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R2020-160 2020-09-14RESOLUTION NO. R2020-160 A Resolution of the City Council of the City of Pearland, Texas, authorizing a unit cost contract for property buy-out acquisition services, with Jeff Ward & Associates in the estimated amount of $68,000.00, for the period of October 1, 2020 through September 30, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for property buy-out acquisition services, 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 property buy-out acquisition services. PASSED, APPROVED and ADOPTED this the 14th day of September, A.D., 2020. 1--vv7\1 Li„eP TOM REID MAYOR AT AL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Jeffrey S. Ward & Associates ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Buyout Property Acquisition Services (Project #ZZDRHARVEY Hj 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 Buyout Property Acquisition Services for its Hurricane Harvey Hazard Mitigation Grant Program, in response to 2017 flooding of residential properties located within the City's Special Flood Hazard Area. The work will be comprehensive in nature and will support achieving the overall goal of servicing the various real property acquisitions of specific flood -affected homes and/or vacant land in accordance with grant -funding requirements set forth by the Federal Emergency Management Agency (FEMA), via Texas Division of Emergency Management (TDEM) Hazard Mitigation Grant Program (HMGP) and the Texas General Land Office — Community Development Block Grant — Disaster Recovery (CDBG-DR) programs. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. Specifically, the CONSULTANT shall provide Buyout Property Acquisition Services as follows: 1. Review and verification of qualifications and validation of applicant documentation; particularly: a. Cross-referencing capabilities involving property owners' receipt of other federal assistance for disaster recovery, including but not limited to insurance and loans, for the purpose of identifying any existing or past duplication of benefits for federal assistance 2. Coordination of buyout property acquisitions for approximately 19 properties; a. Property appraisals for approximately 19 properties; b. Title work for approximately 19 properties; c. Assist City with obtaining property surveys, when/if needed; d. Real property acquisition closings for approximately 19 properties; Design 1 of 21 D2. Revised 04/2019 e. Advise the City on other related activities related to demolition and clearing for approximately 19 properties; C. The CONSULTANT shall also conduct its business in accordance with the last amended RFP #0620-43 — Buyout Property Acquisition Services and all of the conditions set forth therein, unless otherwise negotiated and agreed upon herein. D. 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. E. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall he AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall he 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. F. 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. G. 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 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) (2) (3) Workers' Compensation as required by law. Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. 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 JSW & Associates Professional Services 2 of 21 D2 Revised 09/2020 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. H. 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. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end September 30, 2021. 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. Basic Services $68,000.00 2. Total: $68,000.00 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 26th day to the 25th 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. JSW & Associates Professional Services 3 of 21 D2 Revised 09/2020 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 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 SECTION IV - THE CITY'S RESPONSIBILITIES 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. J. 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 CONSULTANTS 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 CONSULTANTS 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 PO Box 4356, Leesburg, VA 20177. Immediatelyafter receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. 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 156' day following termination of the CONTRACT. JSW & Associates Professional Services 4 of 2l D2 Revised 09/2020 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 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 fcc 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: JSW & Associates Professional Services 5 of21 D2 Revised 09/2020 (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 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 unposed 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 ISW & Associates Professional Services 6 of 21 D2 Revised 09/2020 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. 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 JSW & Associates Professional Services 7 of 21 D2 Revised 09/2020 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 fOlth 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 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 "funding 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. JSW & Associates Professional Services 8 of 21 D2 Revised 09/2020 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. 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.K. 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 Jeffrey S. Ward & Associates. If it is later determined that the CONSULTANT 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 JSW & Associates Professional Services 9 of 21 D2 Revised 09/2020 this offer. The biddcr 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 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: I . 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. JSW & Associates Professional Services 10 of 21 D2 Revised 09/2020 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, Jeffrey S. Ward & Associates, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. LV Signature of OTANT's Authorized Official Jeff Ward, President 10/1/20 Date Printed Name and Title of CONSULTANT's Authorized Official 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: 1SW & Associates Professional Services 11 of 21 D2 Revised 09/2020 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 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. 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. JSW & Associates Professional Services 12 of 21 D2 Revised 09/2020 SECTION IX — 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. 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. I. 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; JSW & Associates Professional Services 13 of 2l D2 Revised 09/2020 (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; (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 sub agreements. 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. JSW & Associates Professional Services 14 of 21 D2 Revised 09/2020 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 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 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 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), BO 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. 1'. 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. JSW & Associates Professional Services 15 of 2l D2 Revised 09/2020 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. 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. and, 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 X — HUD/GLO COMMUNITY DEVELOPMENT BLOCK GRANT A. HUD National Objectives: The CONSULTANT shall complete activities herein in such a manner to help the City meet community development needs having a particular urgency, as defined in 24 CFR 570.208. B. GENERAL COMPLIANCE: The CONSULTANT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart J and subpart K of these regulations, except that (1) the CONSULTANT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the CONSULTANT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The CONSULTANT also agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the funds provided under this Agreement. The CONSULTANT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The CONSULTANT shall comply with all applicable Federal laws, regulations, and requirements and all provisions of this Agreement, which include compliance with the provisions of the HCD Act and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies, administrations, and commissions relating to the CDBG Program. The applicable laws and regulations include, but are not limited to: • 2 CFR Part 200 • 24 CFR Part 570; • 24 CFR Parts 84 and 85; • The Davis -Bacon Fair Labor Standards Act; • The Contract Work Hours and Safety Standards Act of 1962; JSW & Associates Professional Services 16 of 21 D2 Revised 09/2020 ■ Copeland "Anti -Kickback" Act of 1934; ■ Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA); • Title VI of the Civil Rights Act of 1964; (Public Law 88-352 implemented in 24 CFR Part 1) • Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (Public Law 90-234 and Executive Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107); • Sections 104(b) and 109 of the Housing and Community Development Act of 1974; • Section 3 of the Housing and Urban Development Act of 1968; • Equal employment opportunity and minority business enterprise regulations established in 2 C.F.R. Part 200, Appendix II, ¶ C and24 CFR part 570.904; • Non-discrimination in employment, established by Executive Order 11246 (as amended by Executive Orders 11375 and 12086); ■ Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility; • The Architectural Barriers Act of 1968; ■ The Americans With Disabilities Act (ADA) of 1990; • The Age Discrimination Act of 1975, as amended; • National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended; ■ Lead Based paint regulations established in 24 CFR Parts 35, 570.608, and 24 CFR 982.401; • Asbestos guidelines established in CPD Noticc 90-44; ■ HUD Environmental Criteria and Standards (24 CFR Part 51); • The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; • Historic Preservation Act of 1966, as amended, and related laws and Executive Orders; • Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 et seq.); • Flood Disaster Protection Act of 1973. C. RELOCATION, REAL PROPERTY ACQUISITION AND "1-FOR-1:" If applicable, the CONSULTANT agrees to comply with (1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (2) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (3) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Grantee may, however, preempt the optional policies. The CONSULTANT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The CONSULTANT also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. Displacement of persons (including families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged. D. LAND COVENANTS: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the CONSULTANT shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The JSW & Associates Professional Services 17 of 21 D2 Revised 09/2020 CONSULTANT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. E. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES: 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) 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. F. 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 subcontractors. Failure to fulfill these requirements shall subject the CONSULTANT and any of the CONSULTANT'S 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. 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 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." 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 JSW & Associates Professional Services 18 of 21 D2 Revised 09/2020 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. The CONSULTANT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. SECTION XI — SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. SECTION XIl — ENTIRE AGREEMENT This CONTRACT constitutes the entire agreement between the CITY and the CONSULTANT for the use of funds received under this CONTRACT and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and the CONSULTANT with respect to this CONTRACT. SECTION XIII — NO THIRD -PARTY BENEFICIARIES Except as expressly provided otherwise, this CON TRACT is intended to be solely for the benefit of the parties and shall not otherwise be deemed to confer upon or give to any other person or third party any remedy, claim, cause or action or other right. SECTION XIV — GOVERNING LAW AND JURISDICTION This CONTRACT shall be construed in accordance with the laws of the State of Texas. In the event of any dispute over the Agreement's terms and conditions, the exclusive venue and jurisdiction for any litigation arising thereunder shall be in the District Court of Brazoria County, and, if necessary for exclusive federal questions, the United States District Court for the District of Texas. IN WITNESS WHEREOF, the Parties have executed this CONTRACT as of the date of the most recent signatory. Clay Pears , City ,r ager CIT 1 Dc*br- -° - AND, TEXAS DATE Jeffrey S. Ward & Associates DUNS No. 173635199 JEFFREY S. WARD & ASSOCIATES 10/1/20 DATE JSW & Associates Professional Services 19 of 21 D2 Revised 09/2020 House Bill 89 Verification 1, Jeffrey S. Ward (Person name), the undersigned representative (hereafter referred to as "Representative") of Jeffrey S. Ward & Associates, inc. (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 with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE 4SUBSCRIB D AND SWORN TO BEFORE ME, the undersigned authority, on this day of ( aW-\ , 20 2' Bid # 0620-43 Organization Title Buyout Property Acquisition Services Bid Creator The City of Pearland is seeking Buyout Property Acquisition Services for its Hurricane Harvey Hazard Mitigation Grant Program, in response to 2017 flooding of residential properties located within the Citys Special Flood Hazard Area. Email Request for Proposal Phone 6/11/2020 10:01:42 AM (CT) Fax 7/9/2020 11:00:01 AM (CT) Description Bid Type Issue Date Close Date Responding Suppliers Pearland, TX Julie Blackmore Contract Administrator jblackmore@pearlandtx.gov 281 (652) 1790 Name City State Response Submitted Lines Responded Response Total Jeffrey S. Ward & Associates Leesburg VA 7/8/2020 04:16:19 PM (CT) 4 $74,100.00 Holland Right of Way, LLC Austin TX 7/9/2020 08:52:00 AM (CT) 4 $113,981.00 TRC Pipeline Services, LLC Houston TX 7/9/2020 10:18:21 AM (CT) 4 $152,931.00 CobbFendley (Cobb, Fendley & Associates, Inc.) Houston TX 7/9/2020 09:22:37 AM (CT) 4 $183,350.00 Right -of -Way Solutions, LLC Sugar Land TX 7/8/2020 12:28:33 PM (CT) 4 $198,550.00 Con-Real,LP Arlington TX 7/8/2020 03:56:58 PM (CT) 4 $266,000.00 HDR Engineering Inc Houston TX 7/9/2020 08:53:24 AM (CT) 4 $313,101.00 Response Notes Supplier Line Notes Jeffrey S. Ward & AssociateF. Header 1 4 Administration of the grant, for items such as general public meetings, quarterly reporting, and financial reimbursement requests (to be submitted to the State) are not included in the Per Property fees stated above. When/if needed, these will be provided on an hourly rate basis, and will be incurred as directed and approved by the City. Hourly rates for administrative support, described above, will be $160.00 per hour.*Settlements include all costs associated with conducting closing, to include escrow fee for both buyer and seller, Texas Guarantee Fee, recordation fees, and tax certificates. This per property fee does not include the actual cost of title insurance, which is promulgated by the State based upon final purchase price.lf the City would like JSWA to provide Demolition Grant Administration, assisting in the demolition bid specifications development and demolition contractor selection the per parcel fee would be $1,500. Administration of the grant, for items such as general public meetings, quarterly reporting, and financial reimbursement requests (to be submitted to the State) are not included in the Per Property fees stated above. When/if needed, these will be provided on an hourly rate basis, and will be incurred as directed and approved by the City. Hourly rates for administrative support, described above, will be $160.00 per hour. * Settlements include all costs associated with conducting closing, to include escrow fee for both buyer and seller, Texas Guarantee Fee, recordation fees, and tax certificates. This per property fee does not include the actual cost of title insurance, which is promulgated by the State based upon final purchase price. Holland Right of Way, LLC 2 Additional fees will apply if report will need to be updated or reviewed by a third party. TRC Pipeline Services, LLC Header 4 CobbFendley (Cobb, Fendle} Header 4 Based on the information provided in the RFP on what was required for the HAZMAT portion. For the HAZMAT portion, TRC will pull 5 LBP paint chip samples per house and a visual estimation with photos for other materials. Depending on the schedule, TRC might use an XRF gun. As required, the asbestos survey is included in the above description. TRC will perform these cost for $1,450 per parcel. Note: this does not include the cost of Title Insurance on each tract which is based on actual purchase cost. For example, a $197,000 purchase will have insurance cost of $1,343.00. Thank you for the opportunity to provide our proposal for the City of Pearland's Buyout Property Acquisition Services RFP. We appreciate your consideration and look forward to your response. Please let us know if you have any questions. Contact information is included in the cover letter of our proposal. Fees associated with title commitments, title escrow, title insurance, recording fees, and lender processing will be reimbursed by City of Pearland with a 10% markup. Bid # 0620-43 Buyout Property Acquisition Services Form Recap CobbFendley Con -Real LP HDR Engineering, Inc Holland Right of Way, LLC Jeffrey S. Ward & Associates Right -of -Way Solutions, LLC TRC Pipeline Services LLC Bid Amount $ 183,350 $ 266,000 $ 313,101 $ 113,981 $ 74,100 $ 198,550 $ 152,931 Proposed Costs 45 pts 18.19 12.54 10.65 29.25 45.00 16.79 21.80 Qualifications/Experience/ Methodology 30 pts 25.50 3.83 28.33 16.50 25.17 25.50 20.50 Schedule & Demonstration to Meet 10 pts 8.50 0.33 8.67 8.42 7.67 9.17 6.83 Experience List/References 5 pts 4.50 0.33 5.83 3.50 4.67 4.67 3.67 Compliance to Proposal Requirements 5 pts 5.00 1.17 4.83 3.92 3.75 4.17 4.33 Current Workload & Availability to Start 5 pts 4.67 1.00 3.17 1.50 3.17 4.67 3.17 Total Points 66.36 19.21 61.48 63.08 89.42 64.96 60.30 TSWA, Inc. Mitigation and Buyout Consultants PO Box 4856 Leesburg, VA 20177 (W) 703-777-7076 (F) 866-685-6582 Tswa I go utlook.com July 8, 2020 The City of Pearland Re: Acquisition Services for the City of Pearland for Bid 0620-43 City Secretary: Transmitted herewith is our response to the City of Pearland's Request For Proposals for Buyout Property Acquisition Services for the City of Pearland for Bid 0620-43. Jeffrey S. Ward, & Associates, Inc. has assembled a highly qualified team of professionals with specialized expertise for management of the Hazard Mitigation Grant Program (HMGP), Acquisition of private residences. We appreciate your consideration of our team to work with you to achieve your goals in reducing flood risk within the Pearland by implementing this Acquisition Project. The proposal set forth herewith remains effective for a period of 60 calendar days. We value this opportunity to share with you our qualifications and our commitment to serve Friendswood as an extension of your staff. Sincerely, Jeffrey S. Ward, & Associates, Inc. Jeff Ward President JSWA Proposal for Buyout Property Acquisition Services for the City of Pearland for Bid 0620-43 4.1.1 Description of firm's philosophy JSWA is highly experienced in all aspects of FEMA mitigation programs Grant Administration and Project Management. In addition to hands-on FEMA mitigation grant administration and project management experience, JSWA has a very strong knowledge of and strong working relationship with TWDB and TDEM (the State's grant administrators) and FEMA Region VI, the awarding agency. The importance of having consultants with this kind of experience and relationships cannot be overstated. Our philosophy is to be hands-on with the clients and the impacted owners. We feel strongly that the homeowner's ultimate satisfaction with how they were treated and heard throughout the mitigation of their flood damaged/flood-prone home is a direct reflection of our work. If the flood victims feel they were treated fairly, the client is typically happy. Satisfied City residents typically equates to satisfied City officials. 4.1.2 Statement of qualifications including resume and list of similar projects within the last three years; Organizational description Jeffrey S. Ward & Associates, Inc (JSWA) is a small business but has the appropriate numbers of experienced staff to complete all elements required by the City of Friendswood relative to this RFQ, on schedule and within budget. Mr. Ward will be principal in charge and overall project manager and will serve as overall technical lead. Although the staff of JSWA is not especially large, (a) we are highly experienced and efficient; (b) we have a proven track record of completing large and very complex projects on time and on budget, and; (c) we have an array of other technical resources available when and if needed. Primary services for this work will be conducted at JSWA's Virginia location. JSWA is committed to client service, and anticipates on -site meetings, as well as visits and consultation with City staff and contractors. JSWA and its team members are also available at the City's discretion for interim conference calls, onsite visits as needed, and other consultation. Our team has been very successful in administering and overseeing FEMA mitigation Grant Programs, and this is due in large part to our focus on communication and Homeowner/client service, in addition to technical skills and a deep understanding of FEMA and State of Texas requirements. As indicated in our chart below, Jeff Ward will be the overall project manager and will be responsible for delivery for all scope of work items. JSWA has a cadre of buyout support staff, with multiple years of experience in buyout implementations. Under the leadership of Shebette Bowman, South Land Title will be the lead for all title and closing related activities. Under the leadership of Frank Lucco, Accurity Qualified Analytics will be the lead for all appraisal activities. Jeff Ward JSWA INC Project Manager (PM) APPRAISAL Frank J. Lucco Appraisal Lead AQA See resume secton for cadre of AQA appraisers T I T LE /CLOS I NG Shebette Bowman Title/Closing Lead South Land Title See resume secton for cadre of relocation agents NEGOTIATION Dan Ward Negotiation Lead Additional JSWA resources as needed Names and Resumes of Team Members JSWA JEFFREY S. WARD President, Jeffrey S. Ward & Associates, Inc., Summary Mr. Ward is an experienced project manager of large, complex mitigation projects, funded under federal, state, and local programs. He is a proven facilitator of Federal Emergency Management Agency (FEMA) mitigation plans for cities, counties, districts, and states. Mr. Ward has an unparalleled track record of successful mitigation project identification, grant application development, and grant implementation including Flood Mitigation Assistance (FMA), Hazard Mitigation Grant Program (HMGP), Pre -Disaster Mitigation (PDM), and Severe Repetitive Loss (SRL), and Repetitive Flood Claims (RFC). Additionally, he is a flood -damaged property acquisition, demolition, and elevation expert; a Certified Floodplain Manager; and a nationally recognized expert in FEMA's Benefit Cost Analysis software. A buyout expert, he authored an online course on managing a Buyout Program approved by the Association of State Floodplain Managers (ASFPM). Relevant Experience President, Jeffrey S. Ward & Associates, Inc., September 2001 to present Mr. Ward has assisted communities throughout the country in the acquisition and demolition of more than 4,900 flood -damaged and flood -prone structures funded under HMGP, FMA, SRL, PDM, and RFC. His work has ensured that flood victims get treated fairly and equitably throughout the acquisition process. Many of these projects have included relocation assistance. Overview of accomplishments: • Assisting communities in Texas, Florida, Louisiana, New Jersey, and South Carolina with the preparation of successful (awarded) applications for Hazard Mitigation Grant Program (HMGP) project grants, Flood Mitigation Assistance (FMA) project grants, FMA planning grants, and Pre -Disaster Mitigation (PDM) project grants, PDM planning grants, and Engineering Study Grants. These applications have resulted in over $850M of grant awards. Mr. Ward served as project/grant implementer for the majority of the above -mentioned awards. • Oversight of demolition process, from demolition bid through completion, for home acquisitions that required demolition. • Filing Increased Cost of Compliance (ICC) claims (over 700 claims filed - $5 million in paid claims). • Participated on client's mitigation planning committees to evaluate mitigation projects and recommending funding opportunities. Unique understanding and experience with Harris County and Southeast Texas regional flood mitigation issues: • Served as acquisition consultant for Travis County, Texas for all involuntary and voluntary acquisitions. His team assisted Travis County with the acquisition and demolition of over 200 flood -prone structures throughout the County. These acquisitions have been a mix of voluntary (FEMA and County -funded) and involuntary (U.S. Army Corps of Engineers [USACE]-funded) projects. All voluntary acquisitions included providing supplemental housing assistance to over 100 low income and minority homeowner. All involuntary acquisitions included strict adherence to URA benefits for over 100 participants, both primary owner occupants and tenants. • Co-authored Harris County Flood Control District's (HCFCD, TX) voluntary and non - voluntary acquisitions policies and procedures manuals. • Acquisition counselor for HCFCD voluntary acquisitions after Tropical Storm Allison. • Completed an acquisition program in three colonial for structures damaged in flood events. This included bi-lingual outreach; bi-lingual offer presentation and negotiations; and providing relocation assistance to minority, disadvantaged flood victims. All flood victims received supplemental housing benefits. • Served as acquisition consultant for the City of El Paso, Texas for all involuntary and voluntary acquisitions. These acquisitions included both voluntary and involuntary acquisitions. All voluntary acquisitions included provided URA supplemental housing assistance to over 100 low income and minority homeowner. At the completion of the voluntary program, the City hired JSWA to acquire over 30 parcels using TXDOT funds, all of which required strict adherence to URA guidelines. A full-time interpreter supported these acquisition projects. ■ Served as acquisition consultant for several communities following Hurricane Ike and assisted in the acquisition of over 1,200 flood damaged properties. All of these acquisitions included duplication of benefits. Duplication of benefits in these cases were more complicated than most due to the fact that many flood victims received flood insurance payments, repair grants, and TWIA insurance payments. • Provided support to Texas Water Development Board (TWDB) in outreach to communities that have eligible SRL Properties and completed BCAs in support of application development. o Provided application development, administration, Project Management, and Benefit Cost Analysis for three TWDB-funded Flood protection planning grants totally over $1M in total project costs ($500,000 in State funding). These studies identified viable mitigation alternatives that were funded by FEMA and implemented. o More than $100M in FEMA mitigation funds were obtained for alternatives identified in these studies. • Served as mitigation consultant to the Texas Medical Center and over 50-member facilities. • Acquisition consultant (under contract) for Travis County, Texas as well as Wayne, New Jersey and Greenville County, South Carolina. • Lead mitigation consultant to Jefferson County Drainage District No. Six (DD6). JSWA has been DD6' mitigation consultant for the past ten years. JSWA has been successful in obtaining over $125M in FEMA funds for drainage projects. Many of these projects required the acquisition of Right -of -Way and easements for location or expansion of drainage structures. JSWA provides direct support the District's attorney and Board of Director's for Right -of -Way acquisition, all of which required adherence to URA guidelines. Specialized expertise and leadership in the field: • Author of an Association of State Floodplain Manager (ASFPM)-approved on-line course on managing a Buyout Program. The course is available nationwide as Continuing Education Credits (CEC) toward maintaining a CFM designation. • Expert in FEMA's full and limited data module Benefit Cost Analysis (BCA) Software. Completed individual BCA runs on more than 100,000 structures for a variety of mitigation projects (detention basins, channelization, bridge raising, home elevations, home acquisition/demolition, and wind retrofitting). • Provides in-depth analysis, data validation, and data correction/update of FEMA's National Flood Insurance Program (NFIP) databases (Repetitive Loss, Paid Claims, and Policies in Force). This effort includes the identification of properties that have been mitigated and providing required updates to FEMA/NFIP. Education, Certifications/Licenses, and Specialized Training • Certified Floodplain Manager (CFM), 2002 • MBA, Georgetown University, 2000 • Lockheed Martin Program Management Development Program, 1997 • Process Patent Inventor while at Lockheed Martin — (Patent No. 6,873,964) • BS, Business Management and Finance, Salisbury State University, 1984 DAN WARD (571) 446-0443 DanwardWMC@gmail.com EDUCATION, CERTIFICATIONS/LICENSES AND SPECIALIZED TRAINING B.A., Homeland Security and Emergency Preparedness, Virginia Commonwealth University — 2013 Virginia Real Estate Salesperson, Since 2015 Certified Floodplain Manager (CFM), Since 2017 Summary Experienced project manager supporting multiple JSWA projects. Grant application development expert to include benefit cost analysis to help to secure over $250 Million in grant funds. Grant Administration and Project Management of FEMA awarded grants to include Flood Mitigation Assistance (FMA), Hazard Mitigation Grant Program (HMGP), and Pre -Disaster Mitigation (PDM) grant programs. Expert in flood damaged and flooded property acquisition and demolition. Relevant Experience President, Ward Mitigation Consulting, Inc, January 2016 — Present • Collaborated with communities in Texas in writing their approved Hazard Mitigation Plans • Developed HMGP, PDM and FMA grant applications for communities across the country to include drainage projects, acquisition and demolitions, elevations, generators, hurricane shutters and tornado shelters • Project Manager of five ongoing acquisition and demolition projects each with multiple structures in New Jersey (FMA) and South Carolina (HMGP). • Oversight of all project aspects from coordinating with contractors, project invoicing and reimbursement. • Provided Grant Administration for communities in New Jersey, Texas, Missouri and South Carolina. • Demolition management for ongoing acquisition/demolition projects in New Jersey and South Carolina. • Completed Benefit Cost Analyses for elevation, acquisition/demolition and flood control programs using FEMA's Benefit Cost Analysis Software Mitigation Specialist, Jeffrey S Ward & Associates, August 2013 — January 2016 • Facilitated grant application development for communities across the country for home elevations, acquisition and demolition, mitigation reconstruction, flood control projects, structural projects (tornado safe room; hurricane shutters) and hazard mitigation plans. • Managed over 100 acquisition and demolition projects in New Jersey, South Carolina and Texas • Assisted in complex tenant relocations in various acquisition programs South Land Title SHEBETTE BOMAN Title Specialist/Compliance & Operations Officer/Commercial Escrow Officer, South Land Title Summary Ms. Bowman began her career in the title industry in 1993 and was promoted to Escrow Officer in 1998. She has experience with multiple FEMA buyout projects and has also performed TxDOT right of way acquisitions. Relevant Experience Compliance & Operations Officer/Commercial Escrow Officer, South Land Title, 2002 to present Ms. Bowman joined South Land Title in 2002 and served as Branch Manager/Residential Escrow Officer for the League City office. She and her team manage the overall closing process by meeting all title and curative requirements necessary to issue a title insurance policy, including reviewing the sales contract, title commitments, preparing closing statements, obtaining legal documents, conducting the closing, disbursing funds and recording documents. With extensive knowledge in FEMA buy out programs, Shebette managed her team and closed substantial buyout projects for the following municipalities: • City of Galveston • Galveston County • Harris County • City of Houston • City of Friendswood ■ City of Pearland ■ City of Pasadena • City of Alvin • Liberty County With both residential and commercial closing experience, Shebette has closed a variety of large, complex commercial transactions including golf courses, senior living developments, industrial warehouses, convenient stores, and TxDOT right of way acquisitions. PEGGY WALKER Title Specialist/Vice President of Commercial Transactions and Audits, South Land Title Summary Ms. Walker has more than 30 years of experience in the title industry. She also has extensive residential closing experience and has helped facilitate closings for FEMA buyout programs for the City of Galveston and County of Galveston. Relevant Experience Vice President of Commercial Transactions and Audits, South Land Title, 2000 to present Ms. Walker joined South Land Title in 2000 and has worked in all capacities of a title office, including Branch Manager and Escrow Officer. In addition to managing the Commercial Division, Peggy oversees the companies' escrow audits, claims and policy compliance. Peggy manages the overall closing process by meeting all title and curative requirements necessary to issue a title insurance policy by reviewing the sales contract, title commitments, preparing closing statements, obtaining legal documents, conducting the closing, disbursing funds, and recording documents. AQA FRANK J. Lucco, CRP, SRA Managing Director of Accurity Qualified Analytics Summary Mr. Lucco is the Managing Director of Accurity Qualified Analytics in Houston and is the President of Frank J. Lucco & Associates, a real estate brokerage firm. He has a Bachelor's degree from the University of Houston and has been appraising since 1978. Specializing in residential appraising and consulting, he holds the designations of SRA with the Appraisal Institute and CRP (Certified Relocation Professional) with the Employee Relocation Council. Mr. Lucco has received his Texas State Certification as a General Real Estate Appraiser and served as a fee appraiser for the Veterans Administration and the U. S. Department of Housing and Urban Development for many years. He is an Arbitrator, and among other functions, serves on the panel of Texas Appraisal Review Board Determinations. He has served on the Houston MLS Advisory Board, is a member of the Association of Certified Fraud Examiners, as well as a member of the Forensic Expert Witness Association. Mr. Lucco has been involved with the Appraisal Institute for many years, including serving as President of the Houston Chapter in 2000. He recently served on the Appraisal Institute's Body of Knowledge Committee, which proposes additions to, or retirements from, principles, theories, and techniques in existing and/or proposed materials in the Appraisal Institute's Body of Knowledge as well as the Residential Appraisal Project Team, which is charged with the task of developing ideas to enhance the value proposition for residential appraisers. For several years, he served as a Regional Representative for the Appraisal Institute. Mr. Lucco served as one of ten members of the Residential Council for the Appraisal Institute on the national level, which meets to discuss issues involving the residential appraiser. As vice chair of the AI Strategic Planning Committee, he has offered his view of the future. He was appointed to the Residential White Paper Task Force, which was chartered to answer various pointed questions as to the future of residential appraising. He has served as one of the Appraisal Institute Board of Directors, the Appraisal Institute Relief Foundation Board of Directors, and Finance Committee Appraisal Institute Relief Foundation Board of Directors. Mr. Lucco has been honored by the Appraisal Institute, nationally with the President's Award and the Bert L. Thornton President's Award, and locally by the Houston chapter of the Appraisal Institute with numerous citations, including the President's Award (twice awarded), Board of Directors Award and Key Map Award. Mr. Lucco has authored articles published in the trade journals: Appraisal Review and Mortgage Underwriting Journal, The Appraisal Journal, Regional Real Estate Review, Appraisal Today, The Communicator, Valuation Review, DS News, Houston Association of Realtors Network, Premier Agent Magazine, LiveValuation Magazine, and Texas Realtor. He is routinely quoted in the Houston Chronicle and has appeared on radio and television programs discussing appraising, the housing market, and the local economy. Mr. Lucco has served as an expert witness in court litigation and has spoken at national appraisal conferences in both the U.S. and Canada. Mr. Lucco has been an approved instructor for several Appraisal Institute courses and seminars, he has taught locally, nationally, and internationally. He has also served as a Special Commissioner for Galveston County. Mr. Lucco holds a Texas Affordable Housing Specialist Certification from the Texas Association of Realtors. Relevant Experience President of Frank J. Lucco and Associates, Inc., Houston, Texas, June 1985 to Present Managing Director of Accurity Qualified Analytics, with offices in Houston, Texas, March 2013 to Present Managing Director of IRR Residential Appraisers & Consultants, with offices in Houston, Austin and San Antonio, Texas, September 1, 2007 to March 2013 President of Tarin, Coon & Lucco, Houston, Texas, May 2003 to Present Appraiser and Review Appraiser for Ronald O. Walker and Associates, Inc., Houston, Texas, August 1978 to June 1985 In the roles above, Mr. Lucco has completed assignments for banks, savings and loan associations, life insurance companies, relocation management companies, mortgage companies, law firms, individuals and investors. He is a published author, has served as an expert witness in legal litigation, and teaches courses and seminars for the Appraisal Institute. Education, Certifications/Licenses, and Specialized Training • Bachelor of Science, University of Houston, Houston, Texas 1978 • CRP — Employee Relocation Council (Certified Relocation Council) • SRA — Appraisal Institute • QSC — Quality Service Certified • Certified as a Texas Affordable Housing Specialist through the Texas Association of Realtors • Over 200 courses and seminars in the areas of: Real estate appraisal, real estate law, residential construction, appraisal review, depreciation, relocation, litigation -market analysis, environmental issues, USPAP, affordable housing, manufactured homes, client guidelines, complex residential properties, fair lending, property rights, emerging technologies, automated valuation models, partial interests, GIS mapping, real estate brokerage, statistical modeling, real estate ethics, arbitration, real estate fraud, forensic appraising, etc. Professional Affiliations • State Certified General Real Estate Appraiser - TX-1320208-G • Affiliate Member - Employee Relocation Council • Member — Relocation Appraisers and Consultants (RAC) • Member - The Houston Association of Realtors • Member - The Texas Association of Realtors • Member - The National Association of Realtors • Texas Real Estate Broker's License No. 263011-35 • Member — Forensic Expert Witness Association • Member — Association of Certified Fraud Examiner Special Awards • Recipient of Candidate Scholarship from the AIREA 1984 • Outstanding Performance Award, FHA Fee Appraiser 1987-1988 • Delivered Seminar at the National NAREA Conference 1990 ■ President's Award for the Houston Chapter of the Appraisal Institute 1993 ■ Key Man Award for the Houston Chapter of the Appraisal Institute 1994 • Delivered Seminar at the Appraisal Institute of Canada's Regional Conference 1995 • Board of Directors Award for the Houston Chapter of the Appraisal Institute 1995 • Delivered Seminar at the Appraisal Institute of Canada's National Conference 1996 • President's Award for Appraisal Institute Nationally 2001 • Bert L. Thornton President's Award from Appraisal Institute, Jan 2008 ■ IRR-Residential President's Award, May 2010 Some of the numerous similar projects JSWA has worked on within the last three years are listed below: Client Name: Harris County, TX Abstract: Acquisition/Project Manager of over 600 home acquisitions, $200M FEMA grant administered by the Texas Division of Emergency Management (ongoing) Point of Contact: Shannon C. Watson, P.E., Division Manager, Real Property Division Harris County Engineering Department, 713-274-3725, shannon.watson@hcpid.org Client Name: Fort Bend County, TX Abstract: Acquisition/Project Manager of 42 home acquisitions, $10M FEMA grant administered by the Texas Division of Emergency Management (ongoing) Point of Contact: Caroline Egan, Disaster Recovery Manager Homeland Security & Emergency Management, (281) 342-6185 (p), Caroline.Egan(ifortbendcountytx.gov Client Name: County of Greenville, SC Abstract: Homeowner Liaison and Subject Matter Expert for over 180 home elevations, $30M in local and FEMA grants (2007 to present — ongoing) Point of Contact: Paula G. Gucker, Assistant County Administrator for Community Planning, Development and Public Works, (864) 467-7007, pgucker@a,greenvillecounty.org Client Name: Township of Wayne, New Jersey Abstract: Grant Administrator and Project Manager of 300 home acquisition and demolition, $80M FEMA grant administered by the New Jersey Office of Emergency Management (Three grants closed 2012 to 2014, and five ongoing). Point of Contact: Neal Bellet MPA, RPPO, QPA. Business Administrator Township of Wayne, 973-694-1800 ext. 3202, belletn(a,waynetownship.com 4.1.3 Proposed schedule for the project; Acquisition/Demolition ACTIVITY MONTHS 3 4 5 6 7 8 9 10 11 12 Contract award/Kickoff Complete Appraisals Generate/Extend Offers Close Properties* Demolition Acquired Properties** *Typically, owners are given time to find a replacement property. If City wants to close program in one year is max, deadline to close will need to be issued at the time of offer. **Demolitions will occur as properties close - see note above re: closing deadline 4.1.4 Equipment and technology resources available to complete the scope of services and deliverables Mr. Ward will be principal in charge and overall project manager and will serve as overall technical lead. JSWA has in-depth experience with all elements of this scope of work. JSWA has formulated a team with direct experience with prior buyouts. JSWA has worked with both Accurity Qualified Analytics (AQA) and South Land Title on prior FEMA funded and client funded acquisitions totaling over 1,500 homes. This team has a good working relationship which will benefit the client in a seamless and effective acquisition program. JSWA implements projects with an eye on ensuring flood victims are treated fairly and equitably and the Client's expectations are exceeded, all while ensuring adherence to FEMA requirements and regulations. More information about our teammates is shown above and in other sections of this RFP response. • Accurity Qualified Analytics (AQA), a real estate appraisal and consulting firm located in Houston, Texas. • South Land Title, a locally owned and operated title company serving customers in the Houston Metroplex for more than 20 years. 4.1.5 Equipment requirements necessary to conduct business on -site at City facilities, if and/or when necessary or feasible; JSWA and its staff will work remotely and will not need to conduct business on site at City facilities. All correspondence with owners and City employees will be completed via phone, email and mailings. 4.1.6 Detail of fee proposal that should support lump sum pricing in Line Items tab; and Service Quantity Price Total Acquisition Services 19 $ 2,000.00 $ 38,000.00 Appraisals 19 $ 750.00 $ 14,250.00 Surveys 19 $ 750.00 $ 14,250.00 Title/Closing* 19 $ 400.00 $ 7,600.00 $ 74,100.00 * Settlements include all costs associated with conducting closing, to include escrow fee for both buyer and seller, Texas Guarantee Fee, recordation fees, and tax certificates. This per property fee does not include the actual cost of title insurance, which is promulgated by the State based upon final purchase price. Administration of the grant, for items such as general public meetings, quarterly reporting, and financial reimbursement requests (to be submitted to the State) are not included in the Per Property fees stated above. When/if needed, these will be provided on an hourly rate basis, and will be incurred as directed and approved by the City. Hourly rates for administrative support, described above, will be $160.00 per hour. If the City would like JSWA to provide Demolition Grant Administration, assisting in the demolition bid specifications development and demolition contractor selection the per parcel fee would be $1,500. 4.1.7 Debarment, suspension and background check confirmation. All employees subject to working on City property have had background checks performed and meet the requested requirements. The Systems for Award Management Debarment Search is shown below: Jeffrey S. Ward & Associates, Inc. i44o1 Bookdi$Ct DUNS: 173635199 CAGE Code: 7LA 48 Purcelvllle, VA, 20132-1769 , Status: Active UNITED STATES Expiration Date: 01 / 0 7/ 2 021 Purpose of Registration: All Awards Entity Overview Entity Registration Summary DUNS: 173635199 Name: Jeffrey S. Ward &Associates. Inc. Business Type: Business or Orgeni7ation Last -Updated By: Jeff Ward Registration Status: Active Activation Date: O1J0S12020 Expiration Date: 31/07/2021 Exclusion Summary Active Exclusion Records? No The Local Bidder Preference Claim Form (4.4.3) and Conflict of Interest Questionnaire (4.4.5) are Not Applicable.