R2022-241 2022-10-24RESOLUTION NO. R2022-241
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
Flood Mitigation Assistance Program contract for home elevation services to
Arkitektura Development, Inc., funded by the Texas Water Development Board,
in an amount not to exceed $955,040.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for Flood Mitigation Assistance Program, a copy of
which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby
authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a contract for Flood Mitigation Assistance Program, for elevation
services.
PASSED, APPROVED and ADOPTED this the 24th day of October, A.D., 2022.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
City of Pearland
3519 Lberty Drive
Pearland, TX 77581
General Services Contract
This Contract (Contract) is made between the City of Pearland, Texas (City), and Arkitektura
Development Incorporated (Contractor). The City and Contractor agree to the terms and
conditions of this Contract, which consists of the following parts:
I. Summary of Contract Terms
II. General Description Scope of Work
III. Standard Contractual Provisions
IV. Federal Uniform Administrative Requirements and Additional Requirements
V_ Signatures
I. Summary of Contract Terms.
Legal Name of Contractor: Arkitektura Development Incorporated
Contract Type: General Services Agreement
Contract Date: October 24, 2022
Termination/End Date: September 30, 2024
Renewal Terms: One (1) renewal
Amount: $955,040
Notes and References:
II. GENERAL DESCRIPTION — SCOPE OF WORK
Non -architectural engineering/design, construction, and elevation of five (5) residential structures
in Pearland, Texas. above the base flood elevation level, at the following locations:
• 2705 Green Tee Drive;
• 2703 Green Tee Drive;
• 3511 Pine Tree Drive:
• 5102 Ryan Acres Drive; and
• 2822 Piper Road.
The City may agree to add properties to the scope of work as additional funding and contractor
performance reviews indicate an amendment to the scope of work is acceptable.
Scheduled Work Completion Date: September 30, 2023
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III. STANDARD CONTRACTUAL PROVISIONS.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with
the terms and conditions specified in this Contract. Contractor will bill the City for the
Services provided at intervals of at least 30 days, except for the final billing. The City shall
pay Contractor for the Services in accordance with the terms of this Contract, but all
payments to be made by the City to Contractor. including the time of payment and the
payment of interest on overdue amounts, are subject to the applicable provisions of
Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may
terminate this Contract during its term at any time for the City's own convenience
where the Contractor is not in default by giving written notice to Contractor. If the
City terminates this Contract under this paragraph, the City will pay the Contractor
for all services rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this
Contract as provided in this paragraph if the other party fails to comply with its
terms. The party alleging the default will give the other party notice of the default
in writing citing the terms of the Contract that have been breached and what action
the defaulting party must take to cure the default, If the party in default fails to cure
the default as specified in the notice, the party giving the notice of default may
terminate this Contract by written notice to the other party, specifying the date of
termination. Termination of this Contract under this paragraph does not affect the
right of either party to seek remedies for breach of the Contract as allowed by law,
including any damages or costs suffered by either party.
(3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's
fiscal year in which it becomes effective or provides for the City to make any
payment during any of the City's fiscal years following the City's fiscal year in which
this Contract becomes effective and the City fails to appropriate funds to make any
required Contract payment for that successive fiscal year and there are no funds
from the City's sale of debt instruments to make the required payment, then this
Contract automatically terminates at the beginning of the first day of the City's
successive fiscal year of the Contract for which the City has not appropriated funds
or otherwise provided for funds to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits
the Contractor's liability to the City or releases the Contractor from liability to the City for
actual or compensatory damages, loss, or costs arising from the performance of this
Contract or that provides for contractual indemnity by one party to the other party to this
Contract is not applicable or effective under this Contract. Except where an Additional
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Contract Document provided by the City provides otherwise, each party to this Contract is
responsible for defending against and liable for paying any claim, suit, or judgment for
damages, Toss, or costs arising from that party's negligent acts or omissions in the
performance of this Contract in accordance with applicable law. This provision does not
affect the right of either party to this Contract who is sued by a third party for acts or
omissions arising from this Contract to bring in the other party to this Contract as a third -
party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written
consent of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas
and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction
located in or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and
the Contractor 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.
H Independent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City. The City has no right to
supervise, direct, or control the Contractor or Contractor's officers or employees in the
means, methods, or details of the work to be performed by Contractor under this Contract.
The City and Contractor agree that the work performed under this Contract is not
inherently dangerous, that Contractor will perform the work in a workmanlike manner, and
that Contractor will take proper care and precautions to ensure the safety of Contractor's
officers and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means
to resolve any disputes that may arise between them regarding this Contract. If either
party disputes any matter relating to this Contract, the parties agree to try in good faith,
before bringing any legal action. to settle the dispute by submitting the matter to mediation
before a third party who will be selected by agreement of the parties. The parties will each
pay one-half of the mediator's fees.
J. Attorney's Fees. Should either party to this Contract bring suit against the other party
for breach of contract or for any other cause relating to this Contract, neither party will
seek or be entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful,
the remainder of the Contract continues to be binding on the parties
IV. FEDERAL UNIFORM REQUIREMENTS
A. Bonding Requirements
Per § 200.326 of Title 2 in the Code of Federal Regulations, construction or facility
improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the
Federal awarding agency or pass -through entity may accept the bonding policy and
requirements of the non -Federal entity provided that the Federal awarding agency or pass -
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through entity has made a determination that the Federal interest is adequately protected.
If such a determination has not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price,
The "bid guarantee" must consist of a firm commitment such as a bid bond, certified
check, or other negotiable instrument accompanying a bid as assurance that the
bidder will, upon acceptance of the bid, execute such contractual documents as
may be required within the time specified.
(b) A performance bond on the part of the contractor for 100 percent of the contract
price. A 'performance bond is one executed in connection with a contract to
secure fulfillment of all the contractor's requirements under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract
price. A "payment bond" is one executed in connection with a contract to assure
payment as required by law of all persons supplying labor and material in the
execution of the work provided for in the contract.
8. Equal Opportunity
Per federal regulations in 41 CFR Part 60-1.4(C)(b), during the performance of this
co itract. the CONTRACTOR:
(1) will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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
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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 CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR
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 CONTRACTOR
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the CONTRACTOR may request the
United States to enter into such litigation to protect the interests of the United States."
C. Davis -Bacon Act
The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours
and Safety Standards Act (40 U.S.C. 327 et seq.) and ail other applicable Federal, state
and local laws and regulations pertaining to labor standards insofar as those acts apply to
the performance of this Agreement. The CONTRACTOR agrees to comply with the
Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of
the U.S. Department of Labor at 29 CFR Part 3. The CONTRACTOR shall maintain
documentation that demonstrates compliance with hour and wage requirements of this
part, Such documentation shall be made available to the Subrecipient for review upon
request.
The CONTRACTOR agrees that, except with respect to the rehabilitation or construction
of residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this contract, shall comply with Federal
requirements adopted by the Subrecipient in 2 CFR Part 200. Appendix II, ¶ D, pertaining
to such contracts and with the applicable requirements of the regulations of the
Department of Labor, under 29 CFR Parts 1. 3, 5 and 7 governing the payment of wages
and ratio of apprentices and trainees to journey workers; provided that, if wage rates
higher than those required under the regulations are imposed by state or local law, nothing
hereunder is intended to relieve the CONTRACTOR of its obligation, if any, to require
payment of the higher wage.
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The CONTRACTOR shall cause or require to be inserted in full, in all such contracts
subject to such regulations, provisions meeting the requirements of this paragraph.
D. Copeland "Anti -Kickback" Act
(1) CONTRACTOR. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR and subcontractor as provided in 29
C.F.R. § 5.12."
E. Contract Work Hours and Safety Standards Act
Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity
in excess of $100,000 that involve the employment of mechanics or laborers must include
a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by
Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F R. Part 200, Appendix II,
§E
Under 40 U.S.C. § 3702, each CONTRACTOR must be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week.
The requirements of 40 U.S.C. § 3704 are appiicable 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 CONTRACTOR 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.
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(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 CONTRACTOR
and any subcontractor responsible therefor shall be liabie for the unpaid wages. In
addition, such CONTRACTOR 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 f01th 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 CONTRACTOR or subcontractor under any
such contract or any other Federal contract with the same prime CONTRACTOR,
or any other federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime CONTRACTOR, such
sums as may be determined to be necessary to satisfy any liabilities of such
CONTRACTOR or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The CONTRACTOR 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 CONTRACTOR 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."
F. 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 parties, 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
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than the Tennessee Valley Authority, and any contractor for the performance of
experimental, developmental, or research work funded in whole or to 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.
G. Debarment and Suspension.
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
S25,000.
(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
S25,000.
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 CONTRACTOR is required to verify that none of the CONTRACTOR,
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its principals (defined at 2 G.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 CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C and must include a requirement to comply with these regulations in
any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by (insert name of
subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the
Texas Division of Emergency Management (TDEM) and/or the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to include
a provision requiring such compliance in its lower tier covered transactions."
H. Certification Regarding Lobbying
The undersigned CONTRACTOR certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
of Congress. or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation. renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. if any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995), Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
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Date
The CONTRACTOR DC -Niel -DP"' i&,\f( INC . 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.
gnature of NTRACTOR's Authorized Official
--pktt.t.tt' cpwce_taks
Name and Title of CONTRACTOR's Authorized Official
4DJ . I. tot �a
I. Byrd Anti -Lobbying Amendment.
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
CONTRACTOR bid for an award of S100,000 or more, the CONTRACTOR 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.
J. Procurement of Recovered Materials.
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,
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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:llwww.epa.govlcpglprodticls.htm,
K. 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 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 CONTRACTOR which are directly
pertinent to this contract for the purposes of making audits, examinations,
excerpts, and transcriptions.
(2) The CONTRACTOR agrees to permit any of the foregoing parties to
�aa _ 11 of 12
DocuSign Envelope ID: 602D49C9-AIA3-46AD-97DE-F2D29AD5603D
reproduce by any means whatsoever or to copy excerpts and transcriptions
as reasonably needed
(3) The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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.0 Chap. 38 (Administrative Remedies
for False Claims and Statements) applies to the contractors actions pertaining to
this contract.
V. SIGNATURES. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND: CONTRACTOR
Clay Pearson
Printed Name — Authorized Official
City Manager
Title
e—DocuSigned by:
etarsow
Signature Signature
cti,t.-6'te Ctl1/41TO-$11,“ .- Ale it•-r EAtti'VC-,A
rinted Name — Authorized Official '1) IvSf�chatekT
tw1L•
711._`tSt,6.3-{
Title
10/25/2022 11:12 PM CDT
Date Signed
Nov , a���
Date Signed
Page 12 of 12
House Bill 89 Verification
I, ?M o--A-► ' 604"cp_ti2JJS (Person name), the undersigned
representative (hereafter referred to as "Representative") of
.PaRt4.1-T 'Dt Lit La() m k "t' r1(
(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.
E OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this / io
day ofU ,20.r.
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SHAM BUiTERFRAS
Now! P+ablik, State Of Texas
Gamin. Exp. 04 12-2025
Wary IRA ?45609•E
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i< L� 6,d_e
Notary Public