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R2020-140 2020-08-24 RESOLUTION NO. R2020-140 A Resolution of the City Council of the City of Pearland, Texas, awarding a professional services contract in the amount of $264,000.00 to impact Strategic Consulting, LLC for the administration of an emergency rental assistance program to qualifying economically impacted by the COVID- 19/Coronavirus Pandemic. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for administration of an emergency rental assistance program, a copy of which is attached hereto as Exhibit"A"and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for administration of a emergency rental assistance program. PASSED, APPROVED and ADOPTED this the 24th day of Augu D., 2020. TOM REID MAYOR AT EST: ,,.'Qhp.RLAYO, TAL AN, TRMC, CMC :v ' CITY SECRETARY �\ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY REQUEST FOR PROPOSAL BEST AND FINAL OFFER EMERGENCY RENT AND UTILITY SUBSISTENCE PROGRAM SERVICES RFP#0620-42 Prepared for: The City of Pearland,Texas Prepared by: MPACT Strategic Consulting LLC Due Date: August 14, 2020 .t . • lc l*� 6\im 11 poi ism 0 r• S Spurgeon Robinson, President MPACT MPACT Strategic Consulting LLC 4635 Southwest Freeway, Suite 700 S'fRAft:G[C CONSULTING Houston, Texas 77027 866.361.7611 Ext. 700 srobinsonAmpact-consulting.com This document contains MPACT's proprietary and confidential information.The information contained in this document is intended for bid evaluation purposes only,and may not be disclosed or communicated in whole or in part to MPACT's competitors or any third parties without the express written permission of MPACT. ist IIVLPAC T 1 Emergency Rent and Utility STRATEGIC CONSULTING Subsistence Program Services 1. FEE PROPOSAL (BAFO) The following table provides details on the assumed labor and expenses for the software system. Assumptions on number of applicants and total scope will be agreed during contract negotiations. The fees and rates below assume a maximum five (5)month period of performance. If the period of performance is less,then the fee adjustments would be considered based upon the actual timeline, or availability of funds. Resource Comment Bill Rate Total Hours Price Team Lead hours $ 110.00 720 $ 79,200.00 Case Manager hours $ 70.00 720 $ 50,400.00 Case Manager hours $ 70.00 720 $ 50,400.00 Website and Document Management Development* Build out and Customization $84,000.00 $ 84,000.00 TOTAL $264,000.00 License to be Purchased by the City Units Unit Cost Extended Cost Microsoft Dynamics 365 License Fee(5 months) 20 $45.00 $4,500.00 E-Signature Solution 1 $10,000.00 $10,000.00 Stralto DMX 1 $8,000.00 $8,000.00 License Cost Per Year 522,500.00 *Our solution is built on the Microsoft Dynamics platform and will require the following licenses: - Microsoft D365-20 licenses - Adobe license(for e-signatures)-1 - Stralto DMX(Document Management system for D365)- 1 1.1. Supplier Notes Website and Document Management solution will be hosted by the City. MPACT's price assumes: ✓ Program will be for a period of up to 5 months, beginning on or near August 1, 2020 through December 30'2020. ✓ Maximum 400 applicants needing assistance per month. ✓ Office space and call center phones are provided by the City of Pearland. RFP#0620-42 Page 2 of 2 CONFIDENTIAL REQUEST FOR PROPOSAL EMERGENCY RENT AND UTILITY SUBSISTENCE PROGRAM SERVICES RFP#0620-42 Prepared for: The City of Pearland,Texas Prepared by: MPACT Strategic Consulting LLC Due Date: June 30, 2020 - 11:00 AM(CST) I. - t i t. -ice y ._ - , •Il Ir II;r. ,'4 • -' r --- - - --,.-..c `.i-- }-•,� .. . Air- litill /� Spurgeon Robinson, President - M I,SIRAIF(i1C WWII I INIr�C T MPACT Strategic Consulting LLC 4635 Southwest Freeway, Suite 700 ' Houston, Texas 77027 866.361.7611 Ext. 700 srobinson@u,mpact-consulting.com This document contains MPACT's proprietary and confidential information.The information contained in this document is intended for bid evaluation purposes only,and may not be disclosed or communicated in whole or in part to MPACT's competitors or any third parties without the express written permission of MPACT. ` M PAC T ° Emergency Rent and Utility s.1% ,i i Ic LONS11111140 Subsistence Program Services TABLE OF CONTENTS 1. OUR PHILOSOPHY 3 2. STATEMENT OF QUALIFICATIONS 4 2.1. Proposed Staffing 8 2.2. Benefits to the City 9 3. PROJECT SCHEDULE AND APPROACH 10 3.1. Project Approach/Plan 11 3.1.1. Web-based Application Development and Workflow 11 3.1.2. Database Development and Case Management Initiation 12 3.1.3. Application Case Management 13 3.1.4. Prioritization of Applicants for Assistance 15 3.1.5. Document Collection and Review 15 3.1.6. Quality Control 15 3.1.7. Submission of Application for Payment 15 3.1.8. Repeating the Process for additional months as needed 15 4. EQUIPMENT AND TECHNICAL RESOURCE 16 4.1. Intake and Processing of Rental Assistance Applications 17 4.2. Review and Validation of Applicant Information for Qualification and Participation in the Program 18 4.3. Validation of Landlord Information and Documentation for Applicants' Qualification and Participation in the Program 19 4.4. Approval of Applicants' Qualification and Participation in the Program 19 5. ON-SITE REQUIREMENTS 20 6. FEE PROPOSAL 21 6.1. Supplier Notes 21 7. DEBARTMENT,SUSPENSION, BACKGROUND CHECKS 22 8. REQUIRED FORMS 23 RFP#0620-42 Page 2 of 23 (0\111)I vIl \L MPACT " Emergency Rent and Utility s i k AilLI.IC C(1NSI' T I ru. Subsistence Program Services 1. OUR PHILOSOPHY With over 13 years of direct experience in Emergency Application At Risk Economic Management&Disaster Recovery, MPACT understands Processing Population Recovery that following any major disaster declaration, State and Local Governments are faced with numerous challenges and competing priorities to ensure their communities -�,` S$S , and critical infrastructure are restored safely, effectively - $ a s$ and in a timely manner. Critical among these challenges are timing, funding, and retention. More specifically, reducing the response and recovery time from the disaster event including a pandemic event such as COVID-19,to when applicants are reimbursed,maximizing the amount of eligible grant funding obligated, and increasing the amount of funding retained following potential audits. To effectively do this requires in-depth knowledge of the various grant programs where funding may be.received as well as a strong command over management,monitoring/tracking and on-going programmatic compliance. We exhaust all funding options to expedite complete and full community recovery. Upon review of the specifications and requested services outlined in the RFP,MPACT understands the City of Pearland is seeking a highly experienced local firm that is well-versed in all aspects of Rental Assistance Program delivery. MPACT has established success providing technical assistance on various Federal housing programs including Department of Housing and Urban Development(HUD) Community Development Block Grant Disaster Recovery (CDBG- DR) and Federal Emergency Management Agency(FEMA) Direct Housing.Additionally, we are currently assisting several Texas municipalities with COVID-19 response and recovery, guiding them through the complexities of the Coronavirus Aid, Relief and Economic Security(CARES) Act and FEMA's Public Assistance Program. Our team of experienced consultants are extremely passionate about Disaster Recovery and strive to streamline processes and maximize applicant funding to expedite community recovery and resiliency. We are committed to excellence and deliver first-rate customer service, and innovative, flexible solutions to help organizations respond to imminent threats such as COVID- 19. MPACT has a reputation in the industry of producing optimal results while maintaining high levels of integrity, confidentiality, and professionalism. We will leverage our expertise, resources, and trusted local and state relationships to provide the City of Pearland with the programmatic and strategic guidance required to meet the urgent needs of the community. As understood from the RFP, the MPACT Team anticipates administering the intake,multi-level validation and approval of applications for rental housing assistance while also ensuring programmatic compliance. Specifics regarding the activities and services that MPACT will perform are outlined in the Section 3, Proposed Schedule, and Approach. RFP#0620-42 Page 3 of 23 CON} IDEN I 1\L M PACT oiNt Emergency Rent and Utility %lit It "'\'' ' "`` Subsistence Program Services 2. STATEMENT OF QUALIFICATIONS MPACT has developed a stellar reputation for providing consulting and federal grant administration services to local { 't- governments. We have helped -- �— _ -j� communities and jurisdictions of ILt 1__- , various sizes to plan, manage, and �,� '' administer grant programs. -; t Members of our team have collectively managed, assisted T.,,, lit and/or provided technical * * assistance and oversight for over $125 Billion in disaster recovery funding from various sources over CMIIP the past decade. Our Coronavirus(COVID-19) Experience: Our team is currently assisting several local communities with their COVID-19 response including Fort Bend County, City of Missouri City and City of Houston. We are currently tasked with assisting in the grant administration, financial management, audit and reviews, and providing technical assistance provided through the CARES ACT and FEMA. Our growing knowledge and experience that has been acquired since the government-imposed shutdown, has enabled us to develop best practices and lessons learned that have improved efficiency and results. We leverage HUD and FEMA required tools and resources, supplemented by our program management,technology, and industry best practices, to design and implement an efficient and compliant recovery programs that will meet the goals and the needs of impacted communities within a compliant structure. This has resulted in MPACT being recognized as technical and operational experts in this field. Some of the strengths our team brings include: ✓ Accurate and audit-ready financial management and decision-making tools, ✓ Innovative and impactful solutions for solving traditional grant management challenges, ✓ Application of technologically advanced methods to reduce administrative delays, I Seasoned professionals with distinguished records successfully delivering current and past disaster recovery programs, ✓ Proven and demonstrated expertise in each task-level service solicited in this RFP. We have developed effective management, coordination, and quality assurance approaches to deliver results to clients while avoiding cost and schedule overruns. Our prior experience with complex and diverse programs led us to form a team of specialists, instead of generalists, ensuring we have some of the best in the industry for each task area. RFP#0620-42 Page 4 of 23 CONFIDENTIAL it MPACT Emergency Rent and Utility `t k ,I. i; ("`"'. 'i , Subsistence Program Services The following table represents the many Disaster Recovery programs MPACT has supported for various clients over the years. As mentioned in the staffing summary,MPACT has a wealth of knowledge and experience, and the capacity and flexibility to draw resources as needed for client support. Summary of Disaster Response & Recovery Programs Experience PA Client FEMA CDBG- Housing Funding & Monitoring (DR-Event) HMGP DR Assistance Support & Oversight Fort Bend County, TX (COVID-19 and CARES ACT) 1 1 1 Missouri City,TX(COVID-19 � and CARES ACT) City of Houston (COVID-19 and CARES ACT) New York Governor's Office of Storm Recovery (Hurricane Sandy) 1 1 / ✓ City of Houston (Hurricane Harvey) 1 City of New York Build It Back(Hurricane Sandy) rNueces County,TX (Hurricane Harvey) 1 1 ✓ I- New Jersey Dept. of Community Affairs ✓ 1 1 ✓ (Hurricane Sandy) Texas GLO DR Program (Hurricanes Ike and Dolly) 1 J 1 1 1 Texas GLO DR Program (Hurricane Rita) Texas GLO DR Program (Bastrop Wildfires) 1 1 ✓ City of Port Arthur 1 ✓ ✓ City of Brownsville Housing Program ✓ ✓ (Hurricane Dolly) Louisiana Office of Community Development Disaster Recovery Unit (Hurricanes Katrina/Rita/ Gustav/2016 Floods) ___________, Ascension Parish Dept. of Community Development (Hurricane Isaac) 1 ✓ 1 I RFP#0620-42 Page 5 of 23 i t iUi i i ; si.. 0.11 MPACT Emergency Rent and Utility ""` '` ""'' ""` Subsistence Program Services MPACT's competence is further defined by its leadership in understanding the core requirements and regulations, having drafted and developed housing and rental assistance policies,procedures,. training materials and applications that have met HUD approval which is more stringent than required for the CARES ACT. These federally funded and HUD funded programs required knowledge of a vast number of federal laws and regulations, local regulations as well as key policy interpretations and waiver requests that would ensure compliance without risk of de- obligations. MPACT has not had any funds de-obligated due to its project management and oversight. Work with Texas Municipalities-Our FEMA and COVID-19 experience with municipalities within the state of Texas includes: 1. Fort Bend County, TX-Texas Covid-19 Pandemic Response DR 4485 II FEMA Public Assistance Program/CARES Act (2020—Present) MPACT is currently assisting one of the largest counties in the State of Texas with its financial management and documentation for its COVID-19 response and recovery. The team is providing Emergency Services in response to the global contagious respiratory virus, COVID-19, as authorized by FEMA and by the Governor of the State of Texas, to perform Emergency protective measures under the FEMA PA Program, and; use of FEMA non-disaster grant funds to address COVID-19 needs. 2. City of Missouri City,TX-Texas Covid-19 Pandemic Response DR 4485 II FEMA Public Assistance Program/CARES Act (2020—Present) MPACT is currently providing COVID-19 oversight and technical assistance regarding FEMA PA policy, guidance and related Federal regulations. The project includes formulation of Emergency Protective Measures and Donated Resources project worksheets and preparing corresponding documentation to ensure programmatic compliance. This requires constant collaboration with FEMA and Texas Division of Emergency Management(TDEM) counterparts. 3. City of Houston,TX—Hurricane Harvey DR 4332 II FEMA Public Assistance Program (2018—Present) MPACT is providing financial recovery, oversite and inspection for reconstruction and repair services due to Hurricane Harvey. The project includes the city's wastewater treatment plant, city hall annex, fire and police stations, libraries and parks. Damaged from Hurricane Harvey these projects are being repaired and reinforced for resiliency. 4. City of Port Arthur, TX—Hurricane Harvey DR 4332 II FEMA Hazard Mitigation Program (HMGP) (2017—2019) MPACT served as a Lead PA Specialist for the City in the recovery effort for Hurricane Harvey Category B and Donated Resources. Conducted a CAT B information session, coordinated one-on-one meeting with each division, developed damage inventory, requested/reviewed support documentation,provided technical assistance and assisted the City in capturing and applying for full reimbursement. 5. Port Arthur Independent School District—Hurricane Harvey DR 4332 II FEMA Public Assistance Program (2017-2019) MPACT served as a Project Manager for PAISD Hurricane Harvey FEMA project reimbursement. Working directly with FEMA and TDEM counterparts,we compiled data to develop Public Assistance and 406 Mitigation guidance to district staff, review required documentation for all categories of work projects to ensure all elements are met RFP#0620-42 Page 6 of 23 CONFIDENTIAL 4Mp : . Emergency Rent and Utility Subsistence Program Services as required by FEMA. We also participated in site inspections, developed Damage Descriptions and Scope of Work for all project worksheets, monitored projects using the Grants Portal and respond to FEMA's Essential Element of Information (EEI) requests on behalf of the district. MPACT Disaster Recovery Programs Over the Last 10 years State Storms / Events Communities Colorado • Colorado Floods • Boulder County • City of Boulder • City of Longmont Florida • Hurricane Irma • Statewide Assistance(multiple impacted counties) • Hendry County Georgia • Floods and • City of Albany Hurricanes • Dougherty County Louisiana • Hurricane Katrina • Statewide Assistance(multiple impacted counties) • Hurricane Rita • City of New Orleans • Louisiana Floods • Orleans Parish • Jefferson Parish • St.Tammany Parish • St. Bernard Parish • Ascension Parish • City of Baton Rouge New Jersey • Hurricane Sandy • Statewide Assistance(multiple impacted counties) • Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean,and Union Counties New York • Hurricane Sandy • Statewide(multiple impacted counties) • City of New York • Nassau County • Suffolk County • Westchester County North Carolina • Hurricane Michael • Statewide Recovery Assistance • Hurricane Florence Puerto Rico • Hurricane Irma • City of San Juan • Hurricane Maria • Bayamon • Guynabo • All regions across Commonwealth Texas • COVID-19 • Fort Bend County • Hurricane Harvey • Nueces County • Hurricane Ike • City of Houston • Hurricane Rita • Harris County • Hurricane Dolly • Missouri City • City of San Marcos • Southeast Texas Region(Hardin,Jefferson, and Chambers County) • Lower Rio Grande Valley(Hidalgo,Cameron,and Willacy County) • City of Port Arthur Disaster information is organized and presented in alphabetical order by state. The listing of named storm events and specific communities are not arranged in any particular order. RFP#0620-42 Page 7 of 23 CONFIDENTIAL M PAC T oit Emergency Rent and Utility Subsistence Program Services 2.1. Proposed Staffing MPACT's core team members possess more than 80 years combined experience working in Emergency Management and have been positioned with State and local grantees for some of the most significant disasters,response &recovery engagements in the United States including Hurricanes Katrina, Rita, Ike, Dolly, Sandy, Harvey, Irma, Maria, Michael, and Florence.We also have experience responding to biological and pandemic emergencies, through our current response activities due to COVID-19. We provide professional services in Emergency Operations Center(EOC) support, Logistics and Planning, FEMA Public Assistance(PA) grant management, HUD CDBG-DR, financial advisory, damage assessments,policy development, compliance reviews, cost reconciliation, development of successful appeals, document management and closeout. Provided below are the names of the MPACT individuals being proposed to manage the Rental Assistance team of case workers in support of the City of Pearland Name Title Experience Senior Technical 20 years as a Public/Private sector consultant;specializes in Spurgeon Robinson Advisor/Principal managing federal grant-funded Housing and Infrastructure programs 15 years as a Program/Project Manager, Housing and Rental Chuck Ellsworth Project Manager Assistance programs and Grant Management Subject Matter Expert Eric Garza Team Lead 11 years as a Disaster Recovery consultant;specializes in HUD Community Development Block Grant Housing Programs Curtis Bowens Lead Case Over 6 years as a Disaster Recovery consultant;specializes in Manager Quality Control and Data Analysis To Be Determined (3) Case Manager MPACT Staff members with exceptional customer service skills,discretion,and attention to detail With MPACT's dedicated resources, the City of Pearland will gain a wealth of knowledge and experience in disaster recovery programs and operations. Additionally,the County will have access to and can draw upon MPACT's extended network of Emergency Management and certified professionals, such as: ✓ Certified Engineers(Civil, Structural,Water,etc.) ✓ Project Managers/General Planners ✓ Construction Managers/Inspectors ✓ Case Managers/Housing Inspectors ✓ Environmental Specialists/Technicians ✓ Data Analysts&GIS Technicians ✓ Hazard Materials Managers ✓ Policy Analysts&Advisors ✓ Hazard Mitigation Specialists ✓ Floodplain Managers ✓ Quality Assurance/Quality Control Specialists ✓ Insurance Adjusters ✓ Cost Estimators ✓ Public Outreach Specialists ✓ Public Health&Medical Science Advisors ✓ Resiliency Specialists RFP#0620-42 Page 8 of 23 CONI 11)1AF'\L MPACT elk Emergency Rent and Utility SIkS It I( to\.I)IIIM1t: Subsistence Program Services 2.2. Benefits to the City MPACT believes we are the best team available both in terms of value and proven results based on our experience not only managing the challenges posed by the COVID-19 recovery,but all recent disasters and associated recoveries. We have achieved outstanding results and client satisfaction and have the most competent team to support the City of Pearland's needs. MPACT is also a certified Minority Business 2019 Firiii of the Yea,. Enterprise (MBE), Disadvantaged Business Enterprise (DBE) and federal Small Business Administration 8(a) MPACT was awarded the Minority 'LL certified firm. Professional Services Firm of the Y . 2019Our team is uniquely qualified to perform FEMA and Commerce's Minority Business! HUD related activities and our local and national team Development Agency of experts and resources solidify our experience. ✓ We bring a current and practical perspectives from working with clients on many of the high-profile issues following recent hurricanes, and addressing the current global pandemic caused by COVID-19. ✓ MPACT is actively performing COVID-19 grant management and recovery advisory services for Texas municipality's facing the same funding challenges San Patricio County is facing and we have the real-time experience to guide your funding assignments and documentation correctly. I Detailed knowledge of FEMA accounting and auditing principals with access to local and national resources allow our team to quickly respond to our client's needs. ✓ Access to a vast array of FEMA leadership and FEMA subject matter experts who bring a wealth of disaster management and FEMA experience. ✓ Intimate understanding of the key de-obligation issues,duplication of benefits and other documentation requirements for eligibility and submission. ✓ Significant and practical experience assisting grantees and subgrantees of FEMA funding in financial, oversight and programmatic areas, including grants management, mitigation, accounting, insurance, internal controls, program assessments, disaster closeout, documentation requirements, audit resolution, appeals and a wide range of other services. ✓ Broad background and experience to draw from having managed disaster recovery work in multiple states, including New Jersey and New York, and bringing direct experience with the full range of disaster funding from FEMA, U.S. Department of Housing and Urban Development(HUD),Health&Human Services (HHS)and various other federal sources. ✓ Significant understanding of FEMA Category B documentation and procurement requirements. RFP#0620-42 Page 9 of 23 CONFIDENTIAL M PAC T Emergency Rent and Utility "`.1` I "`' Subsistence Program Services 3. PROJECT SCHEDULE AND APPROACH MPACT is appropriately equipped to provide the City of Pearland with a highly qualified and proficient team of Case Managers to process,validate and approve rental assistance applications. Prior to project commencement, each staff member will have completed Privacy Awareness training to safeguard the critical security of all applicant Personally Identifiable Information (PII). Our established procedures are both comprehensive and efficient, resulting in increased productivity and swift community recovery. We will use a secure,real-time tracking system which allows for both essential confidentiality and the delivery of accurate and auditable application and payment file support. Our strategy will encompass all scope elements covered in the RFP. MPACT will work with the City of Pearland and other relevant stakeholders to implement the procedures necessary to organize and track all rental assistance applications and provide Applicants with first-rate customer service and timely payment processing. We will consistently evaluate and modify our procedures, in collaboration with the City of Pearland, to guarantee the production and progression of the program. Applicant feedback and customer relations performance will be assessed regularly, and all issues elevated to team management to address through coaching or process improvement. The project tasks and deliverables will define the Case Management framework. The MPACT team will lead the process and guide all participants through the program steps of application, review, validation, and payment. Based on community needs, monthly applicant reverifications and payment submission will be completed throughout the project lifecycle. Project Plan and Schedule Tasks and Sub-Tasks Deliverables Responsible Party Schedule Task 1 1.1: Project Kick-Off Meeting 1.1: Kick-Off Minutes MPACT 1 week Project Initiation and 1.2: Project Status 1.2: Project Status Reports MPACT/Pearland Management Reporting Task 2 2.1: Build Web-site 2.1: Provide specifications MPACT/Pearland 2 weeks Application and instructions for use and Application maintenance. development and 2.2: Build Application and 2.2: Provide specifications MPACT/Pearland initiation. Database Document Database and instructions for use and development and maintenance. initiation. 2.3: Initiate Applications 2.3:Application database MPACT/Pearland reporting. Task 3 3.1:Applications assigned to 3.1:Application database MPACT 3 weeks Case Manager reporting. Assign Cases for 3.2:Verify required 3.2: Reporting Applications MPACT review and documents. Retrieve passing first Case Manager document collection. missing documents. Review and files not Prepare all complete. Applications for 3.3: Missing Document 3.3: Report Applications MPACT review. Collection missing documentation to include Vendor/LL files. RFP#0620-42 Page 10 of 23 C ONFIDEN"I IAt_ 44X MPACT r Emergency Rent and Utility i t Lntism 11N(, Subsistence Program Services Tasks and Sub-Tasks Deliverables Responsible Party Schedule Task 4 4.1: LL or Vendor(Utility) 4. 1:Approved LLNendor or MPACT 1 week verification as registered for rejected report. Verification of payment or provided W-9. Applications. 4.2: QC Review of all 4.2: QC Checklist included in MPACT Submission of required documents and each Applicant file. Application Invoices program requirements. for payment 4.3: Invoice/Transmittal 4.3: Invoice provided to City MPACT/Pearland prepared and submitted or Transmittal,QC checklist, validation of lease/utility and any other documents the city would like attached to an invoice. Task 5 5.1: Review prospective 5.1: Reporting Applications MPACT 4 weeks applications for continued passing first Case Manager Re-verification of qualification for payment. Review and files not files for next month's Collect new documents as complete. payment necessary. authorization and 5.2: LL or Vendor(Utility) 5.2:Approved LLNendor or MPACT submission. verification as registered for rejected report. payment or provided W-9. 5.3: QC Review of all 5.4: QC Checklist included in MPACT required documents and each Applicant file. program requirements. 5.4: Invoice/Transmittal 5.5: Invoice provided to City MPACT/Pearland prepared and submitted The City of Pearland's project tasks and deliverables will be seamlessly integrated with the MPACT Case Management process that fulfills all regulatory requirements within the period of performance and budget. 3.1. Project Approach/Plan Having supported several disaster operations over the past decade, including some of the costliest in recent U.S. history such as COVID-19 and Hurricanes Harvey and Maria in 2017, MPACT understands the necessary steps to be taken to ensure the fastest and most efficient processes are used in delivering relief to communities while maintaining accurate and compliant records of funding support. MPACT has developed an experience-based approach and methodology for delivering recovery programs to Communities of similar size to Pearland, in addition to large municipalities, local governments and State agencies in response to natural disasters. This approach and methodology constitute an integrated and proven guideline for preparing tasks, implementing procedures, and deploying resources, systems, tools,procedures, deliverables, and the staffing density necessary to establish a well-organized recovery program. Our approach is designed to work collaboratively with city, county and state emergency management partners, federal resources, local community partners and non-profit organizations (NPOs)to maximize use of all recovery funds to assist Pearland. 3.1.1.Web-based Application Development and Workflow MPACT will build out and application submission site along the following parameters: RFP#0620-42 Page 11 of 23 CONFIDLNI(A1.. MPACT ' ' eit Emergency Rent and Utility ''` 1, "'\s I i l\ Subsistence Program Services 1. Leveraging our CARES Grant Management product,built on Microsoft Dynamic 365 platform, we will implement a portal where prospective applicants will register and apply. 2. The process will start by entering their rental property address, our system validates whether they are in the service area and checks for existing applications for the same address. 3. After validating the address is within the service area and there is no existing application,they can provide responses to the remaining questions. 4. Business rules prevent submission of the application unless all questions and documents are uploaded. 5. After submitting the application, the MPACT team will use Dynamics 365 backend process to perform eligibility review and collect additional documentation as needed. 6. All document signatures will be collected using Adobe Sign. 7. Our team will work with the City of Pearland to integrate our system with their financial system to provide approved payment details. 8. We provide system training using a combination of pre-recorded videos, live Teams meetings and job aids. 9. If the City desires a consolidated approach to management of all grant programs,we will migrate data from existing spreadsheets and systems into our system. This provides maximum visibility and control across all grant programs. 3.1.2.Database Development and Case Management Initiation Our database will contain all applicant information and can either partner with a City shared drive for Applicant file retention or can be the repository for all applicant information and documents. An Application can be submitted vie the Web Portal or through our Call Center to begin review and processing. A drop-off location of paper applications will most likely also be offered. Application Created and Information extracted from Case Manager performs daily Documents Uploaded via portal and uploaded to review for new assignments online portal Database.Case Manager in Database and begins assignments made. processing the application. RFP#0620-42 Page 12 of 23 (()AE 11)I. ! I it elk mb lNu1l PAC T Emergency Rent and Utility �.I..;,i I t. u1NS1,1 11'rc: � Subsistence Program Services 3.13.Application Case Management Case Manager Process Flow lxcbrc .. — ...citrate, Ao 40 Mw•Kns .,w.0 b oEtsr. Doe.evrx Oc,rores .,..401r sot et Ie...kooe Cflel f rt 1 he-Lt.,, Dar.owl �kKi x�'• 011101 Does .paorDOS N Y.D1;8 0r;.,.. • :n:u sorto No 7kir. M tia�., .—. r r Ne .R m w«r+:»c RFP#0620-42 Page 13 of 23 CONFIDL,N 1 L\L 4411, M PAC T °"' 01 Emergency Rent and Utility - S: \I i l.it LU1SSI i iti<, Subsistence Program Services Based on our experience, each Applicant must meet these general eligibility requirements: 1. Be a resident of Pearland. 2. A member of the household must have a valid government issued photo ID. 3. Priority should be considered for tenants with household income at or below 80%of the local Low to Moderate Income (LMI)level, however all impacted residents are can apply.—NOTE: This is a recommended practice,however the priority of applicants served will be a City of Pearland decision. No. of Persons in Household 1 2 3 4 5 6 7 8 Low(80%) 44,150 50,450 56,750 63,050 68,100 73,150 78,200 83,250 Income Limits ($) 4. Must need assistance for the given Month that rent and/or utility payment assistance is offered: 5. Assistance received from another government agency, non-profit or private provider shall not be for rental or utility assistance or duplicate the benefit to be received from the City of Pearland for the same month. 6. Must have documentation supporting need for rental and/or utility assistance is due to the impact or hardship created by COVID-19. a. We suggest the inclusion of a self-attestation of income loss or providing supporting income documents if other options are not available or verifiable by the Applicant; 7. For Verification of COVID-19 Impact(ONE of the following is required): a. Job/Employment loss after March 1, 2020 (e.g. provide most recent TWC statement or statement from employer on letterhead), Layoff, furlough, or termination letter from former employer,or b. Other income loss with documentation (e.g. verified loss of stipend, child support, etc.), or c. Complete self-declaration of unemployment or income loss form. i. This form would include a self-declaration of income prior to March 1st, 2020 in addition to their current income. Also included would be an acknowledgement that the City of Pearland has the authority to ask for any additional or clarifying information from the "applicant" for any information given or provided. If the applicant becomes aware of any information or any changes that are materially different, alter or changes the information than what was presented or provided, the applicant shall have a duty to immediately report such facts to the City in.writing within five (5)business days. 8. Utility Assistance Requirements: a. All general eligibility requirements must be met. b. Utility bill must match the name of the tenant and the address on the lease or mortgage statement. c. Utility bill must be current and not paid as of the prior month. d. Utility bill payment will be made for current amount due. RFP#0620-42 Page 14 of 23 CONI IDLNum. ItV1PAC T ^ 0.11 Emergency Rent and Utility Subsistence Program Services 3.1.4.Prioritization of Applicants for Assistance Our experience also recommends setting aside 70% of available CARES ACT funds for the rental and utility program be reserved for the most needed population with 80%LMI or less in income. This approach allows for all applicants to be processed and ensures the most needed assistance is available for distribution. 3.1.5.Document Collection and Review Our Case Management team will review all required documentation and information according to program rules and guidelines and reach out to the Applicant for any missing or incomplete items. During our review and verification process we will also verify: ✓ Any necessary adjustments due to Duplication of Benefits (DOB) - Landlord or Utility Vendor eligibility by verifying, - Agree to accept rent payment directly from the City, and charge no penalties or fees; and - Agree to refrain from initiating any eviction process for the month(s)the tenant has applied for assistance or to rescind any such process that is underway. ✓ Our Team will verify payment information(registration)of the vendor or require a W- 9 be provided for payment. 3.1.6.Quality Control Our Quality Control team will review all files submitted by Case managers, complete a review of all requirements, and record the results in a QC checklist which will be included in the Applicant file. Any QC fail items will be returned to the Case manager for correction or completion. 3.1.7.Submission of Application for Payment Once an Application has passed our QC review,we will have an Invoice or Transmittal member prepare the payment file for City review and payment. The payment files will consist of an agreed upon invoice form, the QC checklist and any supporting documents requested by the City. All Applicant documents will be stored in our database in case additional information is needed. 3.1.8.Repeating the Process for additional months as needed MPACT recommends a simple re-certification process to include an Applicant questionnaire which will identify any changes to qualifying circumstances from the previous qualifying month. These changes will be verified and submitted, as appropriate, for payment. RFP#0620-42 Page 15 of 23 CONE 11)I�:NTIA1. MPACT ^ Emergency Rent and Utility Subsistence Program Services 4. EQUIPMENT AND TECHNICAL RESOURCE CARES Grant Management is our Technology solution to support the City of Pearland's overall goal of processing applications and approvals of rental assistance for Pearland rental property dwellers in need of assistance due to COVID-19 (Coronavirus) and its impact on the local economy. The features of our proposed Grant Management Solution that we believe could be beneficial to the City of Pearland include: ✓ Document Management: configured to work with a SharePoint a content management solution. SharePoint libraries are associated with each application and work processes. Documents are searchable from within SharePoint and can be directly uploaded. ✓ Communication: an easy-to-configure workflow engine to send e-mails, texts and notifications so that the user does not lose valuable time looking for an update and can focus on what requires their urgent attention. ✓ Reports and dashboards for tracking grants and projects: Dashboards, web resources, customizable documents and spreadsheets ensure that Case Managers have the tools they always need to stay on top of their applications and cases. The Program Overview dashboard is a simple overview of expenses incurred,payment/disbursement stages across all programs managed. ✓ Audit log for all actions: Every single action taken on an application is captured in our Audit History record. Audit History shows the original value, new value, date changed and user responsible for the change. ✓ Information protection and compliance: Understanding the risks associated with the misuse of Federal funds, the MPACT Team incorporates compliance-controls at each stage of the recovery process. The team is well acquainted with the grant management lifecycle and has system controls built to ensure all steps are brought to a logical conclusion in accordance with the Stafford Act and federal regulations. The application uses the Dynamics 365 built-in security features including: - Record-level security - Field-level security - Role-based security Manager/subordinate hierarchical Security is reusable for Portal, Mobile and browser access. This level of control allows program managers to assign each user to view, edit or create records based on their job responsibilities. Our solution is fueled by Microsoft's cloud security. Grant programs tend to contain access to confidential customer information,thus, safeguarding the privacy of this data and minimizing the risk of unauthorized access is one of the highest priorities for our team. RFP#0620-42 Page 16 of 23 (ONF11)1:N1 IA1. MPAC'T "^ Emergency Rent and Utility 1.11•,4.1 ; 11\r Subsistence Program Services 4.1. Intake and Processing of Rental Assistance Applications Our solution allows complete control over how the city wants to engage prospective applicants. To achieve maximum outreach,we provide three options to initiate the intake process: Email invitation—The City may have a marketing list based on previous programs or registration to other City-hosted sites. We can send an invitation to apply and register on the portal. Front:Manager,GrantCare<grantcare_mgr@pearland.gov Sent:Saturday,June 27,2020 6:00 AM To:•=Rental Property Dweller> Subject:Welcome to the Pear landCARES Portal-Action Required Dear<Rental Property Dweller>, The City of Pearland has received$x minion in funding from the federal CARES Act for the COVID-19 Rental,Mortgage&Utilities Assistance Program,which will help eligible citizens pay their rent beginning June 2020 through November 2020.Residents may apply for rental assistance,utility assistance,or both.Our records show that you are currently renting and may qualify for this program. Please follow the link below to register with the PearlandCARES Portal. Register for Cares Act in Pe artand Portal d '•r: a MO t. Thank you, MUM .0.16 PearlandCARES Administrator •+ - To access Ws portal you must enter an uweston cote hen ark the Reestet tuttoo below T i -;:.1-: 4_t ?ou R you click Mk irks prordrrd in your email imitation anwsvi.er k ti..mreera t:,snow.sagest'maraca ...nerd von",Imo A mh fm....o am :aucran�ywanW� :.r M•anr.. Quid(Reference Guides end FAQs t*MY., o:.«r m a.rn inlr vq.rt. am.asas Pearlpnd a ES Portal User Guide Qin t► a o 0 Pearland(ARE5 YYe e - rarem Moot... ratan rNm.t yrr.:, olio tot guy Open Application—Provide a link to our portal application where data is collected and recorded in our system. a . xom:: ., k"L HOME a 1.11 jEi,EaA�u1 .0' Apply lice Emergency Assistance Now ti Emergency Assistance Portal Emergency Assistance Application Appircant RFP#0620-42 Page 17 of 23 CONFlDl:NTI VI. it (Phh 'At M PA C T Emergency Rent and Utility SIR Al tct,It LIthsIli 11Mc, Subsistence Program Services • Self-Registration-Applicants can create an account on our portal where they can set up a profile and provide additional information. During sign-up, they are immediately registered and authenticated with the portal.A new contact record is created in the system and where we can begin collecting information and record all communication. 4.2. Review and Validation of Applicant Information for Qualification and Participation in the Program Our review and validation process workflow start immediately after the application is submitted by the Applicant. Applications are placed in queue where a reviewer will validate that the applicant meets program requirements in a workflow driven process. 0 CO 0 O 0 M'w Submitted Level 1 Rowew Level 2 Rwlew Complete Business snmdted On Assiyr•ec 0-1 .1 Level:Revewed Cate l Denison Cute Perrier:s..cr•nntrd On Process Data Collected siLriretrd 0y Assignee t 3 j Leml1 Reamed ey Decrn Er Fat-ner[cmpleted On Aim OE9°"3" Atth siring terms aril A licatrons we submitted level 1 Renewer � ng ppby p(As que•Je Level 2 Renewer pxks queue Approved payment Requests cordrtrons,applicant receives the applcant none the items based cc ass',red Items based en assigned records we transmitted a portal Invrtaticn to access eearlandCARES Portal.Dec. Service Delivery Regionisl. Reilarls)and reviews through data"iteration with the System Once they have Sutrnstted,p elect Payment Atter a goes*ttem is selected, Inlorrnaton provided by the the City'S financial tysten lagged Into the portal,they records are placed at the Level the review process beams. level I reviewer Wong will Files are poked up and will he able to create I Rev1e w queue. payment Details and processed and payment is epplirAt ors and proede level I Reneww reviews supporting documentation. issued.An abound data tide is reruired docunrental on. deters and docunrentaton Alter tire.,review is complete. rece•.et and payment records and returns the application or they may Resect or Approve are updated. sends It for Iwo!J Review the payment roq.roct. PA-0000002 s.n,m i . appecarn Over raaeskorrs rrannal Ceta.s .embe•r vc.-r.fee Crmcanr thud.d Ma uclr,a:.vsra-c, c.cpcnn7 CcNmeryne.• aerated NI: rni .. .. . sw.... _r,.,., 2... rt4....er Lame Mt..:'..r. ni4 seem Dr On.r:. /amid ta.u' Immo Comp RFP#0620-42 Page 18 of 23 CONFIDENTIAL M PACT ' Emergency Rent and Utility '` "'t I` t""I I I t I N.. Subsistence Program Services 4.3. Validation of Landlord Information and Documentation for Applicants' Qualification and Participation in the Program After applicant validation is completed system workflows automatically move the application to the next queue for review of landlord information and documentation. Checklist and document controls are leveraged throughout the process. System alerts inform users of the specific actions required to advance the application to the next step in the process. 8 Yp..fa,it 2 eeebcabar.Select to....ea. Appicatr..2.R-e,s 0 1.drab 2.ffgi d lly OS D) Required documents are uploaded using the portal or directly in the system. :.F,.t:ant Cuaitgng O.aaao.e Pinaror Cetafs Members Mortgage Cuparrj'.aedord Nat. Uttk,Ass,nano Suppetori Doottne lalfen pelted 4 ....-.... • N. t1<.R.v44n.11q)nf ad-.p:,.r.r P...L., ttaDatt a,.atl4 deaaaa.. ..ma_h..tt......at.a.a'e..e.Pass a teauan ad • Lf.-. r. n.t a..:,t ■ S..a,,..c. Ilene,•.a..a,.r,at.r s tat at. -1,1 ... t„mo nFntre,r 7n he Om ... ... 1.Ami.r't IMaee.ten 10 ,,A .._ 1 P.-, a.a 10 as '-- 4 HIt,Yt..aell e:!.'cl.0.4 to -. a:. I H,..dxblona.nc.amCha._fn,bcs 70 4.4. Approval of Applicants' Qualification and Participation in the Program Upon validation of applicant and landlord data, the business process ribbon displays an approval button which is controlled by user security roles and business rules. The `Approval'button does not display until all requirements are met. 0 Refresh - Queue Item Detail R. Assign a' Submit Stage ✓ Approve Stage 0 Program Documents tOrgana 497 West Gray Street.h .:FFhcanr Prc1ert. RFP#0620-42 Page 19 of 23 ( ()AI MI IN"I PACT Emergency Rent and Utility '` "'` It 'I 111""' Subsistence Program Services 5. ON-SITE REQUIREMENTS Our on-site assumptions with respect to equipment and resources made available by the City include: 1. Access to a City site to perform call center activities. 2. Phones to perform call center and outreach activities. RFP#0620-42 Page 20 of 23 CONI=IDEN"II;X1.. Itr Alk M PAC T Emergency Rent and Utility s,"' '` I% "'s'' '"` Subsistence Program Services 6. FEE PROPOSAL The following table provides details on the assumed labor and expenses for the software system. Assumptions on number of applicants and total scope will be agreed during contract negotiations. The fees and rates below assume a six (6)month period of performance. If the period of performance is less, then the fee adjustments would be considered based upon the actual timeline, or availability of funds. Comment Bill Rate Total Hours Price Project Manager hours $150.00 240 S36,000.00 Team Lead hours $110.00 960 $105,600.00 Case Manager hours $75.00 960 $72,000.00 Case Manager hours $75.00 960 $72,000.00 Case Manager hours $75.00 320 $24,000.00 Case Manager hours $75.00 320 $24,000.00 Website and Document Build out and Management Development* customization $84,000.00 $84,000.00 Website and Document Mana•ement Licensin•* Licensin• -6 months 36,800.00 $36,800.00 Lump Sum $454,400.00 *Our solution is built on the Microsoft Dynamics platform and will require the following licenses: - Microsoft D365-20 licenses - Adobe license(for e-signatures)-1 - Stralto DMX(Document Management system for D365)- 1 6.1. Supplier Notes If our Website and Document Management solution can be hosted by the City,we anticipate an estimated $12,000.00 in cost savings. MPACT's price assumes: ✓ Program will be for a period of up to 6 months,beginning no later than August 1, 2020. 1 800-1,200 applicants needing assistance per month. ✓ Office space and call center phones are provided by the City of Pearland. RFP#0620-42 Page 21 of 23 CONFIDENTIAL tr 01 IN/I PA C T Emergency Rent and Utility s.k.,litdc < F Subsistence Program Services 7. DEBARTMENT,SUSPENSION, BACKGROUND CHECKS MPACT Strategic Consulting LLC has not been debarred, suspended or excluded from doing business with the federal government, the State of Texas or any other state or local government entity within the United States. All MPACT employees have background checks performed before commencing any work activities on behalf of MPACT. Routine background checks include criminal checks. MPACT confirms that all employees assigned to work on the City of Pearland property will meet all requested background requirements including within the State of Texas. RFP#0620-42 Page 22 of 23 CON HD}NTIAL sti Nih PA(` T Emergency Rent and Utility f 0— I g Y �` ` Subsistence Program Services 8. REQUIRED FORMS The following forms are attached herein. 1. Insurance Requirements 2. Local Bidder Preference Claim Form 3. Non-collusion Statement 4. Conflict of Interest Questionnaire 5. Contractor Questionnaire 6. House Bill 89 Form 7. Vendor References • RFP#0620-42 Page 23 of 23 CONFIDENTIAL , City of Pearland Purchasing Department artment 281.652.1767 or1,, • 3519 Liberty Drive 281.652.1790 `s►, ie.. Pearland,TX 77581 Fax 281.652.1738 Contractor Insurance Requirements & Agreement Requirements Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s)evidencing the coverages and coverage provisions identified herein. Contractor's insurance will be primary payer. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Statutory Limits City is to be listed as additional Employers' Liability $100,000 per occurrence insured with wavier of subrogation and 30 day notice of cancellation or material change in 2. Commercial General (Public) Personal Injury-$1,000,000 per coverage. Liability to include coverage for. person; Property Damage-, . a) Premises/Operations $1,000,000 per occurrence ; b) Products/Completed General Aggregate-S1,000,000 Operations c) Independent Contractors d) Personal Injury e) Contractual Liability 3. Business Auto Liability to include Combined Single Limit- coverage for: $1,000,000 a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be emailed to: Purchasing Department at ebids(a?pearlandtx.aov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids a(?pearlandtx-qov. This form must be signed and returned with your bid/quotation.You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insuranc .coverage-e ny and all subcontractors performing work on the project. Project/Bid# Emergency Rent and Utility Subsistence Program Services for City of Pea a d, RFP#0620-42 Company: MPACT Strategic Consilting LLC r Signature and Printed Name: Spurgeon Robinson, President _3$ 7(cl r' ,p — mot ♦� rf 44, "i TEX AS EST, sqa CITY OF PEARLAND LOCAL BIDDER PREFERENCE CLAIM FORM Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to consider a vendor's location in the determination of a bid award if the lowest bid received is from a business outside the municipality and contracting with a local bidder would provide the best combination of price and other economic benefits to the municipality. The City of Pearland has determined that the allowable preference shall be applied to local vendor's bids for the purposes of evaluation when requested in writing by local bidder and when determined to be in the best interest of the City to do so. This request form and any supporting documentation must be submitted with bid in order to be considered by the City of Pearland. Questions should be addressed to the Purchasing Department at 281-652-1790. Exclusions to the local preference include expenditures of$3,000 or less, and those purchases which are: sole-source, emergency, federally-funded, cooperative contracts, or via interlocal agreement. The local preference status will expire one year from the date of this form; for any subsequent requests for preference during this period, the applicant need only complete and submit section 3 of this form. The City Council requires the following information for consideration of a local bidder preference (information may be submitted in an attachment to this form): 1. Locational Eligibility: Principal place of business in Pearland, Texas? Principal place of business is defined herein as any business which owns or leases a commercial building within the City limits and uses the building for actual business operations. a. If yes, identify name of business/DBA, address, and business structure: sole proprietorship, partnership,corporation,or other. b. Name and city of residence of owner(s)/partners/corporate officers;as applicable. 2. General Business Information: a. Year business established(Pearland location). b. Most recent year property valuation(if owned);real and personal property. c. Annual taxable sales(originating in Pearland). d. Is business current on all property and sales taxes at the time of this application? e. Total number of current employees and number of Pearland-resident employees. 3. Economic Development benefits resulting from award of this contract: a. Number of additional jobs created or retained for Pearland resident-employees? b. Amount of additional City of Pearland ad valorem and/or sales taxes anticipated? Please explain how the amount has been determined. c. Local subcontractors utilized, if applicable:name, location and contract value for each. d. Other economic development benefit deemed pertinent by applicant. INK Local Bidder Preference Claim Form, page 2 Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. City Bid No./Quote for which the local preference is requested:RFP#0620-42 S urgtzi Robi , Preside MPACT Strategic Consulting 6/30/20 (Nam f Bidd ) (Date) 0.6 ?o,Z0Z0 (Print / THE STATE OF TEXAS § �-tci rrt r § COUNTY OF § Appeared before me the above-named SU<qeo \ l h`)`;known to me to be the same,and swore that the information provided in response to the foregoing questions are true and correct to the best of his/her knowledge and belief,this 101" day of -`v�"- ,2074 NOTARY PUBLIC,STATEOF TEXAS "a AN ARON Printed Name: 011 I CA-t-• ' i-.ak Notary 10#131722091 ( �,17V: My Commission Expires Commission Expires: 1/ / 2/ Zo?Z ''"CF.E- September 13, 2022 AO‘ t4be 0111110 fSr 1Bq? NON-COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid." MPACT Strategic Consulting LLC Vendor 4635 Southwest Freeway, Suite 700, Houston, TX 77027 Address (281)672-0321 Phone Number Fax Number -. • srobi son@mpact-conslting m Email Address ff // Bidder (Signature) ` \ ' ideAiiiialii ? v Position with Co /// 111 Signature of Company Official Authorizing This Bides( \I pu n Robinson Company Official (Printed Name) President Official Position CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by KB. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being bled in accordance with Chapter 176. Local Government Code. by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be tiled with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1). Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. City of Pearland, Julie Blackmore Name of Officer I] Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes x No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes X No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Check b if the vendor has given the local government officer or a family member of the officer one or more gifts escribri..in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J � 7(I/2A/Z-A Signature o dor oing b iness with the governmental entity J Dare Form providedb �Fsahics Cc rhmissicrT www.ethics.state.ix.us // Revised 1 tr30+2015 dll AM. Ay43% rf 4A�"�,.,. h II i t T. isR# Contractor Questionnaire Yes No ❑✓ 1. Has the City of Pearland or other governmental entity incurred costs as a result of contested change order(s)from the undersigned company? 2. Has the City of Pearland or other governmental entity been involved in litigation relative to contract performance with the undersigned company? I ' 1 3. Has the undersigned company failed to meet bid specifications or time limits on other contracts? 4. Has the undersigned company abandoned a contract or refused to perform without legal cause after submitting a bid? Lid5. Has the undersigned company had bidding errors or omissions in two or more bid submissions within a thirty six(36) month period? n6. Has the undersigned company failed to perform or performed unsatisfactory on two or more contracts within a thirty n six(36)month period? uI I 7. Does the undersigned company have adequate equipment,personnel and expertise to complete the proposed contract? ElLI 8. Does the undersigned company have a record of safety violations in two or more contracts within a thirty six(36) month period? U t_J 4. Does the undersigned have a criminal offense as an incident to,obtaining or attempting to obtain a public or private f , contractor subcontract,or in the performance of such a contract or subcontract within a ten(10)year period? I�1 u 10. Has the undersigned company been convicted of a criminal offense within a ten(10)year period of embezzlement, theft,bribery,falsification or destruction of records,receiving stolen property or any other offense indicating a lack of business integrity or business honesty which might affect responsibility as a municipal contractor? 11 11. Has the undersigned company been convicted of state or federal antitrust statutes within a ten(10)year period arising out of submission of bids or proposals? u C 12. Has the undersigned company been disbarred or had a similar proceeding by another governmental entity? If you answered"yes"to Items 1-6 or 8-12 or answered"no"to Item 7,please attach a full explanation to this questionnaire. Company Name: MPACT Strategic Consulting LLC Address: 4635 Southwest Freeway, Suite 700, Houston, TX 77027 Sturgeon }Robins n President Name: Title: Please nt) n` (Please Print) :%Signs u e: Date: f ,.g• 200.6 i' J House Bill 89 Verification Spurgeon Robinson (Person name), the undersigned representative (hereafter referred to as "Representative") of MPACT Strategic Consulting LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically wit2sra"el, or-with a person or entity doing business in Israel or in an Israeli-controlled territory, but doel not include an action made for ordinary business purposes. SI U E OF EPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of tz� 20 I „Ay ta,P MILAN ARON Notary Public i�``^ Notary ID#1 3 1 72 2091 iI My Commission Expires ''CCFS September 13, 2022 5 apt 40 rEgy� V d II k AS fsj REFERENCES Bidder must furnish, with this bid, a list of three (3) references from customers with a similar or larger operation as the City of Pearland. This document, or a similar version issued by your company, must be uploaded with your bid response. Company Name: FORT BEND COUNTY Contact: Robert "Ed" Sturdivant Phone Number: (281 ) 341 -3760 Email Address: Ed.Sturdivant@fortbendcountytx.gov Company Name: CITY OF HOUSTON Contact: Gloria E. Moreno Phone Number: 832.393.9005 Email Address: Gloria.Moreno@houstontx.gov PORT ARTHUR INDEPENDENT SCHOOL DISTRICT Company Name: Contact: Dr. Mark Porterie Phone Number: (409) 460-0717 Email Address: mporterie@paisd.org irm PA , liaN ` a Emergency Rent and Utility ,j k"i``��` `��"i i " Subsistence Program Services 1. REFERENCES FORT' BEND COUNTY COVID-19 GRANT MANAGEMENT APRIL2020—PRESENT FORT BEND COUNTY Contact Information Robert"Ed"Sturdivant Fort Bend County 301 Jackson Street,Suite 701 Richmond,TX 77469 (281)341-3760 Ed.S turdivantna,fortbendcountytx.gov Project Description • MPACT is currently assisting Fort Bend County with its financial management and documentation for the COVID-19 response and recovery. • The team is providing Grant Administration, Financial Management and Oversight for Emergency Response Services in response to the global contagious respiratory virus. • The project team leads the coordination and documentation for FEMA's Public Assistance Program,and other grants funded through the CARE Act.MPACT will specifically reconcile and submit required documentations for FEMA reimbursement of Force Account Labor, Equipment and Material. • In addition,MPACT will assist the County in managing funds, allocated for the COVID-19 recovery,received from: o Health&Human Services(NHS); o Community Development Block Grant(HUD-CDBG); o Emergency Solution Grants(ESG),Emergency Supplemental Funding(ESF); o Bureau of Justice Assistance(BJA);and o Other programs under the CARES Act. • MPACT will also manage and oversee the Records and Document management needs of the County to ensure proper files and records are maintained and audit ready. RFP#0620-42 Page 1 of 2 CON1 II)/NTIAL iir IN/Il PAC T r'' Emergency Rent and Utility `k"l`'I( "`N"'iI lino Subsistence Program Services HURRICANE HARVEY RECOVERY,PUBLIC ASSISTANCE JULY 2017-PRESENT CITY OF HOUSTON Contact Information Gloria E.Moreno Assistant Director,Finance Department—Financial Reporting And Operations City of Houston 611 Walker Street Houston,Texas 77002 T: 832.393.9005 E: Gloria.Moreno@,houstontx.gov Project Description Assisted the City of Houston with: o Documentation o Strategy o Financial Administration Identification of Eligible FEMA-PA Program Reimbursement Costs/Categories Coordinated between FEMA(Federal)and TDEM(State) Provided technical training and coordination related to FEMA Public Assistance (PA) Worksheets. o Reviewed data sets collected from stakeholders. o Identified additional information needed to prepare PA Worksheets. Determined a course of action to request reimbursement for post-disaster activities conducted by the City of Houston DISASTER GRANT MANAGEMENT&ADMINISTRATIVE SERVICES SEPT 2017—OCT 2018 PORT ARTHUR INDEPENDENT SCHOOL DISTRICT Contact Information Dr.Mark Porterie Superintendent 4801 9th Avenue Port Arthur,TX 77642 (409)460-0717 • mporterie(aipaisd.org Project Description • MPACT worked directly with FEMA and TDEM counterparts and compiled data to develop the damage inventory to meet the 60 days'deadline. • MPACT's role involved providing Public Assistance and 406 Mitigation guidance to district staff,request/review all required documentation for CAT B-G and CAT Z(DAC Pilot)project worksheets to insure all elements are met including force account labor, equipment and material as required by FEMA. • MPACT also participated in site inspections,developed Damage Descriptions and Scope of Work for all project worksheets,monitored projects using the Grants Portal and respond to FEMA's EEI requests on behalf of the district. • The estimated reimbursement to the Port Arthur Independent School District was $1.5 Million. RFP#0620-42 Page 2 of 2 CONFIDENTIAL Bid#0620-42 Emergency Rent&Utility Subsistence Program Services Form Recap 'Pearland Neighborhood Center MPACT Strategic Consulting LLC (Pearland Neighborhood Center, Redulla-Perez Investigative Resources LLC Bid Amount • $454,400.00 $228,560.00 $958,603.89 Proposed Costs 45 pts 22.47 41.25 10.55 Qualifications/Experience/ Methodology 30 pts 25.75 21.25 11.00 Schedule&Demonstration to Meet 10 pts 10.00 7.25 5.75 Experience List/References 5 pts 5.00 4.50 3.25 Compliance to Proposal Requirements 5 pts 5.00 4.63 4.00 Current Workload& Availability to start 5 pts 4.00 4.63 4.25 Total Points 72.22 83.50 38.80 Very professional proposal.Specified they Very experienced in this service, Mostly investigative experience,no listed would need workspace and phones at a although I am a little uncertain about experience directly related to this service or COP facility,which is not feasible(docked the lack of software.Given the grant administration.While some resources Notes: availability to start for this).Website build number of applicants expected,their could be scaled back given the overestimation out seems cost prohibitive given the current system is likely feasible. of applications,it still would likely be cost amount of funding we expect available for Great outline of what the process prohibitive based off of the cost breakdown. this initiative. would look like. Proposal did not include a detailed description of intended process. Deducted 5 pts for lack of a web- based platform(currently completed Deducted 2 pts for the need to use manually)in place to handle high Deducted 20 pts for qualifications related to company equipment to deliver services; volume intake and capacity to this RFP;Deducted 2 pts for lack of relevant Deducted 1 pt for current workload with complete the work with only three(3) and/or current experience as noted on the three area county/city entities. staff members who also need to Experience List process non-Covid clients;Deducted 1 pt for not providing an Experience List. Concerned there will be inadequate The proposal does not show experience manpower to meet proposed goals. managing grants. Concerned that the proposal request The proposal did not explain the The proposal did not explain how privacy office space and supplies. timeframe or possible features for a would be maintained. web-based application. The proposal did not clearly explain how the goals would be achieved. Positive leverage and additional Proposed costs include items that resourcefulness,dear proposal,solid are germane to the facillity,provide references and applicable work history, unsolicited services,and there are This vendor has vastly exaggerated the familiarity with regulations and erroneous responses to ancillary volume of impact associated with the disaster requirements,and other good points certifications and assurances(conflict and thus created a voluminous level of throughout the written material(proposal). of interest,etc...).The ED has inaccurate proposed fees.Administrative and Good experience in the region with signed conflict of interest information managerial costs include indirect expenses, disaster recovery,which is the essential erroneously.The offeror does not which largely exceed the capabilities of the element of this scope of work. have a demonstrated web-based available funding to cover,which makes them Demonstrated understanding of relevant system to deliver online capability lack cost-reasonableness per federal income limits(HUD)PLUS an existing preferences.The proposed bid requirements(2 CFR 200).The proposed web-based portal for handling the contains a total of$79,860(34%)in schedule is inaccurate and incomplete.No program.Cost is still high but possibly facility improvements and other costs . commensurate with this level of service. that fail to speak to the professional assindis cations of experience delivering rental This firm obviously has the capacity, services components the solicitation assistance programs or similar subsistance experience and validated success rate in is designed to produce.That programs. delivering these types of programs,and percentage of scoring maximum has others like it. been reduced. Bid#0620-42 Emergency Rent&Utility Subsistence Program Services-Interview Scores Recap Pearland Neighborhood Center(Pearland MPACT Strategic Consulting LLC Neighborhood Center,Inc) Quality of Communication 15 pts 15.00 9.50 Support and Service 10 pts 9.75 7.75 Capacity and Capabilities for this project 10 pts 9.25 5.75 Familiarity with regs 15 pts 15.00 10.00 Total Points 49.00 33.00 Notes: There is concern about Pearland Neighborhood The plan lacks accommodations for residents Center's ability to handle online applications and without Internet access. that there is inadequate manpower to handle the The plan is unclear on the ability to ensure workload. benefits are not duplicated. The plan is unclear on the ability to ensure benefits are not duplicated. Presentation was good but lacked depth of Great presentation. Answered most processes(had to ask to explain process). Lacked questions clearly and with substance. Liked in• depth flow of processes. Overall experience visual on flow of process. Not confident that PNC with similar initiatives. Not a clear has the capacity to stand up technology and staffing understanding of DOB validation process. in an expedient manner. Not a clear understanding Ability to stand up platform and services of DOB validation process.Great at maintaining and building relationships within the community and immediately. other agencies. Tech platform is highly compatible with the City's IT infrastructure-365,Power Bi.The Good community resource as a historical service City will need to be able to access these provider,but may lack the modern-day records and retention for future reference, sophistication to carry out the variety of compliance and in an electronic format.Duplication of and operational characteristics needed.Did not hear Benefits is critical,and this entity has a or see the demonstration of materials and resources process...CRITICALI I I W-9 realities where mentioned in regard to how they intend to do utility assistance is concerned is a big plus in business.The presentation didn't include website their capacity.Fairness and equitable snapshots,pages,or visible references to the types distribution of funds is critical and discussion of management tools they discussed. was appropriate. Difficulties with presentation that likely could have been avoided with proper communication/preparation prior to meeting/did not clearly answer a question or two(docked 7 points from Quality of Communicaton);Use of Scannable app to submit documents,but no Team with software firm GrantCare to software to manage applications.Possibility of transferring web based application used currently streamline application process;Very for volunteers to be used for application submittal. professional powerpoint,many checks and DOB checks-no other agencies supposidely helping balances to prevent DOB;able to integrate City of Pearland residents.Manual check mentioned, application into COP website;per Project but did not sound like a stable process to prevent Manager,the cost are very cost scalable.Very DOB.Excel used to manage client info.(docked 5 confident in their capabilities to manage this points from Capacity and Capabilities)First come project. first serve methodology for applicants.Items not eligible for funding,specifically PPE,sanitizers,food, building enhancements but could do business without these items.Some discrepencies with experience referenced.(Docked 5 points from familiarity with regs)Confident in their abilities to manage a wide range of applicants. CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY")and MPACT Strategic Consulting, LLC("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as administration services for an Emergency Rent and Utility Subsistence Program ("PROJECT"). (Project#_COVID19DR.RUA_) SECTION I-SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide administration services for an Emergency Rent and Utility Subsistence Program to qualifying economically impacted citizens by the Covid-19/Coronavirus Pandemic. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. See Exhibit A,attached. C. The CONSULTANT acknowledges that the CITY (through its employee • handbook)considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving • payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not,directly or indirectly;encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes,reports,estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request,shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons,damages to property, or any errors Design 1 of21 .Revised 04/2019 Adak ,,1111k and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement,as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of$1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation.The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only • • after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT,CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees,harmless from any claim, loss,damage,suit,and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT,his officers,employees,agents,or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. MPACT Professional Services 2 of 21 Revised 08/2020 AN. SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end December 30,2020. SECTION III-CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Team Lead $110.00 hourly rate; hours not to exceed 720 hours 2. Case Manager 1 $70.00 hourly rate; hours not to exceed 720 hours 3. Case Manager 2$70.00 hourly rate; hours not to exceed 720 hours 4. Website and Document Management Development$84,000 5. Total Not to Exceed Amount: $264.000.00 C. The CITY shall make payments to the CONSULTANT within thirty(30)days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. • D. CONSULTANT shall invoice for work performed during the preceding thirty day period ("Billing Period"). The Billing Period shall run from the 26`1'day to the 25`1' day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices excessively in arrears. All invoices shall reflect most recent single 30-day Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and "Reimbursable"the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties prior to performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. F. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent MPACT Professional Services 3 of2l Revised 08/2020 markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions,copies and/or binding costs • Postage • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • travel expenses for professional expertise traveling into the greater Houston area from Consultant offices located outside of the greater Houston area upon authorization • Lodging and meal expenses, for destinations beyond 100 miles from the Consultant's local office AND when business hours exceed eight hours within one business day OR requires more than one eight-hour day. F.2. Disallowed Expenses Disallowed Expenses include: • Mileage and tolls for travel from Consultant's local office(within a 30-mile radius)to meetings at the City or job-site. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. • The project manager has the authority to administer this CONTRACT and shall • monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review,acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s)or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V-TERMINATION A. The CITY, at its sole discretion,may terminate this CONTRACT for any reason-- with or without cause--by delivering written notice to CONSULTANT personally or by certified mail at 4635 Southwest Freeway, Suite 700, Houston, TX 77027. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. MPACT Professional Services 4 of2l Revised 08/2020 B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes,reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60)days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum,the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this,the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person,other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person,other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon MPACT Professional Services 5 of 21 Revised 08/2020 or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability,and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee,gift, or contingent fee that has been paid. SECTION VIII—FEDERAL UNIFORM REQUIREMENTS Equal Opportunity Per federal regulations in 41 CFR Part 60-1.4(C)(b), during the performance of this contract,the CONSULTANT: (1) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,religion,sex,or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The CONSULTANT will, in all solicitations or advertisements for employees placed by.or on behalf of the.contractor, state that.all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The CONSULTANT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. (6) In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONSULTANT MPACT Professional Services 6 of2l Revised 08/2020 may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The CONSULTANT will include the option of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor 01'vendor.The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided,however,That in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States." Davis-Bacon Act Not Applicable for Non-Construction Copeland "Anti-Kickback"Act (1) CONSULTANT. The CONSULTANT shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. .3 as may be applicable, which are incorporated by reference into this contract. (2)Subcontracts.The CONSULTANT or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal government may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CONSULTANT and subcontractor as provided in 29 C.F.R. § 5.12." Contract Work Hours and Safety Standards Act Applicability:This requirement applies to all federal grant and cooperative agreement programs. Where applicable(see 40 U.S.C. §3701),all contracts awarded by the non-Federal entity in excess of$1 00,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200,Appendix II, § E. MPACT Professional Services 7 of21 Revised 08/2020 Under 40 U.S.C. § 3702, each CONSULTANT must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: (1)Overtime requirements.The CONSULTANT nor subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation 'of the clause set forth in paragraph (1) of this section the CONSULTANT and any • subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONSULTANT and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set faith in paragraph(1)of this section. (3) Withholding for unpaid wages and liquidated damages. The City of Pearland upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONSULTANT or subcontractor under any such contract or any other Federal contract with the same prime CONSULTANT, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONSULTANT, such sums as may be determined to be necessary to satisfy any liabilities of such CONSULTANT or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)of this section. (4)Subcontracts.The CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(1)through (4)of this section and also a clause requiring the MPACT Professional Services 8 of21 Revised 08/2020 AO I\ Ink subcontractors to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through (4) of this section." Rights to Inventions Made Under a Contract or Agreement. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households - Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of"funding agreement." If a FEMA award meets the definition of"finding agreement"under 37 C.F.R. § 401.2(a)and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of patties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non-Federal entity must comply with the requirements of 37 C.F. R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II, § F. The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract, grant,or cooperative agreement entered into between any Federal agency,other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government.This term also includes any assignment,substitution of pm ties,or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. Debarment and Suspension. Applicability:This requirement applies to all federal grant and cooperative agreement programs. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R.Part 3000 (Non-procurement Debarment and Suspension). These regulations restrict awards, subawards,and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, § I; and Chapter N, § 6.d and Appendix C, § 2. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of patties debarred, suspended, or otherwise excluded by agencies, as well as patties declared ineligible under statutory or regulatory authority other than Executive Order 12549.SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV, § 6.d and Appendix C, § 2. MPACT Professional Services 9 of 21 Revised 08/2020 In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes patties that receive Federal funding indirectly,such as contractors to recipients and subrecipients.The key to the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. Specifically, a covered transaction includes the following contracts for goods or services: (I)The contract is awarded by a recipient or subrecipient in the amount of at least$25,000. (2) The contract requires the approval of the awarding federal agency, regardless of amount. (3)The contract is for federally-required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either federal approval, or is in excess of$25,000. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) 01'disqualified (defined at 2 C.F.R. § 180.935). The CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt.3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered • transaction it enters into. This certification is a material representation of fact relied upon by(insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Texas Division of Emergency Management (TDEM) and/or the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt. 3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." Byrd Anti-Lobbying Amendment. Applicability:This requirement applies to all federal grant and cooperative agreement programs. Contractors that apply or bid for an award of$100,000 or more must file the required certification. See 2 C.F.R. Part 200,Appendix II, §J;44 C.F.R. Part 18; Chapter N, 6.c; Appendix C, § 4. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a MPACT Professional Services 10 of21 Revised 08/2020 dew am. member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See Chapter IV, §6.c and Appendix C, § 4. Per the Byrd Anti-Lobbying Amendment. 31 U.S.C. § 1352 (as amended), should the CONSULTANT bid for an award of$100,000 or more,the CONSULTANT shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Certification Regarding Lobbying The undersigned CONSULTANT certifies,to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The CONSULTANT, AM TRACE LLC, certifies or affirms the truthfulness &accuracy of each statement of its certification&disclosure, if any. In addition,the Contractor understands&agrees that the provisions of 31 U.S.C. § 3801 et seq.,apply to this certification and disclosure, if any. MPACT Professional Services II of2I Revised 08/2020 Signatur C NS NT's Authorized Official 0 f d J nd Ti e of CONSULTANT's Authorized Official G Za Date Procurement of Recovered Materials. Applicability:This requirement applies to all federal grant and cooperative agreement programs. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L.No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, § K;2 C.F.R. §200.322;Chapter V, § 7. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of II competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2)Meeting contract performance requirements; or (3)At a reasonable price. Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, htlp://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/prodticls.htm ... Additional Federal Requirements. The Uniform Rules authorize the federal government to require additional provisions for non- Federal entity contracts. Pursuant to this authority,the following are required: Changes. To be eligible for federal assistance under the non-Federal entity's grant or cooperative agreement,the cost of the change,modification,change order,or constructive change must MPACT Professional Services 12 of 21 Revised 08/2020 do . p be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. It is recommended, therefore, that a non- Federal entity include a changes clause in its contract that describes how, if at all,changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. Access to Records. The following access to records requirements apply to this contract: (1) The contractor agrees to the City of Pearland, Texas Division of Emergency Management (TDEM), the FEMA Administrator, the Comptroller General of the United States, and the Secretary of the U.S. Treasury, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits,examinations, excerpts, and transcriptions. (2)The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3)The CONSULTANT agrees to provide the federal government or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." • • • Seals. Logos, and Flags. The CONSULTANT shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of any federal,State or local agency without specific pre-approval from any such agency; particularly, as it relates to DHS Standard Terms and Conditions, v 3.0, § XXV (2013). Compliance with Federal Law, Regulations,and Executive Orders. This is an acknowledgement that federal financial assistance will be used to fund the contract only.The CONSULTANT will comply will all applicable federal law,regulations, executive orders, federal policies, procedures,and directives. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other patty pertaining to any matter resulting from the contract. MPACT Professional Services 13 of 2l Revised 08/2020 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C.Chap.38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. SECTION IX — COMPLIANCE WITH HUD REGULATIONS — COMMUNITY DEVELOPMENT BLOCK GRANT General Conditions WI-IEREAS, the CITY has applied for and received funds from the United States Government under Title 1 of the Housing and Community Development Act of 1974, Public Law 97-383 Unit of Government Code number 484080, application numbers B-19-MC-48-0400 and amended the original Action Plan in response to the impact of COVID-19 Coronavirus pandemic, and has the intent to apply for and receive other similar funds (B-20-MC-48-0400 and CDBG-CV), the CONSULTANT shall: 1. Utilize such funds to benefit and comply with federal, State and local requirements to document compliance with HUD low- to moderate income qualifications for individuals and families; 2. Meet the specified low-moderate income criteria for HUD National Objectives set out in 24 CFR 570.208 (a), in addition to the federal Uniform Administrative Requirements (UAR)as set forth in 2 CFR Part 200;and 3. Perform services pertaining to the Agreement in a manner satisfactory to the CITY and the Grantor. In addition, the CONSULTANT shall assess the beneficiary income levels of qualifying households to receive services based on HUD regulations set forth in 24 CFR 5.609 when annualizing income of the applicable household. Section 3 Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135,and all applicable rules and orders issued thereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CONSULTANT and any of the CONSULTANT's CONSULTANTs and subcontractors.Failure to fulfill these requirements shall subject the CONSULTANT and any of the CONSULTANT's CONSULTANTs and subcontractors,their successors and assigns,to those sanctions specified by the Agreement through which Federal assistance is provided. The CONSULTANT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 1. The CONSULTANT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject MPACT Professional Services 14 of21 Revised 08/2020 to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low-and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located" 2. The CONSULTANT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards),housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. The CONSULTANT further agrees to award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. • 3. The CONSULTANT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Accessibility 1. Section 504 The CONSULTANT agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The CITY shall provide the CONSULTANT with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. 2. Architectural Barriers Act/Americans with Disabilities Act The CONSULTANT shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed,or altered with funds allocated or reallocated under CDBG program after December 11, 1995 and that meets the definition of a "residential structure" as defined in 24 CFR Part 40.2 or the definition of a "building" as defined in 41 CFR Part 101-19.602(a)is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157)and shall comply with the Uniform Federal Accessibility Standards.The Americans with Disabilities Act ("ADA') (42 USC 12131; 47 USC 155, 210, 218, and 255) MPACT Professional Services 15 of21 Revised 08/2020 requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities.The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense. Program Income The CONSULTANT shall report monthly on all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the CONSULTANT shall comply with the requirements set forth at 24 CFR 570.504, 2 CFR 200.80 and 2 CFR 200.307. By way of further limitations,the CONSULTANT may use such income only during the term of this Agreement and only for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the City at the completion of the Agreement. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the CITY. Assignability The CONSULTANT shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY; provided, however, that claims for money due or to become due to the CONSULTANT from the CITY under this contract may be assigned to a bank,trust company, orother financial institution without such approval.Notice of any such assignment or transfer shall be furnished promptly to the CITY.All terms and conditions of this Agreement shall apply to any approved subcontract or assignment related to the Agreement. Non-Discrimination The CONSULTANT agrees to comply with the nondiscrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607,as revised by Executive Order 13279.The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable, which stipulates that no person in the United States shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part pursuant to agreement. Additionally, the CONSULTANT shall not, on the grounds of race, color, sex/gender, sexual orientation,familial status,religion,national origin,creed,ancestry,marital status,age or disability or handicap: 1. Deny a qualified individual any facilities,financial aid,services or other benefits provided under this Agreement; 2. Provide any facilities, financial aid, services or other benefits which are different, or are provided in a different manner, from those provided to others under this Agreement; MPACT Professional Services 16 of 21 Revised 08/2020 3. Subject an individual to segregated or separate treatment in any facility,or in any matter if process related to receipt of any service or benefit under this Agreement; 4. Restrict an individual's access to or enjoyment of any advantage or privilege enjoyed by others in connection with any service or benefit under this Agreement; 5. Treat anyone differently from others in determining if they satisfy any admission, enrollment,eligibility,membership or other requirement or condition which the individual must meet to be provided a service or a benefit under this Agreement. 6. Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this agreement. If assignment and/or subcontracting has been authorized in writing,said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The CONSULTANT shall take such actions as may be required to ensure frill compliance with the provisions, including sanction for noncompliance. SECTION X-STATE OF TEXAS ASSURANCES As the Grantee, the CITY requires that the CONSULTANT certify that CONSULTANT shall: A. comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee,or member of the grantee's governing body or of the grantee's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law,prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. B. insure that all information collected, assembled, or maintained by the grantee relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,unless otherwise expressly prohibited by law. C. comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. D. comply with Section 231.006,Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. MPACT Professional Services 17 of21 Revised 08/2020 Intik Ink E. not contract with or issue a license,certificate, or permit to the owner, operator, or administrator of a facility if the grantee is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. F. comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules if the grantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. G. follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and grantees shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met.(See UGMS Section_.36 for additional guidance on contract provisions). H. comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee shall also ensure that all program personnel are properly trained and aware of this requirement. comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color,or national origin; (b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C. §§1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II,and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation, 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), as amended, relating to nondiscrimination on the basis of drug abuse; MPACT Professional Services 18 of2l Revised 08/2020 (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 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 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 application for Federal assistance is being made;and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. J. comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. K. comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. L. comply with the provisions of the Hatch Political Activity Act(5 U.S.C. §§7321- 29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. M. comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. N. insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). O. comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973,Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available MPACT Professional Services 19 of 2l Revised 08/2020 AM Ilk 411111k as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. P. comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (PL. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988;(e)assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State(Clear Air) Implementation Plans 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 of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973,as amended (P.L. 93-205). Q. comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. R. assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). S. 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 minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially,or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. T. comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. U. comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. V. comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. W. comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. MPACT Professional Services 20 of 21 Revised 08/2020 AO lb, X. adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec. 85.001,et seq. Y. comply with the Drug-Free Workplace Rules established by the Texas Worker's Compensation Commission effective April 17, 1991. Z. certify and assure that its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sam.gov/portal/public/SAM/. SECTION XI—U.S.TREASURY COMPLIANCE-§ 601(d)SOCIAL SECURITY ACT The CONSULTANT shall, to the extent feasible and applicable, cooperatively comply with the terms and conditions of the CARES Act and the State of Texas Coronavirus Relief Fund (CRF)as applicable to the CITY, adhering to any of the required tiered compliance with applicable rules and regulations in the Act that pass through the CITY to the CONSULTANT(attached). SECTION XII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. I1d/- 6/— °LA,0 1\IT FINANCE DIRECTOR DATE CIT -AR ,TEXAS NA E DIRECTOR 1 sT' o2,9 CITY OF'PE AND,TEXAS DA E • CO L A\N DATE MPACT Professional Services 21 of 2I Revised 08/2020 Albs 41.b. Exhibit A REQUEST FOR PROPOSAL BEST AND FINAL OFFER EMERGENCY RENT AND UTILITY SUBSISTENCE PROGRAM SERVICES RFP#0620-42 Prepared for: The City of Pearland,Texas Prepared by: MPACT Strategic Consulting LLC Due Date: August 14,2020 1,4 • ; ���Ii _kit- .. ;4' r — "Ws =y-- - —• — — r *411* Spurgeon Robinson,President Nil PACT MPACT Strategic Consulting LLC ��•t� , 4635 Southwest Freeway, Suite 700 1 IRAIMI Ct S LtiNu Houston,Texas 77027 866.361.7611 Ext.700 srobinson@mpact-consultinQ.com This document contains MPACT's proprietary and confidential information.The information contained in this document is intended for bid evaluation purposes only,and may not be disclosed or communicated in whole or in part to MPACT's competitors or any third parties without the express written permission of MPACT. .7 I1\/'IPACT Emergency Rent and Utility silt ``'" "'"`"i I"' Subsistence Program Services 1. FEE PROPOSAL(BAFO) The following table provides details on the assumed labor and expenses for the software system. Assumptions on number of applicants and total scope will be agreed during contract negotiations.The fees and rates below assume a maximum five(5)month period of performance. . If the period of performance is less,then the fee adjustments would be considered based upon the actual timeline, or availability of funds. Resource Comment Bill Rate Total Hours Price Team Lead hours $ 110.00 720 $ 79,200.00 Case Manager hours $ 70.00 720 $ 50,400.00 Case Manager hours $ 70.00 720 $ 50,400.00 Website and Document Management Development* Build out and Customization $84,000.00 $ 84,000.00 TOTAL $264,000.00 License to be Purchased by the City Units Unit Cost Extended Cost Microsoft Dynamics 365 License Fee(5 months) 20 $45.00 $4,500.00 E-Signature Solution 1 $10,000.00 $10,000.00 Stralto DMX 1 $8,000.00 $8,000.00 License Cost Per Year $22,500.00 *Our solution is built on the Microsoft Dynamics platform and will require the following licenses: - Microsoft D365—20 licenses Adobe license(for e-signatures)—1 Stralto DMX(Document Management system for D365)-1 1.1. Supplier Notes Website and Document Management solution will be hosted by the City. MPACT's price assumes: Program will be for a period of up to 5 months, beginning on or near August 1, 2020 through December 30'2020. Maximum 400 applicants needing assistance per month. Office space and call center phones are provided by the City of Pearland. RFP#0620-42 Page 2 of 2 .( µV