R2021-054 2021-03-22 RESOLUTION NO. R2021-54
A Resolution of the City Council of the City of Pearland, Texas, amending a
unit cost contract for property buy-out additional acquisition services, with
Jeff Ward & Associates in the additional amount of $47,000.00 (total
amount of $115,000.00), for the period of September 1, 2021 through
September 30, 2022.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain amended 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 an amended contract for property buy-out acquisition services.
PASSED, APPROVED and ADOPTED this the 22nd day of March, A.D., 2021.
EVIN COLE
MAYOR
ATT T:
C 44412—
AL ROAN, TRMC, CMC -°`F PRNO,
CITY SECRETARY ° • '
APPROVED AS TO FORM: U i. V. � 111
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( a,Z-- 6L. , .
1: \. 0% :/ !DARRIN M. COKER
CITY ATTORNEY
1ST AMENDED CONTRACT FOR PROFESSIONAL SERVICES
THIS 1ST AMENDED CONTRACT is entered into upon final execution by and between the City of
Pearland("CITY")and Jeffiey 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 H )
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. Assist with Advisement on other related activities,demolition and
clearing for approximately 19 properties;
3. Supportive Services-Asbestos Testing,Abatement and Demolition
a. development of a process for facilitating timing and competitive
demolition of homes in the buyout program;
b. procurement compliance in purchasing asbestos survey fain
services;
c. recommendations to City on hiring an asbestos survey firm;
d. actual hiring and contracting with the agreed upon asbestos survey
firm;
e. overseeing the work performed by the selected asbestos survey
firm;
f. development of thorough demolition specifications to be
used by the City Purchasing Office when bidding out home demolitions;
g. City's Purchasing Office review of received demolition bids;
h. preparation of FFMA required Demolition Certificates for
each property for City review and signature as demolitions are
completed;and
. i. providing City Project Manager with completed Demolition
folder for each demolition.
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;encomnge
a CITY employee to engage in such misconduct.
JSW&Associates Professional Services 2 of 21 D2 Amended 3/16/2021
E. The CONSULTANT shall submit all final construction documents in both hard copy and
electronic format. Plans shall be AutoCAD compatible and all other documents shall be
Microsoft Office compatible. The software version used shall be compatible to current
CITY standards. Other support documents,for example,structural calculations,drainage
reports and geotechnical reports, shall be submitted in hard copy only. All Record
Drawings electronic files shall be submitted to the CITY in TIP 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
CONSULTANTunderthe CONTRACT shall be delivered to the CITY up on 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) Workers'Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than$1,000,000 in the
aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with minimum
limits of$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence,and$1,000,000 for each occurrence of damage to or destruction of
property.
(4) Comprehensive Automobile and Truck Liability Insurance covering owned,hired,
and non-owned vehicles,with minimum limits of$1,000,000 for injury or death
of any one person,$1,000,000 for each occurrence,and$1,000,000 for property
damage.
The CONSULTANT shall include the CITY as an additional insured under the policies,
with the exception of the Professional Liability Insurance and Workers' Compensation.
• The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of
Insurance and endorsements shall be furnished to the CITY before work commences. Each
insurance policy shall be endorsed to state that coverage shall not be suspended,voided,
canceled,and/or reduced in coverage or in limits("Change in Coverage")exceptwith 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 thatpolicies 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
JSW&Associates Professional Services 3 of 21 D2 Amended 3/16/2021
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 30,2022.
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
l. Basic Services $115,000
2. Total: $115,000
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.
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 invoicedAT COST without subsequent markup by the CONSULTANT.
All invoices containing a request for Reimbursable Expenses shall include copies of the
7SW&Associates Professional Services 4 of 21 D2 Amended 3/16/2021
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 CONSULTANT'S work. The CITY will keep the CONSULTANT advised
concerning the progress of the CITY'S review of the work. The CONSULTANT agrees
that the CITY'S inspection,review,acceptance or approval of CONSULTANT'S work
shall not relieve CONSULTANT'S responsibility for errors or omissions of the
CONSULTANT or its sub-consultant(s)or in any way affect the CONSULTANT'S status
as an independent contractor of the CITY.
SECTION V-TERMINATION
A. The CITY,at its sole discretion,may terminate this CONTRACT for any reason--with or
without cause--by delivering written notice to CONSULTANT personally orby certified
mail at PO Box 4356,Leesburg,VA 20177. Immediately after 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 15'1'day following termination of the CONTRACT.
C. In the event of such termination,the CONSULTANT shall be paid for services performed
prior to receipt of the written notice of termination. The CITY shall make final payment
within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed
invoice for services rendered and the documents or work product generated by the
CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely
ascertainable sum,the portion of such sumpayable 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 ofthe work.
JSW&Associates Professional Services 5 of 21 D2 Amended 3/16/2021
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 prevailingparty 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 fee that has been paid.
SECTION VIII—FEDERAL UNIFORM REQUIREMENTS
Equal Opportunity
Per federal regulations in 41 CFR Part 6 0-1.4(C)(b),during the performance of this contract,
the CONSULTANT:
(1)will not discriminate against any employee or applicant for employment because of race,color,
religion,sex, or national origin.The CONSULTANT will take affirmative action to ensure that
applicants are employed,and that employees are treated during employment without regard to their
race,color,religion,sex,or national origin.
Such action shall include,but not be limited to the following:Employment,upgrading,demotion,
or transfer;recruitment or recruitment advertising;.layoff or termination;rates of pay or other forms
of compensation;and selection for training,including apprenticeship.The CONSULTANT agrees
to post in conspicuous places,available to employees and applicants for employment,notices to be
provided setting forth the provisions of this nondiscrimination clause.
JSW&Associates Professional Services 6 of 21 D2 Amended 3/16/2021
(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 forpurposes 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 imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law.
(7)The CONSULTANT will include the option of the sentence immediately preceding paragraph
(1)and the provisions of paragraphs(1)through(7)in every subcontract orpurchase 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 orpurchase 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
NotApplicablefor 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.
JSW&Associates Professional Services 7 of21 D2 Amended 3/16/2021
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$l
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 workweek.
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 andone-half times the basic rate ofpay for all hoursworiced
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 thereforshall be liable for the unpaid wages.In addition,such CONSULTANT and
subcontractor shall be liable to the United States(in the case of work done under contract for the
District of Columbia or a territory,to such District or to such territory),for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards,employed in violation of the clause set forth in paragraph(1)of
this section,in the.sum of$10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set fOl th in paragraph(I)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
JSW&Associates Professional Services 8 of 21 D2 Amended 3/16/2021
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 Contractor 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 contractorforthe p erformanc e o f experimental,developmental,or research workfiunded
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 theperfor anceofexperimental,developmental,orrescamh
work under a funding agreement as defined in the first sentence of this paragraph.
Debarment and Suspension.
Applicability;This requirement applies to all federal grant and cooperative agreement programs.
Non-federal entities and contractors are subject to the debarment and suspension regulations implementing
Executive Order 12549,Debarment and Suspension(1986)and Executive Order 12689,Debarment and
Suspension(1989)at 2 C.F.R.Part 180 and the Department of Homeland Security's regulations at 2 C.F.R
Part 3000(Non-procurement Debarment and Suspension).
These regulations restrict awards, subawards, and contracts with certain parties that are debarred,
suspended,or otherwise excluded from or ineligible for participation in Federal assistance programs and
activities.See 2 C.F.R.Part 200,Appendix II,§I;and Chapter N,§6.d and Appendix C,§2.A contract
award must not be made to parties listed in the SAM Exclusions.SAM Exclusions is the list maintained by
the General Services Administration that contains the names of patties debarred,suspended,or otherwise
excluded by agencies,as well as patties declared ineligible under statutory or regulatory authority other
JSW&Associates Professional Services 9 of 21 D2 Amended 3/16/2021
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.R.pt. 180 and 2 C.F.R.pt.3000.As such the
CONSULTANT is required to verify that none of the CONSULTANT,its principals(defined at 2 C.F.R.
§ 180.995),or its affiliates(defined at 2 C.F.R.§ 180.905)are excluded(defined at 2 C.F.R. § 180.940)01'
disqualified(defined at2 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
this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions."
Byrd Anti-Lobbying Amendment.
Applicability:This requirement applies to all federal grant and cooperative agreement programs.
Contractors that apply or bid for an award of$100,000 or more must file the required certification.See 2
C.F.R.Part 200,Appendix II,§J;44 C.F.R.Part 18;Chapter N,6.c;Appendix C,§4.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any agency,a
JSW&Associates Professional Services 10 of 21 D2 Amended 3/16/2021
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:
1.No Federal appropriated funds have beenpaidorwillbe paid,by or on behalfofthe undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency,a
Member of Congress,an officeror employee of Congress,or an employee ofa Member of Congress
in connection with the awarding of any Federal contract,the making of any Federal grant, the
making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency,a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall
complete and submit Standard Form LLL,"Disclosure Form to Report Lobbying,"in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into.Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31,U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995).Any
person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000
and not more than$100,000 for each such failure.
The CONSULTANT,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.§3 801 et seq.,apply to this certification and disclosure,if any.
•
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7(iidy./27/19/21
Signature of CONSULTANT's Authorized Official Date
Jeff Ward, President
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:
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 ofits 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 withoutbreachingthe contract.The language ofthe clause may differ
depending on the nature of the contract and the end-item procured.
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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 contractforthe purpose's ofmaking 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.
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,
JSW&Associates Professional Services 13 of 21 D2 Amended 3/16/2021
or such otherperiod stipulated by local law,prior to the election or appointment of the offices;
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 ofachieving
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 rep ortingof 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 b ut are not limited
to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352),which prohibits
discrimination on the basis of race,color,or national origin;
(b) Title IX of the Education Amendments of 1972, as amended(20 U.S.C.
§§1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex;
(c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),
which prohibits discrimination on the basis of handicaps and the Americans with
Disabilities Act of 1990 including Titles I, II, and III of the Americans with
Disability Act which prohibits recipients from discriminating on the basis of
disability in the operation of public entities,public and private transportation
JSW&Associates Professional Services 14 of 21 D2 Amended 3/16/2021
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 UniformRelo cation 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.§§732I-29),which
limit the political activity of employees whose principal employment activities are funded
• in whole or in part with Federal funds.
•
M. comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act and the Intergovernmental Personnel Act of 1970,as applicable.
N. insure that the facilities under its ownership,lease,or supervision which shall be utilized
in the accomplishment of the project are not listed on the Environmental Protection
Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency
of the receipt of any communication from the Director of the EPA Office of Federal
Activities indicatingthat a facility to be used in the project is under consideration for listing
by the EPA(EO 11738).
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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 maybe 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
violatingfacilities pursuant to EO 11738;(c)protection of wetlands pursuantto 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 un der Section 176(c)ofthe 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),EO 11593(identification
and protection of historic properties),andthe Archaeological and Historic Preservation Act
of 1974(16 U.S.C. §§469a-1 et seq.).
S. comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544, as amended, 7
U.S.C. §§2131 et seq.)which requires the minimum standards of care and treatment for
vertebrate animals bred for commercial sale,used in research,transported commercially,
or exhibited to the public according to the Guide for Care and Use of Laboratory Animals
and Public Health Service Policy and Government Principals Regarding the Care and Use
of Animals.
T. comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.§§4801 et seq.)
which prohibits the use of lead-based paint in construction or rehabilitation of residential
structures.
U. comply with the Pro-Children Act of 1994(Public Law 103-277),which prohibits smoking
within any portion of any indoor facility used for the provision of services for children.
V. comply with all federal tax laws and are solely responsible for filing all required state and
federal tax forms.
W. comply with all applicable requirements of all other federal and state laws, executive
orders,regulations,and policies governing this program.
1SW&Associates Professional Services 16 of 21 D2 Amended 3/16/2021
X. adopt and implement applicable provisions of the model HIV/AIDS workplace 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 ineligibleforfederalprocurementhave
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 CFRPart 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;
■ 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)
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• 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 Notice 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"I-FOR-I:"If applicable,
the CONSULTANT agrees to comply with(1)theUniform RelocationAssistance 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-assistedproject.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 ofTitle 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
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.
JSW&Associates Professional Services 18 of 21 D2 Amended 3/16/2021
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 can•ied 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 thereunderprior 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 UtUan
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,priorityshould be given
to low- and very low-income persons within the service area of the project or the
neighborhood in which the project is located,and to low-and very low-income participants
in other HUD programs. The CONSULTANT further agrees to award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement
of lead-based paint hazards),housing construction,or other public construction project to
[SW&Associates Professional Services 19 of 21 D2 Amended 3/16/2021
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 agreesthatno 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 XII—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 CONTRACT 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 1' AMENDED CONTRACT as of the date of
the mos ent s' ry.
CI Y 0 P RLAND, TEXAS DATE
7/6Wat127/19/21
JEFFREY S.WARD&ASSOCIATES DATE
JSW&Associates Professional Services 20 of 21 D2 Amended 3/16/2021