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R2023-248 2023-10-09RESOLUTION NO. R2023-248 A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Joiner Architects Incorporated, for architectural design services associated with the Emergency Supply Warehouse Project, in the estimated amount of $184,131.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for architectural design services associated the Emergency Supply Warehouse Project, 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 architectural design services associated with the Emergency Supply Warehouse Project. PASSED, APPROVED and ADOPTED this the 9th day of October, A.D., 2023. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 8C3F1B40-79F0-4FFF-B918-2DC67EA8ECD2 Exhibit A PROFESSIONAL SERVICES CONTRACT NO. 0523-02 ARCHITECTURAL DESIGN AND ENGINERING EMERGENCY SUPPLY WAREHOUSE THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation (“City”) and Contractor (“Contractor"), as follows: Contractor: JOINER ARCHITECTS, INC 700 Rockmead Drive, Suite 265 KINGWOOD, TX 77339-2191 Unique Entity Identifier: EC8PXX6QFHB7 EIN Number: Description of Services: Architectural Design and Engineering Services Emergency Supply Warehouse Contract Amount: Award Date: Renewals: None Start Date: End Date: 09/30/2025 Resolution No/Bid No: $184,131 09/25/2023 10/01/2023 R2023-248_ _ RFQ No. 0523-02 ADDITIONAL CONTRACT DOCUMENTS: 1.Attachment A: Scope of Work – Contractor/Consultant Proposal 2.Attachment B: Cost Details 3.Attachment C: Insurance Requirements 4. Attachment D: SAM.gov and/or State Comptroller Non-Debarment Verification Incorporated by Reference Only: •City of Pearland RFQ 0523-02: Advertisement and Solicitation Documents (ALL) •City of Pearland RFQ 0523-02: Contractor’s Bid/Proposal Response City of Pearland 3519 Liberty Drive Pearland, TX 77581 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Joiner Architects, INC. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as the Emergency Supply Warehouse, City of Pearland Project No. FA 2410. 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 design and documentation of the Emergency Supply Warehouse, which will include complete Architectural, Civil, Structural, Landscape, and Cost Estimation services. See Attachment A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. B.The CONSULTANT shall also conduct its business in accordance with the last amended RFQ #0523-02 Emergency Supply Warehouse, and all of the conditions set forth therein, unless otherwise negotiated and agreed upon herein. C.The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D.The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E.The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F.The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors 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 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A (2)Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3)Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4)Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers’ Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits (“Change in Coverage”) except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT’S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. Attachment C provides an overview of insurance requirements. G.The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H.All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end September 30, 2025. SECTION III - CONSULTANT'S COMPENSATION A.The total compensation for the services performed shall not exceed the total noted in Section B and shall be subject to the budget specifications outlined in Attachment B. 3 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A 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: Basic Proposed Services $117,540 Additional Services (Not to Exceed) $ 14,391 Bid Phase Services (Hourly – Not to Exceed) $5,300 Construction Administration (Hourly – Not to Exceed) $42,400 Reimbursables (Not to Exceed) $4,500 Total Services $184,131 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 No cost-reimbursement allowances are included in this agreement. Scope and costs are limited to the CONSULTANT’s work and compensation as agreed upon herein, as noted in Attachment A. SECTION IV - THE CITY'S RESPONSIBILITIES A.The CITY shall designate a project manager during the term of this CONTRACT, in addition to the CITY Grants & Special Projects Administrator. The Grants & Special Projects Administrator has the authority to administer this CONTRACT and shall jointly monitor compliance with all terms and conditions stated herein, with the project manager. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the Grants & Special Projects Administrator AND the project manager. B The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the 4 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT’S status as an independent contractor of the CITY. SECTION V - TERMINATION A.The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at: 2600 South Shore Blvd., Suite 300, League City, TX 77573. 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 15th day following termination of the CONTRACT. C.In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D.If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the actual services completed by the CONSULTANT based upon the scope of work. E.In the event this CONTRACT is terminated, the CITY shall have the option of completing the work or entering into a CONTRACT with another party for the completion of the work. F.If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney’s fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI – ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. 5 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A 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 60-1.4(C)(b), during the performance of this contract, the CONSULTANT: (1)will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The CONSULTANT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4)The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5)The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6)In the event of the CONSULTANT’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONSULTANT may be declared ineligible 6 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7)The CONSULTANT will include the option of the sentence immediately preceding paragraph (1)and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor 01' vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States." Davis-Bacon Act Not Applicable for Non-Construction Copeland “Anti-Kickback” Act (1)CONSULTANT. The CONSULTANT shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2)Subcontracts. The CONSULTANT or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal government may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3)Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CONSULTANT and subcontractor as provided in 29 C.F.R. § 5.12." Contract Work Hours and Safety Standards Act Applicability: This requirement applies to all federal grant and cooperative agreement programs. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $1 00,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, § E. Under 40 U.S.C. § 3702, each CONSULTANT must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, 7 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: (1)Overtime requirements. The CONSULTANT nor subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the CONSULTANT and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONSULTANT and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set f01th in paragraph (l) of this section. (3)Withholding for unpaid wages and liquidated damages. The City of Pearland upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONSULTANT or subcontractor under any such contract or any other Federal contract with the same prime CONSULTANT, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONSULTANT, such sums as may be determined to be necessary to satisfy any liabilities of such CONSULTANT or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4)Subcontracts. The CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households - Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of "funding agreement." If a FEMA award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the non- Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding 8 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A the substitution of patties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non-Federal entity must comply with the requirements of 37 C.F. R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II, § F. The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of pm ties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. Debarment and Suspension. Applicability: This requirement applies to all federal grant and cooperative agreement programs. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension). These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, § I; and Chapter N, § 6.d and Appendix C, § 2. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of patties debarred, suspended, or otherwise excluded by agencies, as well as patties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV, § 6.d and Appendix C, § 2. 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. 9 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) 01' disqualified (defined at 2 C.F.R. § 180.935). The CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by Joiner Architects, INC. 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 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 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 10 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A 11 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A (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/prodtlcls.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 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 CONSULTANT agrees to the City of Pearland, Texas Division of Emergency Management (TDEM), the FEMA Administrator, the Comptroller General of the United States, and the Secretary of the U.S. Treasury, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3)The CONSULTANT agrees to provide the federal government or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." Seals, Logos, and Flags. The CONSULTANT shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of any federal, State or local agency without specific pre-approval from any such agency; particularly, as it relates to DHS Standard Terms and Conditions, v 3.0, § XXV (2013). Compliance with Federal Law, Regulations, and Executive Orders. 12 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A 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 – OTHER STATUTORY REQUIREMENTS A.Texas Government Code - Chapter 2271. Prohibition on Contracts with Companies that Boycott Israel. By signing this Agreement, the CONSULTANT certifies that, if it is a company with at least 10 full-time employees and has a value of at least $100,000 that is paid wholly or partly from public funds, that it: a.does not boycott Israel; and b.will not boycott Israel during the term of the contract. B.Texas Government Code - Chapter 2274. Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries. By signing this Agreement, the CONSULTANT certifies that, if it is a company with at least 10 full-time employees and has a value of at least $100,000 that is paid wholly or partly from public funds, that it: a.does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and b.will not discriminate during the term of the contract against a firearm entity or firearm trade association. C.Texas Government Code - Chapter 2276. Prohibition on Contracts with Companies Boycotting Certain Energy Companies. By signing this Agreement, the CONSULTANT certifies that, if it is a company with at least 10 full-time employees and has a value of at least $100,000 that is paid wholly or partly from public funds, that it: a.does not boycott energy companies; and b. will not boycott energy companies during the term of the contract. SECTION X – SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. SECTION XI – 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 13 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A 14 DocuSign Envelope ID: 4B1C5297-C257-4EE5-94D3-2B855124C81A 10/16/2023 | 11:51 AM CDT