14 11 03 agenda supplements

Date of Meeting: November 3, 2014

Agenda Item No. (to be assigned by CSO): I

From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Call to Order, includes the following:

A. Certification of Public Notice. B. Invocation. C. Pledge of Allegiance. D. Roll Call.

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Pastor Ray Sanchez from First Baptist Church will lead the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll.

Fiscal Note: Amount: $ N/A Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Four or more Commissioners present constitutes a Quorum; otherwise, no action may be taken. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): One-page with pledges and mission statement. Responsibilities upon Approval: Conduct meeting per Ordinance 2011-05, according to Roberts Rule of Order and commencing at 5:30 p.m.

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

Page 1 November 3, 2014

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City of Weslaco “The City on the Grow”

255 S. KANSAS AVE. ■ WESLACO, TEXAS 78596-6285 ■ 956-968-3181 ■ WWW.WESLACOTX.GOV

David Suarez, Mayor John F. Cuellar, Mayor Pro-Tem, District 2

David R. Fox, Commissioner, District 1 Olga M. Noriega, Commissioner, District 3

Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5

Fidel L. Pena, III, Commissioner, District 6

Leonardo Olivares, City Manager

The Pledge of Allegiance to the Flag

“I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.”

The Pledge of Allegiance to the State Flag "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." *The pledge was amended by House Bill 1034 during the 80th Legislature with the addition of "one state under God." The revised wording became effective on June 15, 2007.

Preamble to the Constitution of the United States of America We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH

Friendly people with vision, courage and integrity

STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE

*Positive Attitude of Courtesy & Concern *Doing it Right the First Time *Sensitive to the citizens’ needs *Friendly Respect for All *Service without Hassle



Minutes of the Regular Meeting on October 21, 2014 Page 1 of 13

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, OCTOBER 21, 2014

On this 21st day of October 2014 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Regular Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor David Suarez Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner David R. Fox Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Fidel L. Pena, III

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker Interim City Attorney Juan Guerra Also present: Juan Salas, IT Department; Bret Mann, Finance Director; David Salinas, Public Utilities Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Interim Chief Chris Sanchez, Fire Department; Interim Chief Sergio Ramirez, Police Department; David Arce, Parks and Recreation Director; Oscar Garcia, Public Facilities Director; Olga Garza, Public Facilities Assistant Director; Sonia Flores, Assistant Finance Director; George Garrett, Airport Director; Arnold Becho, Library Director; Joe Pedraza, Health Official; Christine Suing, Human Resources; Gloria Givilancz, Grants Compliance Coordinator, and other staff members and citizens. I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Suarez called the meeting to order and certified the public notice of the meeting as properly posted Saturday, October 18, 2014.

B. Invocation. Pastor David McAnn from First Presbyterian Church delivered the invocation.

C. Pledge of Allegiance. Mayor Suarez recited the Pledge of Allegiance and Mayor-Pro Tem Cuellar recited the Texas flag.

D. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the arrival of Commissioner Fox arrived at 5:50 p.m.



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II.

PUBLIC COMMENTS No comments were received.

IV. CONSENT AGENDA The following items are of a routine or administrative nature. The City Commission has been furnished with background and support material on each item, and/or it had been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by one commission member, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Possible action.

A. Approval of the Minutes of the Regular Meeting of October 7, 2014. (Staffed by City Secretary’s Office.) Attachment.

B. Authorization to solicit proposals to purchase two (2) half-ton pick-up trucks to be used by the Public Utilities Department, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. (Staffed by Public Utilities.) Attachment.

C. Approval of a one-year extension to the Interlocal Agreement with Texas A&M University-Kingsville to actively participate in the Regional Task Force formed to respond and aid compliance with the Texas Commission on Environmental Quality Phase II Storm Water Rules with an annual membership fee of $11,025.00, authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. (Staffed by Public Utilities.) Attachment.

D. Authorization to submit an application renewing the ERate 2015-2016 Grant program, the acceptance of funds upon award, the acceptance of additional funding if awarded during the grant year, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Library.) Attachment.

E. Acceptance of monetary contributions and gift donations from local vendors and/or the public for library programing within fiscal year 2014 – 2015, including the Summer Reading Program (SRP) and Winter Reading Program (WRP). (Staffed by Libary.) Attachment.

F. Approve a budget amendment as appropriate for the Consolidated Plan for Community Planning & Development (CDBG) Urban County Program Fiscal Year 25 (2012), adding $31,367.30 for the purchase of minor equipment, furnishings shelving and related fixtures for the library and authorize the Mayor to execute any related documents. (Public hearing held October 7, 2014; Staffed by City Manager’s Office.) Attachment.

G. Approve a budget amendment as appropriate for the Consolidated Plan for Community Planning & Development (CDBG) Urban County Program Fiscal Year




24 and 25 (2011 and 2012), utilizing the original work plan to add the following scope of work: the installation of water lines and sewer lines and related street resurfacing improvements to include but not limited to engineering, advertisements and material testing as it pertains to project completion in the alleys between Calle Del Cedro, Calle Del Pino, Missouri Avenue and Texas Blvd. as previously environmentally cleared and authorize the Mayor to execute any related documents. (Public hearing held October 7, 2014; Staffed by City Manager’s Office.) Attachment.

H. Authorization of the renewal of participation in the Texas Facilities Commission Federal Surplus Property Program and authorize the Mayor to execute any related documents. (Staffed by Finance.) Attachment.

I. Authorization to use funds from the Court Technology Fund to pay the yearly fee for the Incode Service fee, which includes the Court Case Management, Cash Drawer, and Receipt Printer, in the combined amount not to exceed $9,281.53. (Staffed by Municipal Court.) Attachment.

J. Approval of the request from San Martin de Porres Catholic Church to place a banner over Texas Boulevard/FM 88 promoting an event November 2, 2014, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation. (Staffed by the City Manager’s Office.) Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

V. APPOINTMENTS Standard Documentation on Appointments

A. Discussion and consideration to approve Resolution 2014-41 appointing one member to an expired term on the Parks and Recreation Advisory Board and authorize the Mayor to execute any related documents. Possible action. (This item was tabled October 7, 2014; Staffed by Parks and Recreation Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to remove the item from the table. The motion carried unanimously; Mayor Suarez was present, but not voting. The City Secretary stated she heard personally from Julian Flores, who desires to continue to serve on the Parks and Recreation Advisory Board; his letter of interest has been received and filed. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve Resolution 2014-41 reappointing Julian Flores as one member to an expired term on the Parks and Recreation Advisory Board and authorize the Mayor to execute any




related documents. The motion carried unanimously; Mayor Suarez was present and voting.

B. Discussion and consideration to approve Resolution 2014-44 appointing member(s) of the City Commission, not to exceed three, to an inaugural term(s) on the Steering Committee for the 2014 Comprehensive Plan. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. Mr. Mark Long, with the firm Gonzalez de la Garza, explained the purpose of the Steering Committee is to develop a master plan for the City, including a master drainage plan and a parks master plan. The Committee, consisting of 22 members, will identify existing land uses, community profile and character analysis, and project what Weslaco will look like in the year 2040. As for the next steps of the plan, input will be solicited through November, and the website www.weslaco2040.com will be launched. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve Resolution 2014-44 appointing Mayor Suarez to the Steering Committee for the 2014 Comprehensive Plan. The motion carried unanimously; Mayor Suarez was present and voting. Commissioner Rivera, seconded by Commissioner Tafolla, moved to appoint Commissioner Fox to the Steering Committee for the 2014 Comprehensive Plan. The motion carried unanimously; Mayor Suarez was present and voting. Commissioner Rivera, seconded by Mayor Pro-Tem Cuellar, moved to appoint Commissioner Tafolla to the Steering Committee for the 2014 Comprehensive Plan. The motion carried unanimously; Mayor Suarez was present and voting. For the record, the Resolution reads as follows:

RESOLUTION NO. 2014-44

A RESOLUTION OF THE CITY OF WESLACO APPOINTING REPRESENTATION FROM THE WESLACO CITY COMMISSION TO THE STEERING COMMITTEE FOR THE 2014 COMPREHENSIVE PLAN.

WHEREAS, the Steering Committee for the 2014 Comprehensive Plan is charged with

making recommendations for the sustainable growth and development of the City of Weslaco; and

WHEREAS, membership to this Committee is intended to represent a diversity of stakeholders across the community, including its elected leadership; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT the following members of the Commission, not to exceed three, are appointed to serve a term on the Steering Committee for the 2014 Comprehensive Plan for a term length to be determined: Mayor David Suarez, Commissioner David Fox, and Commissioner Gerardo Tafolla.



http://www.weslaco2040.com/


PASSED AND APPROVED this 21st day of October, 2014. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ CITY ATTORNEY

VI. OLD BUSINESS

A. Discussion and consideration to award the best qualified, most advantageous bidder in response to Request for Bids for the Lift Stations Alarm Monitoring Equipment and Services, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (This item was tabled on October 7, 2014; Staffed by Public Utilities Department.) Attachment. Commissioner Pena, seconded by Commissioner Tafolla, moved to remove the item from the table. The motion carried unanimously; Mayor Suarez was present and voting. In response to Commissioner Pena, Mr. David Salinas clarified the total first year costs as bid, including installation and operation, were $53,461.80 and $69,189.00 from Superior Alarms and ASG, respectively. He added this is a two year contract with a one year warranty and a one year service agreement that can renew; staff’s recommendation is Superior Alarms as the most advantageous bidder. Commissioner Pena, seconded by Mayor Pro-Tem Cuellar, moved to award Superior Alarms as the best qualified, most advantageous bidder in response to Request for Bids for the Lift Stations Alarm Monitoring Equipment and Services, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

B. Discussion and reconsideration on behalf of Erica Flores to approve a Conditional Use Permit to obtain a Beer and Wine Retailers Off-Premise permit at 525 North Cantu St., also being Lot 7, Block 5, Villa Vista Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (Public hearing held and item failed October 7, 2014; Requested by Commissioner Fox and Mayor Pro-Tem Cuellar.) Attachment. Mayor Pro-Tem Cuellar stated that during the public hearing on this item the previous meeting, the Weslaco Independent School District expressed opposition, though the location historically has had such a permit. WID subsequently rescinded its opposition. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to reconsider the item. Each withdrew the motion when the City Attorney advised that parliamentary procedure stipulates a member of the prevailing party must move to reconsider.




Commissioner Fox, seconded by Mayor Pro-Tem Cuellar, moved to reconsider the item. In response to Commissioner Noriega, Interim City Attorney Juan Guerra clarified that it would not be necessary for this item to return to the Planning & Zoning Commission to be re-approved; she requested such legal opinion in writing to be sure the action is not later voidable. Commissioner Fox, seconded by Mayor Pro-Tem Cuellar, moved to amend the motion approving the item as presented, pending legal review and written memorandum to ensure such action complies with statute. The motion carried unanimously; Mayor Suarez was present and voting. The original motion carried unanimously; Mayor Suarez was present and voting. Subsequent to this discussion, the following legal opinion was filed:




III. PUBLIC HEARING

A. To solicit input in compliance with the Consolidated Plan for Community Planning &

Development (CDBG) Urban County Program Fiscal Year 28 (2015). Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to open the public hearing at 6:03 p.m. The motion carried unanimously; Mayor Suarez was present and voting. Christian Munoz, representing Nuestra Clinica del Valle, requested $15,000.00 for the community health center to provide medical and dental services to citizens, as his program is facing a 60% cut in federal funding. Jose Perez, Director of the Senior Companion Program, requested $10,000.00 to continue to serve homebound adults, especially the elderly, and grow the program in Weslaco. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to close the public hearing at 6:18 p.m. The motion carried unanimously; Mayor Suarez was present and voting.

VII. NEW BUSINESS

A. Discussion and consideration to accept bids received on tax resale property described as follows:

(1) Lot 67, Block III, Tierra Santa Golf Club & Community, Phase I, an addition to the City of Weslaco; and

(2) Lot 68, Block III, Tierra Santa Golf Club & Community, Phase I, an addition to the City of Weslaco, approve Resolution 2014-43 authorizing the tax resale, authorize a budget amendment as appropriate, and authorize the Mayor to execute the tax resale deeds and any related documents. Possible action. (Staffed by Finance Department.) Attachment. Mr. Michael Cano, representing Linebarger, stated tax foreclosure is a last resort; for these two properties identified, the bids received recover 100% of the taxes due to the City. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting. For the records, the Resolution reads as follows:

RESOLUTION NO. 2014-43




STATE OF TEXAS

COUNTY OF HIDALGO

CITY OF WESLACO

§

§

§

A RESOLUTION AUTHORIZING TAX RESALE

WHEREAS, by Tax Resale conducted on September 2, 2014 the properties described below were struck-off in accordance with Texas Tax Code Ann. §34.05; and WHEREAS, these properties were acquired by the City through previous tax foreclosure proceedings:

1) Lot 67, Block III, Tierra Santa Golf Club and Community, Phase I, an addition to the City of Weslaco

2) Lot 68, Block III, Tierra Santa Golf Club and Community, Phase I, an addition to the City of Weslaco.

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Weslaco approves the bids received on the properties described and authorizes the Mayor to execute tax resale deeds conveying the approved properties. PASSED AND APPROVED on this 21st day of October, 2014. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ CITY ATTORNEY

B. Discussion and consideration to approve the Final Plat of Sinai Subdivision, being 4.10 acre tract of land out of Farm Tract 708, West & Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, located east of Mile 3½ West, approximately 2,027 feet north of Mile 6 North Road and authorize the Mayor to execute any related documents. Possible action. (Requires three-fourths vote as Planning and Zoning Commission recommended denial; Staffed by Planning and Code Enforcement.) Attachment. Mr. Mardoqueo Hinojosa stated that the discrepancies cited by the Planning and Zoning Commission as cause for denial have been cured by the applicant; staff recommends approval. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

C. Discussion and consideration to approve Ordinance 2014-18 regarding the voluntary annexation of Sinai Subdivision also being the 4.24 acre tract of land out of Farm Tract No. 708, West & Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, located east of Mile 3 ½ West, approximately 2,027 feet north of Mile 6 North Road. First reading of Ordinance 2014-18. Possible action. (Staffed by Planning and Code Enforcement.) Attachment. In response to Commissioner Pena, Mr. Hinojosa clarified this land is not part of the




annexation dispute with the City of Mercedes; the land area in the proposed annexation is greater than that in the final plat of the preceding item because the City seeks to annex the right of way to access the property, as worded in the metes and bounds. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

D. Discussion and consideration to reject all bids from Request for Bids No. 2013-14-18 for Sodium Hypochlorite and authorize the re-bid to obtain more favorable bids, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The City Manager stated that the City received one bid in response to the request and hopes to receive more bids; Mr. Salinas stated vendors had been contacted but they didn’t bid. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

E. Discussion and consideration to reject all bids from Request for Bids No. 2013-14-18 for Sodium Thiosulfate and authorize the re-bid to obtain more favorable bids, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The City Manager cited the same issue as the previous item. In response to Commissioner Noriega, Mr. Salinas stated the City must open bid at the advertised time, but those bids received have not been made public. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

F. Discussion and consideration to amend Purchase Order no. 14-01819 of $45,830.00 to Radiant Industrial Solutions, Inc. awarded on June 17, 2014 for a total purchase of $79,425.00 for Module Repair and installation of UV Lamps at the City of Weslaco South Wastewater Treatment Plant, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The City Manager stated the City previously looked to install UV lamps, but the vendor made recommendations for improved efficiencies; Mr. Salinas stated these




recommendations are consisted with the Preliminary Engineering Report subsequently presented by Briones and recently approved by the Commission. These lamps are watertight and modular to sit above ground, since the plant sits three feet below the specified level, to help prevent flooding and burnout. The funding source is the CIP fund. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

G. Discussion and consideration to approve the City of Weslaco’s Debt Management Policy and authorize the Mayor to execute any related documents. Possible action. (Staffed by Finance Department.) Attachment. The City Manager stated this item is separate from the fund balance policy, adding more clarity to the roles of staff and Commission. In response to Commissioner Noriega, Mr. Bret Mann stated he presents a revised policy now since the fund reserve goal of 25% has been achieved. Commissioner Pena, seconded by Commissioner Fox, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

H.

Discussion and consideration to approve the City of Weslaco’s Fund Balance Policy and authorize the Mayor to execute any related documents. Possible action. (Staffed by Finance Department.) Attachment. Mr. Mann stated this policy stipulates that should the fund reserve dip below the established goal of 25%, the Commission should adopt a plan to replenish within three years. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

I. Discussion and consideration to authorize an audit of the Hotel Occupancy Tax fund for the past five fiscal years. Possible action. (Requested by Mayor Pro-Tem Cuellar and Commissioner Fox.) The Mayor Pro-Tem stated that at the candidates’ forum last week, some questions were critical of the Hotel Occupancy Tax fund. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioner Noriega suggested an external audit. Mayor Pro-Tem Cuellar, seconded by Mayor Suarez, moved to amend the motion to stipulate an external audit. Mr. Mann suggested expanding the scope of the audit to




ten years. Mayor Pro-Tem Cuellar, seconded by Commissioner Pena, moved to amend the motion to expand the scope of the audit ten years. The motion carried unanimously; Mayor Suarez was present and voting. The motion on the first amendment carried unanimously; Mayor Suarez was present and voting. The original motion carried unanimously; Mayor Suarez was present and voting.

J. Discussion and consideration to reschedule the next regular meeting of the City Commission from Tuesday, November 4 to Monday, November 3, 2014. Possible action. (Staffed by City Manager’s Office.) Commissioner Pena, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

VIII. REPORTS

A. Update on the status of the Weslaco Animal Shelter Advisory Committee and the ongoing operation of the Weslaco Animal Shelter. (Requested by Commissioners Pena and Noriega.) Mr. Joe Pedraza, Health Official, reported the Weslaco Animal Shelter Advisory Committee held a meeting on August 25, 2014; the next meeting is expected in November. The Committee is looking into implementing spay and neuter as well as chipping programs and a dedicated webpage. Commissioner Pena requested another follow up after the Weslaco Animal Shelter Committee’s next meeting in November.

B. Update on Police Department programs and personnel. During this presentation, the Mayor as well as Commissioner Fox, Pena, Rivera, and Tafolla each left the dais, staggered in turn, and returned. Interim Chief Sergio Ramirez reported on the current statistics of the Police Department, including 160 automobile accidents from September 1, 2014 through October 3, 2014, as well as 26 complaints filed with the department since May of 2014, 20 of which have been completed. He restructured the department, expanding from four to six sectors and reassigned nine officers to patrol. He presented efforts to increase visibility, such as the recent addition of the night eyes program and bike patrol for the downtown area.

C. Financial Status including General Fund Balance and Credit Rating.




Mr. Manuel Garcia reported a current fund balance of 32%, with a $1,549,000.00 difference between revenue and expenditures. Mr. Bret Mann stated that since February, Weslaco has maintained an A+ credit rating with the highest fund balance ever, approximately 4.3 months of operating expenses in reserve.

IX. EXECUTIVE SESSION

At 7:45 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 8:00 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

X. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Pending Litigation - Consultation with City Attorney regarding Cause No. C-081-13 B, Weslaco Health Facilities Development Corporation v. Knapp Medical Center, et.al. as authorized by §551.071 of the Texas Government Code. There was no action on this item.

B. Contract Negotiations – Discussion with City Manager and City Attorney regarding the Architectural and Construction Oversight Contract between the City of Weslaco and Boultinghouse Simpson Gates Architects for the design and construction oversight of the New Valley Nature Center as authorized by §551.071 of the Texas Government Code. There was no action on this item.

C. Pending Litigation – Consultation with City Attorney regarding Cause No. C-3865-10-I, City of Weslaco v. Champion Energy Services, LLC as authorized by §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Pena, moved to ratify the contract as authorized and executed by Mayor Suarez on October 8, 2014, setting rates and releasing claims. The motion carried unanimously; Mayor Suarez was present and voting.

XI. ADJOURNMENT With no other business before the Commission, at 8:01 p.m. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to adjourn the October 21, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present, but not voting.

CITY OF WESLACO MAYOR, David Suarez




ATTEST: CITY SECRETARY, Elizabeth M. Walker MAYOR PRO-TEM, J.F. “Johnny” Cuellar

COMMISSIONER, David R. Fox

_______ COMMISSIONER, Olga M. Noriega COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera COMMISSIONER, Fidel L. Pena, III



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Texas Department of Public Safety

2014 Sub-Recipient Award for

City of Weslaco

1. General Award Information Reference/Encumbrance No:

Date of Award: September 16, 2014 Prepared By: Wilson, Kenneth 3. SAA Award Number: 14-SR 77272-01

4. Sub-Recipient Name and Address 5. Federal Grant Information

Mayor David SuarezCity of Weslaco255 South Kansas Ave.Weslaco, TX 78596

Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP)

Federal Grant Award Number: EMW-2014-SS-00029

Federal Granting Agency: U.S. Department of Homeland Security(DHS) Federal Emergency Management Agency (FEMA)

Date Federal Grant Awarded to TxDPS: August 6, 2014

CFDA: 97.067

6. Award Amount and Grant Breakdowns

SHSP LETPA

$34,278.00

Grant Period:

From:

Sep 1, 2014

To:

Jan 31, 2016

(The SAA must receive all invoices by the end of grant period)

7. Statutory Authority for Grant: The Department of Homeland Security Appropriations Act, 2014, (Public Law 113-76), and TheHomeland Security Act of 2002 as amended (Public Law 107-296), (6 U.S.C. § 603).

8. Method of Payment: Primary method is reimbursement.

9. Debarment/Suspension Certification: The Sub-Recipient certifies that the sub-recipient and its contractors/vendors and principalsare not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agencyand do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/

10. Agency Approvals

Approving TxDPS Official:

Garry JonesDeputy Assistant DirectorTexas Homeland SecurityState Administrative AgencyTexas Department of Public Safety

Signature of TxDPS Official:

11. Sub-Recipient Acceptance

I have read, understood and agree to this Sub-Recipient Agreement consisting of this Award and the attached Terms andConditions.

Print name and title of Authorized Sub-Recipient Official: Signature of Sub-Recipient Official:

Enter Employer Identification Number (EIN) orFederal Tax Identification Number:

DUNS Number: Date Signed :

DUE DATE: October 31, 2014 Signed Award with Terms and Conditions must be returned to [email protected] on or before thedue date.



2014 TERMS AND CONDITIONS

Instructions:

The Sub-recipient shall:

1. Fill in the information and sign the Grant Sub-Recipient Award;2. Certify they have read and understand these Terms and Conditions;3. Certify to the statements provided in Exhibits A, B, C and D located at the back of this document by filling in contactinformation and signing all exhibits, and4. Return all documents via email to [email protected] on or before the date provided in the transmittal letter and/orin this Grant.

1. Grant Sub-recipient AgreementThis Grant Sub-recipient Agreement (consisting of this 2014 Grant Sub-recipient Award and these Terms and Conditions) is made andentered into by and between the Department of Public Safety / Texas Homeland Security State Administrative Agency, an agency of theState of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient, hereinafter referred to as the "Sub-recipient” or“Sub-grantee.” Furthermore, DPS/THSSAA and the Sub-recipient are collectively hereinafter referred to as the “Parties.” This GrantSub-recipient Agreement (SRA), or otherwise referred to herein as “this Grant” or “this Agreement”, is only an offer until Sub-recipientreturns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub-recipient Award.

The FY 2014 Homeland Security Grant Program (HSGP) funding plays an important role in the implementation of the NationalPreparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the NationalPreparedness Goal (NPG) of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible costs related to the planning,organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorismand other catastrophic events. This program provides an integrated mechanism that builds and sustains core capabilities to support theNation’s Preparedness against terrorist attacks, major disasters, and other emergencies.

The FY 2014 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of the National PreparednessSystem (NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of eachof the five mission areas outlined in the NGP. NSGP provides funding support statutorily eligible costs to include target hardening and otherphysical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located within one of thespecific Urban Areas Security Initiative (UASI)-eligible Urban Areas. While this funding is provided specifically to high-risk nonprofitorganizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is alsodesigned to promote coordination and collaboration in emergency preparedness activities among public and private communityrepresentatives, as well as State and local government agencies.

Sub-recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. IfSub-recipient issues subawards as part of this Grant project, Sub-recipient shall include and require its subawardees to comply with theterms and conditions of this Grant.

The term "Sub-recipient agreement funds" as used in this Grant means funds provided by DPS/THSSAA under the United StatesDepartment of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein asDHS/FEMA). The term "Sub-recipient's funds" or match funds as used in this Grant means funds provided by the Sub-recipient.

2. Overview and Performance StandardsAll allocations and use of funds under this Grant shall be in accordance with the FY 2014 Funding Opportunity Announcement (FOA) for theFederal Grant Title specified on this Grant, and such FY 2014 FOA is incorporated by reference herein. Sub-recipient shall read, understandand accept the FY 2014 Funding Opportunity Announcement as binding.

A. Standard of Performance. Sub-recipient shall perform all activities and projects entered into the DPS/THSSAA web-based grantsmanagement system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriatelocal, regional and state-level grant administrator(s). Sub-recipient shall perform all activities in accordance with all terms, provisions andrequirements set forth in this Grant, including but not limited to the following Exhibits:

1. Assurances – Non-Construction Programs, hereinafter referred to as “Exhibit A” 2. Assurances – Construction Programs, hereinafter referred to as “Exhibit B”3. Certifications, hereinafter referred to as “Exhibit C”4. State of Texas Assurances, hereinafter referred to as “Exhibit D”

B. Failure to Perform. In the event Sub-recipient fails to implement the project(s) entered and approved in the DPS/THSSAA web-basedgrants management system, or comply with any provision of this Grant, Sub-recipient shall be liable to DPS/THSSAA for an amount not toexceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or anyother grant program funds administered by DPS until repayment to DPS/THSSAA is made and any other compliance or audit finding issatisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce futurefunding in additional DHS/FEMA and/or other grant programs administered by DPS.

3. Environmental ReviewSub-recipient shall assess its federally funded projects for potential impact to environmental resources and historic properties. Sub-recipient shall submit any required screening form(s) as soon as possible and shall comply with deadlines established byDPS/THSSAA. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon thecomplexity of the project and the potential for environmental or historical impact. Sub-recipient shall include sufficient reviewtime within its project management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA’s

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EHP review will result in a non-compliance finding and DPS/THSSAA will not authorize or release Grant funds for non-compliantprojects.

Sub-recipient, as soon as possible upon receiving this Grant, shall provide information to DPS/THSSAA to assist with the legally-requiredEHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening FormOMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for review. TheseEHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, theEndangered Species Act, EO 11988 – Floodplain Management, EO 11990 – Protection of Wetlands, and EO 12898 – EnvironmentalJustice. Sub-recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 329.

Sub-recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase anduse of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical securityenhancements involving ground disturbance, new construction, and modifications to buildings. Sub-recipient shall comply with all mitigationor treatment measures required for the project as the result of FEMA’s EHP review. Any changes to an approved project description willrequire re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur duringproject implementation, Sub-recipient shall ensure monitoring of ground disturbance and if any potential archeological resources arediscovered, Sub-recipient shall immediately cease construction in that area and notify FEMA and the appropriate State HistoricalPreservation Office.

4. Funding Obligations

A. DPS/THSSAA shall not be liable to Sub-recipient for any costs incurred by Sub-recipient that are not allowable costs.

B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under thisGrant shall not exceed the Total Award Amount listed on the Grant Sub-recipient Award.

C. Sub-recipient shall contribute the match funds listed on the Grant Sub-recipient Award.

D. Sub-recipient shall refund to DPS/THSSAA any sum of these Grant funds that has been determined by DPS/THSSAA to be anoverpayment to Sub-recipient or that DPS/THSSAA determines has not been spent by Sub-recipient in accordance with this Grant. Norefund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted bystatute or regulation. Sub-recipient shall make such refund to DPS/THSSAA within thirty (30) calendar days after DPS/THSSAA requestssuch refund.

E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA’s obligations under this Grant arecontingent upon the receipt of adequate funds to meet DPS/THSSAA’s liabilities hereunder, except as required by the Homeland SecurityGrant Program (HSGP). DPS/THSSAA shall not be liable to Sub-recipient for costs which exceed the amount specified in this Grant.

5. Performance Period The performance period for this Grant is listed on the Grant Sub-Recipient Award. All goods and services shall be received withinthe performance period AND all reimbursement requests shall be submitted to DPS/THSSAA within the performance period.Sub-recipient shall have expended all Grant funds and submitted reimbursement requests and any invoices in the DPS/THSSAAgrant management system by the end of the performance period. DPS/THSSAA shall not be obligated to reimburse expenses incurredor submitted after the performance period.

6. Uniform Administrative Requirements, Cost Principles and Audit Requirements Except as specifically modified by law or this Grant, Sub-recipient shall administer this Grant through compliance with the most recentversion of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations,and the terms and conditions of this Grant. A non-exclusive list is provided below.

A. Administrative Requirements

1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (theA-102 Common Rule);

2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals andOther Non-Profit Organizations (OMB Circular A-110).

3. 44 C.F.R. Part 10, Environmental Considerations

B. Cost Principles

1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87)

2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A-21)

3. 2 C.F.R. Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122)

4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations

C. Audit Requirements

OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations.

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D. Grant Guidance (Funding Opportunity Announcement)

Sub-recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2014 FundingOpportunity Announcement and supplemental resources for the HSGP currently available athttp://www.fema.gov/media-library-data/1395161200285-5b07ed0456056217175fbdee28d2b06e/FY_2014_HSGP_FOA_Final.pdf and theNonprofit Security Grant Program (NSGP), http://www.fema.gov/media-library-data/1396016700388-fb23d813b8df0d8eab995c8f27c1ac3e/FY_2014_NSGP_FOA_Final_Revised.pdf.

7. DHS Specific Acknowledgements and AssurancesSub-recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 – FinancialAssistance Award Standard Terms and Conditions (January 14, 2011), which is incorporated by reference herein. DHS requires thosestandard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financialassistance awards: http://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdf.

Sub-recipient acknowledges and agrees, and shall require any sub-recipients, subawardees, contractors, successors, transferees, andassignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents,information, facilities, and staff.

1. Sub-recipient shall cooperate with any compliance review or complaint investigation conducted by DHS.

2. Sub-recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources ofinformation related to this Grant and permit access to facilities, personnel, and other individuals and information as may be necessary, asrequired by DHS regulations and other applicable laws or program guidance.

3. Sub-recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backupdocumentation to support the reports.

4. Sub-recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law ordetailed in program guidance.

5. If, during the past three (3) years, Sub-recipient has been accused of discrimination on the grounds of race, color, national origin(including limited English proficiency), sex, age, disability, religion, or familial status, Sub-recipient shall provide a list of all suchproceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Officeof Civil Rights and Civil Liberties.

6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (includinglimited English proficiency), sex, age, disability, religion, or familial status against Sub-recipient, or Sub-recipient settles a case or matteralleging such discrimination, Sub-recipient shall forward a copy of the complaint and findings to the DHS Component and/or awarding office.

The United States has the right to seek judicial enforcement of these obligations.

8. Operation Stonegarden (OPSG) Specific ConditionsIf Sub-recipient is receiving Operation Stonegarden (OPSG) funds, Sub-recipient is prohibited from obligating or expending OPSGfunds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order orFragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border Protection/BorderPatrol (CBP/BP). Each Operations Order will be transferred via the secure portal (CBP/BP) BPETS system from each respective AORSector HQ to CBP/BP HQ in Washington, D.C., for review and pre-approval for Operational continuity, then forwarded to FEMA GPD/PGDOPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA andCBP/BP HQ in Washington, D.C.

1. Sub-recipient shall develop and submit required operational documents through the border area’s Integrated Planning Team.

2. Sub-recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which willarticulate the intent of how OPSG funds will be used throughout Sub-recipient’s Grant performance period.

3. If Sub-recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a requestfor an overtime waiver shall be submitted through the Integrated Planning Team.

4. Sub-recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of thecampaign plan.

5. Sub-recipient shall only initiate tactical operations after the specific Operations Order(s) are approved through the Border PatrolHeadquarters and by FEMA, and the DPS/THSSAA has issued a Grant Sub-recipient Award or Grant Adjustment Notice (GAN) to thejurisdiction.

9. State Requirements for Grants Sub-recipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to thelaws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, StateAdministrative Agency Information Bulletins, available at http://www.txdps.state.tx.us/director_staff/saa/information_bulletins.htm, Texas Uniform Grants Management Standards (UGMS) at http://www.window.state.tx.us/procurement/catrad/ugms.pdf and the State Administrative Agency Sub-recipient Manual, available at http://www.txdps.state.tx.us/director_staff/saa/documents/subrecipientManual.pdf. Sub-recipient shall, in addition to the assurances andcertifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes,regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application.

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http://www.fema.gov/media-library-data/1395161200285-5b07ed0456056217175fbdee28d2b06e/FY_2014_HSGP_FOA_Final.pdf

http://www.fema.gov/media-library-data/1396016700388-fb23d813b8df0d8eab995c8f27c1ac3e/FY_2014_NSGP_FOA_Final_Revised.pdf

http://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdf

http://www.txdps.state.tx.us/director_staff/saa/information_bulletins.htm

http://www.window.state.tx.us/procurement/catrad/ugms.pdf

http://www.txdps.state.tx.us/director_staff/saa/documents/subrecipientManual.pdf

Sub-recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows:

1. Grant funds may not be expended for this Grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701,unless the law enforcement agency requesting this Grant is in compliance with all rules developed by the Texas Commission on LawEnforcement (COLE) or TCOLE certifies that the requesting agency is in the process of achieving compliance with such rules.

2. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a pollconducted by an academic institution as part of the institution’s academic mission that is not conducted for the benefit of a particularcandidate or party.

3. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements aresatisfied:

a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local governmentemployees;

b. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support thecandidacy of any person for office; influencing positively or negatively the payment, loan, or gift to a person or political organization for apolitical purpose and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of alobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist;

c. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who usesalcoholic beverages on active duty and Sub-recipient may not use Grant funds to purchase an alcoholic beverage and may not pay orreimburse any travel expense for an alcoholic beverage;

d. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Sub-recipient to make every effort to attain key performancetarget levels associated with this Grant, including performance milestones, milestone time frames, and related performance reportingrequirements; and

e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grantmay only be expended if Sub-recipient timely completes and files its reports.

10. Restrictions and General ConditionsA. Use of Funds. DHS Grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutoryauthority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, orintervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal governmentor any other government entity.

B. Lobbying Prohibited. No funds shall be expended by Sub-Recipient to pay any person to influence, or attempt to influence an officer oremployee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress inconnection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. Theselobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub-Recipient understands and agrees that it shall not use any federalfunds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any levelof government, without the express prior written approval of FEMA.

C. Transferring Funds. Sub-recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG)without a properly executed GAN.

D. Federal Employee Prohibition. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposalsubmitted under this Grant. Federal employees may not receive funds under this Grant.

E. Cost Categories. There may be limitations on the use of HSGP and/or NSGP funds for the categories of costs listed below. Foradditional details on restrictions on the use of funds, refer to the FY 2014 HSGP or NSGP FOA, Appendix C, Funding Guidelines.

1. Management and Administration

2. Planning

3. Organization

4. Equipment

5. Training

6. Exercises

7. Maintenance and Sustainment

8. Critical Emergency Supplies

9. Construction and Renovation

F. Governing Board Approval. In cases where local funding is established by a Council of Government (COG) or an Urban Area SecurityInitiative (UASI) governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governingboard.

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G. Notices. All notices or communications required or permitted to be given by either Party hereunder shall be deemed sufficiently givenif mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Lone Star, tothe other Party at its respective address. For notice to DPS/THSSAA see address set forth below. For Sub-recipient, see the address listedon the Grant Sub-Recipient Award page or Point of Contact address listed for the Sub-recipient in the DPS/THSSAA Grants ManagementSystem (SPARS).

DPS/THSSAA Contact InformationDeputy Assistant Director

Texas Homeland Security State Admin. Agency

Texas Department of Public Safety

P.O. Box 4087

Austin, TX 78773-0220

H. Points of Contacts. Within 30 calendar days of any change, Sub-recipient shall notify DPS/THSSAA of any change or correction to thechief elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system.

I. DUNS Number. Sub-recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedgov.dnb.com/webform.

J. Central Contractor Registration and Universal Identifier Requirements. Sub-recipient maintains that it has registered on the Systemfor Award Management (SAM) at www.sam.gov, or other federally established site for contractor registration, and enteredDPS/THSSAA-required information. Sub-recipient shall keep current, and then review and update the information at least annually. Sub-recipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report orreceives final Grant award payment. Sub-recipient agrees that it shall not make any subaward agreement or contract related to this Grantwithout first obtaining the vendor/subawardee's mandatory DUNS number. See Section .210 of OMB Circular A-133, Audits of States, LocalGovernments, and Non-profit Organizations.

K. Indirect Cost Allocation Plan. Sub-recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by CognizantAgency to DPS/THSSAA within 30 calendar days of the approval. “Cognizant agency” means the Federal agency responsible for reviewing,negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federalagencies. OMB publishes a listing of cognizant agencies at http://harvester.census.gov/sac/dissem/asp/reports.asp. Unless the basis of thecost plan changes, Sub-recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendardays after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed [email protected]. The Sub-recipient name shall be included in the file name and subject line of the email transmittal.

L. Reporting Total Compensation of Sub-recipient Executives. 2 C.F.R. §170.320; see FEMA Information Bulletin 350.

1. Applicability and what to report: Sub-recipient shall report whether Sub-recipient received $25 million or more in Federal procurementcontracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub-recipient shall report whether 80% or more ofSub-recipient’s annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub-recipient answers“yes” to both questions, Sub-recipient shall report, along with Sub-recipient's DUNS number, the names and total compensation (see 17C.F.R. §229.402(c)(2)) for each of Sub-recipient’s five most highly compensated executives for the preceding completed fiscal year.

2. Where and when to report: Sub-recipient shall report executive total compensation at www.sam.gov, or other federally establishedreplacement site. By signing this Grant, Sub-recipient certifies that, if required, Sub-recipient's jurisdiction has already registered, enteredthe required information, and shall keep information in the SAM database current, and update the information at least annually for each yearuntil the later of when the jurisdiction submits its final financial report or receives final payment. Sub-recipient agrees that it shall not makeany subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number.

M. Direct Deposit. If Sub-recipient has not received HSGP or NSGP reimbursements from DPS/THSSAA within the past eleven (11)months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms fromSub-recipient shall be emailed to [email protected]. The email subject line and attachment name shall include the jurisdiction nameand identify the document attached (i.e. “Sample County DD form”). The direct deposit form is currently available at http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdf. Sub-recipient may simultaneously sign up for the Advance Payment Notification (APN) email feature which provides State of Texas payees with a one-business-day advance notice that a direct deposit payment hasbeen sent to its financial institution. After receiving an APN, a payee may securely access its payment details online.

N. Procurements. Sub-recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limitedto proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant inaccordance with 44 C.F.R. §13.36.

O. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 44C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds awarded under thisGrant, Sub-recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligibleor voluntarily excluded by any federal department and agency and shall confirm the vendor/subawardee does not have any active“Exclusions” by reviewing the vendor/subawardee entity information at https://www.sam.gov/portal/public/SAM/.

Q. Management and Administration. If this Grant includes a specific award of funds to Sub-recipient for management and administration(M&A), Sub-recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A,refer to Information Bulletin 365 located athttp://www.fema.gov/grants/grant-programs-directorate-information-bulletins.

R. Personnel Cap. Up to fifty percent (50%) of all HSGP awards received by Sub-recipient may be used for personnel andpersonnel-related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) ofHomeland Security Act (Public Law 110-412). In general, use of HSGP funding to pay for staff and/or contractor regular time or

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http://fedgov.dnb.com/webform

http://www.sam.gov/

http://harvester.census.gov/sac/dissem/asp/reports.asp

mailto:[email protected]

http://www.sam.gov/


http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdf

https://www.sam.gov/portal/public/SAM/

http://www.fema.gov/grants/grant-programs-directorate-information-bulletins

overtime/backfill, among other items, are considered personnel-related costs. Sub-recipient may request a waiver to the 50% personnelcap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at [email protected]. Requests for waivers shall be submitted on official Sub-recipient letterhead and be signed by an authorized officialof Sub-recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379.

S. Property Management and Inventory. At least every two (2) years, Sub-recipient shall take a physical inventory and shall reconcile theresults with property records. Sub-recipient shall maintain property/inventory records which, at minimum, shall include a description of theproperty, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property,the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimatedisposition data including the date of disposal and sale price of the property. (See sample equipment inventory record format at http://www.txdps.state.tx.us/director_staff/saa/audit_and_compliance.htm ) Sub-recipient shall develop and implement a control system toprevent loss, damage or theft of property and Sub-recipient shall investigate and document any loss, damage or theft of property fundedunder this Grant.

T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine,journal, or trade paper, shall include the following statement: "This material is based upon work supported by the U.S. Department ofHomeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted asnecessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security."

U. Acknowledgement of Federal Funding from DHS. Sub-recipient shall comply with requirements to acknowledge use of Federal fundingwhen issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programsfunded in whole or in part with Federal funds.

V. Use of DHS, DPS, and DPS/THSSAA Seals and Non-Endorsement. Sub-recipient shall obtain DHS, DPS, or DPS/THSSAA’s priorwritten approval before using any of these agencies' seal(s), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, logos, crests, etc., including use of the UnitedStates Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials.

W. Copyright. Sub-recipient shall comply with requirements regarding publications or other exercise of copyright for any work firstproduced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled bythe Government (e.g., classified information or other information subject to national security or export control laws or regulations). For anyscientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published inacademic, technical or professional journals, symposia proceedings, or similar works, Sub-recipient grants the Government a royalty-free,nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and toauthorize others to do so, for Government purposes in all such copyrighted works. Sub-recipient shall affix the applicable copyright noticesof 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced underthis Grant.

Further, Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non-exclusive, and irrevocablelicense to reproduce, publish, or otherwise use, and authorize others to use, for government purposes: (1) the copyright in any workdeveloped under an award or sub-award; and (2) any rights of copyright to which a recipient or Sub-recipient purchases ownership withFederal support. Sub-recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or arepurchased with this funding.

X. Quarterly Performance Reports. Sub-recipient shall submit performance reports and progress reviews per DPS/THSSAA and/orFEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) calendarday after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required byDPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to informationrequests. Failure to timely complete a performance report will result in Sub-recipient being unable to request additionalreimbursements/advances and may affect future funding.

Y. Site Visits. DHS and/or DPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visitsto review project accomplishments and management control systems and to provide such technical assistance as may be required. If anysite visit is made by DHS on the premises of Sub-recipient or a contractor under this Grant, Sub-recipient shall provide and shall require itscontractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in theperformance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work.

Z. Limited English Proficiency (Civil Rights Act of 1964, Title VI). Sub-recipient shall comply with the Title VI of the Civil Rights Act of1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistancetake reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services.Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation andwritten translation. In order to facilitate compliance with Title VI, Sub-recipient is encouraged to consider the need for language services forLEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Personswith Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients of federal financial assistance,assisting such organizations and entities in understanding their language access obligations. DHS published the required guidance in April2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin DiscriminationAffecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides helpful information suchas how a recipient of federal financial assistance can determine the extent of its obligation to provide language services; selecting languageservices; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regardinglanguage access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limitedand additional resources on http://www.lep.gov.

AA. Protection of Human Subjects. Sub-recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46, whichrequires that Sub-recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Sub-recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior toimplementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, includingresearch, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definitionconstitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered researchfor other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates(Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local lawand is not directly regulated by 45 C.F.R. Part 46.

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http://www.txdps.state.tx.us/director_staff/saa/audit_and_compliance.htm

https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited

http://www.lep.gov

BB. National Flood Insurance Act of 1968. Sub-recipient shall comply with the requirements of Section 1306(c) of the National FloodInsurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation ofa structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate Stateor local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves orcurrents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63.

CC. USA Patriot Act of 2001. Sub-recipient shall comply with the requirements of the Uniting and Strengthening America by ProvidingAppropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§175-175c. Amongother things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity thatis not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictionson access to specified materials. “Restricted persons,” as defined by the Act, may not possess, ship, transport, or receive any biologicalagent or toxin that is listed as a select agent.

DD. Fly America Act of 1974. Sub-recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travelsupported by U.S. government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holdingcertificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, inaccordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and the interpretiveguidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General DecisionB138942.

EE. Activities Conducted Abroad. Sub-recipient shall comply with the requirements that project activities carried on outside the UnitedStates are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals areobtained.

FF. Trafficking Victims Protection Act of 2000. All recipients of financial assistance shall comply with the requirements of thegovernment-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register,Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding isprovided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agencyto terminate the award, without penalty, if the recipient or a sub-recipient: (a) engages in severe forms of trafficking in persons during theperiod of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect; or (c) usesforced labor in the performance of the award or subawards under the award.

DPS/THSSAA is authorized to terminate this Grant ,without penalty, if the above condition is violated. Sub-recipient shall include thiscondition in any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at 2 C.F.R. §175.15.

GG. Americans with Disabilities Act of 1990. Sub-recipient shall comply with the requirements of Titles I, II, and III of the Americans withDisabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and privatetransportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101-12213.

HH. Public Dissemination of Sensitive Information. Sub-recipient shall notify DPS/THSSAA of any workshops, conferences, seminars orother public venues at least one hundred (100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by Sub-recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review andprior written approval.

II. Security Concerns/Violations. Sub-recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar daysof Sub-recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information.In the event that sensitive information is divulged in violation of Sub-recipient's security procedures, Sub-recipient shall immediately notifythe DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action.

JJ. SAFECOM. Sub-recipient shall comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions ontechnical standards that ensure and enhance interoperable communications for awards under this Grant that provide emergencycommunication equipment and its related activities.

KK. Best Practices for Collection and Use of Personally Identifiable Information (PII).Sub-recipients who collect Personally IdentifiableInformation (PII) shall have a publically-available privacy policy that describes what PII it collects, how it uses the PII, whether it shares PIIwith third parties, and how individuals may have their PII corrected where appropriate. Sub-recipients may also find as a useful resource theDHS Privacy Impact Assessments: http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june2010.pdf and http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf .

LL. Hotel and Motel Fire Safety Act of 1990. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C.§2225(a), Sub-recipient shall ensure that all conference, meeting, convention, or training space funded in whole or in part with Federalfunds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225.

MM. False Claims Act and Program Fraud Civil Remedies. Sub-recipient shall comply with the requirements of 31 U.S.C. §3729 whichsets forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. §3801-3812 which details theadministrative remedies for false claims and statements made.

NN. Duplication of Benefits. State, Local and Tribal Sub-recipients shall comply with 2 C.F.R. Part §225, Appendix A, Paragraph (C)(3)(c),which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority maynot be charged to other Federal awards to overcome fund deficiencies.

OO. Debarment and Suspension. Sub-recipient shall comply with Executive Order 12549 and 12689, which provide protection againstwaste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.

PP. Non-Supplanting Requirement. Sub-recipient shall not replace (supplant) funds that have been budgeted for the same purposethrough non-Federal sources for programs that prohibit supplanting by law. Where federal statutes for a particular program prohibitsupplanting, Sub-recipient may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasonsother than the receipt or expected receipt of Federal funds.

11. Other Requirements A. During the performance period of this Grant, Sub-recipient, counties, cities, towns, and Indian tribes shall maintain an EmergencyManagement Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency

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http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june2010.pdf

http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf

Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of EmergencyManagement (TDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in aninter-jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in Sub-recipient’splan, Sub-recipient shall correct deficiencies within 60 calendar days of receiving notice of such deficiencies from TDEM.

B. Projects identified and approved in the DPS/THSSAA web-based grant management system must identify and relate to the goals andobjectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub-recipient shall submitproject plans, milestones, outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA (if required) for approval prior to expendingor requesting advances of any funds for this Grant. Sub-recipient shall enter appropriate project milestones into the DPS/THSSAAweb-based grants management system within 60 days after award or by the deadline established by DPS/THSSAA, whichever is sooner. Sub-recipient shall report on project status and accomplishments (milestones and outputs/outcomes) in the format(s) and timeframes asrequired by DPS/THSSAA.

C. During the performance period of this Grant, Sub-recipient shall:

1. Participate in a legally-adopted county and/or regional mutual aid agreement.

2. Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectivesoutlined by FEMA at http://www.fema.gov/national-incident-management-system.

3. Be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management systemspecified by DPS/THSSAA) and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers,equipment costing $5,000 or more, and specialized teams/response units equipped and/or trained using Grant funds (i.e., hazardousmaterial, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make Grantfunded resources available to other jurisdictions through mutual aid http://www.fema.gov/emergency/nims/ResourceMngmnt.shtm#item3.

12. MonitoringSub-recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that projectgoals, objectives, performance requirements, timelines, milestone completion, budget, and other program-related criteria are met.

DPS/THSSAA, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring ofSub-recipient's compliance with this Grant and of the adequacy and timeliness of Sub-recipient's performance pursuant to this Grant. Aftereach monitoring visit, DPS/THSSAA shall provide Sub-recipient with a written report of the monitor's findings. If the monitoring report notesdeficiencies in Sub-recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction ofsuch deficiencies by Sub-recipient. Failure by Sub-recipient to take action specified in the monitoring report may be cause for suspensionor termination of this Grant pursuant to the Suspension and/or Termination Section herein.

13. AuditA. Audit of Federal and State Funds. Sub-recipient shall arrange for the performance of an annual financial and compliance audit of fundsreceived and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A – 133; 44 C.F.R. 13.26).

B. Sub-recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards(UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. C. Right to Audit. Sub-recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the UnitedStates, the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to conduct a financialor compliance audit of Grant funds received and performances rendered under this Grant. Sub-recipient shall permit DPS/THSSAA or itsauthorized representative to audit Sub-recipient’s records. Sub-recipient shall provide any documents, materials or information necessary tofacilitate such audit.

D. Sub-recipient’s Liability for Disallowed Costs. Sub-recipient understands and agrees that it shall be liable to DPS/THSSAA for any costsdisallowed pursuant to any financial or compliance audit(s) of these funds. Sub-recipient further understands and agrees thatreimbursement to DPS/THSSAA of such disallowed costs shall be paid by Sub-recipient from funds that were not provided or otherwisemade available to Sub-recipient pursuant to this Grant or any other federal contract.

E. Sub-recipient’s Facilitation of Audit. Sub-recipient shall take such action to facilitate the performance of such audit(s) conducted pursuantto this Section as DPS/THSSAA may require of Sub-recipient. Sub-recipient shall ensure that this clause concerning the authority to auditfunds received indirectly by subcontractors through Sub-recipient and the requirement to cooperate is included in any subcontract it awards.

F. State Auditor’s Clause. Sub-recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of theState Auditor’s Office to conduct an audit or investigation in connection with those funds. Sub-recipient further agrees to cooperate fullywith the State Auditor’s Office in the conduct of the audit or investigation, including providing all records requested. Sub-recipient shallensure that this clause concerning the State Auditor’s Office’s authority to audit funds and the requirement to cooperate fully with the StateAuditor’s Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor’s Office shall at any time have accessto and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub-recipientrelating to this Grant.

14. Retention and Accessibility of RecordsA. Retention of Records. Sub-recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant’s fundspursuant to the applicable OMB Circular, 44 C.F.R. Section 13.42, UGMS §__.42, and this Grant. Sub-recipient shall retain these recordsand any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective,submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estateor equipment final disposition. The DHS or DPS/THSSAA may direct Sub-recipient to retain documents or to transfer certain records toDHS custody when DHS determines that the records possess long term retention value.

B. Access to Records. Sub-recipient shall give the United States Department of Homeland Security, the Comptroller General of the UnitedStates, the Texas State Auditor, DPS/THSSAA, or any of its duly authorized representatives, access to and the right to examine all books,accounts, records, reports, files, other papers, things or property belonging to or in use by Sub-recipient pertaining to this Grant includingrecords concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained bySub-recipient. Sub-recipient shall maintain such records in an accessible location and provide citizens reasonable access to such recordsconsistent with the Texas Public Information Act, Texas Government Code, Chapter 552.

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http://www.fema.gov/national-incident-management-system

http://www.fema.gov/emergency/nims/ResourceMngmnt.shtm#item3

C. Inclusion in Subcontracts. Sub-recipient shall include the substance of this in all subcontracts.

D. After Action Reporting. Sub-recipient shall complete, deliver to the appropriate source, and retain copies of all after-action reports andcertificates of completion for all training and exercises paid for by this Grant.

15. Legal AuthorityA. Signatory Authority. Sub-recipient assures and guarantees that Sub-recipient possesses the legal authority to enter into this Grant,receive Grant funds and to perform the project Sub-recipient has obligated itself to perform pursuant to this Grant.

B. Authorized Representative. The person or persons signing and executing this Grant on Sub-recipient’s behalf do warrant and guaranteethat he/she has been duly authorized by Sub-recipient to execute this Grant on Sub-recipient’s behalf and to validly and legally bindSub-recipient to all terms and conditions and performance obligations.

C. Conflicts in Requirements. If conflict exists between federal, state, or local requirements, Sub-recipient shall comply with the strictestrequirement.

16. Notice of Litigation and ClaimsSub-recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrativeagency, filed against Sub-recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub-recipientshall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub-recipient with respect to such action orclaim.

17. No Liability for Employees and OfficersDPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub-recipient,regardless of where the individual’s actions or omissions occurred.

18. Non-Waiver of DefaultsAny failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall notconstitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of same. Awaiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shallnot constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce itsrights, as such rights, powers, privileges, and remedies are specifically preserved.

19. Changes and AmendmentsA. Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made inwriting, any subsequent request for funds indicates Sub-recipient’s acceptance of the changes to this Grant. Any alteration, addition, ordeletion to this Grant by Sub-recipient is not valid.

B. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts,shall be made through an executed Grant Adjustment Notice (GAN).

C. Authority to Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serveto establish, interpret or clarify this Grant’s performance requirements. Such policy directives shall be promulgated by DPS/THSSAA orFEMA in the form of Information Bulletins and Sub-recipient Manuals and shall have the effect of modifying this Grant and shall be bindingupon Sub-recipient as if written in this Grant.

D. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes infederal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shallbecome effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes arenecessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions,Sub-recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicateSub-recipient’s acceptance of the changes to this Grant.

20. HeadingsHeadings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify theterms and conditions or be used to interpret or assist in the construction of this Grant.

21. VenueVenue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas.

22. SuspensionIn the event Sub-recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification to Sub-recipient, suspendthis Grant, in whole or in part, withhold payments to Sub-recipient and prohibit Sub-recipient from incurring additional obligations of thisGrant’s funds.

23. TerminationDPS/THSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, ifDPS/THSSAA determines that Sub-recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice ofthe termination and include:

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1. The reason(s) for such termination;

2. The effective date of such termination; and

3. In the case of partial termination, the portion of this Grant to be terminated.

Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety.

24. Enforcement If Sub-recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, anassurance, in a state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the followingactions, as appropriate in the circumstances:

1. Temporarily withhold cash payments pending correction of the deficiency by Sub-recipient or more severe enforcement action byDPS/THSSAA or DHS;

2. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance;

3. Wholly or partially suspend or terminate this Grant for Sub-recipient’s program;

4. Withhold further awards for the program; or

5. Take other remedies that may be legally available.

In taking an enforcement action, DPS/THSSAA will provide Sub-recipient an opportunity for a hearing, appeal, or other administrativeproceeding to which Sub-recipient is entitled under any statute or regulation applicable to the action involved.

The costs of Sub-recipient resulting from obligations incurred by Sub-recipient during a suspension or after termination of this Grant are notallowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. OtherSub-recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if:

1. The costs result from obligations which were properly incurred by Sub-recipient before the effective date of suspension or termination,are not in anticipation of it, and in the case of a termination, are non-cancellable; and

2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which thetermination takes effects.

The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub-recipient from being subjectto “Debarment and Suspension” under E.O. 12549. 44 C.F.R. §13.35.

25. Conflict of InterestNo employee, officer or agent of Sub-recipient shall participate in the selection, or in the award or administration of a contract supported byFederal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety.

26. Closing of this GrantA. DPS/THSSAA will close a sub-award after receiving Sub-recipient’s final quarterly performance report indicating that all approved workhas been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, andreconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Sub-recipient is owedadditional funds, DPS/THSSAA will send the final payment automatically to Sub-recipient. If Sub-recipient did not use all the funds received,DPS/THSSAA will issue a GAN to recover the unused funds. Sub-recipient will return the funds to the DPS/THSSAA within 30 calendardays of receiving the GAN.

B. At the completion of Sub-recipient’s performance period, DPS/THSSAA will de-obligate all uncommitted / unexpended funds.

C. The closeout of this Grant does not affect:

1. DHS or DPS/THSSAA’s right to disallow costs and recover funds on the basis of a later audit or other review;

2. Sub-recipient’s obligation to return any funds due as a result of later refunds, corrections, or other transactions;

3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and

4. Any other provisions of this Grant that impose continuing obligations on Sub-recipient or that govern the rights and limitations of theparties to this Grant after the expiration or termination of this Grant.

Please fill in the appropriate information and certify by signing below that you have read,understood, and agree to the terms of this Grant. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________

_______________________________ ________________Signature of Authorized Official Date

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EXHIBIT AASSURANCES - NON-CONSTRUCTION PROGRAMS See Standard Form 424B

As the duly authorized representative of Sub-recipient, I certify that Sub-recipient:

1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including fundssufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described inthis Grant.

2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, ifappropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documentsrelated to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agencydirectives.

3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance ofpersonal or organizational conflict of interest, or personal gain.

4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for meritsystems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System ofPersonnel Administration (5 C.F.R. 900, Subpart F).

6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil RightsAct of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the EducationAmendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on thebasis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis ofhandicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis ofage; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drugabuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), asamended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of1912 (42 U.S.C. §§290dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII ofthe Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;(i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j) therequirements of any other nondiscrimination statute(s) which may apply to the application.

7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real PropertyAcquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property isacquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for projectpurposes regardless of Federal participation in purchases.

8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities ofemployees whose principal employment activities are funded in whole or in part with Federal funds.

9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards forfederally-assisted construction sub-agreements.

10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973(P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if thetotal cost of insurable construction and acquisition is $10,000 or more.

11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental qualitycontrol measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and ExecutiveOrder (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protectionagainst natural disasters. To comply with NEPA for DHS grant-supported activities, DHS-FEMA requires the environmental aspects to bereviewed and evaluated before final action on the application (b) notification of violating facilities pursuant to EO 11738; (c) protection ofwetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of projectconsistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection ofand enhancement of the quality of the nation’s air resources to promote public health and welfare and for restoring and maintaining thechemical, physical, and biological integrity of the nation’s waters; (g) protection of underground sources of drinking water under the SafeDrinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of1973, as amended (P.L. 93- 205).

12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potentialcomponents of the national wild and scenic rivers system.

13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of1974 (16 U.S.C. §§469a-1 et seq.).

14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of humansubjects involved in research, development, and related activities supported by this Grant. “Research” “means a systematic investigation,including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive foradditional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children(Subpart D). See also state and local law for research using autopsy materials.

15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the

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15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires theminimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, orexhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and GovernmentPrinciples Regarding the Care and Use of Animals.

16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-basedpaint in construction or rehabilitation of residence structures.

17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."

18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policiesgoverning this Grant.

Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________


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EXHIBIT BASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D


1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including fundssufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in thisGrant.

2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, ifappropriate, the State, the right to examine all records, books, papers, or documents related to this Grant and will establish a properaccounting 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 withoutpermission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in thetitle of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant.

4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of constructionplans and specifications.

5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete workconforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required bythe awarding agency or State.

6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance ofpersonal 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 meritsystems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System ofPersonnel 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-basedpaint in construction or rehabilitation of residence structures.

10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Actof 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendmentsof 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), 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) theDrug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) theComprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating tonondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.§§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil RightsAct of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any othernondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the requirementsof any other nondiscrimination statue(s) which may apply to the agreement.

11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real PropertyAcquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property isacquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired forproject purposes regardless of Federal participation in purchases.

12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employeeswhose 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 forfederally-assisted construction sub-agreements.

14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost ofinsurable 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 qualitycontrol measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and ExecutiveOrder (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protectionagainst natural disasters; (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 Statemanagement program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the CleanAir Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality ofthe nation’s air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biologicalintegrity of the nation’s waters;(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, asamended (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 potentialcomponents 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

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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 of1974 (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 1996and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."

19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policiesgoverning this Grant.

Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________


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Exhibit CCertifications

The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief.

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing orattempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employeeor a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of anyFederal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of anyFederal 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 toinfluence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Memberof Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submitStandard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions.

C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for allsub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that allsub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placedwhen this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transactionimposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of notless than $10,000 and not more than $100,000 for each such failure.

D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participantsin primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510 (Federal Certification). The Sub-recipient certifies that itand its principals and vendors:

1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State orFederal court, or voluntarily excluded from covered transactions by any Federal department or agency. Sub-recipient can access debarmentinformation by going to www.sam.gov and the State Debarred Vendor Listhttp://www.window.state.tx.us/procurement/prog/vendor_performance/debarred.2. Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them forcommission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) withcommission of any of the offenses enumerated in paragraph (D)(2) of this certification;4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated forcause or default; or5. Where Sub-recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant.(Federal Certification)

E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the samepurpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasonsother than the receipt or expected receipt of federal funds.

F. Sub-recipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and Sub-recipient will require suchcompliance in any sub-grants or contract at the next tier.

G. Sub-recipient will comply with the Drug-free Workplace Act, as amended, 412 U.S.C. §701 et seq. – which requires Sub-recipient topublish a statement about its drug-free workplace program and give a copy of the statement to each employee (including consultants andtemporary personnel) who will be involved in award-supported activities at any site where these activities will be carried out. Also, placeswhere work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. Sub-recipient willnotify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additionalinformation, see 44 C.F.R. Part 17. Sub-recipient shall comply with the requirements of the Drug-Free Workplace Act of 1988, whichrequires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace.

H. Sub-recipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, auditdisallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidance.

I. Sub-recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program andadministrative requirements, policies and any other requirements governing this Grant.

J. Sub-recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reductionof funds in this Grant.

Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________


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http://www.sam.gov

http://www.window.state.tx.us/procurement/prog/vendor_performance/debarred

EXHIBIT DState of Texas Assurances


1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub-recipient’sgoverning body or of the Sub-recipient’s contractor shall vote or confirm the employment of any person related within the second degree ofaffinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employor supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for aperiod of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governingbody member related to such person in the prohibited degree.

2. Shall insure that all information collected, assembled, or maintained by the Sub-recipient relative to a project will be available to thepublic during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.

3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmentalbodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.

4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child supportpayments.

5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub-recipient isa health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by anotherhealth and human services agency or public safety or law enforcement agency.

6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant toChapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on LawEnforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub-recipientis a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.

7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the applicationpackage become terms or conditions for receipt of grant funds. Administering state agencies and sub-recipients shall maintain anappropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 foradditional guidance on contract provisions).

8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local lawenforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub-recipient shall also ensure that allprogram personnel are properly trained and aware of this requirement.

9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil RightsAct of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the EducationAmendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and theAmericans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients fromdiscriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of publicaccommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C.§§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), asamended, 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 the nondiscrimination on the basis of alcohol abuse oralcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating toconfidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), asamended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specificstatute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s)which may apply to this Grant.

10. Shall 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 forfederally assisted construction subagreements.

11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federallyassisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federalparticipation in purchases.

12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employeeswhose principal employment activities are funded in whole or in part with Federal funds.

13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and theIntergovernmental Personnel Act of 1970, as applicable.

14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project arenot listed on the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of thereceipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project isunder consideration for listing by the EPA (EO 11738).

15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for thereceipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by theSecretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality

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16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental qualitycontrol measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification ofviolating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains inaccordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under theCoastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) ImplementationPlans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources ofdrinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under theEndangered Species Act of 1973, as amended (P.L. 93-205).

17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potentialcomponents of the national wild and scenic rivers system.>

18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, asamended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic PreservationAct of 1974 (16 U.S.C. §§469a-1 et seq.).

19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires theminimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, orexhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and GovernmentPrinciples Regarding the Care and Use of Animals.

20. Shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-basedpaint in construction or rehabilitation of residential structures.

21. Shall comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facilityused for the provision of services for children.

22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.

23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governingthis program.

24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined byany federal, state, or local governmental entity and it is not listed on a state or federal government’s terrorism watch list as described inExecutive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sam.gov/portal/public/SAM/.

25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health asrequired by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.

Please fill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official _________________________________ Title _______________________________________________________ Sub-recipient Organization ______________________________________


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https://www.sam.gov/portal/public/SAM/

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III. C.

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Agenda Item No. (to be assigned by CSO): III. E.

From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director Subject: Solicit bids for the purchase of two (2) recycling trailers through LRGVDC Solid Waste Grant. Discussion: Authorization for the solicitation of sealed bids for the purchase of two (2) recycling trailers utilizing grant funds through LRGVDC Solid Waste Grant Program, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. Possible action. Fiscal Note: Amount: N/A

Term of Impact: [#] year(s) N/A

Identified in Current Budget: Y/N

Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Upon Commission Approval – Public Facilities Department will conform to TX Local Govt. Code 252.041 and advertise accordingly as instructed by the Finance Department – Purchasing Office. Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): N/A Responsibilities upon Approval: Requesting certification upon City Commission Meeting.




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Agenda Item No. (to be assigned by CSO): III. F.

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director Subject: Request to solicit proposals- to purchase a 24”-0 lg. Magda Rotor with shafts and stainless steel blades for the North Wastewater Treatment Plant Discussion: Discussion and consideration to authorize staff to solicit RFP’s to purchase a 24”-0 lg. Magda Rotor with shafts and stainless steel blades for the North Wastewater Treatment Plant, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Funding Source (budget code, if applicable): 58-552-4010 Amount: $ 40,000.00

Term of Impact: [ 1 ] year(s) Identified in Current Budget: FY 2014-2015

Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): N/A Responsibilities upon Approval: Upon approval, city secretary’s office will convey executed documents and forward a copy to the Public Utilities department.




CSO1406


Agenda Item No. (to be assigned by CSO): III. G.

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Approval to solicit proposals to purchase two (2) Zero Turn 60 inch Mowers Discussion: Discussion and consideration to authorize staff to solicit RFP’s to purchase two (2) Zero Turn 60 inch Mowers to be used at the Public Utilities Department, authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. Funding Source (budget code, if applicable): 58-552-4010 Amount: Term of Impact:

Identified in Current Budget: FY 2014-2015

Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): N/A Responsibilities upon Approval: Upon approval, City Secretary office will convey executed proposal to the Finance Dept. and forward a copy to the Public Utilities Department.




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CSO1406

Date of Meeting: Nov. 3, 2014 Agenda Item No. (to be assigned by CSO):

III. H. From: Arnoldo Becho, Library Director, Mayor Joe V. Sanchez Public Library Subject: The Mayor Joe V Sánchez Public Library would like to implement a Food for Fines program to support the food drive by the RGV Food Bank and the Parks Department. Discussion: The Food for Fines program will allow library patrons to bring in canned goods and other applicable food items in exchange for forgiveness of library fines. For each food item submitted to the library, a fine on one single item will be forgiven. The program will run through the month of December. All food gathered will go to the RGV Food Bank. This program will not apply to cost associated with lost or damaged library items. Funding Source (budget code, if applicable): N/A Amount: N/A Term of Impact: N/A Identified in Current Budget: N/A Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): None Yet Recommendation for Commission Action: The Library recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Following approval the library will begin exchanging food donations for fine amnesty.




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CSO1406


Agenda Item No. (to be assigned by CSO): III. I.

From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Authorization of an expenditure in an amount not to exceed $2,500.00 from the Preservation Fund for the purchase of death record binders, birth record binders, secure life ledger paper, and other supplies for the permanent retention of vital records as prescribed by the Texas Health & Safety Code §191.0045 (h) and authorize a budget amendment as appropriate. Possible action. Discussion: In response to SB1744, in 2003 the Weslaco City Commission authorized a $1 fee as a surcharge for the production of birth and death certificates and dedicated a preservation fund. Any expenses must exclusively serve the preservation of vital records; purchases as recommended meet that purpose, with acid-free paper and binders suitable for retention. Funding Source (budget code, if applicable): Preservation Fund (09) Amount: $ 2,500.00 Term of Impact: #[1 ] year(s) Identified in Current Budget: N/A Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: September 16, 2003 – Commission authorizes fee and establishes fund If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approve. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Texas Health & Safety Code §191.0045 Responsibilities upon Approval: Finance Department will implement the budget amendment; City Secretary’s Office will follow proper purchasing procedure to acquire specialized supplies.




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CSO1406

Date of Meeting: 11-3-2014

Agenda Item No. (to be assigned by CSO): IV. A.

From: David J. Arce, Parks and Recreation Director Subject: Public purpose agreement for fiscal year 2015 (October 1, 2014 – September 30, 2015) Discussion: Discussion and consideration to authorize a Public Purposes Services contract [agreement] with the Weslaco Bicultural Museum d.b.a. Weslaco Museum of Local History and Cultural Art in an amount not to exceed $63,100.00 effective October 1, 2014 through September 30, 2015. Possible action. (Requested by Weslaco Museum.) Attachment. Funding Source: General Fund as approved by City Commission for fiscal year 2015. Amount: $63,100 Term of Impact: 1 year Identified in Current Budget: Yes Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any: Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Agreement. Responsibilities upon Approval: CSO will finalize execution.




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THE STATE OF TEXAS § PUBLIC PURPOSE SERVICES § CONTRACT BETWEEN THE CITY CITY OF WESLACO § OF WESLACO AND THE WESLACO § BICULTURAL MUSEUM d.b.a. COUNTY OF HIDALGO § WESLACO MUSEUM OF LOCAL § HISTORY AND CULTURAL ART

This Contract is entered into on this the ____ day of November 2014, by and between the City of Weslaco, a Home-ruled Municipal Corporation of Hidalgo County, Texas (hereinafter called “City”) and The Weslaco Bicultural Museum d.b.a. Weslaco Museum of Local History and Cultural Art (hereinafter called “Contractor”).

Whereas, City is interested in assisting Contractor in providing the city and citizens of Weslaco with such services that accomplish a legitimate public purpose, as is mandated by Article III, Section 52(a) of the Texas Constitution and such services are desirable by the City of Weslaco and such services are identified below and incorporated herein for all purposes; and

Whereas, City has available certain public funds that may be spent for services which accomplish legitimate public purposes; and

Whereas, the City has negotiated with Contractor to provide these public purpose services to the City of Weslaco; and

Whereas, the Contractor, upon accepting these public funds obligates and commits itself to provide these public purpose services during the duration of this contract; and

Whereas, Contractor is the sole source and only organization or entity that can provide the public purpose services that are described in this contract.

SECTION I.

Contractor agrees to use the public funds it is to receive from City to provide

the public purpose services described in Exhibit “A” for the duration of the term of this contract and under the conditions set forth herein. Contractor will be acting as an Independent Contractor in the performance of the terms and conditions of this contract. In consideration of the continued provision of the services in the quality and quantity as represented by Contractor to City, City shall make payment to Contractor as provided in Section VII of this contract.



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SECTION II. RECORDS AND REPORTING

Contractor agrees to furnish City its budget and all related expenditures for

the duration of this contract. Contractor will maintain all records of operation for the period of this contract that confirms and establishes that the funds furnished by City are and have been used exclusively for the purposes as outlined and detailed herein. A written report of expenditures and the progress of the activities will be submitted on a monthly basis to City. Contractor will, if requested by City, make presentations to the Weslaco City Commission, of the status of the expenditures of public monies and the status of the activities contracted for in this Contract. Contractor acknowledges and agrees that records (as the term is defined under the Texas Open Records Act) produced by the expenditure of funds received from the City hereunder are and will be subject to public disclosure. Contractor will develop procedures to disclose this information to the public. Contractor will have fiduciary duty to the City with respect to the public funds Contractor receives from the City.

SECTION III. DISCRIMINATION PROHIBITED

Contractor agrees not to exclude any person from participating in or be subject to discrimination under any of the program’s activities receiving City financial assistance on the ground of race, color, religion, sex, national origin or disability.

SECTION IV. SUSPENSION AND TERMINATION

If Contractor fails to fulfill in a timely and proper manner its obligations under this contract, or Contractor violates any of the agreements or stipulation of this contract, then the Contractor shall have thirty (30) days after the date of notice, in writing, from City to cure or correct such defect or failure unless City requires that the defect should be cured in a shorter time period as set out in such notice, in which case the earlier requirement for correction shall apply. The City may terminate this contract and seek reimbursement of all funds from the City to Contractor hereunder after such period. Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of any breach of this contract by Contractor and the City may withhold any payments to Contractor for the purpose as set out and until such time as the exact amount of damages due the City from Contractor is determined. The failure of the City to exercise any right shall in no way constitute a waiver by the City of Weslaco to otherwise demand payment or seek any other relief in law or in equity to which it may justly entitled.



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SECTION V. REVERSION OF ASSETS

Contractor agrees that should it discontinue the operations as provided for

herein, then it shall remit all monies relating to any funds to the City upon receipt after the discontinuance of such program. Upon such event, the City is hereby appointed as agent for the purpose of collection of such funds and any unexpended funds still remaining will be appropriated to eligible City activities in keeping with the City’s budgetary process.

SECTION VI. TIME OF PERFORMANCE

Time of performance for this Contract shall be for seasonal activities during the city’s fiscal year, which begins October 1, 2014 and ends September 30, 2015.

SECTION VII. PAYMENTS TO CONTRACTOR

City hereby agrees to pay Contractor an amount not to exceed Sixty-Three Thousand One Hundred Dollars ($63,100.00) for the public purpose services and activities in this contract. Contractor shall invoice City and City shall make payment timely. The invoice shall detail all activities performed by Contractor, expenses incurred, and the participation cost for each museum patron served by the activities engaged in that are contracted for in this contract.

SECTION VIII. AUDIT

Contractor agrees to furnish City with an audit certified by a certified public accountant covering the contract year with specific receipts and disbursements of the payments to Contractor hereunder. Contractor agrees to require any such auditor to cooperate with City relating to any inquiries by City as to the provisions of such audit. City may conduct service and/or expenditure audits during the term or for one year after the expiration date hereof. Contractor agrees to furnish any records requested by City and to otherwise cooperate with City in relation to any inquiries made by City in the City audit hereunder.

SECTION IX. DEFAULT

Any signatory party to this Contract, who because of the other party’s breach hereof may be required to institute any legal proceedings in relationship to this Contract, and who should prevail in any such legal proceedings, shall be entitled to recover court costs and reasonable attorney’s fees from the non-prevailing party. The term prevailing party shall mean in the case of the Plaintiff, the party who receives in substantial form or amount the relief sought by such



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party as set out in the final petition before the court; and as to any Defendant, it shall be considered a prevailing party where the Plaintiff did not substantially recover the relief sought.

SECTION X. VENUE AND REMEDIES

Venue in any suit, right or cause of action arising under or in connection with this Contract shall lie exclusively in Hidalgo County, Texas. This Contract shall be governed, interpreted and enforceable according to the laws of the State of Texas. In addition to any other remedy available by law, it is specifically provided that either party hereto may enforce this Contract by specific performance in a court of competent jurisdiction.

SECTION XI. NOTICES AND ADDRESS

All notices provided to given under this Contract shall be given by certified mail, return receipt requested, addressed to the proper party. The date of mailing of any notice under this Contract shall be deemed to be the date such notice is received and shall be effective from such date. The addresses of the parties to this Contract are as follows:

CITY CONTRACTOR

CITY OF WESLACO WESLACO MUSEUM OF LOCAL HISTORY 255 S. Kansas Avenue AND CULTURAL ART Weslaco, TX 78596 500 S. Texas Avenue Attn. City Manager Weslaco, TX 78596 Attn. Executive Director

SECTION XII. PARTIES BOUND

This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Contract. The persons signing this Contract on behalf of the City and Contractor warrant that he/she has been duly authorized to execute this Contract and legally bind the City and Contractor to this Contract.

SECTION XIII. LEGAL CONSTRUCTION

In case any one or more of the provisions contained in this Contract shall

for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable



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provision had never been contained herein.

SECTION XIV. AMENDMENT

No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing, dated and subsequent to the date hereof and duly executed by the parties hereto after proper authority has been obtained.

SECTION XV. WAIVER OF DEFAULT

No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this Contract shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant contained herein.

SECTION XVI. ENUMERATION OF CONTRACT DOCUMENTS

This Contract shall be in accordance with and subject to the provisions of all documents enumerated herein or which may be attached hereto by mutual consent of the contracting parties at any future date, and are hereby made a part of this Contract unless otherwise provided for. This Contract contains the entire agreement of the parties and cannot be changed except by express written agreement. The Contract document so enumerated is:

(1) Activities and Public Purpose Services (Exhibit “A”) (2) Intent of Public Purpose Activities (Exhibit “B”)

SECTION XVII. LIABILITY INSURANCE

Contractor will provide, upon execution of this Contract, City with a certificate of general liability insurance naming the City of Weslaco as an additional insured, protecting and insuring the City against claims for liability for bodily injury or other damages by youth or other individuals engaged in the activities funded by this Contract.

Contract will hold harmless and indemnify the City of Weslaco, its elected officials, employees, agents or representatives from all claims, actions and damages that are made and assessed against the City of Weslaco, its elected officials, employees, agents or representatives as a result of Contractor’s performance of activities and services under this Contract.

IN WITNESS THEREOF, City and Contractor have executed two (2) conformed copies of this Contract effective as of the date first above written.



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CITY OF WESLACO

By: ____________________________

ATTEST: David Suarez, Mayor ________________________________ Elizabeth M. Walker, City Secretary

WESLACO MUSEUM

By: ______________________________ Approved as to form: (Executive Director) ___________________________ City Attorney



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Exhibit “A”

ACTIVITIES AND PUBLIC PURPOSE SERVICES

Contractor will, for the public funds it is receiving from City, operate and maintain a building facility that will house historical information on Weslaco, works of art such as paintings, displays, present cultural programs to citizens of Weslaco and to the general public.



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Exhibit “B”

INTENT OF PUBLIC PURPOSE ACTIVITIES

The City of Weslaco desires that Contractor provide exhibits to citizens of

the City of Weslaco that will benefit and assist them in developing an appreciation to cultural arts.



CSO1406

Date of Meeting: 11-3-2014

Agenda Item No. (to be assigned by CSO): IV. B.

From: David J. Arce, Parks and Recreation Director Subject: Public purpose agreement for fiscal year 2015 (October 1, 2014 – September 30, 2015) Discussion: Discussion and consideration to approve a Public Purposes Agreement and/or Lease Agreement with the Boys & Girls Club of Weslaco. City of Weslaco to pay 12 equal payments an amount not to exceed $50,000 for the public purpose services and activities in this contract, and authorize the Mayor to execute any related documents. Possible action. (Requested by the Parks Department.) Attachment. Funding Source: General Fund as approved by City Commission for fiscal year 2015. Amount: $50,0000 Term of Impact: 1 year Identified in Current Budget: Yes Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any: Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval:




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STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

PUBLIC PURPOSE SERVICES CONTRACT BETWEEN THE CITY OF WESLACO AND THE BOYS AND GIRLS CLUB OF WESLACO

This Contract is entered into on this the 1ST day of October 2014 , by and between the City of Weslaco, a Home-ruled Municipal Corporation of Hidalgo County, Texas (hereinafter called "City") and The Boys and Girls Club of Weslaco, Inc. (hereinafter called "Contractor"). Whereas, City is interested in assisting Contractor in providing the city and citizens of Weslaco with such services that accomplish a legitimate public purpose, as is mandated by Article III, Section 52(a) of the Texas Constitution and such services are desirable by the City of Weslaco and such services are identified below and incorporated herein for all purposes; and Whereas, City has available certain public funds that may be spent for services which accomplish legitimate public purposes; and Whereas, the City desires to negotiate with Contractor to provide these public purpose services to the City of Weslaco; and Whereas, the Contractor, upon accepting these public funds obligates and commits itself to provide these public purpose services during the duration of this contract; and Whereas, Contractor is the sole source and only organization or entity that can provide the public purpose services that are described in this contract.

SECTION I.

Contractor agrees to use the public funds it is to receive from City to provide the public purpose services described in Exhibit "A" for the duration of the term of this contract and under the conditions set forth herein. Contractor will be acting as an Independent Contractor in the performance of the terms and conditions of this contract. In consideration of the continued provision of the services in the quality and quantity as represented by Contractor to City, City shall make payment to Contractor as provided in Section VII of this contract.

SECTION II. RECORDS AND REPORTING

Contractor agrees to furnish City its budget and all related expenditures for the duration of this contract. Contractor will maintain all records of operation for the period of this contract that confirms and establishes that the funds furnished by City are and have been used exclusively for the purposes as outlined and detailed herein. A written report of expenditures and the progress of the activities will be submitted on a monthly basis to City. Contractor will, if requested by City, make presentations to the Weslaco City Commission, of the status of the expenditures of public monies and the status of the activities contracted for in



this Contract. Contractor acknowledges and agrees that records (as the term is defined under the Texas Open Records Act) produced by the expenditure of funds received from the City hereunder are and will be subject to public disclosure. Contractor will develop procedures to disclose this information to the public. Contractor will have fiduciary duty to the City with respect to the public funds Contractor receives from the City.

SECTION III. DISCRIMINATION PROHIBITED

Contractor agrees not to exclude any person from participating in or be subject to discrimination under any of the program's activities receiving City financial assistance on the ground of race, color, religion, sex, national origin or disability.

SECTION IV. SUSPENSION AND TERMINATION

If Contractor fails to fulfill in a timely and proper manner its obligations under this contract, or Contractor violates any of the agreements or stipulation of this contract, then the Contractor shall have thirty (30) days after the date of notice, in writing, from City to cure or correct such defect or failure unless City requires that the defect should be cured in a shorter time period as set out in such notice, in which case the earlier requirement for correction shall apply. The City may terminate this contract and seek reimbursement of all funds from the City to Contractor hereunder after such period. Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of any breach of this contract by Contractor and the City may withhold any payments to Contractor for the purpose as set out and until such time as the exact amount of damages due the City from Contractor is determined. The failure of the City to exercise any right shall in no way constitute a waiver by the City of Weslaco to otherwise demand payment or seek any other relief in law or in equity to which it may justly entitled.

SECTION V. REVERSION OF ASSETS

Contractor agrees that should it discontinue the operations as provided for herein, then it shall remit all monies relating to any funds to the City upon receipt after the discontinuance of such program. Upon such event, the City is hereby appointed as agent for the purpose of collection of such funds and any unexpended funds still remaining will be appropriated to eligible City activities in keeping with the City's budgetary process.

SECTION VI. TIME OF PERFORMANCE

Time of performance for this Contract shall be for seasonal activities during the city's fiscal year, which begins October 1, 2014 and ends September 30, 2015.

SECTION VII.



PAYMENTS TO CONTRACTOR

City hereby agrees to pay Contractor Fifty Thousand and 00/100 Dollars ($50,000.00) in twelve (12) equally monthly installments of Four Thousand One Hundred and 66/100 Dollars ($4,166.66) each for public purpose services and activities in this contract. Contractor shall invoice City and City shall make payment within Ten (10) days of invoice date. The invoice shall detail all activities Contractor, expenses incurred, the number of boys and girls served and the activities engaged in that are contracted for in this contract.

SECTION VIII. AUDIT

Contractor agrees to furnish City with an audit certified by a certified public accountant covering the contract year with specific receipts and disbursements of the payments to Contractor hereunder. Contractor agrees to require any such auditor to cooperate with City relating to any inquiries by City as to the provisions of such audit. City may conduct service and/or expenditure audits during the term or for one year after the expiration date hereof. Contractor agrees to furnish any records requested by City and to otherwise cooperate with City in relation to any inquiries made by City in the City audit hereunder.

SECTION IX. DEFAULT

Any signatory party to this Contract, who because of the other party's breach hereof may be required to institute any legal proceedings in relationship to this Contract, and who should prevail in any such legal proceedings, shall be entitled to recover court costs and reasonable attorney's fees from the non-prevailing party. The term prevailing party shall mean in the case of the Plaintiff, the party who receives in substantial form or amount the relief sought by such party as set out in the final petition before the court; and as to any Defendant, it shall be considered a prevailing party where the Plaintiff did not substantially recover the relief sought.

SECTION X. VENUE AND REMEDIES

Venue in any suit, right or cause of action arising under or in connection with this Contract shall lie exclusively in Hidalgo County, Texas. This Contract shall be governed, interpreted and enforceable according to the laws of the State of Texas. In addition to any other remedy available by law, it is specifically provided that either party hereto may enforce this Contract by specific performance in a court of competent jurisdiction.

SECTION XI. NOTICES AND ADDRESS

All notices provided to given under this Contract shall be given by certified mail, return receipt requested, addressed to the proper party. The date of mailing of any notice under this Contract shall be deemed to be the date such notice is received and shall be effective from such date. The addresses of the parties to this Contract are as follows:



CITY CONTRACTOR CITY OF WESLACO BOYS’ AND GIRLS’ CLUB OF 255 S. Kansas Avenue WESLACO Weslaco, TX 78596 500 S. Kansas Avenue Attn.: City Manager Weslaco, TX 78596 Attn.: Executive Director

SECTION XII. PARTIES BOUND

This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Contract. The persons signing this Contract on behalf of the City and Contractor warrant that he/she has been duly authorized to execute this Contract and legally bind the City and Contractor to this Contract.

SECTION XIII. LEGAL CONSTRUCTION

In case anyone or more of the provision contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

SECTION XIV. AMENDMENT

No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing, dated and subsequent to the date hereof and duly executed by the parties hereto after proper authority has been obtained.

SECTION XV. WAIVER OF DEFAULT

No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this Contract shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant contained herein.

SECTION XVI. ENUMERATION OF CONTRACT DOCUMENTS

This Contract shall be in accordance with and subject to the provisions of all documents enumerated herein or which may be attached hereto by mutual consent of the contracting parties at any future date, and are hereby made a part of this Contract unless otherwise provided for. This Contract contains the entire agreement of the parties and cannot be changed except by express written agreement. The Contract document so enumerated is:



Statement of Work, EXHIBIT "A" Attachment, Definition of FIVE SERVICE CORE PROGRAM

SECTION XVII. LIABILITY INSURANCE

Contractor will provide, upon execution of this Contract, City with a certificate of general liability insurance naming the City of Weslaco as an additional insured, protecting and insuring the City against claims for liability for bodily injury or other damages by youth or other individuals engaged in the activities funded by this Contract. Contract will hold harmless and indemnify the City of Weslaco, its elected officials, employees, agents or representatives from all claims, actions and damages that are made and assessed against the City of Weslaco, its elected officials, employees, agents or representatives as a result of Contractor's performance of activities and services under this Contract. IN WITNESS THEREOF, City and Contractor have executed two (2) conformed copies of this Contract effective as of this the ___day of __________, 2015 CITY OF WESLACO __________________________________ David Suarez, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ CITY ATTORNEY BOYS’ AND GIRLS’ CLUB OF WESLACO

Mary Lopez, CHIEF PROFESSIONAL OFFICER (EXECUTIVE DIRECTOR)



EXHIBIT “A”

Statement of Work

The funding of $____50,000_ will be for paying staff salaries, membership insurance, BGCA Dues, and all equipment necessary to maintain the every day programs of The Boys and Girls Club of Weslaco, INC.

The following services will be performed in the following via the 5 Service Core Programs ( see attached for definition of service core program ):

1. Provide guidance in behavior and promote health, social education, vocational, and characters development of boys and girls. 2. Provide educational enhancement of computer applications. 3. Provide community- wide programs such as flag football, t-ball, slow pitch, softball, senior and peewee basketball, gymnastics, karate and volleyball. 4. Enhance leadership skill and provide opportunities for planning, decision making and contributing to the club and the community. 5. Provide opportunities for career explorations. 6. Provide a highly enriched remedial program, which concentrates in reading, writing, and arithmetic, arts and crafts, outdoor and environmental education, liberal arts and music. 7. Provide preventive programs such as “SMART Moves,” which deal with alcohol abuse, drug abuse, pregnancy prevention, violence prevention, gang and school dropouts. 8. Provide guidance and counseling for the youth who are referred to Club for community service. The following services will be maintained as a result of the City fund expenditures: 1. Teen outreach program; 2. Violence prevention programs; 3. On- the Job training program; 4. Promote Membership; 5. Expend the number of members participating daily; 6. Help at risk youth realize their potential growth and development; and 7. Extend our service to teens. The following type of beneficiaries will be served: 1. At risk youth 6-18 years of age; and 2. Low income children. The services will be provided at the following address/ location(s): Weslaco Historic City Hall, 500 S. Kansas Ave.



CSO1406


Agenda Item No. (to be assigned by CSO): IV. C.

From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director, Public Facilities Department Subject: Requesting final payment to Prodigy Construction Management, LLC, Payment Application #5, in the amount of $18,113.05 for the construction of the Valley Nature Center Building. Discussion: Discussion and consideration to authorize final payment to Prodigy Construction Management, LLC, Payment Application #5, in the amount of $18,113.05 for the construction of the Valley Nature Center Building and authorize the Mayor and/or City Manager to execute any related documents. Funding Source (budget code, if applicable): 17-595-6955 Amount: $18,113.05

Term of Impact: #[ ] year(s) N/A

Identified in Current Budget: Yes

Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: City Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Public Facilities Internal Memo; Prodigy Construction Mgmt. Pay Application #5 (Final) Responsibilities upon Approval: Please provide certification to Public Facilities upon approval.




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Agenda Item No. (to be assigned by CSO): IV. D.

From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director Subject: Consideration to approve Lease Agreement between the City of Weslaco and Lower Rio Grande Valley Nature Center. Discussion: Discussion and consideration to approve a Mutual Lease Agreement between the City of Weslaco and the Lower Rio Grande Valley Nature Center for the lease of the newly constructed building and authorize the Mayor to execute any related documents. Possible action. Fiscal Note: Amount: N/A

Term of Impact: [#] year(s) N/A

Identified in Current Budget: Y/N

Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Mutual Lease Agreement Responsibilities upon Approval: Requesting certification upon City Commission Meeting.




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THE STATE OF TEXAS *

*

COUNTY OF HIDALGO * MUTUAL LEASE AGREEMENT

*

CITY OF WESLACO *

THIS MUTUAL AGREEMENT LEASE (“Agreement”) is made and executed on

t h i s __ __ __ __ __ day of____________, ________ between the Lower Rio Grande Valley Nature

Center, hereinafter called LESSEE, and the City of Weslaco, hereinafter called LESSOR.

WITNESSETH:

ARTICLE I

DESCRIPTION-LOCATION

1.01 LESSOR does hereby demise and lease unto LESSEE the following described property:

The Gibson Park Center Building and the Nature Park located in the Gibson Park at 301 S.

Border Ave. in the City of Weslaco, Hidalgo County, Texas. The Nature Park and the

building are to be used to develop a nature trail and a center providing environmental

materials and services for the public. The operation of the nature trail and center shall be for

a public purpose and only for that purpose. The above activities shall be subject to the

special terms, if any, which may be listed below, and which shall be determined by mutual

agreement of both parties.

ARTICLE II

TERMS AND RENT

2.01 The term of this Agreement shall be, to have and to hold the same for the term of twelve

months beginning the ___ day of November, 2014 and termination the ____ day of

November, 2015. The Agreement shall be effective upon signature by both Parties.

2.02 Provided LESSEE has not defaulted in any of the terms, conditions or provisions hereof,

LESSEE may be given the right of renewing and extending the term hereof, , for a like

term.. Provided however, the LESSOR shall have the right to terminate the Agreement at the

end of LESSOR’s budget period each year, and shall be a commitment of its current revenue

only.



2.03 LESSEE shall give LESSOR notice of the termination of this Agreement in writing at least

sixty (60) days prior to the term termination date of this or any subsequent agreement, unless

otherwise agreed.

2.04 If conditions arise to warrant such, the contracting parties can mutually agree to renegotiate this

contract prior to the termination date established.

ARTICLE III

IMPROVEMENTS TO PROPERTY

3.01 It is agreed that all permanent improvements made to or furnished by the LESSEE on the leased

premises shall be deemed to be and shall become part of the realty and shall belong to LESSOR

upon expiration of this Agreement or any extension hereof.

3.02 LESSEE may make alterations, paint the interior or exterior of said building and erect reasonable

signs, but if major alterations which might adversely affect the exterior or interior or said building

are desired by the LESSEE , such alterations shall not be made, nor such signs erected without the

written consent of LESSOR.

ARTICLE IV

INSURANCE

4.01 LESSOR shall insure the building and equipment covered by this Agreement against fire, accident,

or natural disaster. In the event the building(s), equipment or any part thereof shall, during said term

or any renewal hereof, be destroyed by fire, accident, or natural disaster so that the same shall be

thereby rendered unfit for use and habitation, then, if economically feasible, to the LESSOR,

LESSOR shall make diligent effort to restore damaged premises to their proper working conditions

for use and habitation by LESSEE. If economically unfeasible, to the LESSOR, this contract shall

be mutually renegotiated and/ or terminated at LESSOR’s discretion.

4.02 LESSEE agrees to hold LESSOR harmless for any liability for any accident or other legal cause of

action based upon any tort which occurs on the leased premises, caused by LESSEE, its agent

or employees. LESSEE further agrees that LESSOR shall not become obligated to pay any



damages to any third party because of any accident or other loss and caused by the negligence of

LESSEE or any of its employee, agent or licenses. LESSEE will reimburse LESSOR for

the amount of LESSOR’S actual payments in damages and expenses incident thereto. LESSEE

must name LESSOR as additional insured on any insurance which covers its obligations under this

Agreement.

4.03 LESSEE agrees to at all times during the term of this Agreement have in effect liability insurance

policy to protect LESSOR from any third party claims that may arise as a result of injuries

caused to any person upon the premises herein described. The limits of this policy shall be not

less than $100,000.00 liability per each person and $1,000,000.00 aggregate. LESSEE agrees to

provide a copy of such policy of insurance to LESSOR at time of signing.

ARTICLE V

UTILITIES

5.01 LESSOR shall pay the charges for water, sewer, and garbage-trash pick-up service. LESSEE

shall pay charges for telephone. LESSOR shall pay for electricity associated with illuminating

the building and grounds. It is agreed and understood that all utilities currently installed and/or

connected to the leased building prior to the date LESSEE takes possession shall be paid by the

LESSOR. All utilities installed or connected after LESSEE takes possession of the leased

building shall be paid by LESSEE.

ARTICLE VI

TAXES

.

6.03 The LESSEE shall be responsible for all personal property taxes as assessments on personal

property it owns and uses in the demised building.

ARTICLE VII

MAINTENANCE OF PREMISES



7.01 LESSEE agrees to maintain the interior Nature Park, the building interior, and all equipment in

condition suitable for the use for which this Agreement is intended. LESSOR agrees to maintain the

fence surrounding the Nature Park, the road and parking lot leading to the Nature Center, the

roof, external building structure, utility lines, and grounds surrounding the building and park in

condition suitable for the use for which the Agreement is intended.

ARTICLE VIII

SUBLEASING

8.01 The LESSE shall not sublet or assign either The Gibson Park Center or the Nature Park, or any

part thereof to a third party without the written consent of the LESSOR.

ARTICLE IX

MISCELLANEOUS

9.01 This agreement shall be binding upon and inure to the benefit of the parties hereto and their

respective successor.

9.02 LESSEE will not suffer to be carried on upon the premises any trade or business, or anything to

be done thereon, except that which has been agreed to in this Agreement.

9.03 LESSEE shall not discriminate against any employee, applicant for employment, or visitor to The

Gibson Park Center Building and the Nature Park because of race, religion, age, disability, sex,

or national origin.

9.04 LESSEE will permit LESSOR at any reasonable time to make such repairers as it may deem

necessary for the protection of the premises.

9.05 This agreement shall be construed under and in accordance with the laws of the State of Texas

and all obligations of the parties created hereunder are performable in Hidalgo County, Texas.

9.06 In case any one or more of the provisions contained in the agreement shall for any reason be

held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or

unenforceable shall not affect any other provisions thereof and this agreement shall be



construed as if such invalid, illegal, or unenforceable provisions had never been contained

herein.

9.07 Board of Directors. It is agreed between the LESSOR and LESSEE that the Chairman of the

Parks and Recreation Advisory Committee for the City of Weslaco or a designated member will be

a member of the Board of Directors of the Lower Rio Grande Valley Nature Center (“Board”). It is

also agreed that the Parks and Recreation Director for the City of Weslaco shall be and ex officio

member of the Board.

9.08 Fund Raising. LESSEE shall be allowed to organize, implement, and/or establish fundraising

Activities and/or services such as but not limited to operation of a gift shop and nursery, which

shall be used to sell environmentally related articles. It is understood between the LESSEE and

LESSOR that the proceeds of the gift shop and the monies derived from workshop and training

sessions to be presented to the public shall be used for the operation of the Lower Rio Grande

Valley Nature Center.

IN WITNESS HEREOF, the undersigned hereto execute this agreement as of the day and year fist

above written.



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IN WITNESS HEREOF, the undersigned hereto execute this agreement as of the day and year first

above written.

LESSORS:

CITY OF WESLACO

BY: _______________________________ David Suarez, Mayor

ATTEST:

________________________________ Elizabeth M. Walker, City Secretary

APPROVED AS TO FORM:

__________________________ , City Attorney COUNTY OF HIDALGO

This instrument was acknowledged before me on the ____________ day of ____________,

____________ by David Suarez, Mayor of the CITY OF WESLACO, and on behalf of said city.

________________________________ Notary Public in and for the State of Texas My Commission Expires: __________________ _______________________________________ (Printed Name of Notary)



LESSEE:

LOWER RIO GRANDE VALLEY NATURE CENTER

BY: ___________________________

Mark Gibbs, President ____________________________ Hollie Johnston, Executive Director

THE STATE OF TEXAS * * COUNTY OF HIDALGO * This instrument was acknowledged before me on the ________ day of ____________________,

________ by President of the LOWER RIO GRANDE VALLEY NATURE CENTER, and behalf of said

corporation.

________________________________ Notary Public in and for the State of Texas My Commission Expires: ______________

___________________________________ (Printed Name of Notary)



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Date of Meeting: 11/03/14

Agenda Item No. (to be assigned by CSO): IV. E.

From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: Presentation of the annual City of Weslaco’s Investment Policy. Discussion: To approve the annual City of Weslaco’s Investment Policy. Fiscal Note: Amount: $ N/A Term of Impact: N/A Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: To approve. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department




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Investment Policy & Strategy cont’d

INVESTMENT POLICY FOR THE CITY OF WESLACO

1. INTRODUCTION. The purpose of this document is to set forth specific investment

policy and strategy guidelines for the City of Weslaco in order to achieve the goals of safety, liquidity, yield, and public trust for all investment activity. The City Council of the City of Weslaco shall review its investment strategies and policy not less than annually. This policy serves to satisfy the statutory requirement (specifically the Public Funds Investment Act) Article 842a-2 V.T.C.S (the “Act”) to define, adopt and review a formal investment strategy and policy.

2. INVESTMENT STRATEGY. The City of Weslaco maintains portfolios which utilize

four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios:

2.1 Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high quality, short-to-medium-term securities which will complement each other in a liability matching or a laddered maturity structure. The dollar weighted average maturity of 12 months or less will be calculated using the stated final maturity date of each security.

2.2 Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date.

2.3 Investment strategies for debt service reserves funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate term maturities. 2.4 Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in investment pools, money market funds, collateralized bank deposits or highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date.

3. SCOPE. This investment policy applies to all financial assets of the City of Weslaco.

These funds are accounted for in the City’s Comprehensive Annual Financial Report (CAFR) and include:



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• General Fund • Special Revenue Funds • Debt Service Funds • Capital Projects Funds • Enterprise Funds • Internal Service Funds • Trust and Agency Funds • (Any new fund created by the City, unless specifically exempted)

3.1 Additional funds may be added with the approval of the City Manager and the Finance Director. This policy shall not apply to financial assets not administered by the City.

4. OBJECTIVE. The City of Weslaco shall manage and invest its cash with four objectives,

listed in order of priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law.

The City shall maintain a comprehensive cash management program which includes

collection of accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of available cash. Cash management is defined as the process of managing monies in order to insure maximum cash availability and maximum yield on short-term investment of pooled idle cash.

4.1 Safety. The primary objective of the City’s investment activity is the

preservation of capital in the overall portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses, whether from securities defaults or erosion of market value.

4.2 Liquidity. The City’s investment policy shall be structured such that the City

is able to meet all obligations in a timely manner. This shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets.

4.3 Yield. The City’s cash management portfolio shall be designed with the

objective of regularly exceeding the average offering yield on three-month U.S. Treasury Bills. The investment program shall seek to augment yields above this threshold consistent with risk limitations identified herein and prudent investment policies.

5. RESPONISBILITY AND CONTROL

5.1 Investment Officer. The Finance Director is designated as investment

officer of the City and is responsible for investment decisions and activities. The Finance Director shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons



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responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The investment officer shall attend at least one training session relating to the officer’s responsibility under the Act within 12 months after assuming duties. The investment officer shall receive not less than 10 hours of instruction every two years that begins on the first day of the City’s fiscal year and consists of two consecutive fiscal years after that date. This training shall relate to investment responsibilities under the Act, and received from an independent source approved by the investment committee.

5.2 Internal Controls. The Finance Director is responsible for establishing and

maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimated and judgments by management.

Accordingly, the Finance Director shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points:

A. Control of collusion B. Separation of transaction authority from accounting and

record keeping. C. Custodial safekeeping. D. Clear delegation of authority to subordinate staff members. E. Written confirmation for telephone (voice) transactions for

investments and wire transfers. F. Development of wire transfer agreement with the

depository bank or third party custodian. 5.3 Prudence. Investments shall be made with judgment and care, under

circumstances then prevailing, that a person of prudence, discretion and intelligence would exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration:

A. The investment of all funds, or funds under the City’s control,

over which the officer has responsibility rather than a consideration as to the prudence of single investment.



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B. Whether the investment decision was consistent with the written investment policy of the City.

The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security’s credit risk or market price changes, provided that these deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 5.4 Investment Committee. There shall be established an investment

committee to review investment transactions, performance, and to identify strategies for funds to be invested. Members of this committee should include the Finance Director, the City Attorney, the City Auditor, the City’s Financial Advisor, and a representative from the depository bank. Additional members may be appointed by the committee as appropriate. The committee shall meet as often as deemed necessary by the City Manager.

6. ETHICS AND CONFLICTS OF INTEREST. City staff and investment

committee members involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City’s portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to timing of purchases and sales.

An investment officer of the City who has personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual selling to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity.

4. REPORTING.

7.1 Quarterly Reporting. The Finance Director shall submit a signed quarterly investment report that summarizes current market conditions, economic developments and anticipated investment conditions. The report shall summarize investment strategies employed in the most recent quarter, and describe the portfolio in terms of investment securities, maturities, risk characteristics, and shall explain the total investment return for the quarter.

The quarterly investment report shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will allow the City to ascertain



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whether investment activities during the reporting period have conformed to the investment policy. The report will be provided to the City Manager and City Council. The report will include the following:

A. A listing of individual securities held at the end of the reporting period.

B. Unrealized gains losses resulting from appreciation or depreciation

by listing ending book and market value of securities for the period.

C. Average weighted yield-to-maturity of the investment portfolio as compared to applicable benchmarks.

D. Listing of all investments by maturity date.

E. The percentage of the total portfolio which each type of investment

represents.

F. Statement of compliance of the City’s investment portfolio with State Law and investment strategy and policy approved by the City Council.

7.2 Annual Report. Within 60 days of the end of the fiscal year, the Director of

Finance shall present an annual report in the investment program and investment activity. This report may be presented as a component of the forth quarter to the City Manager and City Council.

1. INVESTMENT PORTFOLIO

8.1 Active Portfolio Management. The City shall pursue an active versus a passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment officer will routinely monitor the contents of the portfolio, the available markets, and the relative value of competing instruments, and will adjust the portfolio accordingly.

8.2 Investments. Assets of the City of Weslaco may be invested in the following instruments; provided, however, that at no time shall assets of the City be invested in any instruments or security not authorized for investment under the Act, as the Act may from time to time be amended.

8.3 Portfolio Pricing. Security prices shall be obtained monthly from the

custodian bank, the investment manager, or any broker-dealer not responsible for having sold the City the security being priced. Market value of pooled or mutual funds will be obtained from published sources, such as their websites



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I. Authorized A. Obligations of the United States of America, its agencies and instrumentalities. B. Direct obligations of the State of Texas and agencies thereof.

C. Other obligations, the principle of and interest on which are unconditionally guaranteed by the State of Texas or United States of America, including those fully insured by the Federal Deposit Insurance Corporation (FDIC).

D. Obligations of the States, agencies thereof, Counties, Cities, and other political

subdivisions of any state rated the equivalent of A or better by a nationally recognized investment rating agency.

E. Certificates of Deposit of state and national banks doing business in Texas,

guaranteed or insured by the FDIC or its successor, or secured by obligations described in A through D above, which are intended to include all direct agency- or instrumentality-issued mortgage backed securities with a market value of not less than the principal amount of the certificates plus all accrued but unpaid interest earned.

F. Fully collateralized direct repurchase agreements with a defined termination date

secured by obligations of the United States or its agencies and instrumentalities, pledged with a third-party safekeeping agent approved by the Finance Director. Repurchase agreements must be made through a primary government securities dealer, as defined by the Federal Reserve, or a bank doing business in Texas.

G. Joint pools of political subdivisions in the State of Texas which invest in

instruments and follow practices allowed by current law.

H. Commercial paper with final maturities limited to 270 days, rated no less than A1P1 or an equivalent rating provided by S&P, Moody’s or Fitch.

I. Money Market Mutual Funds regulated by the SEC with a dollar-weighted

average maturity of 60 days or less;

II. Not Authorized

The City’s authorized investments options are more restrictive than those allowed by the state law. State law specifically prohibits investment in the following investment securities.

A. Obligations whose payment represents the coupon payments on the outstanding principle balance of the underlying mortgage-backed security collateral and pays no principal.

B. Obligations whose payments represents the principle stream of cash flow from

underlying mortgage-backed security collateral and bears no interest. C. Collateralized mortgage obligations that have a stated final maturity date greater

than 5 years.



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D. Collateralized mortgage obligations the interest rate of which is determined by an

index that adjusts opposite to the changes in a market index. 8.3 Holding Period. The City of Weslaco intends to match the holdings periods

of investment funds with liquidity needs of the City. In no case will the average maturity of investments of the City’s operating funds exceed two years. The maximum final stated maturity of any investment shall not exceed five years.

8.4 Risk and Diversification. The City of Weslaco recognizes that investment risks can result from issuer defaults, market price changes or various technical complications leading to a temporary liquidity. Risk is controlled through portfolio diversification which shall be achieved by the following general guidelines:

A. Risk of issuer default is controlled by limiting investments to those instruments allowed by the Act, which are described herein.

B. Risk of market price changes shall be controlled by avoiding over-

concentration of assets in a specific maturity sector, limitation of average maturity of operating funds investment to 12 months, and avoidance of over-concentration of assets in specific instruments other than U.S. Treasury Securities and Insured or Collateralized Certificates of Deposits.

8.5 Downgrade Provision – Any portfolio security whose credit rating is placed on review for downgrade must be evaluated by the investment officer to determine if it is prudent to liquidate. Investments subsequently downgraded below the required minimum credit rating should be liquidated in a prudent manner. 9.0 SELECTION OF BANKS AND DEALERS

9.1 Depository(ies). The City shall seek to maintain good banking relationships while minimizing the cost of banking services. At least every five years, a Depository(ies) shall be selected through the City’s banking services procurement process, which shall include a formal request for proposal (RFP). Concerns about safety are to be addressed by the pledging requirements of the depository in accordance with state law.

9.2 Certificates of Deposit. Banks and other financial institutions seeking to

establish eligibility for the City’s competitive certificate of deposit purchase program shall submit for review annual financial statements, evidence of federal insurance and other information as required by the Finance Director.

9.3 Securities Dealers. All financial institutions and broker/dealers who desire to

become qualified bidders for investment transactions must supply the following as appropriate:

• audited financial statements • proof of Financial Industry Regulatory Authority (FINRA) certifications



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• proof of Texas state registration • certification of having read the City’s investment policy signed by a

registered principal of the organization • acknowledgment that the organization has implemented reasonable

procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the City and the organization.

9.4 Financial Advisors. Financial Advisors may be retained by the city under

contract for periods not to exceed 5 years.

9.5 Authorized Brokers. The investment committee shall annually review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City.

10. SAFEKEEPING AND CUSTODY

10.1 Insurance or Collateral. All deposits and investment of City funds other than direct purchases of U.S. Treasuries or Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 102% of market value of principal and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC. Evidence of the pledged collateral shall be maintained by the Finance Director or a third-party financial institution. Repurchase agreements shall be documented by a specific agreement noting the collateral pledged in each agreement. Collateral shall be reviewed at least monthly to assure that the market value of the pledged securities is adequate.

10.2 Safekeeping Agreement. Collateral pledged to secure deposits of the City’s shall be held by a third-party custodian designated by the Finance Director and evidenced by safekeeping receipts.

10.3 Collateral Defined. The City of Weslaco shall accept only the following

securities as collateral:

A. FDIC and FSLIC insurance coverage. B. A bond, certificate of indebtedness, or Treasury Note of the United States, or

other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States.

C. Obligations, the principal and interest of which, are unconditionally guaranteed

or insured by the State of Texas.

D. A bond of the State of Texas or of a county, city or other political subdivision of the State of Texas having been rated no less than “A” or equivalent by a nationally recognized rating agency with a remaining maturity of ten (10) years or less.



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E. A surety bond, provided that the insurer is rated in the Superior Category (A+) of the A.M. Best Ratings.

F. Obligations, including letters of credit, of the United States or its agencies and

instrumentalities.

10.4 Subject to Audit. All collateral shall be subject to inspection and audit by Finance

Director or the City’s independent auditors.



CSO1406


Agenda Item No. (to be assigned by CSO): IV. F.

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Waterline Access Agreement with North Alamo Water Supply Corporation- Adobe Unlimited, LLC and Midway Courts Phase 2 Discussion: Discussion and consideration to approve the Waterline Access Agreement with North Alamo Water Supply Corporation- Adobe Unlimited, LLC and Midway Courts Phase 2 and authorize the Mayor to execute any related documents. Funding Source (budget code, if applicable): Amount: Term of Impact:

Identified in Current Budget: FY 2014-2015

Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Waterline Access Agreement Responsibilities upon Approval: Upon approval, City Secretary office will convey executed proposal to the Finance Dept. and forward a copy to the Public Utilities Department.




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Documents

14 11 03 agenda supplements