other action pertaining to Federally-owned property.
.05 Equipment
a. Recipients must comply with the equipment standards provided in 2 C.F.R. §§ 200.313 “Equipment”
and 200.439 “Equipment and other capital expenditures.”
b. American-Made Equipment and Products. Recipients are hereby notified that they are encouraged, to
the greatest extent practicable, to purchase American-made equipment and products with funding
provided under this award.
c. Use, management, and disposition of equipment acquired.
1. For recipients that are States: The recipient must use, manage and dispose of equipment acquired
under this award in accordance with state laws and procedures.
2. For recipients that are not States: Equipment must be used by the recipient in the program or
project for which it was acquired as long as needed, whether or not the project or program
6 Federally-owned property as defined in 2 C.F.R. § 200.312 means property acquired under a Federal award where
the title vests with the Federal government. Exempt Federally-owned property means property acquired under a
Federal award where the Federal awarding agency has chosen to vest title to the property to the non-Federal entity
without further obligation to the Federal Government, based upon the explicit terms and conditions of the Federal
award.
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continues to be supported by the Federal award. Before disposing of equipment during the period
of performance, the recipient must seek disposition instructions from the Grants Officer for
equipment acquired under this award if the current fair market value of the equipment is greater
than $5,000 per unit. Disposition instructions must be requested by submitting a completed
“Tangible Personal Property Report” (SF-428 or any successor form) and the “Disposition
Request/Report” (SF-428-C or any successor form). In addition, not later than 60 days after the
end of the period of performance, the recipient must submit to the Grants Officer a completed SF-
428 and “Final Report Form” (SF-428-B or any successor form) if the recipient retains any
equipment with a current fair market value greater than $5,000 per unit.
.06 Supplies
a. Title to supplies vests in the non-Federal entity upon acquisition. If residual inventory of unused
supplies exceeds $5,000 in total aggregate value upon termination or completion of the project or
program and the supplies are not needed for any other Federal award, then the non-Federal entity may
retain the supplies for use on other activities or sell them, but must, in either case, compensate the
Federal government for its share. The amount of compensation must be computed in the same manner
as for equipment as prescribed in 2 C.F.R. § 200.313 “Equipment”; see 200.313(e)(2) for the
calculation methodology. See also 2 C.F.R. § 200.453 “Materials and supplies costs, including costs
of computing devices.” The recipient must report the value and the retention or sale of such supplies
by submitting to the Grants Officer a completed “Tangible Personal Property Report” (SF-428 or any
successor form) and “Final Report Form” (SF-428-B or any successor form) no later than 60 days
after the end of the period of performance.
b. As long as the Federal government retains an interest in the supplies, the non-Federal entity must not
use supplies acquired under a Federal award to provide services to other organizations for a fee that is
less than private companies charge for equivalent services, unless specifically authorized by Federal
statute.
.07 Intangible Property
a. Title to intangible7 property acquired under a Federal award vests upon acquisition in the non-Federal
entity.
b. The non-Federal entity must use intangible property for the originally-authorized purpose, and must
not encumber the property without the prior written approval of the Council. When no longer needed
for the originally authorized purpose, disposition of the intangible property must occur in accordance
with the provisions in 2 C.F.R. § 200.313(e).
c. The non-Federal entity may copyright any work that is subject to copyright and was developed, or for
which ownership was acquired, under a Federal award. The Council reserves a royalty-free, perpetual,
nonexclusive and irrevocable license to reproduce, publish, distribute, exhibit, and/or otherwise use
and exploit the work throughout the world in all media now known or hereafter devised, and to
authorize others to do so for Federal purposes.
7 Intangible property as defined by 2 C.F.R. § 200.59 means property having no physical existence, such as
trademarks, copyrights, patents and patent applications and property, such as loans, notes and other debt
instruments, lease agreements, stock and other instruments of property ownership (whether the property is tangible
or intangible).
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d. The non-Federal entity is subject to applicable regulations governing patents and inventions,
including governmentwide regulations issued by the Department of Commerce at 37 C.F.R. part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Awards, Contracts and Cooperative Agreements.”
e. The Federal government has the right, perpetually throughout the world in all media now known or
hereafter devised, to:
1. Obtain, reproduce, publish, distribute, exhibit, and/or otherwise use and exploit the data produced
under a Federal award; and
2. Authorize others to do so for Federal purposes.
f. Freedom of Information Act (FOIA). Pursuant to 2 C.F.R. § 200.315(e), in response to a FOIA
request for research data relating to published research findings8 produced under a Federal award that
were used by the Federal government in developing an agency action that has the force and effect of
law, the Council will request, and the non-Federal entity must provide, within a reasonable time, the
research data9 so that such data can be made available to the public through the procedures
established under the FOIA. If the Council obtains the research data solely in response to a FOIA
request, the Council may charge the requester a reasonable fee equal to the full incremental cost of
obtaining the research data that reflects the costs incurred by the Council and the non-Federal entity.
Pursuant to 5 U.S.C. § 552(a)(4)(A), this fee is in addition to any fees the Council may assess under
the FOIA.
.08 Property Trust Relationship
Real property, equipment and intangible property acquired or improved with a Federal award must be
held in trust by the non-Federal entity as trustee for the beneficiaries of the project or program under
which the property was acquired or improved. The Council may require the non-Federal entity to record
liens or other appropriate notices of record to indicate that personal or real property has been acquired or
improved with a Federal award and that use and disposition conditions apply to the property.
F. PROCUREMENT STANDARDS
Pursuant to 2 C.F.R. § 200.317, when procuring property and services under this Federal award, a State
must follow the same policies and procedures it uses for procurements from its non-Federal funds. The
8 Published research findings (as defined by 2 C.F.R. § 200.315(e)(2)) means findings are published in a peer-
reviewed scientific or technical journal; or a Federal agency publicly and officially cites the research findings in
support of an agency action that has the force and effect of law. Used by the Federal government in developing an
“agency action that has the force and effect of law” is defined as when an agency publicly and officially cites the
research findings in support of an agency action that has the force and effect of law.
9 As defined by 2 C.F.R. § 200.315(e)(3), research data means the recorded factual material commonly accepted in
the scientific community as necessary to validate research findings, but not any of the following: preliminary
analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues.
This “recorded” material excludes physical objects (e.g., laboratory samples). Research data also do not include:
trade secrets, commercial information, materials necessary to be held confidential by a researcher until they are
published, or similar information which is protected under law; and personnel and medical information and similar
information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, such as
information that could be used to identify a particular person in a research study.
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State will comply with 2 C.F.R. § 200.322 “Procurement of recovered materials,” and the State must
ensure that every purchase order or other contract includes any clauses required by section 2 C.F.R. §
200.326 “Contract provisions.” All other non-Federal entities, including subrecipients of a State, will
follow the requirements of 2 C.F.R. §§ 200.318 “General procurement standards” through 200.326
“Contract provisions.”
a. For recipients that are States: When executing procurement actions under the award, the recipient
must follow the same policies and procedures it uses for procurements from its non-Federal funds.
The recipient must ensure that every purchase order or other contract contains any clauses required by
federal statutes and EOs and their implementing regulations, including all of the provisions listed in
Appendix II to 2 C.F.R. Part 200 “Contract Provisions for Non-Federal Entity Contracts under
Federal Awards,” as well as any other provisions required by law or regulations.
b. For recipients that are not States: The recipient must follow all procurement requirements set forth in
2 C.F.R. §§ 200.318, 200.319, 200.320, 200.321, 200.323, 200.324, and 200.325. In addition, all
contracts executed by the recipient to accomplish the approved scope of work must contain any
clauses required by federal statutes and EOs and their implementing regulations, including all of the
provisions listed in Appendix II to 2 C.F.R. Part 200 “Contract Provisions for Non-Federal Entity
Contracts under Federal Awards.”
G. NON-DISCRIMINATION REQUIREMENTS
No person in the United States shall, on the ground of race, color, national origin, handicap, age, religion,
or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under
any program or activity receiving Federal financial assistance. The non-Federal entity shall comply with
the non-discrimination requirements below:
.01 Statutory Provisions
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and any Council regulations and
policies promulgated pursuant to its authority prohibit discrimination on the grounds of race, color, or
national origin under programs or activities receiving Federal financial assistance;
b. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibits discrimination
on the basis of sex under Federally assisted education programs or activities;
c. The Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12101 et seq.) prohibits
discrimination on the basis of disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies thereto, as well as public or
private entities that provide public transportation;
d. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and any Council
regulations and policies promulgated pursuant to its authority prohibit discrimination on the basis of
handicap under any program or activity receiving or benefiting from Federal assistance.
e. Revised ADA Standards for Accessible Design for Construction Awards revised regulations
implementing Title II of the Americans with Disabilities Act (ADA) (28 C.F.R. part 35; 75 FR 56164,
as amended by 76 FR 13285) and Title III of the ADA (28 C.F.R. part 36; 75 FR 56164, as amended
by 76 FR 13286) which adopted new enforceable accessibility standards called the “2010 ADA
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Standards for Accessible Design” (2010 Standards). All new construction and alteration projects shall
comply with the 2010 Standards.
f. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and any Council
regulations and policies promulgated pursuant to its authority prohibit discrimination on the basis of
age in programs or activities receiving Federal financial assistance;
g. Any other applicable non-discrimination law(s).
.02 Other Provisions
a. Parts II and III of EO 11246, “Equal Employment Opportunity,” (30 FR 12319, 1965), as amended by
EO 11375 (32 FR 14303, 1967) and EO 12086 (43 FR 46501, 1978), requiring Federally-assisted
construction contracts to include the nondiscrimination provisions of §§ 202 and 203 of that EO and
Department of Labor regulations implementing EO 11246 (41 C.F.R. § 60-1.4(b), 1991).
b. EO 13166 (August 11, 2000), “Improving Access to Services for Persons With Limited English
Proficiency,” requiring Federal agencies to examine the services provided, identify any need for
services to those with limited English proficiency (LEP), and develop and implement a system to
provide those services so LEP persons can have meaningful access to them.
c. Pilot Program for Enhancement of Employee Whistleblower Protections. The National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. No. 112-239, enacted January 2, 2013
and codified at 41 U.S.C. § 4712) includes a pilot program of whistleblower protection. It applies to
all Council awards, subawards, or contracts under awards issued beginning July 1, 2013 through
January 1, 2017. The following provision implements that law:
In accordance with 41 U.S.C. § 4712, an employee of a non-Federal entity or contractor under a
Federal award or subaward may not be discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing to a person or body information that the employee reasonably believes is
evidence of gross mismanagement of a Federal award, subaward, or a contract under a Federal award
or subaward, a gross waste of Federal funds, an abuse of authority relating to a Federal award or
subaward or contract under a Federal award or subaward, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a Federal award, subaward, or
contract under a Federal award or subaward. These persons or bodies include:
1. A Member of Congress or a representative of a committee of Congress.
2. An Inspector General.
3. The Government Accountability Office.
4. A Federal employee responsible for contract or grant oversight or management at the relevant
agency.
5. An authorized official of the Department of Justice or other law enforcement agency.
6. A court or grand jury.
7. A management official or other employee of the contractor, subcontractor, or grantee who has the
responsibility to investigate, discover, or address misconduct.
Non-Federal entities shall inform their employees in writing of the rights and remedies provided
under 41 U.S.C. § 4712, in the predominant native language of the workforce.
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.03 Title VII Exemption for Religious Organizations
Generally, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., provides that it shall be an
unlawful employment practice for an employer to discharge any individual or otherwise to discriminate
against an individual with respect to compensation, terms, conditions, or privileges of employment
because of such individual’s race, color, religion, sex, or national origin. However, Title VII, 42 U.S.C. §
2000e-1(a), expressly exempts from the prohibition against discrimination on the basis of religion, a
religious corporation, association, educational institution, or society with respect to the employment of
individuals of a particular religion to perform work connected with the carrying on by such corporation,
association, educational institution, or society of its activities.
H. RECORDS RETENTION
a. The recipient must retain all records pertinent to this award for a period of no less than three years,
beginning on a date as described in 2 C.F.R. § 200.333. While electronic storage of records (backed up
as appropriate) is preferable, the recipient has the option to store records in hardcopy (paper) format.
For the purposes of this section, the term “records” includes but is not limited to:
1. Copies of all contracts and all documents related to a contract, including the Request for Proposal
(RFP), all proposals/bids received, all meeting minutes or other documentation of the evaluation
and selection of contractors, any disclosed conflicts of interest regarding a contract, all signed
conflict of interest forms (if applicable), all conflict of interest and other procurement rules
governing a particular contract, and any bid protests;
2. Copies of all subawards, including the funding opportunity announcement or equivalent, all
applications received, all meeting minutes or other documentation of the evaluation and selection
of subrecipients, any disclosed conflicts of interest regarding a subaward, and all signed conflict of
interest forms (if applicable);
3. All documentation of site visits, reports, audits, and other monitoring of contractors (vendors) and
subrecipients (if applicable);
4. All financial and accounting records, including records of disbursements to contractors (vendors)
and subrecipients, and documentation of the allowability of Administrative Costs charged to this
award;
5. All supporting documentation for the performance outcome and other information reported on the
recipient’s Financial Reports and Performance (Technical) Reports; and
6. Any reports, publications, and data sets from any research conducted under this award.
b. If any litigation, claim, investigation, or audit relating to this award or an activity funded with award
funds is started before the expiration of the three year period, the records must be retained until all
litigation, claims, investigations, or audit findings involving the records have been resolved and final
action taken.
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I. AUDITS
a. Under the Government Accounting Office’s authorities (5 U.S.C. § 701 et seq.) and the Inspector
General Act of 1978, as amended, 5 U.S.C. App. 3, § 1 et seq., an audit of the award may be
conducted at any time. The Treasury Office of Inspector General (OIG), Government Accounting
Office (GAO) and the Council are authorized to audit Council awards. See Section 1608 of the
RESTORE Act; and see 31 C.F.R. §§ 34.205, 34.406, 34.508 and 34.805.
b. The Treasury OIG (as specified in the RESTORE Act), or any of his or her duly authorized
representatives, the GAO and the Council shall have timely and unrestricted access to any pertinent
books, documents, papers, and records of the non-Federal entity, whether written, printed, recorded,
produced, or reproduced by any electronic, mechanical, magnetic, or other process or medium, in
order to make audits, inspections, excerpts, transcripts, or other examinations as authorized by law.
c. If the Treasury OIG requires a program audit on a Council award, the OIG will usually make the
arrangements to audit the award, whether the audit is performed by OIG personnel, an independent
accountant under contract with the Council, or any other Federal, state, or local audit entity.
d. The Treasury OIG, the GAO, and the Council shall have the right during normal business hours to
conduct announced and unannounced onsite and offsite physical visits of recipients and their
subrecipients and contractors corresponding to the duration of their records retention obligation for
this award.
.01 Organization-Wide, Program-Specific, and Project Audits
a. Organization-wide or program-specific audits must be performed in accordance with the Single Audit
Act Amendments of 1996, as implemented by 2 C.F.R. part 200, Subpart F, “Audit Requirements.”
Recipients that are subject to the provisions of 2 C.F.R. part 200, Subpart F and that expend $750,000
or more in a year in Federal awards must have an audit conducted for that year in accordance with the
requirements contained in 2 C.F.R. part 200, Subpart F. A copy of the audit shall be submitted to the
Bureau of the Census, which has been designated by OMB as a central clearinghouse, by electronic
submission to the Federal Audit Clearinghouse website.10 If it is necessary to submit by paper, the
address for submission is:
Federal Audit Clearinghouse
Bureau of the Census
1201 E. 10th Street
Jeffersonville, IN 47132
b. Except for the provisions for biennial audits provided in paragraphs (1) and (2) of this section, audits
required must be performed annually. Any biennial audit must cover both years within the biennial
period.
1. A State, local government, or Indian tribe that is required by constitution or statute, in effect on
January 1, 1987, to undergo its audits less frequently than annually, is permitted to undergo its
audits pursuant to this part biennially. This requirement must still be in effect for the biennial
period.
10 Federal Audit Clearinghouse website - http://harvester.census.gov/sac/, verified on 6/5/2015.
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2. Any nonprofit organization that had biennial audits for all biennial periods ending between July
1, 1992, and January 1, 1995, is permitted to undergo its audits pursuant to this part biennially.
c. Council programs may have specific audit guidelines that will be incorporated into the award. When
the Council does not have a program-specific audit guide available for the program, the auditor will
follow the requirements for a program-specific audit as described in 2 C.F.R. § 200.507. The non-
Federal entity may include a line item in the budget for the cost of the audit for approval. A copy of
the program-specific audit shall be submitted to the Grants Officer and to the OIG at
OIGCounsel@oig.treas.gov or if e-mail is unavailable, submission to the OIG can be made at the
following address:
Treasury Office of Inspector General
1500 Pennsylvania Ave. NW
Washington, DC 20220
.02 Audit Resolution Process
a. An audit of the award may result in the disallowance of costs incurred by the non-Federal entity and
the establishment of a debt (account receivable) due the Council. For this reason, the non-Federal
entity should take seriously its responsibility to respond to all audit findings and recommendations
with adequate explanations and supporting evidence whenever audit results are disputed.
b. A non-Federal entity whose award is audited has the following opportunities to dispute the proposed
disallowance of costs and the establishment of a debt:
1. Unless the Inspector General determines otherwise, the non-Federal entity has 30 days after the
date of the transmittal of the draft audit report to submit written comments and documentary
evidence.
2. The non-Federal entity has 30 days after the date of the transmittal of the final audit report to
submit written comments and documentary evidence. There will be no extension of this deadline.
3. The Council will review the documentary evidence submitted by the non-Federal entity and
notify the non-Federal entity of the results in an Audit Resolution Determination Letter. The non-
Federal entity has 30 days after the date of receipt of the Audit Resolution Determination Letter to
submit a written appeal. There will be no extension of this deadline. The appeal is the last
opportunity for the non-Federal entity to submit written comments and documentary evidence
that dispute the validity of the audit resolution determination.
4. An appeal of the Audit Resolution Determination does not prevent the establishment of the audit-
related debt nor does it prevent the accrual of interest on the debt. If the Audit Resolution
Determination is overruled or modified on appeal, appropriate corrective action will be taken
retroactively. An appeal will stay the offset of funds owed by the auditee against funds due to the
auditee.
5. The Council will review the non-Federal entity’s appeal and notify the non-Federal entity of the
results in an Appeal Determination Letter. After the opportunity to appeal has expired or after the
appeal determination has been rendered, the Council will not accept any further documentary
evidence from the non-Federal entity. No other administrative appeals to the Council are
available.
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J. DEBTS
.01 Payment of Debts Owed the Federal Government
a. The non-Federal entity must promptly pay any debts determined to be owed the Federal Government.
Council debt collection procedures are set out in 2 C.F.R. part 200, Subpart D. In accordance with 2
C.F.R. § 200.345, delinquent debt includes any funds paid to the non-Federal entity in excess of the
amount to which the non-Federal entity is finally determined to be entitled under the terms of the
Federal award, constituting a debt to the Federal government (this includes a post-delinquency
payment agreement) unless other satisfactory payment arrangements have been made. In accordance
with 2 C.F.R. § 200.345, failure to pay a debt by the due date, or if there is no due date, within 90
calendar days after demand, shall result in the assessment of interest, penalties and administrative
costs in accordance with the provisions of 31 U.S.C. § 3717 and 31 C.F.R. parts 900 through 999.
The Council will transfer any debt that is more than 180 days delinquent to the Bureau of the Fiscal
Service for debt collection services, a process known as “cross-servicing,” pursuant to 31 U.S.C. §
3711(g), 31 C.F.R. § 285.12 and any Council regulations and policies promulgated pursuant to its
authority, and may result in the Council taking further action as specified in Section B.06 “Non-
Compliance With Award Provisions” Above. Funds for payment of a debt shall not come from other
Federally-sponsored programs. Verification that other Federal funds have not been used will be made
(e.g., during on-site visits and audits).
b. If a non-Federal entity fails to repay a debt within 90 calendar days after the demand, the Council
may reduce the debt by: (1) Making an administrative offset against other requests for
reimbursements; (2) Withholding advance payments otherwise due to the non-Federal entity; or (3)
Other action permitted by Federal statute. See 2 C.F.R. § 200.345(a).
.02 Late Payment Charges
a. Interest shall be assessed on the delinquent debt in accordance with section 3717(a) of the Debt
Collection Act of 1982, as amended (31 U.S.C. § 3701 et seq.). The minimum annual interest rate to
be assessed is the Department of the Treasury’s Current Value of Funds Rate (CVFR).11 The CVFR
is published by the Department of the Treasury in the Federal Register12 and in the Treasury
Financial Manual Bulletin.13 The assessed rate shall remain fixed for the duration of the
indebtedness.
b. Penalties shall accrue at a rate of not more than six percent (6%) per year or such higher rate as
authorized by law.
c. Administrative charges, that is, the costs of processing and handling a delinquent debt, are determined
by the Council.
11 Department of the Treasury’s Current Value of Funds Rate (CVFR) webpage -
https://www.fiscal.treasury.gov/fsreports/rpt/cvfr/cvfr_home.htm, verified 8/18/2015.
12 Federal Register website - http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR and
http://www.federalregister.gov/, verified 8/18/2015.
13 Treasury Financial Manual Bulletin website - http://tfm.fiscal.treasury.gov/v1/bull.html, verified 8/18/2015.
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.03 Effect of Judgment Lien on Eligibility for Federal Grants, Loans,
or Programs
Pursuant to 28 U.S.C. § 3201(e), unless waived by the Council a debtor who has a judgment lien against
the debtor’s property for a debt to the United States shall not be eligible to receive any grant or loan that
is made, insured, guaranteed, or financed directly or indirectly by the United States or to receive funds
directly from the Federal Government in any program, except funds to which the debtor is entitled as
beneficiary, until the judgment is paid in full or otherwise satisfied.
K. GOVERNMENTWIDE DEBARMENT AND SUSPENSION
The non-Federal entity shall comply with the provisions of 2 C.F.R. Part 180, “OMB Guidelines To
Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” which generally prohibit
entities, and their principals, that have been debarred, suspended, or voluntarily excluded from
participating in Federal nonprocurement transactions either through primary or lower tier covered
transactions, and which sets forth the responsibilities of recipients of Federal financial assistance
regarding transactions with other persons, including subrecipients and contractors.
L. LOBBYING RESTRICTIONS
.01 Statutory Provisions
The non-Federal entity shall comply with 2 C.F.R. § 200.450 (“Lobbying”), which incorporates the
provisions of 31 U.S.C. § 1352, the “New Restrictions on Lobbying” published at 55 FR 6736 (February
26, 1990), and OMB guidance and notices on lobbying restrictions. In addition, non-Federal entities must
comply with any Council regulations and policies promulgated pursuant to its authority. These provisions
prohibit the use of Federal funds for lobbying the executive or legislative branches of the Federal
Government in connection with the award, and require the disclosure of the use of non-Federal funds for
lobbying. Executive lobbying costs, i.e., costs incurred in attempting to improperly influence14 either
directly or indirectly an employee or officer of the executive branch of the Federal government to give
consideration or to act regarding a Federal award or a regulatory matter, are unallowable costs. See 2
C.F.R. § 200.450(b) and (c).
.02 Disclosure of Lobbying Activities
The non-Federal entity receiving in excess of $100,000 in Federal funding shall submit a completed
Form SF-LLL or any successor form, “Disclosure of Lobbying Activities,” regarding the use of non-
Federal funds for lobbying. The Form SF-LLL shall be submitted within 30 days following the end of the
calendar quarter in which there occurs any event that requires disclosure or that materially affects the
accuracy of the information contained in any disclosure form previously filed. The non-Federal entity
must submit any required Forms SF-LLL, including those received from subrecipients, contractors, and
subcontractors, to the Grants Officer. See 31 U.S.C. § 1352.
14 To improperly influence means any influence that induces or tends to induce a Federal employee or officer to give
consideration or to act regarding a Federal award or regulatory matter on any basis other than the merits of the
matter.
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M. REMEDIES FOR NONCOMPLIANCE
a. If a non-Federal entity fails to comply with Federal statutes, regulations or the terms and conditions
of a Federal award, the Council or pass-through entity may impose additional conditions, as
described in 2 C.F.R. § 200.207 “Specific conditions” (e.g., requiring additional reporting or more
frequent submission of the Financial or Performance (Technical) Reports; requiring additional
activity, project, or program monitoring; requiring the recipient or one or more of its subrecipients to
obtain technical or management assistance; or establishing additional actions that require prior
approval). If the Council or pass-through entity determines that noncompliance cannot be remedied
by imposing additional conditions, pursuant to 2 C.F.R. § 200.338, the Council or pass-through
entity may take one or more of the following actions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the non-Federal
entity or more severe enforcement action by the Council or pass-through entity.
2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance.
3. Wholly or partly suspend or terminate the Federal award.
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. part 180 and Council
regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated by
the Council).
5. Withhold further Federal awards for the project or program.
6. Take other remedies that may be legally available.
The Council will notify the recipient in writing of the Council’s proposed determination that an
instance of non-compliance has occurred, provide details regarding the instance of noncompliance,
and indicate the remedy that the Council proposes to pursue. The recipient will then have 30 calendar
days to respond and provide information and documentation contesting the Council’s proposed
determination or suggesting an alternative remedy. The Council will consider information provided
by the recipient and issue a final determination in writing, which will state the Council’s final
findings regarding noncompliance and the remedy to be imposed.
b. RESTORE Act-Specific Remedy for Non-compliance
1. If the Council determines that the recipient has expended funds to cover the cost of any ineligible
activities, in addition to the remedies available in this section, the Council, in coordination with
the U.S. Department of Treasury (“Treasury”), will make no additional payments to the recipient
from the RESTORE Trust Fund, including no payments from the RESTORE Trust Fund for
activities, projects, or programs under any other RESTORE Act Component until the recipient
has either (a) deposited an amount equal to the amount expended for the ineligible activities in the
RESTORE Trust Fund, or (b) the Council, in coordination with Treasury, has authorized the
recipient to expend an equal amount from the recipient’s own funds for an activity that meets the
requirements of the RESTORE Act. See 33 U.S.C. § 1321(t)(1)(G) and (H), and see 31 C.F.R. §
34.804 “Noncompliance.”
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2. If the Council determines that the recipient has materially violated the terms of the award, the
Council, in coordination with Treasury, will make no additional funds available to the recipient
from any part of the RESTORE Trust Fund until the recipient corrects the violation.
c. In extraordinary circumstances, the Council may require that any of the remedies above take effect
immediately upon notice in writing to the recipient. In such cases, the recipient may contest the
Council’s determination or suggest an alternative remedy in writing to the Council, and the Council
will issue a final determination.
d. Instead of, or in addition to, the remedies listed above, the Council may refer the noncompliance to
the Treasury OIG for investigation or audit, pursuant to 31 C.F.R. § 34.805 “Treasury Inspector
General.” The Council will refer all allegations of fraud, waste, or abuse to the Treasury OIG.
e. Termination. In accordance with 2 C.F.R. § 200.339, when a Federal award is terminated or partially
terminated, both the Council or pass-through entity and the non-Federal entity remain responsible for
compliance with the requirements in 2 C.F.R. §§ 200.343 “Closeout” and 200.344 “Post-closeout
adjustments and continuing responsibilities.”
1. The Federal award may be terminated in whole or in part as follows:
i. By the Council or pass-through entity, if a non-Federal entity fails to comply with the
terms and conditions of a Federal award;
ii. By the Council or pass-through entity for cause;
iii. By the Council or pass-through entity with the consent of the non-Federal entity, in
which case the two parties will agree upon the termination conditions, including the
effective date and, in the case of partial termination, the portion to be terminated; or
iv. By the non-Federal entity upon sending to the Council or pass-through entity written
notification setting forth the reasons for such termination, the effective date, and, in the
case of partial termination, the portion to be terminated. However, if the Council or pass-
through entity determines in the case of partial termination that the reduced or modified
portion of the Federal award or subaward will not accomplish the purposes for which the
Federal award was made, the Council or pass-through entity may terminate the Federal
award in its entirety.
2. The Council or pass-through entity is required to provide a notice of termination to the non-
federal entity, pursuant to 2 C.F.R. § 200.340:
i. If the Federal award is terminated for the non-Federal entity’s failure to comply with the
Federal statutes, regulations, or terms and conditions of the Federal award, the
notification must state that the termination decision may be considered in evaluating
future applications received from the non-Federal entity.
ii. Upon termination of a Federal award, the Council will provide the information required
under FFATA to the Federal Web site established to fulfill the requirements of FFATA,
and update or notify any other relevant governmentwide systems or entities of any
indications of poor performance as required by 41 U.S.C. § 417b and 31 U.S.C. § 3321
and implementing guidance at 2 C.F.R. part 77. See also 2 C.F.R. part 180 for the
requirements for Suspension and Debarment.
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N. CODES OF CONDUCT AND SUBAWARD, CONTRACT, AND
SUBCONTRACT PROVISIONS
.01 Code of Conduct for Recipients
a. The non-Federal entity must immediately report any indication of fraud, waste, abuse or potential
criminal activity pertaining to grant funds to the Council, Treasury and the Treasury Inspector
General in accordance with the requirements in 31 C.F.R. § 34.803(a).
b. Pursuant to the certification in Form SF-424B, paragraph 3, or equivalent, the non-Federal entity must
maintain written standards of conduct to 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 in the administration of this award.
c. Non-Federal entities must comply with the requirements of 2 C.F.R. § 200.318 “General procurement
standards,” including maintaining written standards of conduct covering conflicts of interest and
governing the performance of its employees engaged in the selection, award and administration of
contracts. No employee, officer or agent shall participate in the selection, award or administration of a
contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer or agent, any member of his or her
immediate family, his or her partner, or an organization which employs or is about to or planning to
employ any of the foregoing parties, has a financial or other interest in or a tangible personal benefit
from a firm considered for a contract. The officers, employees and agents of the non-Federal entity
must neither solicit nor accept any gratuities, favors or anything of monetary value from contractors
or parties to subcontracts. However, non-Federal entities may set written standards of conduct for
circumstances in which the financial interest is not substantial or the gift is an unsolicited item of
nominal value. Such standards must provide for disciplinary actions to be taken for violations of the
standards of conduct by officers, employees or agents of the non-Federal entity.
.02 Applicability of Award Provisions to Subrecipients
a. The non-Federal entity shall require all subrecipients, including lower tier subrecipients, under the
award to comply with the provisions of the award, including applicable cost principles, administrative
provisions, audit requirements, and all associated terms and conditions. See 2 C.F.R. part 200,
Subpart D, “Subrecipient Monitoring and Management” and see 2 C.F.R. § 200.101(b)(1).
Additionally, the non-Federal entity must perform all responsibilities required of a pass-through
entity, as specified in 2 C.F.R. Part 200, including evaluating and documenting a subrecipient’s risk
of noncompliance; providing training and technical assistance necessary to complete the subaward
activities; monitoring the performance of the subrecipient; and taking any necessary enforcement
actions against a noncompliant subrecipient. See 2 C.F.R. § 200.331 “Requirements for pass through
entities.”
b. Prior to dispersing funds to a subrecipient, the recipient must execute a legally-binding written
agreement with the entity receiving the subaward in accordance with the requirements in 31 C.F.R. §
34.803(c). The written agreement shall extend all applicable program requirements to the
subrecipient. The written agreement must include a requirement that the contractor or subrecipient
retain all records in compliance with 2 C.F.R. § 200.333.
c. A non-Federal entity is responsible for subrecipient monitoring, including the following:
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1. Federal Award Identification. The non-Federal entity must ensure that each subaward includes
the following information and applicable compliance requirements at the time of the subaward. If
any of these data elements change, the pass through entity must include the changes in a
subsequent subaward modification. When some of this information is not available, the pass-
through entity must provide the best information available to describe the Federal award and
subaward.
i. Subrecipient name (which must match the registered name in DUNS);
ii. Subrecipient’s DUNS number (see 2 C.F.R. § 200.32 “Data Universal Numbering
System (DUNS) number”);
iii. Federal Award Identification Number (FAIN);
iv. Federal Award Date (see 2 C.F.R. § 200.39 “Federal award date”);
v. Subaward Period of Performance Start and End Date;
vi. Amount of Federal Funds Obligated by this action;
vii. Total Amount of Federal Funds Obligated to the subrecipient;
viii. Total Amount of the Federal Award;
ix. Federal award project description, as required to be responsive to the Federal Funding
Accountability and Transparency Act (FFATA);
x. Name of Federal awarding agency, pass-through entity and contact information for
awarding official;
xi. CFDA Number and Name; the pass-through entity must identify the dollar amount made
available under each Federal award and the CFDA number at time of disbursement;
xii. Identification of whether the award is for research and development (R&D); and
xiii. Indirect cost rate for the Federal award (including whether the de minimis rate is charged
per 2 C.F.R. § 200.414 “Indirect (F&A) costs”).
2. Award Monitoring. The non-Federal entity is responsible for oversight of the operations of the
Federal award supported activities. The non-Federal entity must monitor its activities under
Federal awards to assure that compliance with applicable Federal requirements and performance
expectations are being achieved. Monitoring by the non-Federal entity must cover each program,
function or activity. See 2 C.F.R. §§ 200.328 “Monitoring and reporting program performance,”
and 200.331 “Requirements for pass-through entities.” The non-Federal entity shall monitor
activities of the subrecipient through reporting, site visits, regular contact, or other means, as
necessary to ensure that the subaward is used solely for authorized purposes, in compliance with
Federal statutes, regulations and the terms and conditions of the subaward; and that subaward
performance goals are achieved. Pass-through entity monitoring of the subrecipient must include:
i. Reviewing financial and programmatic reports required by the pass-through entity.
ii. Following-up and ensuring that the subrecipient takes timely and appropriate action on all
deficiencies pertaining to the Federal award provided to the subrecipient from the pass-
through entity detected through audits, on-site reviews, and other means.
iii. Issuing a management decision for audit findings pertaining to the Federal award
provided to the subrecipient from the pass-through entity as required by 2 C.F.R. §
200.521 “Management decision.”
3. Subrecipient Audits. The non-Federal entity is responsible for ensuring that subrecipients
expending $750,000 or more in Federal awards during the subrecipient’s fiscal year have met the
audit requirements of 2 C.F.R. part 200, Subpart F, “Audit Requirements,” and that the required
audits are completed within nine (9) months after the end of the subrecipient’s audit period. In
addition, the non-Federal entity is required to issue a management decision on audit findings
within six (6) months after receipt of the subrecipient’s audit report, and to ensure that the
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subrecipient takes timely and appropriate corrective action on all audit findings. Pursuant to 2
C.F.R. § 200.505, in cases of continued inability or unwillingness to have an audit conducted in
accordance with this part, Federal agencies and pass-through entities must take appropriate action
as provided in 2 C.F.R. § 200.338 “Remedies for noncompliance.”
.03 Competition and Codes of Conduct for Subawards
a. Unless otherwise approved in writing in advance by the Grants Officer, all subawards will be made in
a manner to provide, to the maximum extent practicable, open and free competition in accordance
with the requirements of 2 C.F.R. §§ 200.317 through 200.326 “Procurement Standards.” The non-
Federal entity must be alert to organizational conflicts of interest as well as other practices among
subrecipients that may restrict or eliminate competition. In order to ensure objective subrecipient
performance and eliminate unfair competitive advantage, subrecipients that develop or draft work
requirements, statements of work, or requests for proposals shall be excluded from competing for
such subawards.
b. The non-Federal entity must maintain written standards of conduct covering conflicts of interest and
governing the performance of its employees engaged in the selection, award and administration of
contracts. No employee, officer, or agent must participate in the selection, award, or administration of
a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or agent, any member of his or her
immediate family, his or her partner, or an organization which employs or is about to or planning to
employ any of the foregoing parties, has a financial or other interest in or a tangible personal benefit
from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity
shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or
parties to subcontracts. However, non-Federal entities may set standards of conduct for circumstances
in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.
Such standards must provide for disciplinary actions to be taken for violations of the standards of
conduct by officers, employees or agents of the non-Federal entity.
c. If the non-Federal entity has a parent, affiliate or subsidiary organization that is not a State, local
government or Indian tribe, the non-Federal entity must also maintain written standards of conduct
covering organizational conflicts of interest, wherein relationships with a parent company, affiliate or
subsidiary organization cause the non-Federal entity to be or appear to be unable to be impartial in
conducting a procurement action involving such related organization.
d. A financial interest may include employment, stock ownership, a creditor or debtor relationship, or
prospective employment with the organization selected or to be selected for a subaward. An
appearance of impairment of objectivity may result from an organizational conflict where, because of
other activities or relationships with other persons or entities, a person is unable or potentially unable
to render impartial assistance or advice. It may also result from non-financial gain to the individual,
such as benefit to reputation or prestige in a professional field.
.04 Applicability of Provisions to Subawards, Contracts, and
Subcontracts
a. The non-Federal entity shall include the following notice in each request for applications or bids for a
subaward, contract, or subcontract, as applicable:
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Applicants or bidders for a lower tier covered transaction (except procurement contracts for goods
and services under $25,000 not requiring the consent of a Council official) are subject to 2 C.F.R.
Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).” In addition, applicants or bidders for a lower tier covered transaction for a
subaward, contract, or subcontract greater than $100,000 of Federal funds at any tier are subject to
relevant statutes, including among others, the provisions of 31 U.S.C. 1352, as well as the common
rule, “New Restrictions on Lobbying,” published at 55 FR 6736 (February 26, 1990), including
definitions, and the Office of Management and Budget “Governmentwide Guidance for New
Restrictions on Lobbying,” and notices published at 54 FR 52306 (December 20, 1989), 55 FR 24540
(June 15, 1990), 57 FR 1772 (January 15, 1992), and 61 FR 1412 (January 19, 1996).
When the recipient makes a subaward to a subrecipient that is authorized to enter into contracts for
the purpose of completing the subaward scope of work, the recipient must require the subrecipient to
comply with the requirements contained in this section.
b. Pursuant to 2 C.F.R. Appendix II to part 200, “Contract Provisions for Non-Federal Entity Contracts
Under Federal Awards,” and in addition to other provisions required by the Federal agency or non-
Federal entity, all contracts made by the non-Federal entity under the Federal award must contain
provisions covering the following, as applicable:
1. Contracts for more than the Simplified Acquisition Threshold ($150,000 as of 12-26-2013),
which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council
and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908,
must address administrative, contractual or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as appropriate.
2. All contracts in excess of $10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be effected and the basis for settlement.
3. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. part 60, all
contracts that meet the definition of “Federally assisted construction contract” in 41 C.F.R. part
60-1.3 must include the equal opportunity clause provided under 41 C.F.R. 60-1.4(b), in
accordance with EO 11246, “Equal Employment Opportunity” (30 F.R. 12319, 12935, 3 C.F.R.
part, 1964-1965 Comp., p. 339), as amended by EO 11375, “Amending Executive Order 11246
Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60,
“Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor.”
4. Davis-Bacon Act. When required by Federal program legislation, all prime construction contracts
in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with
the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department
of Labor regulations (29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction”). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-Federal entity must
place a copy of the current prevailing wage determination issued by the Department of Labor in
each solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-Federal entity must report all suspected or
reported violations to the Council. The contracts must also include a provision for compliance
with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of
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Labor regulations (29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act
provides that each contractor or subrecipient must be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non-Federal entity must
report all suspected or reported violations to the Council.
5. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and
3704, as supplemented by Department of Labor regulations (29 C.F.R. part 5). Under 40 U.S.C. §
3702 of the Act, each contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental,
or research work under that “funding agreement,” the non-Federal entity or subrecipient must
comply with the requirements of 37 C.F.R. part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency.
7. Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42
U.S.C. § 6201).
8. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 C.F.R.
§ 180.220) must not be made to parties listed on the governmentwide Excluded Parties List
System in the System for Award Management (SAM), in accordance with the OMB guidelines at
2 C.F.R. part 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and
12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” The Excluded Parties
List System in SAM15 contains the names of parties debarred, suspended, or otherwise excluded
by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
9. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). Contractors that apply or bid for an award
of $100,000 or more must file the required certification, a “Disclosure of Lobbying Activities”
(Form SF-LLL or successor form). Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
15 System for Award Management (SAM) website - https://www.sam.gov, verified 8/18/2015.
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contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier-to-tier up to the Federal award recipient. The Form SF-
LLL must be submitted within 15 days following the end of the calendar quarter in which there
occurs any event that requires disclosure or that materially affects the accuracy of the information
contained in any disclosure form previously filed. The non-Federal entity must submit all
disclosure forms received, including those that report lobbying activity on its own behalf, to the
Grants Officer within 30 days following the end of the calendar quarter.
10. Procurement of recovered materials (section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act). A state agency or agency of a political
subdivision of a State and its contractors must comply with requirements of Section 6002
including procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase
price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11. Pilot Program for Enhancement of Employee Whistleblower Protections. The National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. No. 112-239, enacted January 2,
2013 and codified at 41 U.S.C. § 4712) includes a pilot program of whistleblower protection. It
applies to all Council awards, subawards, or contracts under awards issued beginning July 1,
2013 through January 1, 2017. Non-Federal entities and contractors under Federal awards and
subawards shall inform their employees in writing of the rights and remedies provided under 41
U.S.C. § 4712, in the predominant native language of the workforce. See section G.02 (c) of this
document.
c. The recipient must include in its legal agreement or contract with the subrecipient a requirement that
the subrecipient make available to the Council, the Treasury OIG, and the GAO any documents,
papers or other records, including electronic records, of the subrecipient, that are pertinent to this
award, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such
documents. This right also includes timely and reasonable access to the subrecipient’s personnel for
the purpose of interview and discussion related to such documents. This right of access shall continue
as long as records are required to be retained.
d. The recipient and any subrecipients, contractors, or subcontractors must comply with provisions of
the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328), as applicable, which limit the political
activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
e. When contracting, the non-Federal entity must take all necessary affirmative steps, as prescribed in 2
C.F.R. § 200.321(b), to assure that minority businesses, women’s business enterprises, and labor
surplus area firms are used when possible.
.05 Subaward and/or Contract to a Federal Agency
a. The non-Federal entity, subrecipient, contractor, and/or subcontractor shall not sub-grant or
sub-contract any part of the approved project to any agency or employee of the Council and/or other
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Federal department, agency, or instrumentality without the prior written approval of the Grants
Officer.
b. Requests for approval of such action must be submitted in writing to the Grants Officer. The Grants
Officer will notify the non-Federal entity in writing of the final determination.
O. AMENDMENTS AND CLOSEOUT
a. Amendments to an award must be requested in writing and require the written approval of the Grants
Officer. The recipient must provide an explanation for the reason an amendment is requested. The
Council reserves the right to amend the terms of the award when required by law or regulation.
b. The non-Federal entity must comply with the closeout requirements as stipulated in 2 C.F.R. §
200.343. Closeout of the award does not affect any of the post-closeout adjustments and continuing
responsibilities under 2 C.F.R. § 200.344.
P. ENVIRONMENTAL COMPLIANCE
Environmental impacts must be considered by Federal decision-makers in deciding whether or not to
approve: (1) a proposal for Federal assistance; (2) such proposal with mitigation; or (3) a different
proposal having less adverse environmental impacts. Federal environmental laws require that the funding
agency initiate an early planning process that considers potential impacts that projects funded with
Federal assistance may have on the environment. Non-Federal entities must comply with all applicable
environmental laws, regulations and policies. Additionally, recipients may be required to assist the
Council in complying with laws, regulations and policies applicable to Council actions. Laws,
regulations, and policies potentially applicable to Council actions and/or recipients may include but are
not limited to the statutes and EOs listed below. The Council does not make independent determinations
of compliance with laws such as the Clean Water Act. Rather, the Council may require a recipient to
provide information to the Council to demonstrate that the recipient has complied with or will comply
with all such requirements. In some cases, if additional information is required after an application is
selected, funds may be withheld by the Grants Officer under a special award condition requiring the
recipient to submit additional information sufficient to enable the Council to make an assessment
regarding compliance with applicable environmental laws, regulations and policies.
If a recipient is permitted to make any subawards, the recipient must include all of the environmental
statutes, regulations and EOs listed below in any agreement or contract with a subrecipient, and require
the subrecipient to comply with all of these and to notify the recipient if the subrecipient becomes aware
of any impact on the environment that was not noted in the recipient’s approved application package.
.01 The National Environmental Policy Act (42 U.S.C. § 4321 et seq.)
Council approval of financial assistance awards may be subject to the environmental review requirements
of the National Environmental Policy Act (NEPA). In such cases, recipients of financial assistance awards
may be required to assist the Council in complying with NEPA. For example, applicants may be required
to assist the Council by providing information on a proposal’s potential environmental impacts, or
drafting or supplementing an environmental assessment or environmental impact statement if the Council
determines such documentation is required. Independent of the Council’s responsibility to comply with
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NEPA, where appropriate, projects or programs funded by the Council may trigger Federal agency NEPA
compliance duties involving a separate Federal action, such as the issuance of a Federal permit.
.02 The Endangered Species Act (16 U.S.C. § 1531 et seq.)
Council approval of financial assistance for project implementation is subject to compliance with section
7 of the Endangered Species Act (ESA). Recipients must identify any impact or activities that may
involve a Federally-listed threatened or endangered species, or their designated critical habitat. Section 7
of the ESA requires every Federal agency to ensure that any action it authorizes, funds or carries out, in
the United States or upon the high seas, is not likely to jeopardize the continued existence of any listed
species or result in the destruction or adverse modification of designated critical habitat. Federal agencies
have the responsibility for ensuring that a protected species or habitat does not incur adverse effects from
actions taken under Federal assistance awards, and for conducting the required consultations with the
National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service under the Endangered
Species Act, as applicable.
.03 Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. § 1801 et seq.)
Recipients of financial assistance awards must identify to the Council any effects the award may have on
essential fish habitat (EFH). Federal agencies which fund, permit, or carry out activities that may
adversely impact EFH are required to consult with NMFS regarding the potential effects of their actions,
and respond in writing to NMFS recommendations. These recommendations may include measures to
avoid, minimize, mitigate, or otherwise offset adverse effects on EFH. In addition, NMFS is required to
comment on any state agency activities that would impact EFH. Provided the specifications outlined in
the regulations are met, EFH consultations will be incorporated into interagency procedures previously
established under NEPA, the Endangered Species Act, Clean Water Act, Fish and Wildlife Coordination
Act, or other applicable statutes.
.04 Clean Water Act Section 404 (33 U.S.C. § 1344 et seq.)
Clean Water Act (CWA) Section 404 regulates the discharge of dredged or fill material into waters of the
United States, including wetlands. Activities in waters of the United States regulated under this program
include fill for development, water resource projects (such as levees and some coastal restoration
activities), and infrastructure development (such as highways and airports). CWA Section 404 requires a
permit from the U.S. Army Corps of Engineers before dredged or fill material may be discharged into
waters of the United States, unless the activity is exempt from Section 404 regulation (e.g., certain
farming and forestry activities).
.05 The Migratory Bird Treaty Act (16 U.S.C. §§ 703-712), Bald and
Golden Eagle Protection Act (16 U.S.C. § 668 et seq.), and
Executive Order No. 13186, Responsibilities of Federal Agencies
to Protect Migratory Birds
A number of prohibitions and limitations apply to projects that adversely impact migratory birds and bald
and golden eagles. Executive Order 13186 directs Federal agencies to enter a Memorandum of
Understanding with the U.S. Fish and Wildlife Service to promote conservation of migratory bird
populations when a Federal action will have a measurable negative impact on migratory birds.
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.06 National Historic Preservation Act (16 U.S.C. § 470 et seq.)
Council approval of financial assistance awards may be subject to Section 106 of the National Historic
Preservation Act (NHPA). In such cases, recipients of financial assistance awards may be requested to
assist the Council in identifying any adverse effects the award may have on properties included on or
eligible for inclusion on the National Register of Historic Places. Pursuant to 36 C.F.R. § 800.2(c)(4),
applicants and recipients may also be requested to assist the Council in initiating consultation with State
or Tribal Historic Preservation Officers, Indian tribes, Native Hawaiian Organizations or other applicable
interested parties as necessary to the Council’s responsibilities to identify historic properties, assess
adverse effects to them, and determine ways to avoid, minimize or mitigate adverse effects on historic
properties.
Pursuant to guidelines issued by the National Park Service under the Abandoned Shipwreck Act (43
U.S.C. §§ 2101-2106), state and Federal agencies whose activities may disturb, alter, damage, or destroy
State-owned shipwrecks must take into account the effect of the proposed activity on any state-owned
shipwreck and afford the state agencies assigned management responsibility for state-owned shipwrecks a
reasonable opportunity to comment on the proposed activity.
.07 Clean Air Act (42 U.S.C. § 7401 et seq.), Federal Water Pollution
Control Act (33 U.S.C. § 1251 et seq.) (Clean Water Act), and
Executive Order 11738 (“Providing for administration of the
Clean Air Act and the Federal Water Pollution Control Act with
respect to Federal contracts, grants or loans”)
Recipients must comply with the provisions of the Clean Air Act (42 U.S.C. §§ 7401 et seq.), Clean
Water Act (33 U.S.C. §§ 1251 et seq.), and Executive Order 11738. Recipients shall not use a facility that
the Environmental Protection Agency (EPA) has placed on EPA’s List of Violating Facilities (this list is
incorporated into the Excluded Parties List System which is part of SAM) in performing any award that is
nonexempt under subpart J of 2 C.F.R. part 1532.
.08 The Flood Disaster Protection Act (42 U.S.C. § 4002 et seq.)
Flood insurance, when available, is required for Federally-assisted construction or acquisition in areas
having special flood hazards and flood-prone areas. When required, recipients will ensure that flood
insurance is secured for their project(s).
.09 Executive Order 11988 (“Floodplain Management”), Executive
Order 13690 (“Establishing a Federal Flood Risk Management
Standard and a Process for Further Soliciting and Considering
Stakeholder Input”), and Executive Order 11990 (“Protection of
Wetlands”)
Recipients must identify proposed actions located in a floodplain and/or wetlands to enable the Council to
determine whether there is an alternative to minimize any potential harm. Floodplains are identified
through a climate-informed science approach, adding 2-3 feet of elevation to the 100-year floodplain, or
using the 500-year floodplain.
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.10 Executive Order 13112 (“Invasive Species”)
Federal agencies must identify actions that may affect the status of invasive species and use relevant
programs and authorities to: (i) prevent the introduction of invasive species; (ii) detect and respond
rapidly to and control populations of such species in a cost-effective and environmentally sound manner;
(iii) monitor invasive species populations accurately and reliably; (iv) provide for restoration of native
species and habitat conditions in ecosystems that have been invaded; (v) conduct research on invasive
species and develop technologies to prevent introduction and provide for environmentally sound control
of invasive species; and (vi) promote public education on invasive species and the means to address them.
In addition, an agency may not authorize, fund, or carry out actions that it believes are likely to cause or
promote the introduction or spread of invasive species in the United States or elsewhere.
.11 The Coastal Zone Management Act (16 U.S.C. § 1451 et seq.)
Federally funded projects must be consistent with a coastal state’s approved management program for the
coastal zone.
.12 The Coastal Barriers Resources Act (16 U.S.C. § 3501 et seq.)
Only in certain circumstances may Federal funding be provided for actions within a Coastal Barrier
System. The Coastal Barriers Resources Act generally prohibits new Federal expenditures, including
Federal grants, within specific units of the Coastal Barrier Resources System (CBRS). Although the Act
restricts Federal expenditures for coastal barrier development, Section 6(a)(6)(A) contains an exemption
for projects relating to the study, management, protection, or enhancement of fish and wildlife resources
and habitats, including recreational projects. Section 6(a)(6)(G) also exempts nonstructural projects for
shoreline stabilization that are designed to mimic, enhance or restore natural stabilization systems.
However, care must be taken when interpreting any exemptions described, as they are limited to projects
that are consistent with the purpose of this Act as interpreted by the lead agency, Department of Interior.
Applicants should work with the U.S. Fish and Wildlife Service, which reviews proposals to determine
whether a project falls within a protected unit and if so, whether an exception applies. Maps of the CBRS
are available through the interactive U.S. Fish and Wildlife Service Coastal Barrier Resources System
Mapper.16
.13 The Wild and Scenic Rivers Act (16 U.S.C. § 1271 et seq.)
This Act applies to awards that may affect existing or proposed components of the National Wild and
Scenic Rivers system. Funded projects in the National Wild and Scenic Rivers system must be consistent
with Wild and Scenic Rivers Act requirements.
.14 The Safe Drinking Water Act (42 U.S.C. § 300 et seq.)
The Sole Source Aquifer program under this statute precludes Federal financial assistance for any project
that the EPA determines may contaminate a designated sole source aquifer through a recharge zone so as
to create a significant hazard to public health.
16 U.S. Fish and Wildlife Service Interactive Coastal Barrier Resources System Mapper -
http://www.fws.gov/cbra/Maps/Mapper.html, verified 8/18/2015.
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.15 The Resource Conservation and Recovery Act (42 U.S.C. § 6901
et seq.)
This act regulates the generation, transportation, treatment, and disposal of hazardous wastes, and also
provides that recipients of Federal funds that are state agencies or political subdivisions of states give
preference in their procurement programs to the purchase of recycled products pursuant to EPA
guidelines.
.16 The Comprehensive Environmental Response, Compensation,
and Liability Act (Superfund) (42 U.S.C. § 9601 et seq.)
The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (42 U.S.C. §
9601 et seq.), as amended by the Community Environmental Response Facilitation Act, provides the
President with broad, discretionary response authorities to address actual and threatened releases of
hazardous substances, as well as pollutants and contaminants where there is an imminent and substantial
danger to public health and the environment. Section 103 of this Act contains specific reporting
requirements and responsibilities and section 117 of the Act contains specific provisions designed to
ensure meaningful public participation in the response process.
.17 Executive Order 12898 (“Environmental Justice in Minority
Populations and Low Income Populations”)
This Order identifies and addresses adverse human health or environmental effects of programs, policies
and activities on low income and minority populations. Consistent with EO 12898, recipients may be
requested to help identify and address, as appropriate, disproportionate impacts to low income and
minority populations which could result from their project.
.18 Rivers and Harbors Act (33 U.S.C. 407)
A permit may be required from the U.S. Army Corps of Engineers if the proposed activity involves any
work in, over or under navigable waters of the United States. Recipients must identify any work
(including structures) that will occur in, over or under navigable waters of the United States and obtain
the appropriate permit, if applicable.
.19 Marine Protection, Research and Sanctuaries Act (Pub. L. 92-
532, as amended), National Marine Sanctuaries Act (16 U.S.C.
1431 et seq.), and Executive Order 13089 (“Coral Reef
Protection”)
The Marine Protection, Research and Sanctuaries Act prohibits dumping of material into ocean waters
beyond the territorial limit without a permit. Recipients must identify any potential ocean dumping of
materials, obtain the appropriate permit, if applicable, and notify the Council. Under the National Marine
Sanctuaries Act, Federal agencies are required to protect National Marine Sanctuary resources. Recipients
must identify actions that are in or may affect a National Marine Sanctuary and notify the Council. EO
13089 requires that any actions authorized or funded by Federal agencies not degrade the condition of
coral reef ecosystems. Recipients must identify any action that might affect a coral reef ecosystem and
notify the Council.
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.20 Executive Order 13653 (“Preparing the United States for the
Impacts of Climate Change”)
This EO requires Federal agencies to identify and support smarter, more climate-resilient investments by
States, local communities and tribes, including by providing incentives through agency guidance and
grants. Recipients must identify and describe any project elements that promote climate resilience.
.21 Farmland Protection Policy Act (7 U.S.C. 4201 et seq.)
This act requires agency programs, to the extent possible, be compatible with state, local and private
programs and policies to protect farmland from irreversible conversion to nonagricultural uses. Recipients
must identity any irreversible conversion of farmland to nonagricultural uses as a result of their project.
.22 Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.)
During the planning of water resource development projects, agencies are required to give fish and
wildlife resources equal consideration with other values. Additionally, the Fish and Wildlife Service and
fish and wildlife agencies of States must be consulted whenever waters of any stream or other body of
water are “proposed or authorized, permitted or licensed to be impounded, diverted… or otherwise
controlled or modified” by any agency under a Federal permit or license.
Q. MISCELLANEOUS REQUIREMENTS
.01 Criminal and Prohibited Activities
a. The Program Fraud Civil Remedies Act (31 U.S.C. § 3801 et seq.), provides for the imposition of
civil penalties against persons who make false, fictitious or fraudulent claims to the Federal
Government for money (including money representing grants, loans or other benefits).
b. The False Claims Amendments Act and the False Statements Act (18 U.S.C. §§ 287 and 1001,
respectively), provide that whoever makes or presents any false, fictitious or fraudulent statement,
representation or claim against the United States shall be subject to imprisonment of not more than
five years and shall be subject to a fine in the amount provided by 18 U.S.C. § 287.
c. The Civil False Claims Act (31 U.S.C. § 3729 et seq.), provides that suits can be brought by the
government, or a person on behalf of the government, for false claims made under Federal assistance
programs.
d. The Copeland “Anti-Kickback” Act (18 U.S.C. § 874), prohibits a person or organization engaged in
a Federally-supported project from enticing an employee working on the project from giving up a part
of his compensation under an employment contract. The Copeland “Anti-Kickback” Act also applies
to contractors and subcontractors pursuant to 40 U.S.C. § 3145.
.02 Political Activities
The non-Federal entity must comply, as applicable, with provisions of the Hatch Act (5 U.S.C.
§§1501-1508) which limit the political activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
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.03 Drug-Free Workplace
The non-Federal entity shall comply with the provisions of the Drug-Free Workplace Act of 1988
(Pub. L. No. 100-690, Title V, Sec. 5153, as amended by Pub. L. No. 105-85, Div. A, Title VIII, Sec.
809, as codified at 41 U.S.C. § 8102) and any Council regulations and policies promulgated pursuant to
its authority, which require that the non-Federal entity take steps to provide a drug-free workplace.
.04 Foreign Travel
a. The non-Federal entity may not use funds from this award for travel outside of the United States
unless the Grants Officer provides prior written approval. The non-Federal entity shall comply with
the provisions of the Fly America Act (49 U.S.C. § 40118). The implementing regulations of the Fly
America Act are found at 41 C.F.R. §§ 301-10.131 through 301-10.143.
b. The Fly America Act requires that Federal travelers and others performing U.S. Government-financed
air travel must use U.S. flag air carriers, to the extent that service by such carriers is available.
Foreign air carriers may be used only in specific instances, such as when a U.S. flag air carrier is
unavailable, or use of U.S. flag air carrier service will not accomplish the agency’s mission.
c. One exception to the requirement to fly U.S. flag carriers is transportation provided under a bilateral
or multilateral air transport agreement, to which the United States Government and the government of
a foreign country are parties, and which the Department of Transportation has determined meets the
requirements of the Fly America Act pursuant to 49 U.S.C. § 40118(b). The United States
Government has entered into bilateral/multilateral “Open Skies Agreements” (U.S. Government
Procured Transportation) that allow Federally-funded transportation services for travel and cargo
movements to use foreign air carriers under certain circumstances. There are multiple “Open Skies
Agreements” currently in effect. For more information about the current bilateral and multilateral
agreements, visit the GSA website.17 Information on the Open Skies agreements (U.S. Government
Procured Transportation) and other specific country agreements may be accessed via the Department
of State’s website.18
d. If a foreign air carrier is anticipated to be used for any portion of travel under a Council financial
assistance award the non-Federal entity must obtain prior written approval from the Grants Officer.
When requesting such approval, the non-Federal entity must provide a justification in accordance
with guidance provided by 41 C.F.R. § 301-10.142, which requires the non-Federal entity to provide
the Grants Officer with the following: name; dates of travel; origin and destination of travel; detailed
itinerary of travel; name of the air carrier and flight number for each leg of the trip; and a statement
explaining why the non-Federal entity meets one of the exceptions to the regulations. If the use of a
foreign air carrier is pursuant to a bilateral agreement, the non-Federal entity must provide the Grants
Officer with a copy of the agreement or a citation to the official agreement available on the GSA
website. The Grants Officer shall make the final determination and notify the non-Federal entity in
writing. Failure to adhere to the provisions of the Fly America Act will result in the non-Federal
entity not being reimbursed for any transportation costs for which the non-Federal entity improperly
used a foreign air carrier.
17 GSA Fly America Act website - http://www.gsa.gov/portal/content/103191, verified 8/18/2015.
18 Department of State Open Skies Agreements website - http://www.state.gov/e/eb/tra/ata/index.htm, verified
8/18/2015.
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.05 Increasing Seat Belt Use in the United States
Pursuant to EO 13043, recipients should encourage employees and contractors to enforce on-the-job seat
belt policies and programs when operating company-owned, rented or personally owned vehicles.
.06 Research Involving Human Subjects
a. All proposed research involving human subjects must be conducted in accordance with 15 C.F.R. part
27 “Protection of Human Subjects.” No research involving human subjects is permitted under this
award unless expressly authorized by special award condition, or otherwise in writing by the Grants
Officer.
b. Federal policy defines a human subject as a living individual about whom an investigator conducting
research obtains (1) data through intervention or interaction with the individual, or (2) identifiable
private information. Research means a systematic investigation, including research development,
testing and evaluation, designed to develop or contribute to generalizable knowledge.
c. Department of Commerce regulations at 15 C.F.R. part 27, applying to all Federal departments and
agencies, require that recipients maintain appropriate policies and procedures for the protection of
human subjects. In the event it becomes evident that human subjects may be involved in this project,
the non-Federal entity shall submit appropriate documentation to the Federal Program Officer for
approval by the appropriate Council officials. This documentation may include:
1. Documentation establishing approval of the project by an institutional review board (IRB)
approved for Federal-wide use under Department of Health and Human Services guidelines (see
also 15 C.F.R. § 27.103);
2. Documentation to support an exemption for the project under 15 C.F.R. § 27.101(b);
3. Documentation to support deferral for an exemption or IRB review under 15 C.F.R. § 27.118;
4. Documentation of IRB approval of any modification to a prior approved protocol or to an
informed consent form.
d. No work involving human subjects may be undertaken or conducted, or costs incurred and/or charged
for human subjects research, until the appropriate documentation is approved in writing by the Grants
Officer. Notwithstanding this prohibition, work may be initiated or costs incurred and/or charged to
the project for protocol or instrument development related to human subjects research.
.07 Federal Employee Expenses
Federal agencies are generally barred from accepting funds from a non-Federal entity to pay
transportation, travel or other expenses for any Federal employee. Use of award funds (Federal or non-
Federal) or the non-Federal entity’s provision of in-kind goods or services, for the purposes of
transportation, travel or any other expenses for any Federal employee may raise appropriation
augmentation issues. In addition, Council policy prohibits the acceptance of gifts, including travel
payments for Federal employees, from recipients or applicants, regardless of the source.
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.08 Minority Serving Institutions Initiative
Pursuant to EOs 13555 (“White House Initiative on Educational Excellence for Hispanics”), 13270
(“Tribal Colleges and Universities”), and 13532 (“Promoting Excellence, Innovation, and Sustainability
at Historically Black Colleges and Universities”), the Council is strongly committed to broadening the
participation of minority serving institutions (MSIs) in its financial assistance programs. The Council’s
goals include achieving full participation of MSIs in order to advance the development of human
potential, strengthen the Nation’s capacity to provide high-quality education, and increase opportunities
for MSIs to participate in and benefit from Federal financial assistance programs. The Council encourages
all recipients to include meaningful participation of MSIs. Institutions eligible to be considered MSIs are
listed on the Department of Education website.
.09 Research Misconduct
The Council adopts, and applies to financial assistance awards for research, the Federal Policy on
Research Misconduct (Federal Policy) issued by the Executive Office of the President’s Office of Science
and Technology Policy on December 6, 2000 (65 FR 76260). As provided for in the Federal Policy,
research misconduct refers to the fabrication, falsification or plagiarism in proposing, performing or
reviewing research, or in reporting research results. Research misconduct does not include honest errors
or differences of opinion. Non-Federal entities that conduct extramural research funded by the Council
must foster an atmosphere conducive to the responsible conduct of sponsored research by safeguarding
against and resolving allegations of research misconduct. Non-Federal entities also have the primary
responsibility to prevent, detect and investigate allegations of research misconduct and, for this purpose,
may rely on their internal policies and procedures, as appropriate, to do so. Federal award funds expended
on an activity that is determined to be invalid or unreliable because of research misconduct may result in
appropriate enforcement action under the award, up to and including award termination and/or suspension
or debarment. The Council requires that any allegation that contains sufficient information to proceed
with an inquiry be submitted to the Grants Officer, who will also notify the Treasury OIG of such
allegation. Once the non-Federal entity has investigated the allegation, it shall submit its findings to the
Grants Officer. The Council may accept the non-Federal entity’s findings or proceed with its own
investigation. The Grants Officer will inform the non-Federal entity of the Council’s final determination.
.10 Publications, Videos, Signage and Acknowledgment of
Sponsorship
a. Publication of results or findings in appropriate professional journals and production of video or other
media is encouraged as an important method of recording, reporting and otherwise disseminating
information and expanding public access to Federally-funded projects (e.g., scientific research).
b. Recipients are required to submit a copy of any publication materials, including but not limited to
print, recorded or Internet materials, to the Council.
c. When releasing information related to a funded project, recipients must include a statement that the
project or effort undertaken was or is sponsored by the Council.
d. Any signage produced with funds from the award or informing the public about the activities funded
in whole or in part by the award, must first be approved in writing by the Grants Officer.
e. Recipients are responsible for assuring that every publication of material based on, developed under,
or otherwise produced under a Council financial assistance award, except scientific articles or papers
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appearing in scientific, technical or professional journals, contains the following disclaimer or other
disclaimer approved in writing by the Grants Officer:
This [report/video/etc.] was prepared by [non-Federal entity name] using Federal funds under award
[number] from the RESTORE Council. The statements, findings, conclusions, and recommendations
are those of the author(s) and do not necessarily reflect the views of the RESTORE Council.
.11 Care and Use of Live Vertebrate Animals
Recipients must comply with the Laboratory Animal Welfare Act of 1966, as amended, (Pub. L. No. 89-
544, 7 U.S.C. § 2131 et seq.) (animal acquisition, transport, care, handling, and use in projects), and
implementing regulations, 9 C.F.R. Parts 1, 2, and 3; the Endangered Species Act (16 U.S.C. § 1531 et
seq.); Marine Mammal Protection Act (16 U.S.C. § 1361 et seq.) (taking possession, transport, purchase,
sale, export or import of wildlife and plants); the Nonindigenous Aquatic Nuisance Prevention and
Control Act (16 U.S.C. § 4701 et seq.) (ensure preventive measures are taken or that probable harm of
using species is minimal if there is an escape or release); and all other applicable statutes pertaining to the
care, handling and treatment of warm-blooded animals held for research, teaching or other activities
supported by Federal financial assistance. No research involving vertebrate animals is permitted under
any Council financial assistance award without the prior written approval of the Grants Officer.
.12 Homeland Security Presidential Directive 12
If the performance of a grant award requires non-Federal entity personnel to have routine access to
Federally-controlled facilities and/or Federally-controlled information systems (for purpose of this term
“routine access” is defined as more than 180 days), such personnel must undergo the personal identity
verification credential process. In the case of foreign nationals, the Council will conduct a check with
U.S. Citizenship and Immigration Services’ (USCIS) Verification Division, a component of the
Department of Homeland Security (DHS), to ensure that the individual is in a lawful immigration status
and that he or she is eligible for employment within the United States. Any items or services delivered
under a financial assistance award shall comply with the Council personal identity verification procedures
that implement Homeland Security Presidential Directive 12, “Policy for a Common Identification
Standard for Federal Employees and Contractors,” FIPS PUB 201, and OMB Memorandum M-05-24.
The non-Federal entity shall ensure that its subrecipients and contractors (at all tiers) performing work
under this award comply with the requirements contained in this term. The Grants Officer may delay final
payment under an award if the subrecipient or contractor fails to comply with the requirements provided
below. The non-Federal entity shall insert the following term in all subawards and contracts when the
subaward non-Federal entity or contractor is required to have routine physical access to a Federally-
controlled facility or routine access to a Federally-controlled information system:
a. The subrecipient or contractor shall comply with the Council personal identity verification
procedures identified in the subaward or contract that implement Homeland Security Presidential
Directive 12 (HSPD-12), Office of Management and Budget (OMB) Guidance M-05-24, as amended,
and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended,
for all employees under this subaward or contract who require routine physical access to a
Federally-controlled facility or routine access to a Federally-controlled information system.
b. The subrecipient or contractor shall account for all forms of Government-provided identification
issued to the subrecipient or contractor employees in connection with performance under this
subaward or contract. The subrecipient or contractor shall return such identification to the issuing
agency at the earliest of any of the following, unless otherwise determined by the Council: (1) When
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no longer needed for subaward or contract performance; (2) Upon completion of the subrecipient or
contractor employee’s employment; or (3) Upon subaward or contract completion or termination.
.13 Compliance with Department of Commerce Bureau of Industry
and Security Export Administration Regulations
a. This clause applies to the extent that this financial assistance award involves access to export-
controlled items.
b. In performing this financial assistance award, the non-Federal entity may gain access to items subject
to export control (export-controlled items) under the Export Administration Regulations (EAR). The
non-Federal entity is responsible for compliance with all applicable laws and regulations regarding
export-controlled items, including the EAR’s deemed exports and reexports provisions. The non-
Federal entity shall establish and maintain effective export compliance procedures at Council and
non-Council facilities throughout performance of the financial assistance award. At a minimum, these
export compliance procedures must include adequate controls of physical, verbal, visual, and
electronic access to export-controlled items, including by foreign nationals.
c. Definitions
1. Export-controlled items. Items (commodities, software, or technology), that are subject to the
EAR (15 C.F.R. §§ 730-774), implemented by the Department of Commerce’s Bureau of
Industry and Security. These are generally known as “dual-use” items, items with both a military
and commercial application.
2. Deemed Export/Reexport. The EAR defines a deemed export as a release of export-controlled
items (specifically, technology or source code) to a foreign national in the U.S. Such release is
“deemed” to be an export to the home country of the foreign national. 15 C.F.R. § 734.2(b)(2)(ii).
A release may take the form of visual inspection, oral exchange of information, or the application
abroad of knowledge or technical experience acquired in the U.S. If such a release occurs abroad,
it is considered a deemed reexport to the foreign national’s home country. Licenses may be
required for deemed exports or reexports.
d. The non-Federal entity shall control access to all export-controlled items that it possesses or that
comes into its possession in performance of this financial assistance award, to ensure that access to,
or release of, such items are restricted, or licensed, as required by applicable Federal laws, EOs,
and/or regulations, including the EAR.
e. As applicable, non-Federal entity personnel and associates at Council sites shall be informed of any
procedures to identify and protect export-controlled items.
f. To the extent the non-Federal entity wishes to provide foreign nationals with access to export-
controlled items, the non-Federal entity shall be responsible for obtaining any necessary licenses,
including licenses required under the EAR for deemed exports or deemed reexports.
g. Nothing in the terms of this financial assistance award is intended to change, supersede, or waive the
requirements of applicable Federal laws, EOs or regulations.
h. Compliance with the foregoing will not satisfy any legal obligations the non-Federal entity may have
regarding items that may be subject to export controls administered by other agencies such as the
Department of State, which has jurisdiction over exports of munitions items subject to the
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International Traffic in Arms Regulations (ITAR) (22 C.F.R. §§ 120-130), including releases of such
items to foreign nationals.
i. The non-Federal entity shall include this Subsection .13, including this Subparagraph i, in all lower
tier transactions (subawards, contracts, and subcontracts) under this financial assistance award that
may involve access to export-controlled items.
.14 The Trafficking Victims Protection Act of 2000 (22 U.S.C.
7104(g)), as amended, and the implementing regulations at 2
C.F.R. part 175
The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance provided to
a private entity, without penalty to the Federal Government, if the non-Federal entity engages in certain
activities related to trafficking in persons. The Council incorporates the following award term required by
2 C.F.R. § 175.15(b).19
Award Term from 2 C.F.R. § 175.15(b):
I. Trafficking in persons.
a. Provisions applicable to a non-Federal entity that is a private entity.
1. You as the non-Federal entity, your employees, subrecipients under this award, and
subrecipients’ employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award
is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if
you or a subrecipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a.1 of this award term through conduct
that is either— (A) Associated with performance under this award; or (B) Imputed to you
or the subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as
implemented by our agency at 2 C.F.R. Part 1326, “Nonprocurement Debarment and
Suspension.”
b. Provision applicable to a non-Federal entity other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a
private entity—
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term;
or
2. Has an employee who is determined by the agency official authorized to terminate the award
to have violated an applicable prohibition in paragraph a.1 of this award term through
conduct that is either—
i. Associated with performance under this award; or
19 See 2 C.F.R. § 175.15(b) - http://www.gpo.gov/fdsys/pkg/CFR-2012-title2-vol1/pdf/CFR-2012-title2-vol1-
sec175-15.pdf, verified 8/18/2015.
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ii. Imputed to the subrecipient using the standards and due process for imputing the conduct
of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 1326,
“Nonprocurement Debarment and Suspension.”
c. Provisions applicable to any non-Federal entity.
1. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this
award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you
make to a private entity.
d. Definitions. For purposes of this award term:
1. Employee means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of
the project or program under this award; or
ii. ii. Another person engaged in the performance of the project or program under this award
and not compensated by you including, but not limited to, a volunteer or individual
whose services are contributed by a third party as an in-kind contribution toward cost
sharing or matching requirements.
2. Forced labor means: labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
3. Private entity:
i. Means any entity other than a State, local government, Indian tribe, or foreign public
entity, as those terms are defined in 2 C.F.R. 175.25;
ii. Includes: (A) A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the definition of
Indian tribe at 2 C.F.R. 175.25(b); and (B) A for-profit organization.
4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the
meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
.15 The Federal Funding Accountability and Transparency Act of
2006 (“Transparency Act” or FFATA)—Public Law 109-282, as
amended by section 6202(a) of Public Law 110-252 (31 U.S.C.
6101)
a. Searchable Website Requirements. The Federal Funding Accountability and Transparency Act of
2006 (FFATA) requires information on Federal awards (Federal financial assistance and
expenditures) be made available to the public via a single, searchable website. This information is
available at the USA Spending website.20 Recipients and subrecipients must include the following
required data elements in their application:
20 USASpending.gov website - www.USASpending.gov, verified 8/18/2015.
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• Name of entity receiving award;
• Award amount;
• Transaction type, funding agency, Catalog of Federal Domestic Assistance Number, and
descriptive award title;
• Location of entity, primary location of performance (City/State/Congressional
District/Country); and
• Unique identifier of entity.
b. Reporting Subawards and Executive Compensation. Prime grant recipients awarded a new Federal
grant greater than or equal to $25,000 on or after October 1, 2010, other than those funded by the
Recovery Act, are subject to FFATA subaward reporting requirements as outlined in the OMB
guidance issued August 27, 2010. The prime non-Federal entity is required to file a FFATA subaward
report by the end of the month following the month in which the prime non-Federal entity awards any
sub-grant greater than or equal to $25,000. See Pub. L. No. 109-282, as amended by section 6202(a)
of Pub. L. No. 110-252 (see 31 U.S.C. 6101 note). The reporting requirements are located in
Appendix A of 2 C.F.R. Part 170.21
Award Term from Appendix A of 2 C.F.R. Part 170:
I. Reporting Subawards and Executive Compensation.
a. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you
must report each action that obligates $25,000 or more in Federal funds that does not
include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and
Reinvestment Act of 2009, Pub. L. 111–5) for a subaward to an entity (see definitions in
paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1 of this award term
to the FFATA Subaward Reporting System (FSRS).22
ii. For subaward information, report no later than the end of the month following the
month in which the obligation was made. (For example, if the obligation was made
on November 7, 2010, the obligation must be reported by no later than December 31,
2010.)
3. What to report. You must report the information about each obligating action that the
submission instructions posted at the FSRS website specify.
b. Reporting Total Compensation of Non-Federal Entity Executives.
1. Applicability and what to report. You must report total compensation for each of your
five most highly compensated executives for the preceding completed fiscal year, if—
i. the total Federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and
21 2 C.F.R. § 170.320 on GPO website - http://www.gpo.gov/fdsys/pkg/CFR-2011-title2-vol1/pdf/CFR-2011-title2-
vol1-part170-appA.pdf, verified 8/18/2015.
22 Federal Funding Accountability and Transparency Act Subaward Reporting System - http://www.fsrs.gov,
verified 8/18/2015.
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iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total
compensation filings.23)
2. Where and when to report. You must report executive total compensation described in
paragraph b.1 of this award term:
i. As part of your registration profile in the System for Award Management (SAM),24
and
ii. By the end of the month following the month in which this award is made, and
annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of
this award term, for each first-tier subrecipient under this award, you shall report the
names and total compensation of each of the subrecipient’s five most highly compensated
executives for the subrecipient’s preceding completed fiscal year, if—
i. In the subrecipient’s preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts), and Federal financial assistance subject to the
Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total
compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation
described in paragraph c.1. of this award term:
i. To the non-Federal entity.
ii. By the end of the month following the month during which you make the subaward.
For example, if a subaward is obligated on any date during the month of October of a
given year (i.e., between October 1 and 31), you must report any required
compensation information of the subrecipient by November 30 of that year.
d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total
compensation of the five most highly compensated executives of any subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 C.F.R. part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization;
23 U.S. Security and Exchange Commission Executive Compensation “Fast Facts” -
http://www.sec.gov/answers/execomp.htm, verified on 8/18/2015.
24 System for Award Management (SAM) - https://www.sam.gov, verified on 8/18/2015.
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v. A Federal agency, but only as a subrecipient under an award or subaward to a non-
Federal entity.
2. Executive means officers, managing partners, or any other employees in management
positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award and
that you as the non-Federal entity award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry
out the project or program (for further explanation, see 2 C.F.R. § 200.330).
iii. A subaward may be provided through any legal agreement, including an agreement
that you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the non-Federal entity) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive
during the non-Federal entity’s or subrecipient’s preceding fiscal year and includes the
following (for more information see 17 C.F.R. 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year
in accordance with the Statement of Financial Accounting Standards No. 123
(Revised 2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group
life, health, hospitalization or medical reimbursement plans that do not discriminate
in favor of executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and
actuarial pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the executive exceeds $10,000.
c. System for Award Management (SAM) and Universal Identifier requirements.
1. Requirement for SAM. Unless you are exempted from this requirement under 2 C.F.R. § 25.110,
you as the recipient must maintain the currency of your information in the SAM until you submit
the final financial report required under this award or receive the final payment, whichever is
later. This requires that you review and update the information at least annually after the initial
registration, and more frequently if required by changes in your information or another award
term.
2. Requirement for unique entity identifier. If you are authorized to make subawards under this
award, you:
i. Must notify potential subrecipients that no entity (see definition in paragraph C of this
award term) may receive a subaward from you unless the entity has provided its unique
entity identifier to you.
ii. May not make a subaward to an entity unless the entity has provided its unique entity
identifier to you.
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3. Definitions for purposes of this award term:
i. System for Award Management (SAM) means the Federal repository into which an entity
must provide information required for the conduct of business as a recipient. Additional
information about registration procedures may be found at the System for Award
Management Internet site.25
ii. Unique entity identifier means the identifier required for SAM registration to uniquely
identify business entities.
iii. Entity, as it is used in this award term, means all of the following, as defined at 2 C.F.R.
part 25, subpart C:
(A) A Governmental organization, which is a State, local government, or Indian
Tribe;
(B) A foreign public entity;
(C) A domestic or foreign nonprofit organization;
(D) A domestic or foreign for-profit organization; and
(E) A Federal agency, but only as a subrecipient under an award or subaward to a
non-Federal entity.
iv. Subaward:
(A) This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award
and that you as the non-Federal entity award to an eligible subrecipient.
(B) The term does not include your procurement of property and services needed to
carry out the project or program (for further explanation, see 2 C.F.R. § 200.330).
(C) A subaward may be provided through any legal agreement, including an
agreement that you consider a contract.
v. Subrecipient means an entity that:
(A) Receives a subaward from you under this award; and
(B) Is accountable to you for the use of the Federal funds provided by the subaward.
.16 Federal Financial Assistance Planning During a Funding Hiatus
or Government Shutdown
This term sets forth initial guidance that will be implemented for Federal assistance awards in the event of
a lapse in appropriations, or a government shutdown. The Grants Officer may issue further guidance prior
to an anticipated shutdown.
a. Unless there is an actual rescission of funds for specific grant obligations, recipients of Federal
financial assistance awards for which funds have been obligated generally will be able to continue to
perform and incur allowable expenses under the award during a funding hiatus. Recipients are
advised that ongoing activities by Federal employees involved in grant administration (including
payment processing) or similar operational and administrative work cannot continue when there is a
funding lapse. Therefore, there may be delays, including payment processing delays, in the event of a
shutdown.
b. All award actions will be delayed during a government shutdown; if it appears that a non-Federal
entity’s performance under a grant or cooperative agreement will require agency involvement,
direction or clearance during the period of a possible government shutdown, the Program Officer or
25 System for Award Management (SAM) - https://www.sam.gov, verified on 8/18/2015.
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Grants Officer, as appropriate, may attempt to provide such involvement, direction, or clearance prior
to the shutdown or advise recipients that such involvement, direction, or clearance will not be
forthcoming during the shutdown. Accordingly, recipients whose ability to withdraw funds is subject
to prior agency approval, which in general are recipients that have been designated high risk,
recipients of construction awards, or are otherwise limited to reimbursements or subject to agency
review, will be able draw funds down from the relevant Automatic Standard Application for Payment
(ASAP) account only if agency approval is given and coded into ASAP prior to any government
shutdown or closure. This limitation may not be lifted during a government shutdown. Recipients
should plan to work with the Grants Officer to request prior approvals in advance of a shutdown
wherever possible. Recipients whose authority to draw down award funds is restricted may decide to
suspend work until the government reopens.
c. The ASAP system may remain operational during a government shutdown. As applicable, recipients
that do not require Council approval to draw down advance funds from their ASAP accounts may be
able to do so during a shutdown. The 30-day limitation on the drawdown of advance funds will apply
notwithstanding a government shutdown and advanced funds held for more than 30 days shall be
returned with interest.
R. CERTIFICATIONS
At a minimum, the non-Federal entity must comply with the certifications and requirements in 31 C.F.R.
§ 34.802, assurances (Forms SF-424B and SF-424D, or equivalent, as applicable), and any required
Council-specific certifications. Other certifications may be required by 2 C.F.R. part 200. Certifications
must be signed by an authorized senior official of the entity receiving grant funds who can legally bind
the organization or entity, and who has oversight for the administration and use of the funds in question.
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ATTACHMENT J
RESERVED
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Contract Number: 582-23-45420
ATTACHMENT K
BUCKET 3 REPORTING REQUIREMENTS
This attachment incorporates all reporting requirements and forms from the execution of the grant contract
to the termination of the project. Please use these required forms when submitting your information and
always submit in pdf format to RestoreGrants@tceq.texas.gov. Include Project Name and which federal
form is being submitted (FSR, PPR, Milestones Report or Metrics Report, and Close Out).
Federal Funding Accountability and Transparency Act (FFATA) Reporting (Attachment E):
Required for signature with contract.
Due Monthly on the 10th:
Financial Status Report (FSR) (Attachment C). This form is used for both invoicing and reporting,
even if there is not an invoice associated.
Performance Report (PPR) (Attachment H) – This report is required to detail performance of the project
and the reporting dates are detailed above.
Due Quarterly on the 10th: January, April, July, October
Milestones Report (Attachment M) – This report is required to detail how the milestones for the project
are being met and is attached as a template only. Project specific milestones will be provided to the
subgrantee after the post-award meeting.
Metrics Report (Attachment O) – This report is required to detail the success measures for the project
and is attached as a template only. Project specific Metrics report will be provided to the subgrantee
after the post-award meeting.
As needed:
Close Out Documentation - Performing Party must submit all final documentation including final
invoice(s); backup for costs requested to be reimbursed; release of claims; final reports (accepted by
TCEQ); inventory of any unused supplies and equipment with a present value over $5,000.
Due by the 45th calendar day after the subgrant end date (expiration date).
Time is of the essence to comply with this deadline as TCEQ will be required to meet close out deadlines
for the award established by RESTORE Council.
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9a. GRANTEE NAME AND ADDRESS
ENVIRONMENTAL QUALITY, TEXAS COMMISSION ON
12100 Park Thirty Five Cir
Austin, TX 78753-1808
9b. GRANTEE PROJECT DIRECTOR
Ms. Brenda Allred
P.O. Box 13087 MC-100
Austin, TX 78711-3087
Phone: 512-239-0269
10a. GRANTEE AUTHORIZING OFFICIAL
Mr. Toby Baker
PO Box 13087 MC-183
Austin, TX 78711-3087
Phone: [NO PHONE RECORD]
11. APPROVED BUDGET (Excludes Direct Assistance)
I Financial Assistance from the Federal Awarding Agency Only
II Total project costs including grantfunds and all other financial participation
10b. FEDERAL PROJECT OFFICER
Bridget Zachary
500 Poydras St
Gulf Coast Ecosystem Restoration Council
New Orleans, LA 70130-3319
Phone: 504-232-3750
ALL AMOUNTS ARE SHOWN IN USD
12. AWARD COMPUTATION
--
II
a. Amount of Federal Financial Assistance (from item 11m)
b. Less Unobligated Balance From Prior Budget Periods
c. Less Cumulative Prior Award(s) This Budget Period
d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION
13. Total Federal Funds Awarded to Date for Project Period
I
23,680,000.00
0.00
0.00
23,680,000.00
23,680,000.00
14. RECOMMENDED FUTURE SUPPORT
I
(Subject to the availability of funds and satisfactoryprogress of the project):
YEAR
a. 2
b. 3
c. 4
TOTAL DIRECT COSTS YEAR
d. 5
e. 6
f. 7
TOTAL DIRECT COSTS
15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
ALTERNATIVES:
a.
.b. .
C.
d.
DEDUCTION
ADDITIONAL OOSTS
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Contract Number: 582-23-45420
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Contract Number: 582-23-45420
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Contract Number: 582-23-45420
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Contract Number: 582-23-45420
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Contract Number: 582-23-45420
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Contract Number: 582-23-45420
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Contract Number: 582-23-45420
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Contract Number: 582-23-45420
11. APPROVED BUDGET (Excludes Direct Assistance)
I Financial Assistance from the Federal Awarding Agency Only
II Total project costs including grant funds and all other financial participation II
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
Salaries and Wages
12. AWARD COMPUTATION
a. Amount of Federal Financial Assistance (from item 11m)
b. Less Unobligated Balance From Prior Budget Periods
c. Less Cumulative Prior Award(s) This Budget Period
d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION
Fringe Benefits
Total Personnel Costs
Equipment
Construction
Other
………………..................
………………..................
.…...….……
…………………………….
…………………………….
…………………………….
…………………………….
…………………………….
…………………….………
262,496.00
101,953.00
13. Total Federal Funds Awarded to Date for Project Period
23,680,000.00
0.00
23,680,000.00
0.00
23,680,000.00
364,449.00
0.00
14. RECOMMENDED FUTURE SUPPORT
(Subject to the availability of funds and satisfactory progress of the project):
Supplies 135.00
YEAR
a. 2
b. 3
c. 4
TOTAL DIRECT COSTS YEAR
d. 5
e. 6
f. 7
TOTAL DIRECT COSTS
Travel 9,600.00
0.00
135.00 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
Texas Commission on Environmental Quality Page 139 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
AWARD ATTACHMENTS
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY GNSSP22TX0035-01-01
1. Amendment Attachments
1 | Page
Texas Commission on Environmental Quality Page 140 of 151 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
AMENDED SPECIAL AWARD CONDITIONS
The following documents are incorporated in this award by reference:
☒ GULF COAST ECOSYSTEM RESTORATION COUNCIL FINANCIAL ASSISTANCE STANDARD
TERMS AND CONDITIONS (AUGUST 2015), available at www.restorethegulf.gov
☒ 2 CFR PART 200, UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS, AS ADOPTED PURSUANT TO 2 CFR § 5900.101 (2021), AND TECHNICAL
CORRECTIONS AT 86 FR 10439 (FEBRUARY 22, 2021)
This award incorporates by reference and gives effect to the most recent data available in the GrantSolutions
system for the following item:
☒ BUDGET NARRATIVE
This award incorporates by reference and gives effect to the most recent data available in the PIPER system for
the following items:
☒ PROJECT NARRATIVE
☒ OBSERVATIONAL DATA PLAN
☒ MILESTONES
☒ METRICS
☒ OTHER Beaumont Riverfront Park Workplan
GCERC Internal Financial Codes:
FY 2022 - Cat B 6013 - Cost Pool GCCSTTX000
CAM1 GCCGCOMRESIL
CAM2 GCCOTHERWSXX
CAM3 GCCPCOMRESIL
Special Award Conditions are amended to add the following Non-Federal Subrecipient Share
Requirement which is applied to the Beaumont Riverfront Park Project.
All other terms and conditions included in the original award remain in effect including SC-2 for
additional workplans.
8. Non-Federal Subrecipient Share Requirement
The budget under this Amendment includes project-related costs committed by the non-federal recipient,
referred to as the non-federal share, which are described in the attached budget narrative. The non-
federal share is not a statutory requirement of the RESTORE Act (33 U.S.C. 1321(t) and note), but it is
required to complete the project and has been voluntarily committed by the recipient under this award
and therefore meets the definition of cost share or matching in 2 CFR §200.1. Under §200.1, non-federal
share funding must meet the criteria of §200.306(b). Non-federal share funding will be used for
construction of the bulkhead at Beaumont Riverfront Park. The non-federal share must be paid out
proportionally under the subrecipient agreement using a predetermined percentage. The predetermined
AMENDMENT NOTES
2 | Page
Texas Commission on Environmental Quality Page 141 of 151 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
AMENDED FUNDING AUTHORIZATION
percentage is the amount of the non-federal share provided under the subrecipient agreement
($2,916,000.00) divided by the subrecipent’s total project cost ($8,316,000), or 35.06%. In addition, the
Recipient will report on non-federal share expenditures throughout the period of performance.
Supplemental Condition SC-2 Has been met for the Beaumont Riverfront Park project.
Amount of
Financial
Assistance
Amount of
Funding
Restriction
Amount of
Funding Added
to Award
Amount
Authorized for
ASAP Account
Notes
$23,680,000.00 $17,765,487.00 $5,914,513.00 $5,400,000.00 is being
released for the Beaumont
Riverfront PArk project.
Texas Commission on Environmental Quality Page 142 of 151 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
Milestone Name: No changes
Milestone Type: No changes
Status: Update as necessary
Start Date: If the expected start date has changed, enter the new value. If work on the milestone has commenced, enter the actual value.
Expected Date: If the expected end date has changed, enter the new value. If work on the milestone has ended, enter the actual value.
Percent Complete: Update as necessary
Planned Amount: No changes
Estmated Spent: Update as necessary with the estimated amount spend toward completing the milestone.
Is Deliverable: No changes
Description: No changes
Progress Summary: Enter a short summary describing the progress made toward the milestone, if applicable.
ATTACHMENT M
RESTORE Act Milestones Report – RESTORE Council
Project Name: Grant Award:
Submission Type: Financial Report Date Prepared Reporting Period:
#
Milestone Name Milestone
Type
Status Start Date Expected
Date
Percent
Complete
Planned
Amount ($)
Estimated
Spent ($)
Is
Deliverable
Description Progress Summary/Activites and Deliverables (In‐Progress
or Completed)
1
2
3
4
5
6
7
8
9
10
Please update the columns under the yellow headers.
Financial Reporting Instructions
As part of Financial Reporting, subrecipients are required to provide updated Status , Percent Complete , Estimated Spent , Start Date , Expected Date , and Progress
Summary values for each milestone that was submitted at the time of application. If changes to other values are necessary, or if you need to add or delete milestones,
contact the TCEQ for assistance.
Texas Commission on Environmental Quality Page 143 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ATTACHMENT N
ASSURANCES - CONSTRUCTION PROGRAMS
Background: TCEQ, on behalf of Texas, submitted an application to the RESTORE Council
(Council) for federal financial assistance to fund subgrantee’s project. As a requirement in the
application, TCEQ made certain assurances to Council concerning subgrantee’s project. These
assurances are directly related to and dependent upon subgrantee’s performance. As a condition of
TCEQ’s funding subgrantee’s project, TCEQ requires the flow down of these assurances to
subgrantee through this document. This document must be signed and returned by subgrantee with
the executed Subgrant Contract.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have
questions, please contact TCEQ. Further, certain Federal assistance awarding agencies may
require additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the subgrantee, I certify that the subgrantee:
1. Has the legal authority to receive Federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-Federal share of project costs)
to ensure proper planning, management and completion of project described in this
application.
2. Will give the TCEQ, RESTORE Council, the Comptroller General of the United States and,
if appropriate, the State, the right to examine all records, books, papers, or documents
related to the assistance; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title or other
interest in the site and facilities without permission and instructions from the awarding
agency. Will record the Federal awarding agency directives and will include a covenant in
the title of real property acquired in whole or in part with Federal assistance funds to assure
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 progressive reports and such other information as may be
required by the assistance awarding agency or State.
Texas Commission on Environmental Quality Page 144 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
6. Will initiate and complete the work within the applicable time frame after receipt of
approval of TCEQ and the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.
§§4728-4763) relating to prescribed standards of merit systems for programs funded under
one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
§§4801 et seq.) which prohibits the use of lead-based 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 of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20
U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended
(29) U.S.C. §794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f)
the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any
other nondiscrimination provisions in the specific statue(s) under which application for
Federal assistance is being made; and (j) the requirements of any other nondiscrimination
statue(s) which may apply to the application.
11. Will comply, or has already complied, as applicable, with the requirements of Titles II and III
of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal and federally-assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of
Federal participation in purchases.
Texas Commission on Environmental Quality Page 145 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40
U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C.
§874), and the Contract Work Hours and Safety Standards Act (40 U.S.C.
§§327- 333) regarding labor standards for federally-assisted construction subagreements.
14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be prescribed pursuant to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant
to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988;
(e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16
U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation
Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related
to protecting components or potential components of the national wild and scenic rivers
system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification
and protection of historic properties), and the Archaeological and Historic Preservation Act
of 1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of
States, Local Governments, and Non-Profit Organizations."
Texas Commission on Environmental Quality Page 146 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
19. Will comply with all applicable requirements of all other Federal laws, executive
orders, regulations, and policies governing this program.
20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection
Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients
or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the
period of time that the award is in effect (2) Procuring a commercial sex act during the
period of time that the award is in effect or (3) Using forced labor in the performance of the
award or subawards under the award.
Signature of Authorized Certifying Official
Title
Name of Subgrantee Organization
Date
Texas Commission on Environmental Quality Page 147 of 151 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ATTACHMENT O
RESTORE Act Metrics Report – RESTORE Council
Applicant/Grantee:
Grant Project Title:
Primary Eligible Activity:
Primary Comprehensive Plan Goal:
Primary Comprehensive Plan Objective:
Reporting Period Ending*:
Metric Metric Name Description Baseline Current* Target* Status/Next Steps*
*Yellow fields indicate areas the subrecipient will be reporting on quarterly, if updates are applicable to the current reporting period.
OMB Approval No. 1505-0250
Texas Commission on Environmental Quality Page 148 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
ATTACHMENT P
COVENANT OF PURPOSE, USE AND OWNERSHIP
THIS COVENANT OF PURPOSE, USE AND OWNERSHIP dated this [INSERT DAY] day of
[INSERT MONTH], [INSERT YEAR] (hereinafter referred to as the “Covenant”), by and
between [INSERT GRANT RECIPIENT’S NAME], whose address is [INSERT FULL
ADDRESS] (hereinafter with its successors and assigns called “Subrecipient”); and the Gulf
Coast Ecosystem Resources Council (“RESTORE Council” or “Council”) (hereinafter with
successors and assigns called “Council”).
RECITALS
WHEREAS, Subrecipient submitted an application, designated as RESTORE Award No.
[INSERT GRANT NUMBER], for financial assistance pursuant to the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast
States Act (RESTORE Act; Subtitle F of Public Law 112-141) (hereinafter the “Act”);
WHEREAS, by offer of Award, dated [INSERT ISSUE DATE OF AWARD], Council offered
to Subrecipient a financial assistance award in the amount of [INSERT TOTAL FEDERAL
SHARE OF GRANT] (hereinafter called “Award Amount”), [INSERT % FEDERAL
SHARE, Ex 100%] of the project cost for the construction of [INSERT NAME OF
PROJECT] (hereinafter called “Project”); WHEREAS, said Project included acquisition of
and/or specifically improving the real property described in Exhibit “A” attached hereto and
incorporated herein (hereinafter with all improvements called “Property”);
WHEREAS, on [INSERT DATE RECIPIENT ACCEPTED AWARD], Subrecipient accepted
the offer of award (hereinafter called “Award Agreement”) subject to terms and conditions,
pursuant to which Subrecipient covenanted and agreed to comply with the requirements of 31
CFR 34 and with Council’s RESTORE Act Standard Terms & Conditions for construction
projects, as applicable;
WHEREAS, under the authority of the Act and of the Award Agreement, prior to the end of the
Project’s Estimated Useful Life (as defined in Section 1 of this Covenant), Council is not
authorized to permit Subrecipient to use the Property for purposes other than Project Purposes or
to lease, transfer, convey, mortgage or hypothecate the Project to any party without prior
approval from Council, unless Council is repaid its Federal Interest (as defined in Section 2 of
this Covenant) in the Property;
WHEREAS, Subrecipient as owner of all or part of the real property described in Exhibit “A,”
attached hereto, agreed to record this Covenant in the appropriate office for the recording of
public records affecting real property so as to constitute notice to all persons of any and all
restrictions on title to and use of the Project and all or part of the real property described in
Exhibit “A;” and
WHEREAS, the [INSERT NAME OF OFFICE TO RECORD THIS COVENANT, i.e.,
“County or Parish Court Clerk’s Office”] located at [INSERT STREET ADDRESS] is the
proper office to record this Covenant.
Texas Commission on Environmental Quality Page 149 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
NOW THEREFORE, in consideration of financial assistance rendered and/or to be rendered by
Council and of other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, and to assure that the benefits of the Project will accrue to the public and
be used as intended by both Council and by the Subrecipient, Subrecipient hereby covenants and
agrees as follows:
1. The estimated useful life of the Project is [INSERT ESTIMATED USEFUL LIFE IN
YEARS] years from the date of project completion is issued for the Project (hereinafter
referred to as the “Estimated Useful Life”), a copy of which will be provided by the
Subrecipient to Council. During the Estimated Useful Life of the Project, the Subrecipient
holds its interest in the Property in trust to carry out the public purposes of the Project.
2. Subrecipient agrees that for the Estimated Useful Life of the Project, the Subrecipient will
not sell, transfer, convey, or mortgage any interest in the Property without Council’s prior
permission, nor shall Subrecipient use the Property for purposes other than the Project
Purposes, without Council’s prior written approval, which approval shall not be unreasonably
withheld, conditioned or delayed. Such approval may be withheld until such time as
Subrecipient first pays to Council the Federal Interest in the Property as provided in the
award terms, as applicable. The Federal Interest is that percentage of the current fair market
value of the Property attributable to the Council participation in the Project.
3. Subrecipient further covenants that, during the Estimated Useful Life of the Project, the
Subrecipient will compensate the Federal Government for the Federal Interest in the Property
in the event the Property is used for purposes other than Project Purposes, or is sold, leased,
transferred, conveyed, or mortgaged without the prior written approval of Council.
4. Subrecipient further agrees that, as a condition to accepting the disbursement of any portion
of the Award Amount from Council, Subrecipient shall execute and place on record against
the Property this Covenant and shall provide Council with evidence of such recordation.
Council will in its sole discretion determine whether this Covenant is satisfactory and may
require an opinion of counsel for the Subrecipient that the Covenant is valid and enforceable
according to its terms, that there is no lien or other encumbrance superior to the Covenant,
and that the Covenant has been properly recorded.
5. Subrecipient further agrees that whenever the Property is, except as otherwise permitted by
Section 9 below, sold, leased, or otherwise conveyed, Subrecipient or the transferor shall add
to the instrument of conveyance, pursuant to the requirement of, a covenant of purpose, use
and ownership. Council will, in its sole discretion, determine whether such covenant is
satisfactory. In connection with any such transfer, Council may require an opinion of counsel
for the Subrecipient that the covenant is valid and enforceable according to its terms and has
been properly recorded.
6. It is stipulated and agreed that the terms hereof constitute a reasonable restraint on alienation
of use, control, and possession of or title to the Property given the Federal Interest expressed
herein.
Texas Commission on Environmental Quality Page 150 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
7. This Covenant shall run with the land.
8. This Covenant shall be construed in a manner consistent with the terms and conditions of the
Award Agreement and applicable regulations; provided, however, that if there is a conflict,
the terms and conditions of the Award Agreement shall control.
9. N/A
IN WITNESS WHEREOF, the Subrecipient has hereunto set their hand as of the day and year
first above written by their duly authorized officer. A completed duly recorded copy of this
Covenant shall be forwarded to Council.
(The appropriate acknowledgment must be included for recording in Subrecipient’s jurisdiction.)
SUBRECIPIENT:
By:
Print Name:
Title:
Date:
ATTEST:
By
Title
Texas Commission on Environmental Quality Page 151 of 152 Contract Name: Beaumont Riverfront Park
Contract Number: 582-23-45420
EXHIBIT A
Legal Description of Property
Jon Niermann, Chairman Emily
Lindley, Commissioner Bobby
Janecka, Commissioner
Kelly Keel, Interim Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
August 9, 2023
Mr. Bart Bartkowiak
Beaumont City Hall, City Clerk’s Office 801 Main
Street, Suite #125
Beaumont, Texas 77701 Via
Electronic Mail
Re: Beaumont Riverfront Park, 582-23-45420 Dear
Mr. Bartkowiak:
Please find attached a final Subgrant Contract for your review, approval, and signature. Please read the Subgrant
Contract carefully and fully to ensure that all information in the contract is understood and agreed to prior to
signature.
Please note that there have been some changes to the draft version that you previously reviewed and for which you
provided comments. The minor changes corrected errors and formatting. The substantive content changes are:
• General Terms and Conditions 17.8 Venue - Added Jefferson County, Texas instead of Travis County,
Texas; and
• Added City-specific contact information in the Notices, Project Representatives and Records
Location.
We are requesting that the Subgrant Contract be signed and returned as soon as possible. PLEASE DO NOT
CHANGE THE FILE NAME OF THE CONTRACT. Once we receive the signed Subgrant Contract, we will have
TCEQ’s representatives sign the Subgrant Contract. We will send you the fully executed Subgrant Contract copy
for your records.
Please note that there are four areas that require a signature: In addition to signing the Contract (signature page - page
number 1), complete and sign the Federal Funding Accountability and Transparency Act form (Attachment E – page
number 50); you must also sign the RESTORE Act Spill Impact Component Certifications (Attachment F – page
number 53); and the Assurances – Construction Programs form (Attachment N – page number 146).
We will send you the fully executed contract once we have received your required signatures, together with
instructions regarding the next steps in moving the project forward.
If you have questions, please contact me at 512-239-0188 or Jessica.ham@tceq.texas.gov. Sincerely,
Jessica Ham, RESTORE Grant Specialist Office of
Legal Services
P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov How is our
customer service? tceq.texas.gov/customersurvey
printed on recycled paper
1
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider a resolution receiving the proposed FY 2024
Budget and scheduling an public hearing.
BACKGROUND
Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the
Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4
requires Council to schedule a public hearing on the proposed budget.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
The Administration recommends that a public hearing be held on August 29, 2023, at 1:30 p.m. in
Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public
hearing.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the proposed FY 2024 Budget has been received and a public hearing is
hereby scheduled for August 29, 2023 at 1:30 PM in the City Council Chambers, City
Hall, 801 Main Street, Beaumont, Texas; and,
BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said
public hearing pursuant to the Charter of the City of Beaumont.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
2
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider a resolution receiving the proposed 2024 Capital
Program and scheduling a public hearing.
BACKGROUND
The proposed 2024 Capital Program was originally submitted to Council on May 15, 2023.
Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the
proposed Capital Program.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
The Administration recommends that a public hearing be held on August 29, 2023, at 1:30 p.m. in
Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public
hearing.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the proposed FY 2024 Capital Program has been received and a public
hearing is hereby scheduled for August 29, 2023 at 1:30 PM in the City Council
Chambers, City Hall, 801 Main Street, Beaumont, Texas; and,
BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said
public hearing pursuant to the Charter of the City of Beaumont.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
3
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider establishing and taking a record vote on the
“proposed” 2023 tax rate and schedule a public hearing.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws
in adopting their tax rate and requires the governing body to hold a public hearing when the
proposed tax rate exceeds the lower of the no-new revenue or voter-approval tax rate.
Administration recommends Council establish a proposed tax rate required to support the City
Manager’s proposed budget equal to the tax rate of $0.681485/$100 of valuation. In accordance
with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the no-new revenue rate
of $0.594407/$100 or the voter-approval tax rate of $0.681485/$100, the City Council must take
a record vote to place the proposal to adopt a rate not higher than the proposed rate on the agenda
of a future meeting. The no-new revenue tax rate is the rate that would produce the same amount
of taxes in FY 2024 as was produced in FY 2023 if it was applied to the same properties taxed in
both years. The proposed tax rate of $0.681485/$100 exceeds the no-new revenue tax rate of
$0.594407/$100 by $0.087078/$100 or 14.6%. If the motion passes, a public hearing must be
scheduled. It is recommended that the public hearing be held on September 12, 2023, at 1:30 p.m.
in the Council Chambers.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
The Administration recommends that a public hearing be held on September 12, 2023, at 1:30 p.m.
in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the
public hearing.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT a record vote be taken on the proposed Chapter 26 of the Property Tax
Code 2023 Tax Rate and a public hearing is hereby scheduled for September 12, 2023
at 1:30 PM in the City Council Chambers, City Hall, 801 Main Street, Beaumont, Texas;
and,
BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said
public hearing pursuant to the Charter of the City of Beaumont.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
4
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Tina Broussard, City Clerk
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider approving an ordinance calling a Special Election
for November 8, 2023, for the purpose of submitting to the qualified
voters of the City of Beaumont certain proposed amendments to the
existing Charter of the City of Beaumont, Texas.
BACKGROUND
Council has met in a public session to discuss Charter changes and amendments for presentation
to the voters of the City of Beaumont for their consideration, and to call a Special Election on
November 8, 2023, for the purpose of submitting to the qualified voters certain proposed
amendments to the existing charter of the City of Beaumont, Texas.
FUNDING SOURCE
The cost of said election is to be shared with Jefferson County, Texas who is expected to hold an
election on the same date.
RECOMMENDATION
Approval of the Ordinance
ATTACHMENTS
Ordinance
ORDINANCE NO. 23-
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS,
PROVIDING FOR A SPECIAL ELECTION TO BE HELD
ON THE 8TH OF NOVEMBER, 2023 FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED
VOTERS OF THE CITY CERTAIN PROPOSED
AMENDMENTS TO THE EXISTING CHARTER OF THE
CITY; STATING THE SUBJECT MATTER OF THE
PROPOSED AMENDMENTS TO THE CITY CHARTER
TO BE VOTED UPON AT SAID ELECTION; PROVIDING
FOR A JOINT ELECTION WITH JEFFERSON COUNTY;
AND CONTAINING OTHER PROVISIONS RELATING
TO THE SUBJECT.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That a special election is hereby called and ordered for the 8th day of November
2023, at which election there shall be submitted to the qualified voters of the City of
Beaumont for their action thereon propositions for certain proposed amendments to the
existing Charter of the City of Beaumont. The Measures shown in Exhibit “A,” shall be
placed on the ballot in the form of the Propositions shown in Exhibit “A”.
Section 2.
Said election shall be held jointly with Jefferson County in accordance with Chapter
271 of the Texas Election Code; the Jefferson County Clerk will coordinate, supervise,
and handle all aspects of administering said joint election in accordance with the
provisions of the Texas Election Code, as outlined in the terms and conditions of an
Election Services Contract substantially in the form attached to as Exhibit “B”.
Section 3.
Legally qualified voters residing within the corporate limits of the City of Beaumont
shall be entitled to a vote at said election for the respective Charter Amendments that
appear on the ballot.
Section 4.
The notice and order of said election shall be given by posting and publishing said
notice and order as provided by the Texas Election Code.
Section 5.
That an electronic voting system, as described by Title 8 of the Texas Election
Code, shall be used for said election.
Section 6.
That the following are hereby appointed officers of said election to serve at the
Central Counting Station, which is hereby established at the Mid-County Office Building,
7963 Viterbro Road, Nederland, Texas; Central Counting Station Manager, Wayne Ozio,
Tabulation Supervisor, Jeff Ross; and Assistant Tabulation Supervisor, Mary Helm.
Section 7.
Procuring, allocating, and distributing election supplies shall be prepared in
accordance with Title 5 of the Texas Election Code.
Section 8
That the County Clerk of Jefferson County is hereby appointed Clerk for early
voting and pursuant to Sec. 83.084 of the Texas Election Code, the appointment of Laurie
Leister as Deputy Early Voting Clerk is approved, said appointments being without
additional compensation. Early voting by personal appearance shall be conducted at the
following locations:
Precinct 1 Service Center (Conf. Rm.) 20205 W. Hwy 90 China, TX
Rogers Park Community Center 6540 Gladys Ave Beaumont, TX
Hebert Library (Community Room) 2025 Merriman St. Port Neches, TX
Ray Chesson Office Bldg. (Court Rm.) 19217 FM 365 Beaumont, TX
Marion & Ed Hughes Library (Mtg. Rm.) 2712 Nederland Ave. Nederland, TX
Groves Activity Building (Lounge) 6150 39th St. Groves, TX
Jeff. County Sub-Courthouse (Foyer) 525 Lakeshore Dr. Port Arthur, TX
Port Arthur Library (Lucy Stiefel Gallery) 4615 9th Ave. Port Arthur, TX
Jefferson County Courthouse (Lobby) 1085 Pearl St. Beaumont, TX
John Paul Davis Comm. Center 3580 E. Lucas Dr. Beaumont, TX
Theodore Johns Library (Mtg. Rm.) 4255 Fannett Rd. Beaumont, TX
Early voting ballot applications and ballots voted by mail shall be sent to the County
Clerk’s Office, P.O. Box 1151, Beaumont, Texas, 77704-1151. The County Clerk shall
keep said office open for at least eight (8) hours between 8:00 a.m. and 5:00 p.m., on
each day for early voting or an official State Holiday beginning on the twelfth (12th) day
through the fourth (4th) day preceding the date of such election; provided, however,
except as authorized by Sections 85.005 (a) and (d), Texas Election Code, said County
Clerk shall not permit anyone to vote early by personal appearance on any day or time
not designated herein for early voting and under no circumstances shall she permit
anyone to vote early by personal appearance at any time when her office is not open to
the public for early voting purposes.
Early Voting Dates and Times
Monday, October 23, 2023 8:00 a.m. to 5:00 p.m.
Tuesday, October 24, 2023 8:00 a.m. to 5:00 p.m.
Wednesday, October 25, 2023 8:00 a.m. to 5:00 p.m.
Thursday, October 26, 2023 8:00 a.m. to 5:00 p.m.
Friday, October 27, 2023 8:00 a.m. to 5:00 p.m.
Saturday, October 28, 2023 7:00 a.m. to 7:00 p.m.
Sunday, October 29, 2023 12:00 p.m. to 6:00 p.m.
Monday, October 30, 2023 7:00 a.m. to 7:00 p.m.
Tuesday, October 31, 2023 7:00 a.m. to 7:00 p.m.
Wednesday, November 1, 2023 7:00 a.m. to 7:00 p.m.
Thursday, November 2, 2023 7:00 a.m. to 7:00 p.m.
Friday, November 3, 2023 7:00 a.m. to 7:00 p.m.
Section 9.
That early votes by personal appearance and by mail shall be counted by an early
voting ballot board consisting of a presiding judge and (5) five clerks, the County Clerk
may authorize as many additional clerks as are deemed necessary. Early votes shall be
canvassed and returned by the Early Voting Ballot Board to the Central Counting Station
by 7:00 p.m. on Election Day.
Section 10.
If any person or persons appointed herein do not appear, are unable to perform
their duties, or fail to perform their duties, the County Clerk shall have the discretion and
authority to appoint any substitute personnel to fill the position(s).
Section 11.
That if any section, subsection, sentence, clause, or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances, should for any
reason be held to be invalid or adjudged unconstitutional by a court of competent
jurisdiction, such invalidity shall not affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this ordinance are declared to
be severable; and the City Council of the City of Beaumont, Texas, declares it would
have passed each and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional, or whether there be one or
more parts.
Section 12.
That all ordinances or parts of ordinances inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed.
The meeting at which this ordinance was approved was in all things conducted
in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
_____________________________
- Mayor Roy West -
1
1 Proposition A
2 Shall the City Charter of the City of Beaumont be amended to increase City Council terms from
3 two years to four-year staggard terms?
4 Measure A
5 Article III
6 THE CITY COUNCIL
7 Section 2 – NUMBER AND TERM: The City Council shall be composed of a Mayor and six (6)
8 Councilmembers. Four (4) Councilmembers shall be designated as “ward Councilmembers,” each
9 of whom shall be elected only by the qualified voters residing in the ward from which each such
10 ward Councilmember is elected. Each ward Councilmember shall reside in the ward to which such
11 Councilmember is elected to represent. Two (2) Councilmembers shall be designated
12 “Councilmembers-at-large” designated as Councilmember - at - Large Place 1 and
13 Councilmember – at - Large Place 2. and the The Mayor and Councilmembers-at-large shall be
14 elected by all the qualified voters of the City. At the general election in 2004, the Mayor and at-
15 large Councilmembers shall be elected to one (1) year terms. Thereafter, the The Mayor and all
16 Councilmembers shall be elected for two (2) four (4) year staggered terms.
17 Section 6 – MAYOR PRO TEMPORE: The City Council shall elect one of its members as
18 Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of
19 the Mayor in case of the absence or inability of the Mayor to perform the duties of his office,
20 and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore
21 is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City
22 Council shall appoint a Mayor Pro Tempore from its membership.
23 Section 7 – VACANCIES: In the event of a vacancy in the City Council, if there are 365 days or
24 more remaining on the term of the vacated City Council office, the City Council shall call a special
25 election to fill such vacancy. When there are less than 365 days remaining in the term of the vacant
26 City Council office, the City Council may, by majority vote of the remaining Members of City
27 Council, at its discretion, leave the office vacant, appoint a new Mayor or Councilmember to fill
28 such vacancy or call a special election to fill such vacancy.
29 A vacancy in a ward position, whether filled by the City Council or by election, shall be filled by
30 a resident of the ward in which the vacancy occurred. Vacancies in the City Council where the
31 same do not exceed two (2) at any one time shall be filled by a majority of the remaining members
32 of the City Council and the person elected shall serve for the unexpired term only. When more
33 than two (2) vacancies occur, a special election shall be called to elect their successors to fill their
34 unexpired terms; provided, however, if such vacancies occur within ninety (90) days prior to a
35 general election, then no special election shall be called. But in that event, the remaining members
36 of the City Council shall by a majority vote fill such vacancies and the person so elected shall
37 serve only until the next general City election when such vacancies shall be filled. If four (4) or
2
38 more vacancies occur within ninety (90) days of a general election, then, and in that event, a
39 special election shall be called to fill the vacancies and the persons so elected shall serve only
40 until the next general City election when such vacancies shall be filled.
41 Article IV
42 ELECTIONS.
43
44 Section 4 - ELECTION BY MAJORITY, VOTING AT LARGE, RUNOFF ELECTION:
45 In the event no candidate for an elective office receives a majority of the votes cast for that place
46 in the general or special election a run-off election shall be held between the two (2) candidates
47 who received the greater number of votes.
48 The candidate for Mayor receiving the majority of the votes cast by the qualified voters of the
49 City for Mayor shall be declared elected. The two (2) candidates for Councilmember-at-large
50 receiving the greatest number of votes cast by the qualified voters of the City for Councilmember-
51 at-large shall be declared elected; it being the intention of this section that the Councilmembers-
52 at-large shall be elected by a plurality rather than a majority of the votes. Each qualified voter
53 shall be entitled, but shall not be required, to vote for two (2) candidates for Councilmember-at-
54 large. The candidate for “ward Councilmember” receiving the majority of votes cast by the
55 qualified voters residing in the ward shall be declared elected; it being the intention of this section
56 that each ward as it may hereafter exist shall have equal representation on the Council, but that
57 the four (4) ward Councilmembers shall be voted upon only by the qualified voters residing in
58 each of the four (4) wards established by the City Council as provided in Article I of this Charter.
59 If no candidate for Mayor or for ward Councilmember receives a majority of all votes cast in the
60 general election for the position for which he is a candidate, a runoff election for such position
61 shall be called to be held in accordance with the Texas Election Code, said runoff election to be
62 held between the two (2) candidates who received the greatest number of votes cast in the general
63 election for such position. In the event of a tie vote between two (2) or more candidates with the
64 second greatest number of votes in the general election, or in the event of a tie vote between the
65 two (2) candidates in a runoff election, the respective candidates so tied shall cast lots to determine
66 who shall be, in the first instance, the successful candidate for the runoff election, or, in the second
67 instance, the duly elected officer. In the event of a tie vote between three (3) or more candidates
68 with the greatest number of votes or in the event of a tie vote between two (2) or more of the
69 candidates with the second greatest number of votes in the general election for the position of
70 Councilmember-at-large, the respective candidates so tied shall cast lots to determine who shall
71 be, in the first instance, the duly elected officers or who shall be, in the second instance, the duly
72 elected officer. All officers duly elected following a general or runoff election, if one is required,
73 shall take office in compliance with the Texas Election Code.
74
3
75 Proposition B
76 Shall the City Charter of the City of Beaumont be amended to require individuals to sit out a single
77 term of office after having served two (2) consecutive full terms in one office or four (4)
78 consecutive full terms in two offices?
79 Measure B
80 Article III
81 THE CITY COUNCIL.
82 If Measure A fails to pass:
83 Section ____ – Term Limits: Councilmembers and the Mayor shall be limited to four (4)
84 consecutive full terms in office. A person who has served four (4) consecutive full terms as a
85 Councilmember or as Mayor may not again hold the same office until at least two (2) years from
86 the end of the previous term served have passed.
87 A person who has served two (2) consecutive terms as a Councilmember shall be eligible to be
88 elected to the office of Mayor for two (2) consecutive terms, and a person who has served two (2)
89 consecutive terms as Mayor shall be eligible to be elected as a Councilmember for two (2)
90 consecutive terms.
91 If the terms of service in the offices of Mayor and Councilmember are consecutive, then no office
92 may be held again for a period of at least two (2) years from the end of the previous term served.
93 For purposes of term limits there are only two offices, that of Mayor and that of Councilmember.
94 Years or time of service that an official may serve in filling an unexpired term, or a partial term
95 of office, to which they were elected, shall not be counted toward the above limitations.
96 Years or time of service that an official served prior to the adoption of these limitations do not
97 count towards the above limitations.
98
99 If Measure A passes:
100 Section ____ – Term Limits: Councilmembers and the Mayor shall be limited to two (2)
101 consecutive full terms in office. A person who has served two (2) consecutive full terms as a
102 Councilmember or as Mayor may not again hold the same office until at least four (4) years from
103 the end of the previous term served has passed.
104 A person who has served two (2) consecutive terms as a Councilmember shall be eligible to be
105 elected to the office of Mayor for two (2) consecutive terms, and a person who has served two (2)
106 consecutive terms as Mayor shall be eligible to be elected as a Councilmember for two (2)
107 consecutive terms.
4
108 If the terms of service in the offices of Mayor and Councilmember are consecutive, then no office
109 may be held again for a period of at least four (4) years from the end of the previous term served.
110 For purposes of term limits there are only two offices, that of Mayor and that of Councilmember.
111 Years or time of service that an official may serve in filling an unexpired term, or a partial term
112 of office, to which they were elected, shall not be counted toward the above limitations.
113 Years or time of service that an official served prior to the adoption of these limitations do not
114 count towards the above limitations.
115
5
116 Proposition C
117 Shall the City Charter of the City of Beaumont be amended so that the next City Clerk is hired by
118 and subject to the supervision of the City Manager?
119 Measure C
120 Article III
121 THE CITY COUNCIL.
122
123 Section 11 – CITY CLERK: The City Council shall appoint a City Clerk and prescribe the
124 duties and compensation of said officer and provide him with such assistance as it may deem
125 necessary. He shall hold office during the pleasure of the Council.
126
127 Article V
128 THE CITY MANAGER.
129
130 Section 5 – City Clerk: Upon the exit of the City Clerk serving at the time of the adoption of
131 this section, the City Clerk shall be hired by and subject to the supervision of the City Manager.
132
6
133 Proposition D
134 Shall the City Charter of the City of Beaumont be amended to require the City Council to hold
135 such regular meetings as necessary to efficiently conduct the affairs of the City?
136 Measure D
137 Article III
138 THE CITY COUNCIL.
139
140 Section 8 – MEETINGS: The City Council shall meet at regular meetings each week unless
141 postponed for valid reasons. The City Council shall hold such monthly meetings as necessary to
142 efficiently conduct the affairs of the City. The City Council shall set the date and time of its
143 regular meetings by resolution. Special meetings of the City Council shall be called by the City
144 Clerk, at the request of the Mayor, City Manager or four (4) members of the City Council. Four
145 (4) or more members of the City Council shall constitute a quorum for the transaction of
146 business. All meetings of the City Council shall be held in a public place in the City of
147 Beaumont. Meetings of the City Council shall be held in accordance with the laws of the State
148 of Texas which require meetings of public bodies to be open to the public.
149
7
150 Proposition E
151 Shall the City Charter of the City of Beaumont be amended to clarify the authority of the City
152 Manager and City Council’s roles?
153 Measure E
154 Article V
155 THE CITY MANAGER.
156 Section 3 – POWERS AND DUTIES OF THE CITY MANAGER: The powers and duties of
157 the City Manager shall be as follows: The City Manager shall be the chief administrative officer
158 of the City and shall be responsible to the City Council for the administration of all City affairs
159 placed in their charge by or under this Charter. The City Manager shall have such implied
160 authority as to properly carry out the functions of chief administrative officer for the City and, in
161 addition to those implied powers, shall have the following specific responsibilities and duties:
162 (1) Appoint and remove all heads of departments and all subordinate officers and
163 employees of the City except as otherwise provided by this Charter and except as he may
164 authorize the head of a department or office to appoint and remove subordinates in such
165 department or office. The decision of the City Manager or other appointing officer shall
166 be final and there shall be no appeal therefrom to any other office, body or court
167 whatsoever.
168 (2) Prepare the budget annually and submit it to the City Council and be responsible
169 for its administration after adoption.
170 (3) Prepare and submit to the City Council as of the end of the fiscal year a complete
171 finance report for the preceding year.
172 (4) Keep the City Council advised of the financial condition and future needs of the
173 City and to recommend to the City Council for adoption such resolutions as he may deem
174 necessary or expedient.
175 (5) Supervise the preparation of agendas for all meetings of the City Council. The
176 agendas shall be prepared in accordance with Rules and Procedures adopted by the City
177 Council and as provided for in this Charter.
178 (6) Oversee the purchasing of all merchandise, materials, supplies and services as
179 budgeted and shall put in place such rules and regulations governing contracts, requisitions
180 and transactions of business between City departments and vendors of goods and services
181 in compliance with all State procurement laws.
8
182 (7) Supervise City communication with the public and the news media including
183 outreach initiatives to the citizens and general public through various media venues.
184 (8) Except as otherwise provided for in this Charter the City Manager shall direct and
185 supervise the administration of all departments, offices and public utilities of the City and
186 shall investigate or cause to be investigated as appropriate any complaints concerning the
187 administration of the City.
188 (9) Appoint, suspend or remove any City employee except as otherwise provided by
189 this Charter. The City Manager may authorize any employee who is subject to the City
190 Manager's direction and supervision to exercise these powers with respect to subordinates
191 in that employee's department, office or agency.
192 (10) Direct and supervise the administration of all departments, officers, and agencies
193 of the City, except as otherwise provided by this Charter or by law.
194 (11) Establish personnel policies and procedures to be adopted by City Council and
195 make said policies available to all City employees.
196 (12) The City Manager shall have the authority to create and revise the City’s
197 organizational chart.
198 (13) Perform such other duties as may be prescribed by this Charter or required of him
199 by the City Council not inconsistent with this Charter.
200
201 Section 4 – INTERFERENCE BY CITY COUNCIL PROHIBITED: Neither the City Council
202 nor any of its committees or members shall dictate the appointment of any person to, or removal
203 from, office or employment or discipline by the City Manager or any of his subordinates or in any
204 manner interfere in the appointment or removal or discipline of employees under the City
205 Manager’s authority. Except for the purpose of inquiries and investigations, unless otherwise
206 provided in this Charter, the City Council and Members of City Council shall deal with City
207 officers and employees who are subject to the direction and supervision of the City Manager solely
208 through the City Manager, and neither the City Council nor Members of City Council shall give
209 orders to any such officer or employee, either publicly or privately.
210
9
211 Proposition F
212 Shall the City Charter of the City of Beaumont be amended for consistency and compliance with
213 State law?
214
215 Measure F
216
217 Article II
POWERS OF THE CITY. *
218
219 Section 1 – GENERAL:
220 The City shall have all powers and rights of self-government and home rule that exist now or
221 may be granted to municipalities by the Constitution and laws of the State of Texas, together
222 with all implied powers necessary to carry into execution such granted powers, unless such power
223 of right is expressly prohibited or restricted by this Charter.
224 The City of Beaumont, as such body politic and corporate, shall have perpetual succession; may
225 sue and be sued; and shall have all the powers granted to cities by the Constitution and Laws of
226 the State of Texas, together with all the implied powers necessary to carry into execution all the
227 powers granted. The City may acquire property within or without its boundaries for any
228 municipal purpose in fee simple or any lesser interest or estate, by purchase, gift, devise, lease
229 or condemnation and may sell, lease, hold, manage and control any property now owned by it or
230 which it hereafter may acquire, and may construct, own, lease, operate and regulate public
231 utilities; may assess, levy and collect taxes for general and special purposes on all lawful subjects
232 of taxation; may borrow money on the faith and credit of the City by the issuance and sale of
233 bonds or notes of the City; may appropriate the money of the City for all lawful purposes; may
234 regulate and control the use, for whatever purpose, of the streets and other public places; may
235 make and enforce all police, health, sanitary and other regulations, and may pass such ordinances
236 as may be expedient for the protection and maintenance of good government, peace and welfare
237 of the City, for the performance of the functions thereof, for the order and security of its
238 inhabitants, and to protect the peace, lives, health and property of the inhabitants; and may
239 provide suitable penalties for the violation of any ordinance enacted by the City of Beaumont;
240 and, except as prohibited by the Constitution of this State or restricted by this Charter, the City
241 may exercise all municipal powers, functions, rights, privileges and immunities of every name
242 and nature whatsoever.
243 Section 2 – GENERAL POWERS ADOPTED: The enumeration of the particular powers in this
244 Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated
245 herein or implied hereby or appropriate to the exercise of such powers, the City shall have and
246 may exercise all power of local self-government and all other powers which, under the
247 Constitution and Laws of the State of Texas, it would be competent for this Charter specifically
248 to enumerate. The City of Beaumont shall have and exercise all the powers enumerated in Chapter
10
249 13, Title 28, Article 1175 of the Revised Civil Statutes of the State of Texas of 1925 and
250 amendments thereto and hereafter enacted.
251 Article III
252 THE CITY COUNCIL.
253 Section 3 – QUALIFICATIONS:
254 Candidates for election and appointment to City Council shall be at least 21 years of age and
255 otherwise meet all state qualifications for office.
256 The Mayor and each of the six (6) Councilmembers shall be at least twenty-one (21) years of age,
257 shall be a citizen of the United States, a qualified voter of the City of Beaumont. (Amended 4/5/86;
258 Amended 5/1/21)
259 Article IV
260 ELECTIONS.
261 Section 2 – ELECTION OFFICERS AND CANVASSING RETURNS: The election judges
262 and other necessary election officials for conducting all such elections shall be appointed by the
263 Council, and they shall be qualified voters of the election precinct in which they are to serve. The
264 election judges shall certify their count of the ballots, attaching the tally sheet to their certificate
265 and deposit it with the City Clerk in a sealed envelope. Within five (5) days after an election, the
266 Council shall meet and canvass the returns and officially declare the result of the election.
267 Article VI
THE BUDGET. *
268
269 Section 2 – PREPARATION AND SUBMISSION OF BUDGET: The City Manager, shall
270 prepare the annual budget consistent with state law. at least forty-five (45) days prior to the
271 beginning of each budget year, shall submit to the City Council a proposed budget and an
272 explanatory budget message in the form and with the contents provided by Article VI, Sections
273 13 and 15. For such purpose, at such date as he shall determine, he, or an officer designated by
274 him, shall obtain from the head of each office, department or agency, estimates of revenue and
275 expenditures of that office, department, or agency detailed by organization units and character
276 and object of expenditure, and such other supporting data as he may request. Total proposed
277 expenditures shall not exceed total anticipated revenues and available reserves in the City
278 Manager’s proposed budget. In preparing the budget, the City Manager shall review the
279 estimates, shall hold hearings thereon and may revise the estimates, as he may deem advisable.
280 (Amended 4/5/86; Amended 5/1/21)
11
281 Section 6 – FURTHER CONSIDERATION OF BUDGET: After the conclusion of such public
282 hearing, the Council may insert new items or may increase or decrease the items of the budget,
283 except items in proposed expenditures fixed by law. Before inserting any additional item or
284 increasing any item of appropriation, it must cause to be published a notice setting forth the
285 nature of the proposed increases and fixing a place and time, not less than five (5) days after
286 publication, at which the Council will hold a public hearing thereon.
287 Section 9 – DATE OF FINAL ADOPTION; FAILURE TO ADOPT: The budget shall be
288 finally adopted in accordance with the Texas Local Government Code. Should the Council take
289 no final action in accordance with the Texas Local Government Code, the budget as submitted
290 by the City Manager shall be deemed to have been finally adopted by the Council. (Amended
291 5/1/21)
292 Section 19 – CAPITAL PROGRAM:
293 (a) Submission to Council: The Manager shall prepare and submit to the Council a five (5)
294 year Capital Program at least three (3) months prior to the final date for submission of the
295 budget.
296 Article XI
297 INITIATIVE, REFERENDUM AND RECALL.
298 Section 19 – DISTRICT JUDGE MAY ORDER ELECTION: Should the City Council fail or
299 refuse to order any of the elections as provided for in this Article, when all the requirements for
300 such election have been complied with by the petitioning electors in conformity with this Article
301 of the Charter, then it shall be the duty of any one of the District Judges of Jefferson County,
302 Texas, upon proper application being made therefor, to order such elections and to enforce the
303 carrying into effect of the provisions of this Article of this Charter.
304
305 Article XVII
306 GENERAL PROVISIONS.
307 Section 11 – PERSONS INDEBTED TO CITY SHALL NOT HOLD OFFICE OR
308 EMPLOYMENT: No person shall be qualified to hold a municipal office or serve the City in
309 any other capacity for which compensation is paid who is, or may become while in service, in
310 arrears in the payment of taxes or other liabilities due to the City.
311
12
312 Proposition G
313 Shall the City Charter of the City of Beaumont be amended to delete repetitive and unnecessary
314 provisions?
315 Measure G
316 Article I
317 INCORPORATION; FORM OF GOVERNMENT; TERRITORY.
318 Section 3 – BOUNDARIES:
319 The boundaries of the City may be enlarged by the annexation of additional territory in any
320 manner authorized by law. Whenever, in the opinion of the City Council, there exists within the
321 corporate limits of the City and territory, either inhabited or uninhabited, not suitable, or necessary
322 for City purposes, the City Council may, upon a public hearing and by ordinance duly passed,
323 discontinue said territory as part of the City.
324 The bounds and limits of the City of Beaumont as may be adjusted from time to time by the
325 properly adopted ordinances of the City Council of Beaumont are hereby established and
326 described as follows:
327 “Beginning on the right bank of the water’s edge of the Neches River where the center line of
328 Carroll Avenue in the Neches River Park Addition to the City of Beaumont strikes the river;
329 Thence south with the center line of Carroll Avenue to a point opposite the southwest corner of
330 the C. C. Caswell 256.6-acre tract;
331 Thence east with the southern boundary line of said Caswell tract to the east side of the Texarkana
332 and Fort Smith Railway Company’s right-of-way;
333 Thence southward with the eastern boundary line of said Texarkana and Fort Smith Railway
334 Company’s right-of-way to its point of curve, continuing southward to and across the Texarkana
335 and Fort Smith Railway Company’s spur track to the Beaumont Sawmill Company to a point in
336 its southern boundary line;
337 Thence in a westerly direction with the southern boundary line of said Texarkana and Fort Smith
338 Railway Company’s track to the eastern right-of-way line of the Texarkana and Fort Smith
339 Railway Company’s right-of-way, known as the Kansas City Southern Railway Company’s right-
340 of-way from Beaumont to Port Arthur;
341 Thence southeastward along said east right-of-way line of the Texarkana and Fort Smith Railway
342 to its intersection with the center line of Spindletop Avenue;
13
343 Thence southwestward along the center line of Spindletop Avenue to its intersection with the
344 east property line of the fresh water canal to Port Arthur;
345 Thence northwestward along the northeast property line of the fresh water canal to Port Arthur,
346 crossing Highland Avenue;
347 Thence continuing westward along the northern property line of said fresh water canal to Port
348 Arthur, and still continuing along said property line and following its curve to the north;
349 Thence continuing northward along the east property line of said fresh water canal to Port Arthur
350 to its intersection with the south line of the James W. Bullock Survey;
351 Thence westward along the south line of the James W. Bullock Survey to the east line of the
352 Samuel Stivers League;
353 Thence continuing westward along the south line of the James W. Bullock Survey produced
354 westward through the Samuel Stivers League to its intersection with the center line of Hillebrandt
355 Bayou;
356 Thence north along the center line of Hillebrandt Bayou to the center line of the Gulf and Interstate
357 Railway Company’s right-of-way;
358 Thence southwestward along said Gulf and Interstate Railway Company’s right-of-way to its
359 intersection with the center line of Walden Road;
360 Thence northwestward along the center line of Walden Road to its intersection with the south line
361 of the Charles Williams League;
362 Thence east along the south line of the Charles Williams League to the southeast corner of the
363 Thomas H. Langham Subdivision;
364 Thence north along the east line of the Thomas H. Langham Subdivision, it also being the east line
365 of Lots 1, 8, 9, 16, 17, 24 and 25 of said subdivision;
366 Thence continuing northward along the dividing line between the west line of Caldwood Acres and
367 the east line of the Langham Estate Subdivision to a point on the north line of the Texas and New
368 Orleans Railroad Company’s right-of-way, said point also being in the south line of Caldwood;
369 Thence southwestward along the dividing line between Caldwood and the Texas and New Orleans
370 Railroad Company’s right-of-way to the southwest corner of Caldwood;
371 Thence northward along the dividing line between Caldwood and Block “G” of the Langham
372 Estate Subdivision to its intersection with the south line of the Hezekiah Williams League, said
373 line also being the north line of the Charles Williams League;
374 Thence westward along the south line of the Hezekiah Williams League, crossing the Calder Road
375 to its intersection with the west line of Calder Road, said point of intersection also being the
376 northeast corner of Lot 1, Block “D” of the Langham Estate Subdivision;
14
377 Thence continuing westward along the north line of Lot 1, Block “D” said line also being the
378 south line of Dowlen Road, and continuing to a point where the center line of Dowlen Road turns
379 northwestward;
380 Thence northwestward along the center line of Dowlen Road and crossing the Missouri Pacific
381 right-of-way line;
382 Thence continuing northward along Dowlen Road, said road extending along the west line of Lots
383 6, 5, 4, 3, 2, 1 of Block “C” of the Langham Estate Subdivision, to a point in the center line of
384 Dowlen Road where said Dowlen Road turns eastward along the north line of Lot 1, Block “C”
385 of the Langham Estate Subdivision;
386 Thence eastward along the center line of said Dowlen Road, which road extends along the north
387 boundary of Lot 1, Block “C” of the Langham Estate Subdivision to its intersection with the center
388 line of Dowlen Road where it again turns northward;
389 Thence northward along center line of Dowlen Road, said road extending along the west line of
390 Block “L” of the Langham Estate Subdivision, and continuing northward along said center line to
391 its intersection with the north line of the Hezekiah Williams League;
392 Thence eastward along the north line of the Hezekiah Williams League to its intersection with the
393 west line of the Frederick Bigner Survey, said point being the southwest corner of the Frederick
394 Bigner Survey;
395 Thence northward along the west line of the Frederick Bigner Survey to the northwest corner of
396 the Frederick Bigner Survey, said corner also being the southwest corner of the Thomas Speer
397 League;
398 Thence eastward along the dividing line between the Frederick Bigner Survey and the Thomas
399 Speer League to the southeast corner of the Thomas Speer League;
400 Thence northward along the east line of the Thomas Speer League to the southwest corner of the
401 H. R. Williams Survey, said point also being the northwest corner of the Hezekiah Williams, Jr.
402 Survey;
403 Thence eastward along the south line of the H. R. Williams Survey and the north line of the
404 Hezekiah Williams, Jr. Survey to a point on the right bank of the water’s edge of the Neches
405 River;
406
407 Thence following the right bank of the water’s edge of the Neches River down said river in an
408 easterly direction to its intersection with the center line of Collier’s Ferry Road;
409 Thence southwestward, following the center line of said Collier’s Ferry Road to a point where
410 said center line intersects the south line of LaSalle Street;
15
411 Thence eastward along the south line of LaSalle Street produced eastward, said line also being the
412 north line of Beaumont Heights Subdivision, to its intersection with the center line of Brakes
413 Bayou;
414 Thence down the center line of Brakes Bayou with its meanderings to the right bank of the water’s
415 edge of the Neches River;
416 Thence down the right bank of the water’s edge of the Neches River with its meanderings to the
417 place of beginning.”
418 Section 4 – ANNEXATION.
419 The City Council shall have the power to annex additional territory, lying adjacent to the city, and
420 the inhabitants thereof, as may be authorized by, and in the manner and form prescribed by the
421 general laws of the State of Texas. (Amended 5/1/21)
422
423 Article II
POWERS OF THE CITY. *
424
425 Section 3 – EMINENT DOMAIN: The City shall have the full power and right to exercise the
426 power of eminent domain when necessary or desirable to carry out any of the powers conferred
427 upon it by this Charter or by the Constitution and Laws of the State of Texas. The City may
428 exercise the power of eminent domain in any manner authorized or permitted by the Constitution
429 and Laws of this State or in the manner and form that may be provided by ordinance of the
430 governing body of the City. The power of eminent domain hereby conferred shall include the right
431 of the City to take the fee and land so condemned and such power and authority shall include the
432 right to condemn public property for such purposes. The City shall have and possess the power of
433 condemnation for any municipal or public purposes even though not specifically enumerated in
434 this Charter.
435 Section 4 – SANITARY SEWER SYSTEM: The City shall have the power to provide for a
436 sanitary sewer system and to require property owners to connect their premises with such sewer
437 system; and to provide for penalties for failure to make sanitary sewer connections.
438 Article IV
439 ELECTIONS.
440 Section 3 – GENERAL ELECTIONS HELD: All elective officers under this Charter shall be
441 elected on regular election days as established by the Election Code of the State of Texas.
442 (Amended 4/5/86)
16
443 Section 5 – ELECTIONS AND NOMINATIONS: Any qualified person may have his or her
444 name placed on the official ballot as a candidate for the office of Mayor or Councilmember by
445 filing a sworn application for a place on the ballot pursuant to the Texas Election Code. (Amended
446 5/2/98)
447 Section 6 – BALLOTS: The official ballot shall be prepared in accordance with law. (Amended
448 8/13/83)
449
450 Article VII
FINANCE ADMINISTRATION. *
451
452 Section 7 – PURCHASE PROCEDURE: All purchases made by the City of Beaumont shall be
453 made in accordance with the Texas Local Government Code as it may be amended from time to
454 time. The exemptions from the necessity of competitive bidding as established by State law are
455 adopted. All contracts and purchases shall be handled so as to obtain the best value for the City,
456 with bids or quotes solicited whenever practicable. Nothing herein shall apply to a contract for
457 personal or professional services or to work done by the City and paid for by the day as such work
458 progresses. (Amended 9/16/03)
459 Section 9 – BORROWING IN ANTICIPATION OF TAXES: For the purpose of temporary
460 borrowing, the City Council shall have the power by ordinance to raise money on the credit of the
461 City by the issuance of warrants or notes in anticipation of the collection of taxes or of special
462 assessments.
463 Section 10 – SALE OF NOTES; WARRANTS: All notes or warrants issued pursuant to this
464 Article may be sold at not less than par and accrued interest at private sale by the Director of
465 Finance without previous advertisement, but such sale shall be authorized by the City Council.
466 Article VIII
TAXATION.*
467
468 Section 2 – POWER TO TAX: The City Council shall have the power under the provision of
469 State law to levy, assess and collect an annual tax upon taxable property within the City to the
470 maximum provided by the Constitution and general laws of the State of Texas. (Enacted 4/5/86)
471
472 Section 3 – ASSESSMENT OF TAXES: All property, real, personal or mixed, lying and being
473 within the corporate limits of the City of Beaumont on the first day of January in each year not
474 expressly exempt by law shall be subject to annual taxation in accordance with the procedures set
475 forth in the Constitution or general laws of the State of Texas. (Enacted 4/5/86)
17
476 Section 4 – TAXES; WHEN DUE AND PAYABLE: All taxes due to the City of Beaumont shall
477 be payable at the entity designated by the City to collect taxes for the City of Beaumont. Taxes
478 shall be due and shall become delinquent as provided in the Texas Tax Code as amended, which
479 code further provides for delinquent taxes, interest, attorneys fees, penalty, and procedures for the
480 collection of taxes. (Enacted 4/5/86; amended 9/16/03)
481 Section 5 – SEIZURE AND SALE OF PERSONAL PROPERTY: The seizure and sale of
482 personal property for taxes due shall be accomplished according to the provisions of the Texas
483 Tax Code, as amended. (Enacted 4/5/86)
484 Section 6 – TAX LIENS: The tax levied by the City shall be a first and prior lien upon the property
485 upon which the tax is due, which lien may be enforced and foreclosed according to the provisions
486 of the Texas Tax Code, as amended. (Enacted 4/5/86)
487 Article IX
ISSUANCE AND SALE OF BONDS.*
488
489 Section 1 – POWER TO BORROW: The City of Beaumont shall have the right and power to
490 borrow money on the credit of the City for permanent public improvements or for any other public
491 purpose consistent with the Constitution and laws of the State of Texas.
492 Article XIV
493 STREET AND SIDEWALK IMPROVEMENT.
494 Section 1 – POWER AND CONTROL OVER STREETS AND SIDEWALKS: The City of
495 Beaumont shall have the power to lay out, establish, open, alter, widen, lower, extend, grade,
496 abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys,
497 sidewalks, squares, parks, public places and bridges and regulate the use thereof and require the
498 removal from streets, sidewalks, alleys and other public property or places all obstructions and
499 encroachments of every nature or character upon any of said streets and sidewalks, and to vacate
500 and close private ways as permitted by general law.
501 Section 2 – STREET AND SIDEWALK IMPROVEMENTS: The City of Beaumont shall
502 have dominion, control and jurisdiction in, upon, and over and under the public streets, avenues,
503 sidewalks, alleys and highways of the City, and may provide for the improvement thereof by
504 paving, repaving, raising, lowering, grading, draining or otherwise. The provisions of the Texas
505 Transportation Code of the State of Texas, Chapter 313, together with existing and future
506 amendments, are expressly adopted and made a part of this charter. (Amended 9/16/03)
507
508
509
18
510 Article XV
FRANCHISES AND PUBLIC UTILITIES. *
511
512 Section 2 – POWER OF CITY COUNCIL: The City Council shall have power by ordinance
513 to grant, renew and extend all franchises of all public utilities of every character operating within
514 the City of Beaumont and, with the consent of the franchise holder, to amend same, and for such
515 purposes is granted full power. And said City Council shall have the power by ordinance, after
516 reasonable notice and hearing, to determine, fix and regulate charges, fares, or rates of any
517 person, firm or corporation enjoying or that may enjoy a franchise or exercising any other public
518 privilege in said City, and to prescribe the kind of service to be furnished by such person, firm
519 or corporation; and the manner in which it shall be rendered and from time to time to alter or
520 change such rules, regulations and charges. Unless provided in the ordinance granting the same,
521 no public utility franchise shall be transferable except with the approval of the City Council
522 expressed by ordinance. No exclusive franchise or extension or renewal thereof shall ever be
523 granted nor shall any franchise or privilege ever be granted to commence at any time after six
524 months subsequent to the taking effect of the ordinance granting the same.
525 Article XVII
526 GENERAL PROVISIONS.
527 Section 1 – BOARDS, COMMITTEES AND COMMISSIONS: With a goal of making boards,
528 committees and commissions representative of the diversity of the population within the City of
529 Beaumont, the City Council shall have the power to create by ordinance such boards, committees
530 and commissions which it deems necessary to effectively carry on the business and welfare of
531 the City. (Amended 4/5/86)
532 Section 2 – CONDEMNATION OF DANGEROUS STRUCTURES: Whenever in the opinion
533 of the City Council, any building, fence, shed, or structure of any kind or any part thereof is liable
534 to fall down and injure or endanger persons or property, the City Council may order the owner
535 or agent of the same, or occupant of the same, or any owner of the premises upon which such
536 building, shed, awning, or other structure stands or to which it is attached, to take down and
537 remove the same or any part thereof within such time as it may direct, and may punish by fine
538 all persons failing to do so. The City Council shall have the additional power to remove the same
539 at the expense of the City but on the account of the owner of the property and assess the expenses
540 thereof, including the expense of condemnation proceedings, if any, as a special tax against the
541 land and the same may be collected as other special taxes provided for in this Charter or as
542 provided by ordinance, or by suit in any court of competent jurisdiction.
543 Section 4 – LIENS AGAINST CITY PROPERTY: No lien of any kind shall ever exist against
544 any property, real or personal, owned by the City except that same be created as provided in this
545 Charter.
19
546 Section 5 – CITY EXEMPT FROM APPEAL BONDS: It shall not be necessary in any action,
547 suit or proceeding in which the City of Beaumont is a party, for any bond, undertaking, or security
548 to be executed in behalf of said City, but all such actions, suits, appeals or proceedings shall be
549 conducted in the same manner as if such bond, undertaking or security had been given and said
550 City shall be liable as if such obligation had been duly given and executed.
551 Section 6 – EXECUTION, GARNISHMENT AND ASSIGNMENT: The property, real and
552 personal, belonging to said City shall not be liable to be sold or appropriated under any writ of
553 execution or cost bill, nor shall the funds belonging to said City, in the hands of any person, firm
554 or corporation, be liable to garnishment on account of any debt it may owe or funds it may have
555 on hand due any person, nor shall the City or any of its officers or agents be required to answer
556 to any writ of garnishment on any account whatsoever, nor shall said City be liable to the assignee
557 of any wages or [of] any officer, agent or employee of said City, whether earned or unearned,
558 upon any claim or account whatsoever, and as to the City such assignment shall be absolutely
559 void.
560 Section 10 – RELATIVES OF OFFICERS SHALL NOT BE APPOINTED OR
561 EMPLOYED: No person related within the second degree of affinity, or within the third degree
562 of consanguinity, to the Mayor, members of the City Council or City Manager shall be appointed
563 to any office, position or service in the City, but this provision shall not affect officers or
564 employees who were already employed by the City at the time when an officer who may be
565 related within the named degree takes office.
566 Section 13 – POWER TO REMIT PENALTIES: The City Council shall have the right to remit,
567 in whole or in part, any fine or penalty belonging to the City, which may be imposed under any
568 ordinance or resolution passed in pursuance of this Charter.
569 Section 14 – POWER TO SETTLE CLAIMS: The City Council shall have the power to
570 compromise and settle any and all claims and lawsuits of every kind and character in favor of or
571 against the City, including suits by the City to recover delinquent taxes.
1
JOINT ELECTION AGREEMENT AND
ELECTION SERVICES CONTRACT
BETWEEN JEFFERSON COUNTY, TEXAS
AND
CITY OF BEAUMONT
This agreement made and entered into, by and between Jefferson County, Texas (“County”),
acting hereinafter by and under the authority granted to her by sections 31.091 & 31.092 of the
Texas Election Code, the County Election Officer, Roxanne Acosta-Hellberg, County Clerk
for Jefferson County, Texas, (hereinafter referred to as “County Election Officer”), and the City
of Beaumont, (hereinafter referred to as “Political Subdivision”), acting herein by and through its
governing body regardless of the name assigned to such governing body (hereinafter collectively
referred to as “Parties”).
WHEREAS, Political Subdivision is required to conduct an election on November 7, 2023; and
the parties desire that the County Election Officer conduct the election for the Political Subdivision
and, possibly, other political subdivisions located, in whole or in part, in Jefferson County, Texas.
If other political subdivisions enter into a contract with the County for the purpose that the County
Election Officer will run the election for the other political subdivisions, or expressly joins in this
contract, Political Subdivision intends to reimburse Jefferson County, Texas the cost of running
such election as determined by the County Election Officer, or share the cost of running the
election with other political subdivisions based on the following terms and conditions.
THIS JOINT ELECTION AGREEMENT AND ELECTION SERVICES CONTRACT is made
this _____ day of ______________, 2023, by and between the Political Subdivision, and the
County, pursuant to Texas Election Code Section 31.092. The parties agree to enter into a Joint
Election Agreement and an election services contract with each other in accordance with Chapter
271 of the Texas Election Code and this Agreement. This Agreement is entered into in
consideration of the mutual covenants and promises hereinafter set out:
1. RECITALS. Political Subdivision is a political entity situated wholly or partially within
Jefferson County, Texas. Political Subdivision and County Election Officer have
determined that it is in the public interest of Jefferson County voters that the following
contract be made and entered into for the purpose of having County Election Officer
furnish to Political Subdivision certain election services and equipment needed by Political
Subdivision in connection with the holding of its November 7, 2023, Election. The
County’s voting equipment is to be used in this Election. The rental rate for the use of this
election equipment has been approved by the Commissioners Court for Jefferson County,
Texas.
2
2. DUTIES AND SERVICES OF COUNTY ELECTION OFFICER. County Election
Officer shall be responsible for performing the following duties and shall furnish the
following services and equipment:
(a) Notify and coordinate presiding election judges, alternate judges, and all other election officials
required to administer this Election. The County will make emergency appointments of election
officials if necessary. Compensate all election workers for time worked at the approved hourly
rate by Commissioners Court.
(b) Arrange for poll worker training through a third party or conduct necessary training. Notify
all early voting and election day officials of the date, time and place thereof.
(c) Arrange for the use of early voting polling locations and election day polling locations. If
emergency replacement polling locations are needed, County Election Officer shall make
necessary alternate arrangements to locate another public place (or if unavailable, a private
building), and shall notify Political Subdivision as soon as possible. (See the early voting and
election day polling location sheets attached).
(d) Procure election kits and supplies and distribute to the precinct judges and early voting
deputies. Obtain from the Tax -Assessor /Voter Registrar lists of registered voters to be used in
conducting the election in conformity with the boundaries of Political Subdivision and the
election precincts established for the election. The Election Day list of registered voters shall be
arranged in alphabetical order.
(e) Prepare and test all electronic voting equipment; format ballot styles; secure audio; oversee
all equipment and voter registration database programming; and assure compliance with
equipment security requirements. Arrange for transport of equipment to and from polling
locations.
(f) Serve as Early Voting Clerk for this Joint Election; and also process, print, mail, and tabulate
ballots for any eligible voter, who applies for a ballot by mail including all eligible FPCA
applicants. Supervise the conduct of early voting in person and appoint sufficient personnel to
serve as deputy early voting clerks. Provide lists of early voters as provided by law if requested
by Political Subdivision.
(g) Publish legal notice of the date, time and place of the public logic and accuracy test. Prepare
test materials and conduct internal election testing, public logic and accuracy test, and tests of
tabulation equipment.
(h) Arrange for the early ballot board, signature verification committee, tabulation personnel, and
all equipment and supplies needed at central counting station. Tabulate early voting, election
night, paper mail ballots and provisional ballots. Tabulate unofficial returns and assist in
preparing the tabulation for the official canvass. Provide Political Subdivision its voter history
report following the election if requested.
(i) Serve as Custodian of Records for election records in County Election Officer’s custody and
3
provide for the retention of said election records as provided by law.
(j) Provide information services for voters and election officers.
(k) Maintain accurate records of all expenses incurred in connection with the responsibilities
under this Agreement and provide Political Subdivision a final invoice after the conduct of the
election. Provide any detailed backup to such invoice, if requested, reflecting the charges or
components of the costs set forth on the invoice submitted to Political Subdivision.
(l) The Contracting Office is responsible for collecting the compensations sheets for the election
judges, clerks, and early voting ballot board. The County Election Officer will also pay the
aforementioned for their services and time in accordance with their rate of pay policy.
(m) County Election Officer shall conduct a manual count as prescribed by Section 127.201 of
the Texas Election Code, unless waived by the Secretary of State. A written report shall be
submitted to the Secretary of State as required by Section 127.201(e) of the aforementioned
Election Code. If requested, County Election Officer shall provide a written report to Political
Subdivision in a timely manner.
(n) The County Election Officer shall place the funds paid by Political Subdivision hereunder in
a "contract fund" as prescribed by Section 31.100 of the Texas Election Code.
3. DUTIES AND SERVICES OF POLITICAL SUBDIVISION. Political Subdivision
shall be responsible for performing the following duties:
(a) Prepare all election orders, resolutions, notices, and other pertinent documents for adoption
and execution by the appropriate Political Subdivision officer or body. Take all actions necessary
for calling the Election for the Political Subdivision, which are required by the Texas Election
Code and/or the Political Subdivision’s governing body, charter, ordinances, or other applicable
laws. Execute an Election Services Contract with the County for the purpose of election
administration. Serve as Custodian of Records for all election records in its possession as
provided by law.
(b) Political Subdivision shall be responsible for the legal sufficiency of any order calling their
election. Political Subdivision shall be responsible for all substantive and procedural legal issues
governing the conduct of their election. Political Subdivision understands and agrees that County
Election Officer provides no legal advice to Political Subdivision.
(c) Political Subdivision shall adopt the early voting and election day vote center polling locations
used by the County. Political Subdivision shall adopt all early voting dates, and hours
recommended by the County Election Officer in accordance with the Texas Election Code.
Political Subdivision shall adopt the Election Day Vote Center polling locations for each county
voting precinct that is within its jurisdictional boundaries. Political Subdivision shall confirm
the accuracy of its jurisdictional boundaries and precincts.
(d) Prepare, post and publish all required election notices for Political Subdivision except for the
4
Public Test Notice that County Election Officer shall publish. In addition, if this election’s
polling locations are different than Political Subdivision’s previous election, Political
Subdivision shall post notice at the entrance to any previous polling places in its jurisdiction
stating that the location has changed and provide the polling location and address for those voters
for this election, pursuant to Texas Election Code Section 43.062, unless County has posted the
notice of the change for their election. Educate the voters in the Political Subdivision on early
voting and election day times, dates and polling locations.
(e) Political Subdivision shall confirm with Tax-Assessor/Voter Registrar its boundaries, county
voting precincts and street details within those boundaries. Political Subdivision will validate all
boundaries are defined properly within Jefferson County voter registration database, maps and
street lists with block ranges and odd/even/both indicators before the coding and programming
of the ballot begins. If changes are necessary after programming has begun, the Political
Subdivision responsible will incur the cost of re-programming for all entities involved. Political
Subdivision must proof and approve all programming work done for the jurisdiction according
to the Election Day Calendar published by the Secretary of State of Texas for the November 7,
2023 General Election, known as the SOS Election Day Calendar for November 7, 2023.
(f) Deliver to County Election Officer, according to the above-mentioned Election Day Calendar,
ballot language with Spanish translations, candidate names or measures, the order in which they
are to be printed on the ballot with the exact form and spelling. Provide pronunciation for
difficult names or words to use on the audio recording. Timely review and sign off on ballot
proofs.
(g) Any requests for early voting ballots to be voted by mail received by Political Subdivision
must be hand delivered or faxed to County Election Officer on the day of receipt. If the
application is faxed, the original application must be mailed to County Election Officer. County
Election Officer will process applications, mail appropriate ballots, and tabulate.
(h) If requested, assist County Election Officer in recruiting bilingual poll workers. Provide
documentation on Political Subdivision’s efforts to recruit bilingual poll workers if requested by
the U. S. Department of Justice.
(i) Pay prorated additional costs incurred by County Election Officer if a recount for said election
is required, the election is contested in any manner, or a runoff is required.
(j) Canvass the returns and declare the election results for Political Subdivision. Political
Subdivision is responsible for filing any precinct reports required by the Secretary of State.
(k) The deposit will be waived for this Election Agreement for all Political Subdivisions. All
costs will be assessed and a detailed bill will be rendered within a reasonable time after the
canvassing of the election or the receipt of all invoices needed to validate the billing. Any
discrepancies in billing should be addressed immediately.
(l) Political Subdivision agrees to enter into a Joint Election Agreement with any other political
subdivision in Jefferson County which enters into an Election Services Contract with the County
5
and which holds an election on November 7, 2023.
4. COST OF SERVICES. Political Subdivision shall share some expenses for the above
services, supplies and equipment. Additional elections may lower costs for each entity, and
election cancellations may raise costs for each entity. It is understood that other political entities
may wish to participate in the use of the County’s electronic voting equipment and polling
locations, and it is agreed that County Election Officer may enter into other contracts with entities
for those purposes on terms and conditions generally similar to those set forth in this Agreement.
Only the actual expenses directly attributable to this Agreement and any shared expenses may be
charged to Political Subdivision, plus a 10% administrative fee.
(a) Costs for early voting and election day may include: equipment delivery, supplies, mail
ballots, payroll, equipment leasing, and any additional costs, will be shared proportionally
between all political subdivisions which enter into a joint election agreement with County
according to the number of voting precincts within each political subdivision. (See the
Estimated Election Cost Sheet attached).
5. GENERAL CONDITIONS.
(a) The parties agree that the timing is critical on all duties in this Agreement. Lack of adherence
to any deadline in the Election Day Calendar without prior agreement of County Election Officer
may result in cancellation of County Election Officer’s duties and obligations to conduct Political
Subdivision’s election under this Agreement or, at the discretion of County Election Officer, a
late penalty surcharge in an amount not to exceed 10% of the final election cost but not less than
$75.00, in accordance with section 31.100(d) of the Texas Elections Code. Adherence to the
Secretary of State of Texas’ Election Day Calendar is critical because of the County’s obligation
to complete all programming and testing; to process, print and mail military and overseas ballots
by state/federal deadlines; the County’s duty to conduct federal, state, county elections; and/or
other contracted elections.
(b) In accordance with Section 31.098 of the Texas Election Code, County Election Officer is
authorized to contract with third persons for election services and supplies and is authorized to
hire necessary temporary personnel to perform contracted duties. Part-time personnel will be
compensated at the hourly rate set by the County.
(c) Political Subdivision acknowledges that electronic voting equipment is highly technical and
it is conceivable that, despite the best effort of the parties and technical assistance, it might fail
during the election. County Election Officer will do whatever is possible to remedy the situation,
but Political Subdivision agrees that should such equipment fail, it will not make any claim for
damages of any kind.
(d) Any qualified voter in the Joint Election may vote early by personal appearance at any of the
joint early voting locations or at any Vote Center/Polling Location on election day.
(e) The County Election Officer may contract with numerous political subdivisions for the Joint
Election, and the parties agree that all ballot styles will be programmed into one voting system.
Each voter will receive one ballot which contains all races and issues in the Joint Election for
6
which the voter is eligible at the address and in the precinct in which the voter is currently
registered. One joint voter sign in process consisting of a common list of registered voters and
common signature rosters shall be used in precincts in which the county polling locations are
used.
(f) The County Election Officer shall file copies of this Agreement with the Auditor and
Treasurer of Jefferson County not later than the 10
th
day from receipt of the fully executed
contract by County Election Officer.
(g) The County is self-insured for personal liability issues. Should Political Subdivision desire
insurance for injuries during this election or other liabilities, entity shall make such arrangements
separate from this Agreement.
(h) In the event that the performance by County Election Officer of any of its obligations
hereunder shall be interrupted or delayed by any occurrence not occasioned by its own conduct,
whether such occurrence be an act of God or the result of war, riot, civil commotion, sovereign
conduct, or the act or condition of any persons not a party thereof, then it shall be excused from
such performance for such period of time as is reasonably necessary after such occurrence to
remedy the effects thereof.
(i) The parties to this Agreement agree that Political Subdivision may cancel this Agreement in
the event that it has no need to conduct an election by 60th
day before election day. If Political
Subdivision’s election is cancelled after deadline, a $200 contract preparation and processing fee
will be due in addition to any costs incurred by County Election Officer on behalf of Political
Subdivision prior to said cancellation.
(j) The Political Subdivision has the option of extending the terms of this Agreement through its
runoff election, if applicable. Political Subdivision may reduce the number of the adopted early
voting locations and/or election day voting locations in which precincts are not involved in a
runoff election. In the event of a runoff that Political Subdivision wants County Election Officer
to conduct, Political Subdivision, with input from the County Election Officer, agrees to
coordinate the date with other entities participating in this Joint Election. If Political Subdivision
elects to have County Election Officer conduct a runoff election, the cost will be determined by
the number of entities participating and the actual costs plus administrative fees. Political
Subdivision will be responsible for all orders, notices, and publications required for their runoff
except the publication of the public logic and accuracy test which County Election Officer will
publish.
6. DISPUTE RESOLUTION PROCEDURE
The parties agree to use dispute resolution process provided for in Chapter 2260 of the Texas
Government Code to attempt to resolve all disputes arising under this Agreement. Either party
must give written notice to the other party of a claim for breach of this Agreement not later than
the 180th
day after the date of the event, giving rise to the claim. By their execution of their
Agreement, the parties acknowledge and knowingly and voluntarily agree that neither the
execution of this Agreement, nor the conduct, act or inaction by any person in the execution,
7
administration or performance of this Agreement constitutes or is intended to constitute a waiver
of the party’s immunity from suit with respect to claims of third parties.
7. ENTIRE AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the City of Beaumont and Jefferson
County, Texas. This Agreement may be amended only in writing and signed by the parties.
8. NOTICES
Except as otherwise provided in this section, all notices, consents, approvals, demands, request,
or other communications provided for or permitted to be given under any of the provisions of
this Agreement shall be in writing and shall be deemed to have duly given or served when
delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail,
return receipt requested, postage prepaid, and addressed as set forth below or to such other person
or address as may be given in writing by either party to the other in accordance with this section:
CITY OF BEAUMONT: Kenneth R. Williams
City Manager
City of Beaumont
801 Main Street
Beaumont, Texas 77701
JEFFERSON COUNTY: Roxanne Acosta-Hellberg, County Clerk
P. O. Box 1151
Beaumont, TX 77704
IN WITNESS WHEREOF, each of the parties agree to the terms of this Agreement and has
caused this Agreement to be executed on the _______ day of __________________, 2023.
CITY OF BEAUMONT:
By: _______________________ Attest: _____________________
Name: Kenneth R. Williams
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the _______ day of __________________, 2023.
JEFFERSON COUNTY:
By:_______________________
Name: Roxanne Acosta-Hellberg
Title: County Election Officer for Jefferson County, Texas.
8
Received and filed:
Jefferson County
By: _______________________
Hon. Jeff Branick
Title: County Judge for Jefferson County, Texas.
Attest:
County Clerk Jefferson County, Texas
By: _______________________
Name: Roxanne Acosta-Hellberg
Title: County Clerk for Jefferson County, Texas.
Date Copy of agreement Furnished
to County Treasurer for Jefferson County, Texas: _________________
Date Copy of agreement Furnished
to the Auditor for Jefferson County, Texas: _________________
REVISED 7-2023
ESTIMATED ELECTION COSTS
Costs may be adjusted for changes at the time of the election
#1 Publish Legal Notices
Publish Legal Notices – the Number of published posts based on type of Election TBD
#2 Transportation of Voting Equipment
Rental cost of trucks to transport voting equipment during EV & ED. TBD
#3 Polling Location Site Rental
Rental fees charged by locations TBD
#4 Professional Services
Contracted services – includes cost of support personnel and mail ballot services TBD
#5 EV & ED Field Tech Support
Wages and mileage for Field Technicians TBD
#6 EV & ED Supplies
Election Kits – extension cords, seals, PPE, envelopes, power strips, etc. $ 50.00
A – Frames and totems $ 145.00
File box with forms $ 250.00
#7 Internet Service for Cell Phones and Wifi Cards
Cell Phones and Internet Service $35.00
Wifi Cards and Internet Service $35.00
#8 Printing Fees and Postage
Cost of all printed ballots (ballots by mail, sample ballots and test ballots)/sheet $ .50
Mail Ballots per set (completed in house) $ TBD
Mail Ballots to be cured per set $ TBD
Cost of Activation Cards (ballots) TBD
#9 Public Test, EVBB, SVC and CCS Personnel Costs
Payroll costs associated with the operation of the EVBB, SVC, CCS and Public Test. TBD
#10 Early Voting Personnel and Other Training
Wages, training and expenses for training of Early Voting personnel TBD
#11 Election Day Personnel
REVISED 7-2023
Wages, training and other expenses for Election Day personnel TBD
#12 Security and Maintenance Personnel for EV and ED
Overtime wages for Sheriff Deputies and Maintenance personnel TBD
#13 & #14 Early Voting & Election Day Equipment Usage Fees
DS200 Scanner/Tabulator with Cart $450.00
Quad Cart with 4 ExpressVote Machines $850.00
ExpressVote wit Curbside Cart $215.00
ES&S Pollbook + Printer $100.00
DS450 – 2 in the Central Counting Station (CCS) $1,030.00
#15 - 10% Administrative Fee (TEC Section 31.100)
10% Administrative Fee allowed by statute. TBD
*Proportionate costs will be calculated based on the number of voting precincts in the Political
Subdivision divided by the total number of voting precincts participating in this election.
**Political Subdivision located in 1 to 5 precincts, in whole or in part, shall not be charged over
$10,000.00 for a joint election with county/state races.
***Political Subdivision requiring run-off elections will be billed 100% of the cost of the
election.
****For those elections where the County is not a participant, costs shall be allocated based on
the number of precincts, in whole or in part, encompassed by the Political Subdivision.
EARLY VOTING
October 23, 2023 – November 3, 2023
November Constitutional Amendment Election – Countywide Polling – All precincts may vote at any Vote Center.
(Elecciones de enmienda constitucional de noviembre – Lugares de votacion en todo el condado – Todos los precintos
pueden votar en cualquier centro de votacion.)
Election Day Polling Places Address City, State, Zip Code
Localizaciones Direccion Cuidad, Estado, Codigo postal
Precinct 1 Service Center (Front Conference Room) 20205 W. Hwy 90 China, TX 77613
Rogers Park Community Center 6540 Gladys Ave Beaumont, TX 77706
Hebert Library (Community Room) 2025 Merriman St Port Neches, TX 77651
Ray Chesson Office Building (Courtroom) 19217 FM 365 Beaumont, TX 77705
Marion & Ed Hughes Public Library (Meeting Room) 2712 Nederland Ave Nederland, TX 77627
Groves Activity Building (Lounge) 6150 39th Street Groves, TX 77619
Jefferson County Sub-Courthouse (Foyer) 525 Lakeshore Dr Port Arthur, TX 77640
Port Arthur Library (Lucy Stiefel Gallery) 4615 9th Avenue Port Arthur, TX 77642
Jefferson County Courthouse (Lobby) 1085 Pearl St Beaumont, TX 77701
John Paul Davis Community Center 3580 E. Lucas Dr Beaumont, TX 77703
Theodore Johns Library (Meeting Room) 4255 Fannett Rd Beaumont, TX 77705
DATES AND HOURS FOR ALL ABOVE LOCATIONS:
(Fechas y Horas para todas las localizaciones anteriores):
October 23 – 27, 2023 Monday - Friday 8:00 a.m. - 5:00 p.m.
(Octubre 23 – 27, 2023) (Lunes -Viernes)
October 28, 2023 Saturday 7:00 a.m. - 7:00 p.m.
(Octubre 28, 2023) (Sábado)
October 29, 2023 Sunday 12:00 p.m. - 6:00 p.m.
(Octubre 29, 2023) (Domingo)
October 30 – November 3, 2023 Monday – Friday 7:00 a.m. – 7:00 p.m.
(Octubre 30 – Noviembre 3, 2023) (Lunes – Viernes)
ELECTION DAY
November 7, 2023
November Constitutional Amendment Election – Countywide Polling – All precincts may vote at any Vote Center.
(Elecciones de enmienda constitucional de noviembre – Lugares de votacion en todo el condado – Todos los precintos
pueden votar en cualquier centro de votacion.)
Election Day Polling Places Address City, State, Zip Code
Localizaciones Direccion Cuidad, Estado, Codigo postal
Amelia Elementary School (Gymnasium) 565 S. Major Dr Beaumont, TX 77707
Bevil Oaks City Hall 13560 River Oaks Blvd Bevil Oaks, TX 77713
BISD Administration Building (Boardroom) 3395 Harrison Ave Beaumont, TX 77706
Dishman Elementary (Gymnasium) 3475 Champions Dr Beaumont, TX 77707
Precinct 1 Service Center (Front Conference Room) 20205 W. Hwy 90 China, TX 77613
Rogers Park Community Center 6540 Gladys Ave Beaumont, TX 77706
RC Miller Library (Meeting Room) 1605 Dowlen Road Beaumont, TX 77706
Regina Howell Elementary 5850 Regina Lane Beaumont, TX 77706
Caldwood Elementary 102 Berkshire Lane Beaumont, TX 77707
Roy Guess Elementary (Hallway near Gymnasium) 8055 Voth Rd. Beaumont, TX 77708
Hebert Library (Community Room) 2025 Merriman St Port Neches, TX 77651
Jefferson County WCID 10 Fire Station (Front Lobby) 2024 Spurlock Rd. Nederland, TX 77627
Groves Public Library (Front Meeting Room) 5600 West Washington Groves, TX 77619
Nederland City Hall 207 N. 12th Street Nederland, TX 77627
Nederland Recreation Center (Meeting Room) 2301 Avenue H Nederland, TX 77627
Ray Chesson Office Building (Courtroom) 19217 FM 365 Beaumont, TX 77705
Jefferson County ESD #4 (Main Meeting Room) 12880 FM 365 Beaumont, TX 77705
Marion & Ed Hughes Public Library (Meeting Room) 2712 Nederland Ave Nederland, TX 77627
Port Neches City Hall (Council Chambers – Room 104) 1005 Merriman Port Neches, TX 77651
Groves Activity Building (Lounge) 6150 39th Street Groves, TX 77619
DeQueen Elementary (Fifth Grade Hall) 740 DeQueen Blvd Port Arthur, TX 77640
Zion Hill Baptist Church (Education Building) 5848 Roosevelt Ave Port Arthur, TX 77640
Jefferson County Sub-Courthouse (Foyer) 525 Lakeshore Dr Port Arthur, TX 77640
Former Dowling Elementary (Library) 6301 Pat Ave Port Arthur, TX 77640
O.W. Collins Retirement Center (Social Service Room) 4440 Gulfway Dr Port Arthur, TX 77642
Port Arthur Library (Lucy Stiefel Gallery) 4615 9th Avenue Port Arthur, TX 77642
Queen of Vietnam Catholic Church (St. Joseph Hall) 801 9th Avenue Port Arthur, TX 77642
R.L. Gabby Eldridge Center 5262 S. Gulfway Dr Sabine Pass, TX 77655
Travis Elementary (Library) 1115 Lakeview Ave Port Arthur, TX 77642
Willie Ryman Community Center 3248 39th Street Port Arthur, TX 77642
Alice Keith Park Recreation Center 4075 Highland Ave Beaumont, TX 77705
Charlton-Pollard Elementary (Gymnasium) 825 Jackson St Beaumont, TX 77701
Lamar University Montagne Center (Cardinal Club Room) 4401 S. MLK Pkwy Beaumont, TX 77705
Hamshire VFD and Community Center 12318 2nd St Hamshire, TX 77622
Jefferson County Courthouse (Lobby) Main Polling Location 1085 Pearl St Beaumont, TX 77701
MLK Middle School (Gymnasium) 1400 Avenue A Beaumont, TX 77701
John Paul Davis Community Center 3580 E. Lucas Dr Beaumont, TX 77703
Precinct 4 Service Center (Conference Room) 7780 Boyt Rd Beaumont, TX 77713
Sterling Pruitt Center (Multi-purpose Room) 2930 Gulf St Beaumont, TX 77703
Theodore Johns Library (Meeting Room) 4255 Fannett Rd Beaumont, TX 77705
5
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: August 15, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award
a contract to MK Constructors, of Vidor, for the Jefferson Street
Infrastructure Repair Project.
BACKGROUND
The Jefferson Street Infrastructure Repair Project consists of removing and replacing concrete
pavement, concrete curb and gutter, concrete sidewalk and ADA ramps, storm sewer lines, storm
sewer and sanitary sewer manholes and storm sewer inlets. The project limits are from Wall
Street to Forsythe Street. The storm sewer line has deteriorated causing several cavities and
damage to the road and sidewalks.
On August 3, 2023, four (4) bids were received for furnishing all labor, materials, and equipment
for the project. The Engineer’s Estimate is $392,000.00. The base bid items are totaled in the
table below:
Contractor Location Base Bid Total
MK Constructors Vidor, TX $327,285.00
Brystar Contracting, Inc. Beaumont, TX $365,034.00
Elite Contractors Kirbyville, TX $368,513.00
ALLCO, LLC Beaumont, TX $419,779.00
The Public Works Engineering staff recommends this project be awarded to the lowest bidder,
MK Constructors, in the amount of $327,285.00. A total of ninety (90) calendar days are
allocated for completion of the project.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
Jefferson Street Infrastructure Repair Bid Tab
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on August 3, 2023 the City solicited bids for the Jefferson Street
Infrastructure Repair Project; and,
WHEREAS, four (4) bids were received for furnishing all labor, materials, and
equipment for the project; and,
WHEREAS, MK Constructors of Vidor, Texas submitted a bid for an amount of
$327,285.00 as shown in Exhibit “A,” attached hereto; and,
WHEREAS, City Council is of the opinion that the bid submitted by MK
Constructors of Vidor, Texas is the lowest bidder providing the best value to the City and
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
THAT the bid submitted by MK Constructors, Vidor, Texas in the amount of
$327,285.00 as shown in Exhibit “A,” be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with MK Constructors, of Vidor, Texas, for the purposes
described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2023.
- Mayor Roy West –
ALTERNATIVES:
Contractual 26,131,172.00
a.
b.
c.
d.
e.
DEDUCTION
ADDITIONAL COSTS
MATCHING
OTHER RESEARCH (Add / Deduct Option)
OTHER (See REMARKS)
a
TOTAL DIRECT COSTS
INDIRECT COSTS
26,505,491.00
90,509.00
l. TOTAL APPROVED BUDGET 26,596,000.00
16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY
ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY
OR BY REFERENCE IN THE FOLLOWING:
m.
n.
Federal Share
Non-Federal Share
23,680,000.00
a.
b.
c.
d.
The grant program legislation.
The grant program regulations.
This award notice including terms and conditions, if any, noted below under REMARKS.
Federal administrative requirements, cost principles and audit requirements applicable to this grant.
2,916,000.00
In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall
prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained from the grant payment system.
1. DATE ISSUED MM/DD/YYYY
05/22/2023
1a. SUPERSEDES AWARD NOTICE dated 04/20/2022
except that any additions or restrictions previously imposed
remain in effect unless specifically rescinded
2. CFDA NO.
87.052 - Spill Impact Component Project Grants
3. ASSISTANCE TYPE Project Grant
4. GRANT NO. GNSSP22TX0035-01-01
Formerly
5. TYPE OF AWARD
Other
4a. FAIN GNSSP22TX0035 5a. ACTION TYPE Post Award Amendment
6. PROJECT PERIOD
From
MM/DD/YYYY
04/20/2022 Through
MM/DD/YYYY
02/28/2026
7. BUDGET PERIOD
From
MM/DD/YYYY
04/20/2022 Through
MM/DD/YYYY
02/28/2026
The Gulf Coast Ecosystem Restoration Council
RESTORE Council
Gulf Coast Ecosystem Restoration Council
500 Poydras Street
Suite 1117
New Orleans, LA 70130
NOTICE OF AWARD
AUTHORIZATION (Legislation/Regulations)
RESTORE Act, 33 U.S.C. 1321(t)(3) and 40 CFR Part 1800 - Spill
Impact Component
8. TITLE OF PROJECT (OR PROGRAM)
FY22 RESTORE SHORELINE AND BEACH RESTORATION (BKT 3)
9a. GRANTEE NAME AND ADDRESS
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
12100 Park Thirty Five Cir
Austin, TX 78753-1808
9b. GRANTEE PROJECT DIRECTOR
Jessica Ham
PO BOX 13087
AUSTIN, TX 78753-1808
Phone: 5122390188
10a. GRANTEE AUTHORIZING OFFICIAL 10b. FEDERAL PROJECT OFFICER
Mr. Toby Baker
PO Box 13087 MC-183
Austin, TX 78711-3087
Phone: [NO PHONE RECORD]
An authorized representative electronically signed the award on 05/31/2023
Bridget Zachary
500 Poydras St
Gulf Coast Ecosystem Restoration Council
New Orleans, LA 70130-3319
Phone: 504-232-3750
ALL AMOUNTS ARE SHOWN IN USD
REMARKS (Other Terms and Conditions Attached - Yes No)
This amendment revised Special Award Conditions to add Non-Federal Subrecipient Share Requirement which is applied to the Beaumont Riverfront Park Project. As a result of 2022 redistricting,
the
correct recipient Congressional District is 37.
AUTHORIZING OFFICIAL:
17.OBJ CLASS 41.0006 18a. VENDOR CODE
808805154 18b. EIN 742677375 19a. UEI K8D3M5BXYL74 19b. DUNS 808805154 20. CONG. DIST.
10
FY-ACCOUNT NO. DOCUMENT NO. ADMINISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION
21. a. SEP b. GNSSP22TX0035 c. 6013 NONIN d. $0.00 e.
22. a. b. c. d. e.
23. a. Texas Comm b
i.ssion on Environmental Q
cu.
ality Page 138 of 1d
5. 1 Contract Name: Beaumont Riverfro n
et
. Park
MATCHING
OTHER RESEARCH (Add/ Deduct Option)
OTHER (See REMARKS)
I. TOTAL APPROVED BUDGET 23,680,000.00
16. TttS AWARD IS BASED ON AN APPLICATION SUBt.lTTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY
ON THE A90VETITLED PROJECT AND IS SUBJECT TOTHE TERMSAND CONDITIONSINCORPORATED EITHER DIRECTLY
OR BY REFERENCE IN THE FOLLOWING:
m.
a.
b.
C.
d.
The 17Bnt pram IIQSlalkxl
The !78nt program reg.ilatlons.
This award notice including tenns and conditions, if any, noted below under REMARKS.
Federal administrative requi'ements, cost prilcpes and audit requirements applicable to this grant.
n.
Federal Share
Non-Federal Share
23,680,000.00
In the event there are conflicting or otherwise inoonsistent policies applicable to the grant, the above order of precedence shall
0.00□ No)
prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained from the grant payment system.
REMARKS (Other Terms and Conditions Attached - �Yes
1. DATE ISSUED MMIDDIYYYY 1a. SUPERSEDES AWARD NOTICE dated
ATTACHMENT L
04/20/2022
2. CFDA NO.
I except that any additions or restrictions previously imposed
remain in effect unless specifically rescinded The Gulf Coast Ecosystem Restoration Council
RESTORE Council
87.052 - Spill Impact Component Project Grants Gulf Coast Ecosystem Restoration Council
3. ASSISTANCE TYPE Project Grant
4. GRANT NO. GNSSP22TX0035-01-00 5. TYPE OF AWARD
Fonmerly Other
4a. FAIN GNSSP22TX0035 5a. ACTION TYPE New
6. PROJECT PERIOD MMIDDIYYYY
From 04/20/2022 Through
7. BUDGET PERIOD MMIDDIYYYY
From 04/20/2022 Through
B. TITLE OF PROJECT (OR PROGRAM)
FY22 RESTORE SHORELINE AND BEACH RESTORATION (BKT 3)
MMIDDIYYYY
02/28/2026
MMIDDIYYYY
02/28/2026
500 Poydras Street
Suite 1117
New Orleans, LA 70130
NOTICE OF AWARD
AUTHORIZATION (Legislation/Regulations)
RESTORE Act, 33 U.S.C. 1321(t)(3) and 40 CFR Part 1800 - Spill
Impact Component
a. Salaries and Wages ..................................
..
262,496.00
Fringe Benefits ..................................
..
101,953.00
c. Total Personnel Costs ................. 364,449.00
d. Equipment . ................................. 0.00
e. Supplies .................................. 135.00
f. Travel ................................
..
9,600.00
g. Construction ................................
..
0.00
h. Other . ................................. 135.00
Contractual ................................
..
23,215,172.00
TOTAL DIRECT COSTS 23,589,491.00
k. INDIRECT COSTS 90,509.00
Terms and conditions and other award information is attached.
AUTHORIZING OFFICIAL:
18a. VENDOR CODE 808805154
DOCUMENT NO.
b. GNSSP22TX0035
b.
b.
18b. EIN 742677375
ADMINISTRATIVE CODE
6013 NONIN
C.
C.
19a. UEI K8D3M5BXYL74
AMT ACTION FIN ASST
19b. DUNS 808805154
FY-ACCOUNT NO.
21.a. SEP
22.a.
23.a.
d.
d.
20. CONG. DIST. 10
APPROPRIATION
$23,680,000.00 e.
e.
e.
Print Name:
Title:
Telephone No.: Date:
Federal Use Only:
Texas Commission on Environmental Quality Page 54 of 151 Contract Name: Beau
Authorized for Local Reproduction
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(d) Notifying the employee in the statement required by paragraph (a)
that, as a condition of employment in such grant, the employee will:
(i) Abide by the terms of the statement; and
(ii) Notify the employer of any criminal drug use statute conviction
for a violation occurring in the workplace no later than five
calendar days after such conviction;
(e) Notifying TCEQ and the granting agency in writing, within ten
calendar days after receiving notice of a conviction under paragraph
(d)(ii) from an employee or otherwise receiving actual notice of such
conviction;
(f) Taking one of the following actions, within 30 days of receiving
notice under paragraph (d)(ii) , with respect to any employee who is
so convicted:
(i) Taking appropriate personnel action against such an employee,
up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(ii) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement,
or other appropriate agency; and
(g) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a) through (f).
E. Certification Regarding Lobbying
1. The Subgrantee certifies, to the best of its knowledge and belief,
that:
(a) No Federal appropriated funds have been paid or will be paid, by or
on behalf of the Subgrantee, to any person for influencing or
attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative
agreement.
(b) If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Application, the undersigned shall
complete and submit Standard Form-LLL, ‘‘Disclosure Form to
Report Lobbying,’’ in accordance with its instructions.
(c) The Subgrantee shall require that the language of this certification
be 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 sub-recipients shall
certify and disclose accordingly.
2. This certification is a material representation of fact upon which
reliance is placed when this transaction is made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by title 31 U.S. Code
section 1352. 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.
Signature of Authorized Senior Official:
Name: Date:
Title: Organization:
Texas Commission on Environmental Quality Page 53 of 151 Contract Name: Beaumont Riverfront Park
furnish a certification or an explanation shall disqualify such
person/entity from participation in this transaction.
3. This certification is a material representation of fact upon which
reliance is placed when TCEQ and Council determines to enter into
this transaction. If it is later determined that the Subgrantee knowingly
rendered an erroneous certification, in addition to other remedies
available to the Federal government, TCEQ or Council may terminate
this transaction for cause or default.
4. The Subgrantee shall provide immediate written notice to TCEQ if at
any time the Subgrantee learns that its certification was erroneous
when submitted or has become erroneous by reason of changed
circumstances.
5. The terms “covered transactions,” “debarred,” “suspended,” “ineligible,”
“lower tier covered transaction,” “participant,” “person,” “primary
covered transaction,” “principal,” “proposal”, and “voluntarily excluded,”
as used in this clause (certification), have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive
Order 12549. You may contact TCEQ for assistance in obtaining a
copy of those regulations (31 C.F.R. Part 19).
6. The Subgrantee agrees by entering the subgrant agreement that,
should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by
TCEQ and Council.
7. The Subgrantee further agrees by entering the subgrant agreement
that it will not award any contract or subaward to any entity on the
government-wide Excluded Parties List System (see 31 C.F.R. Part 19,
Appendix).
8. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not
debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is
not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and