HomeMy WebLinkAboutPR 21675: PAYMENT OF GENERATOR RENTAL FOR LUMBER SHELTER OPERATIONS City of
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Texas
INTEROFFICE MEMORANDUM
Office of the Fire Chief
Date: November 13, 2020
To: Ron Burton, City Manager
From: Robert L. Havens, Deputy Fire Chief
RE: Payment of Generator Rental for Lumber Shelter Operations
Nature of the Request:
This request recommends that the City of Port Arthur pay for the mobilization, rental and
demobilization cost associated with the rental of generators to provide emergency power to the
Lumberton shelter operation related to Hurricane Laura. The total cost incurred was in the
amount of$74,044.27
Staff Analysis, Considerations:
During Hurricane Laura, the City requested that the City of Port Neches activate their pre-
disaster push package for emergency generators for the Lumberton shelter operation. This was
done with the agreement that the City of Port Arthur would cover any cost associated with the
activity since the City of Port Neches was not going to utilize the Lumberton shelter facilities.
The primary entity that did use the Lumberton shelter facility, Texas A&M Task Force 1 Search
and Rescue components, has indicated that they would provide full reimbursement to the City of
Port Arthur for the associated cost of the rental of the generators provided we pay the initial
invoice for the rental and the appropriate documentation is submitted for reimbursment. All
requested documentation has been compiled.
Recommendations:
The Fire Department recommends the approval of payment for the rental of the generators.
Budget Considerations:
This payment will be cost neutral. The City of Port Arthur will receive full reimbursement from
Texas A&M Task Force 1 once proof of payment and the rest of the appropriate documentation
has been provided.
"Remember we are here to serve the Citizens of Port Arthur"
P. O. BOX 1089 * PORT ARTHUR,TEXAS 77641-1089 * 409/983-8101 *FAX 409/982-6743
P.R. No. 21675
11-16-20 rlh
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY CERES
ENVIRONMENTAL SERVICES, INC. OF BROOKLYN PARK, MINNESOTA
FOR THE MOBILIZATION,USE,AND DEMOBILIZATION OF EMERGENCY
GENERATORS USED DURING THE HURRICANE LAURA SHELTER
OPERATIONS IN THE AMOUNT OF $74,044.27; FUNDING AVAILABLE IN
ACCOUNT NO. 156-2300-901.51-00.
WHEREAS, during Hurricane Laura, the City requested that the City of Port Neches activate
their pre-disaster push package for emergency generators for the Lumberton Shelter Operation; and
WHEREAS,this was done with the agreement that the City of Port Arthur would cover any cost
associated with the activity since the City of Port Neches was not going to utilize the Lumberton Shelter
Facilities; and
WHEREAS, Texas A&M Task Force 1 Search and Rescue component, will provide full
reimbursement to the City of Port Arthur for the associated cost of the rental of the generators; and
WHEREAS, funds are available in account number 156-2300-901.51-00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council authorize the City Manager to pay Ceres Environmental
Services, Inc. of Brooklyn Park, Minnesota for the mobilization, use, and demobilization of emergency
generators used during the Hurricane Laura shelter operation in the amount of $74,044.27, attached
hereto as Exhibit"A".
Section 3. That a copy of the Resolution shall be spread upon the Minutes of the City Council.
READ,ADOPTED AND APPROVED on this day of A.D., 2020, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno,/Ci y Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
APPROVED AS TO AVAILABILITY F FUNDS:
_ 10C4A ,,, Y
Kandy D ni , Interim Finance D rector
/ / i,
C 6i J,-
Clifton Williams, 'urchasing Manager
EXHIBIT "A"
10/19/2020 Mail-Robert Havens-Outlook
[NON-CoPA] Fwd: Invoice for generators used during Hurricane Laura in Lumberton
Paul Nelson <pnelson@ci.port-neches.tx.us>
Mon 10/19/2020 12:13 PM
To: Robert Havens <robert.havens@portarthurtx.gov>
Louie, here is what Texas Task Force 1 sent me. I will forward invoices and other document to you.
Sent from my iPhone
Begin forwarded message:
From: Jeff Saunders <Jeff.Saunders@teex.tamu.edu>
Date: September 25, 2020 at 4:52:48 PM CDT
To: Paul Nelson <PNelson@ci.port-neches.tx.us>
Cc: Andre' Wimer <AWimer@ci.port-neches.tx.us>, Taylor Shelton <TShelton@ci.port-
neches.tx.us>, Debbie Patranella <Debbie.Patranella@teex.tamu.edu>, Ashley Lewis
<Ashley.Lewis@teex.tamu.edu>, Warren Weidler <Warren.Weidler@teex.tamu.edu>
Subject: RE: Invoice for generators used during Hurricane Laura in Lumberton
Good morning Chief,
TDEM confirmed that we can get reimbursed for the expense of the generator for the time TX-TF1
occupying the Dome in Lumberton. What we will need to get reimbursed for our expense are the
source documents that Port Neches would submit for public assistance. Please provide the
following:
• Original contract for the generator push package
• Delivery and pickup rental agreement forms
• Proof of payment per the original contract
• An invoice to the task force
I have included Debbie Patranella and Ashley Lewis on this email. Debbie is our Business Manager
and will be working with your finance personnel because I am probably forgetting something.
Regards,
Jeff B. Saunders I Director I Sponsoring Agency Chief
TEEX I Texas A&M Engineering Extension Service
Texas A&M Task Force 1 I Administration
P.O. Box 40006 I College Station, TX 77842-4006
Phone Number(979)458-3683 I Cell (979)229-3683 I Fax (979)458-4693 I www.teex.org
TEEX I TX-TF1
101 Gateway, Suite B
College Station, TX 77845
www.texastaskforce1.org
https://outlook.office365.com/mail/inbox/id/AAQkAGMwZjRIYzOwLTASNzgtNDE30C04ZDRkLWFINWRhZmVhMjBjYQAQAHCciER4FozZOtkyjQCbEjK... 1/2
10/19/2020 Mail-Robert Havens-Outlook
r _
From: Paul Nelson <PNelson@ci.port-neches.tx.us>
Sent: Wednesday, September 23, 2020 4:56 PM
To:Jeff Saunders<Jeff.Saunders@teex.tamu.edu>
Cc: Andre' Wimer<AWimer@ci.port-neches.tx.us>;Taylor Shelton <TShelton@ci.port-neches.tx.us>
Subject: Invoice for generators used during Hurricane Laura in Lumberton
Good afternoon Jeff,
I was given your name by Carman Apple as a point of contact for Texas Task Force 1. Its my
understanding that TTF 1 was at the Lumberton Dome (along with some other entities) before,
during and after Hurricane Laura. The generators that were used to power the dome, were part of
our push package if we were to have used the dome. Unfortunately, the Cities of Port Neches,
Groves, Nederland or Port Arthur did not use the dome and we are needing to see who I need to
send the invoice to. Can you please advise me who I should contact? Thanks for your help.
Paul Nelson, MS, CFO, EFO
Fire Chief/EMC
Port Neches Fire Department
608-770-1529
This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to
report this email as spam.
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,
INVOICE ERE
From : Ceres Environmental Services, Inc.
6968 Professional Parkway East
Sarasota, FL 34240
Phone: 800-218-4424
Fax: 763-493-9103
Bill to: City of Port Neches, Texas
1005 Merriman Street
Port Neches,TX 77651
Contract: 3941-City of Port Neches TX 2020
Customer Ref Invoice Date A•plication Invoice# Due Date Terms
09/17/20 1 116618 09/17/20 Due Upon Receipt
Invoice Period:08.26.20-08.28.20
Unit Units Retention Amount
CLIN# Description Price Billed Held Billed
1.0 500 kw generator, including all necessary cabling 6,337.20 9.00 0.00 57,034.80
2.0 350 kw generator, including all necessary cabling 4,104.49 3.00 0.00 12,313.47
3.0 Personnel and equipment to hook up generator 62.00 8.00 0.00 496.00
4.0a Delivery Charge-500 kw generator 850.00 3.00 0.00 2,550.00
4.0b Pickup Charge-500 kw generator 250.00 3.00 0.00 750.00
5.0a Delivery Charge-350 kw generator 650.00 1.00 0.00 650.00
5.0b Pickup Charge-350 kw generator 250.00 1.00 0.00 250.00
Remit to Address Total 74,044.27
Ceres Environmental Services, Inc. Plus Sales Tax: 0.00
3825 85th Avenue North
Brooklyn Park, MN 55443 Less Retainage: 0.00
Total Due This Invoice : 74,044.27
Page 1 of 1
HOLT, CAT RENTAL INVOICE
INVOICE NUMBER: R1ES33036010
Invoice Date: 08-25-20
P.O. Box 207916
San Antonio, TX 78220-7916 TOTAL DUE
Bill To: Due Date: UPON RECEIPT
Make: AA
CERES ENVIRONMENTAL SERVICES Model: XQ500N
3825 85TH AVE N STE 101 Serial#: X5M00464
BROOKLYN PARK MN 55443-2059 Machine#:
Machine ID: ELK141441
Meter Rerawno
Ship To: Agreement Inv#: G3303601
LUMBERTON HIGH SCHOOL
103 SOUTH L.H.S. DRIVE TO VIEW ONLINE GO TO: https://holtcat.billtrust.com
LUMBERTON, TEXAS USING THIS TOKEN: Use Invoice Number
KARL DIX 813-508-5839 PLEASE REMIT TO:HOLT QAT
P.O.BOX 650345
DALLAS,TX 75265-0345
For questions regarding your invoice-Call your rep or our Sales Manager at 210.648.8407
I Customer# I Customer Order# Doc Date Sales Representative Division (Store Account Status
0245391 08-25-20 918 E ES 1
Quantity Item Description Unit Price/Rate Extension
CUSTOMER CONTACT: KARL DIX
EQUIPMENT RENTAL FROM 08/25/20 THRU 08/31/20
CATERPILLAR INC MODEL XQ500N
DIESEL RENTAL GENSET
1. 0 ID NO: ELK141441 SERIAL NO: X5M00464
PIN: *CATPMC15AX5M00464*
EQUIPMENT RENTAL FROM 08/25/20 THRU 08/31/20
CATERPILLAR INC MODEL XQ500N
DIESEL RENTAL GENSET
1. 0 ID NO: ELK141445 SERIAL NO: X5M00469
PIN: *CATPMC15TX5M00469*
EQUIPMENT RENTAL FROM 08/25/20 THRU 08/31/20
CATERPILLAR INC MODEL XQ35ON
DIESEL RENTAL GENSET
1. 0 ID NO: ELK130757 SERIAL NO: X3M00389
EQUIPMENT RENTAL FROM 08/25/20 THRU 08/31/20
CATERPILLAR INC MODEL XQ50ON
DIESEL RENTAL GENSET
1. 0 ID NO: ELK121439 SERIAL NO: X5M00261
PIN: *CATPMC15CX5M00261*
EQUIPMENT RENTAL FROM 08/25/20 THRU 08/31/20
OTHER NON CAT MODEL CABLE
CABLE
1. 0 ID NO: CAHLE4/06 SERIAL NO: CABLE4/06
CONT'D
Fuel service charges do not include Texas State motor fuel taxes.'-NOT RETURNABLE
Your business is important to us and we strive to be your dealership of choice.Our goal is to provide legendary customer service.
If we did not score a 10 on a scale of 1 to 10,please contact cx.manager@holtcat.com.
Terms of Payment:Unless specific terms of payment are stated above,which shall then be the governing terms hereof,this invoice shalt otherwise be due and payable as follows:Parts and Service 30
days from the invoice date;Equipment sales in advance,prior to delivery of the equipment;Rentals due and payable upon receipt of invoice.A service charge of 1.5%per month will be charged on the
unpaid balance If not paid within terms.
(c)HOLT,Tx Ltd Page 1 of 2
E141NVEMS v18.08
HOLT CAT RENTAL INVOICE
INVOICE NUMBER: RIES33036010
Irvoice Dale: 08-25-20
P.Q. Box 207916
San Antonio, TX 78220-7916 TOTAL DUE
Sill To Due Date: UPON RECEIPT
Make: AA
CERES ENVIRONMENTAL SERVICES Model: XQ500N
3825 85TH AVE N STE 101 Serial#: X5M00464
BROOKLYN PARK MN 55443-2059 Machine#:
Machine ID: ELK141441
Meter Reading:
Ship To: Agreement Inv#: G3303601
LUMBERTON HIGH SCHOOL
103 SOUTH L.M.S. DRIVE TO VIEW ONLINE GO TO: https://holtcat.billtrust.com
LUMBERTON, TEXAS USING THIS TOKEN: Use Invoice Number
KARL DIX 813-508-5839 PLEASE REMIT TO: HOLT CAT
P.O.BOX 650345
DALLAS,TX 75265-0345
For questions regarding your invoice-Call your rep or our Sales Manager at 210.648.8407
Customer# Customer Order# Doc Date Sales Representative Division Store Account Status
0245391 08-25-20 918 E ES 1
Quantity Item Description Unit Price/Rate Extension
1. 0 ENVIRONMENTAL FE
DHEI TAX
TERP TAX
DELIVERY CHARGE
RETURN FREIGHT CHARGE
TX SALES TAX-SA
CITY SLS TAX(1.25%)
MTA SALES TAX (0.5%)
TRANS-ATD TAX(0 .25%)
CACI' ON RECEIPT
1:21'1 421 r\ -PIA, 11
Rent
Misc.
Tax
TOTAL DUE (USD)
Fuel service charges do not Include Texas State motor fuel taxes. NOT RETURNABLE
Your business is Important to us and we strive to be your dealership of choice.Our goal Is to provide legendary customer service.
If we did not score a 10 on a scale of 1 to 10,please contact cx.manager@holtcat.com.
Terms of Payment:Unless specific terms of payment are stated above,which shall then be the governing terms hereof,this invoice shall otherwise be due and payable as follows:Parts and Service 30
days from the invoice date;Equipment sales in advance,prior to delivery of the equipment;Rentals due and payable upon receipt of invoice.A service charge of 1 5%per month will be charged on the
unpaid balance if not paid within terms.
(c)HOLT,Tx Ltd
Page 2 of 2
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SOUTH CONTROL NC., f (8.79�5
CENTRAL PONY NEW SRAUNFELS, TX 78132
FHONE 830-629-2675 • FAX 830-629-2672
EXPRESS, INC. DOT-13 020p P.O. # PO D �5" (
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NOT RESPONSISLE FOR FREIGHT CLAIMS AFTER 72 HOURS
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according to the applicable regulations of the Department of Transportation.
EMERGENCY RESPONSE NUMBER
DEBRIS REMOVAL SERVICES
EMERGENCY RESPONSE PRODUCTS, EQUIPMENT, AND SERVICES AGREEMENT
BETWEEN
THE CITY OF PORT NECHES
AND
CERES ENVIRONMENTAL SERVICES, INC.
TABLE OF CONTENTS
ARTICLE 1 — EFFECTIVE DATE/TERM 3
ARTICLE 2 —SERVICES TO BE PERFORMED BY CONTRACTOR 4
ARTICLE 3 —COMPENSATION 4
ARTICLE 4— INSURANCE 5
ARTICLE 5 —SURVIVAL 5
ARTICLE 6— INDEMNIFICATION 5
ARTICLE 7— INDEPENDENT COMPANY 5
ARTICLE 8—SUB-CONTRACTING 5
ARTICLE 9— FEDERAL AND STATE TAXES 6
ARTICLE 10—GOVERNMENT'S RESPONSIBILITIES 6
ARTICLE 11 -TERMINATION OF AGREEMENT 6
ARTICLE 12 — UNCONTROLLABLE FORCES (FORCE MAJURE) 6
ARTICLE 13 —GOVERNING LAW AND VENUE 6
ARTICLE 14—NON-DISCRIMINATION 7
ARTICLE 15—WAIVER 7
ARTICLE 16—SEVERABILITY 7
ARTICLE 17— ENTIRETY OF AGREEMENT 7
ARTICLE 18— MODIFICATION 7
ARTICLE 19—SUCCESSORS AND ASSIGNS 8
ARTICLE 20— NOTICE 8
ARTICLE 21 — ESCALATION CLAUSE 8
ARTICLE 22 —TASK ORDER/PERFORMANCE 9
ARTICLE 23—FEMA MANDATED CONTRACT CLAUSES 9
REQUEST FOR PROPOSALS, DEBRIS REMOVAL SERVICES/EMERGENCY RESPONSE PRODUCTS,
EQUIPMENT, AND SERVICES— EXHIBIT A 10
CONTRACTOR'S RESPONSE TO RFP— EXHIBIT B 11
FEMA MANDATED CONTRACT CLAUSES—EXHIBIT C
Page 2 of 9
This AGREEMENT is between the City of Port Neches, a municipal corporation, (hereinafter
referred to as GOVERNMENT) and Ceres Environmental Services, Inc. (hereinafter referred to as
CONTRACTOR). The GOVERNMENT requires certain services to assist in disaster response and
recovery, and CONTRACTOR is prepared to provide such services as are agreed to in this
document. The parties agree as follows:
WHEREAS, the GOVERNMENT lies on the coast of the State of Texas and as such may
experience massive destruction wrought by the impact of hurricane landfall, violent storms,
spawning tornados as well as other natural and/or manmade disasters ("Events"); and
WHEREAS, it is foreseen that it may be necessary to provide for debris management and/or
disaster recovery technical assistance, and emergency response products, equipment, and
services to appointed and elected officials of the GOVERNMENT resulting from these Events;
and
WHEREAS, the GOVERNMENT AGREEMENT describes in detail the nature and extent of the
disaster debris removal and disposal services, and emergency response products, equipment,
and services that may be necessary; and
WHEREAS, the GOVERNMENT AGREEMENT was competitively solicited and provides pricing for
services in accordance with the specific unit prices; and
WHEREAS, the GOVERNMENT wishes to engage the CONTRACTOR to provide the services in
accordance with the GOVERNMENT AGREEMENT unit prices; and
WHEREAS, the CONTRACTOR has agreed to perform the services for the GOVERNMENT in
accordance with the terms, pricing, and conditions of this AGREEMENT, Exhibits hereto, the
GOVERNMENT'S Request for Proposals for Debris Removal Services and Emergency Response
Products, Equipment, and Services, and the Contractor's submission in response to said
Request for Proposals, including the specific GOVERNMENT unit prices set for therein for the
services; and
WHEREAS, this AGREEMENT shall be valid through June 30, 2022 from the date hereof and this
AGREEMENT may be extended for an additional two (2) year period (July 1, 2022 — June 30,
2024) with mutual concurrence of both parties.
NOW THEREFORE, receipt and sufficiency of which is hereby acknowledged, along with the
promises of mutual covenants and obligations herein contained, and subject to the terms and
conditions herein stated, the parties hereto understand and agree as follows:
ARTICLE 1 — EFFECTIVE DATE/TERM
The effective date of this AGREEMENT shall be July 1, 2020.
Page 3 of 9
The term of the AGREEMENT shall not exceed four (4) years which includes the initial two (2)
year term and the optional two (2) year extension.
ARTICLE 2 —SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR shall perform the services as stated in the Request for Proposals attached to this
document, as Exhibit A and the Request for Proposals response attached to this document, as
Exhibit B, which is incorporated by reference as part of this AGREEMENT, as may be specifically
authorized by the GOVERNMENT. Such authorization will be referred to as Task Orders. Each
Task Order will set forth a specific scope of services, rate/amount of compensation, estimated
completion date, and other pertinent details of the task being authorized.
ARTICLE 3 —COMPENSATION
GOVERNMENT shall pay CONTRACTOR in accordance with Exhibit B except that such charges
shall not exceed the amount determined to be reimbursable as established by the Federal
Emergency Management Agency (FEMA) based upon the AGREEMENT. If needed, additional
compensation may be negotiated as a lump sum or not-to-exceed amount for any Task Order
containing a task covered by the scope of work of this AGREEMENT, but to which the Fee
Schedule cannot readily be applied.
CONTRACTOR may submit weekly or semi-monthly invoices for services rendered. Invoices
must reference the Task Order number. CONTRACTOR shall be paid within thirty (30) days of
submitting a complete invoice upon verification and approval by FEMA staff. If there are any
items in dispute, CONTRACTOR will be paid for those items not in dispute, and disputed items
will be resolved as expeditiously as possible, and paid within ten (10) days of resolution. A fee
for late payment will be billed at 1% per month for any amount not paid within thirty (30) days.
Payment of CONTRACTOR by GOVERNMENT is not contingent upon the GOVERNMENT being
reimbursed by the Federal or State agency, except as provided in Article S. Payment to
CONTRACTOR will be made for any work directed by the GOVERNMENT.
All invoices shall be delivered to the appropriate GOVERNMENT representative at:
City Manager
City of Port Neches
P.O. Box 758
Port Neches, TX 77651
Page 4 of 9
ARTICLE 4— INSURANCE
CONTRACTOR shall maintain the insurance limits specified in the Request for Proposals, Exhibit
A.
CONTRACTOR shall provide GOVERNMENT a Certificate of Insurance evidencing such coverage.
On each policy of insurance required under this AGREEMENT, the City of Port Neches, the City
of Nederland, and the City of Groves shall be a named additional insured.
ARTICLE 5 —SURVIVAL
Upon completion of all services, obligations and duties provided for in this AGREEMENT, or in
the event of termination of this AGREEMENT for any reason, the terms and conditions of this
AGREEMENT shall survive.
ARTICLE 6— INDEMNIFICATION
The CONTRACTOR shall save harmless the GOVERNMENT from all claims and liability due to
activities of himself, his agents, or employees, performed under this contract and which to
the extent result from an negligent act, error or omission of the CONTRACTOR or of any
person employed by the CONTRACTOR. The CONTRACTOR shall also save harmless the
GOVERNMENT from all expenses, including attorney fees which might be incurred by the
GOVERNMENT in litigation or otherwise resisting said claims or liabilities which might be
imposed on the GOVERNMENT as result of such activities by the CONTRACTOR, his agents, or
employees.
ARTICLE 7— INDEPENDENT COMPANY
CONTRACTOR undertakes performance of the services as an independent company and shall be
wholly responsible for the methods of performance. GOVERNMENT shall have no rights to
supervise the methods used, but GOVERNMENT shall have the right to observe such
performance. CONTRACTOR shall work closely with GOVERNMENT in performing services
under this AGREEMENT. Notwithstanding the preceding, CONTRACTOR shall provide all
materials, supplies, equipment, maintenance, fuel, personnel, and other necessities directly
related to completion of the project. CONTRACTOR shall review with the GOVERNMENT
periodically the sufficiency of equipment, personnel, etc. and CONTRACTOR shall adjust the
necessity of same as mutually agreed upon.
ARTICLE 8—SUB-CONTRACTING
It is understood that CONTRACTOR may use its own forces and those of sub-contractors and
consultants as required to perform the work. When subcontracting, CONTRACTOR will attempt
to locate qualified local companies and individuals, in accordance with the Robert T. Stafford
Act and local ordinances. All sub-contractors shall meet and comply with all applicable FEMA
Page 5 of 9
regulations and guidelines so as to ensure that all work is eligible for FEMA reimbursement and
CONTRACTOR shall be responsible for ensuring such compliance. Should CONTRACTOR allow
sub-contractors to work which are not in conformance with FEMA regulations and guidelines,
GOVERNMENT shall not be responsible for any costs associated with such work. Prior to
entering into any agreement with such subcontractors or consultants, and prior to performing
any work by such subcontractor or consultant, CONTRACTOR shall require such subcontractor
or consultant to maintain adequate insurance for all work to be performed by such
subcontractor or consultant.
ARTICLE 9— FEDERAL AND STATE TAXES
The GOVERNMENT is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the GOVERNMENT will provide an exemption certificate to CONTRACTOR.
ARTCLE 10—GOVERNMENT'S RESPONSIBILITIES
GOVERNMENT shall be responsible for providing access to all project sites, and providing
information required by CONTRACTOR that is available in the files of the GOVERNMENT.
ARTICLE 11—TERMINATION OF AGREEMENT
Termination of this AGREEMENT shall be in accordance with the stipulations provided in the
Request for Proposals, Exhibit A.
ARTICLE 12— UNCONTROLLABLE FORCES (FORCE MAJURE)
Neither the GOVERNMENT nor CONTRACTOR shall be considered to be in default of this
AGREEMENT if delays in or failure of performance shall be due to Uncontrollable Forces, the
effect of which, by the exercise of reasonable diligence, the non-performing party could not
avoid. The terms "Uncontrollable Forces" shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this AGREEMENT and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited to
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
economic dislocations, and governmental actions. The nonperforming party shall, within a
reasonable time of being prevented or delayed by performance by an uncontrollable force,
given written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this AGREEMENT.
ARTICLE 13—GOVERNING LAW AND VENUE
This AGREEMENT shall be governed by the laws of the State of Texas and is performable in
Jefferson County, Texas.
Page 6 of 9
ARTICLE 14— NON-DISCRIMINATION
CONTRACTOR shall comply with all State and Federal laws prohibiting discrimination in hiring
employment opportunities and CONTRACTOR shall not discriminate against any employee,
applicant for employment, or any other person because of race, color, religious creed, ancestry,
national origin, age, sex, or handicap.
ARTICLE 15—WAIVER
A waiver by either GOVERNMENT or CONTRACTOR of any breach of this AGREEMENT shall not
be binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights with respect to any other or
further breach. The making or acceptance of a payment by either party with knowledge of the
existence of a default or breach shall not operate or be construed to operate as a waiver of any
subsequent default or breach.
ARTICLE 16— SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this AGREEMENT, or the
occurrence of any event rendering any portion or provision of this AGREEMENT void, shall in no
way affect the validity or enforceability of any other portion or provision of the AGREEMENT.
Any void provision shall be deemed severed from the AGREEMENT and the balance of the
AGREEMENT shall be construed and enforced as if the AGREEMENT did not contain the
particular portion or provision held to be void. The parties further agree to reform the
AGREEMENT to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision. The provisions of this section shall not prevent
the entire AGREEMENT from being void should a provision which is of the essence of the
AGREEMENT be determined to be void.
ARTICLE 17 - ENTIRETY OF AGREEMENT
The GOVERNMENT and CONTRACTOR agree that this AGREEMENT with Exhibits A and B, sets
forth the entire AGREEMENT between the parties, and there are no promises or understandings
other than those stated herein. This AGREEMENT supersedes all prior contracts, contracts,
representations, negotiations, letters or other communications between the GOVERNMENT
and CONTRACTOR pertaining to the services, whether written or oral. None of the provisions,
terms and conditions contained in this AGREEMENT may be added to, modified, superseded or
otherwise altered except by written instrument executed by the parties hereto.
ARTICLE 18— MODIFICATION
The AGREEMENT may be modified in writing by an Amendment executed by both
GOVERNMENT and CONTRACTOR.
Page 7 of 9
ARTICLE 19—SUCCESSORS AND ASSIGNS
GOVERNMENT to the extent permitted by law and CONTRACTOR each binds itself and its
partners, successors, assigns and legal representatives to the other party to this AGREEMENT
and to the partners, successors, executors, administrators, assigns, and legal representatives.
CONTRACTOR shall not assign this AGREEMENT without the express written approval of the
GOVERNMENT via executed amendment.
ARTICLE 20— NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person or sent by certified mail, postage prepaid as follows:
As To GOVERNMENT
City Manager
City of Port Neches
P.O. Box 758
Port Neches, TX 77651
As To CONTRACTOR
Ceres Environmental Services, Inc.
TIA LAURIE, Corporate Secretary
6968 Professional Parkway East
Sarasota, FL 34240
Notices shall be effective when received at the addresses as specified above. Changes in the
respective addresses to which such notice is to be directed may be made from time to time by
either party with written notice to the other party. Facsimile transmission is acceptable notice
effective when received, however, facsimile transmissions received (i.e.; printed) after 5:00
p.m. or on weekends or holidays, will be deemed received on the next business day. The
original of the notice must additionally be mailed as required herein. Nothing contained in this
Article shall be construed to restrict the transmission of routine communications between
representatives of CONTRACTOR and GOVERNMENT.
ARTICLE 21— ESCALATION CLAUSE
Any modifications to the pricing included in the AGREEMENT shall be made in accordance with
the stipulations provided in the Request for Proposals, Exhibit A.
Page 8 of 9
ARTICLE 22—TASK ORDER/PERFORMANCE
Task Orders shall be executed bilaterally and the scope of services and format of Task Order
shall be mutually agreed to the CONTRACTOR and GOVERNMENT.
ARTICLE 23—FEMA MANDATED CONTRACT CLAUSES
Pursuant to 2 CFR §200.326 and other FEMA guidelines, and to the extent applicable to the
work and services performed by CONTRACTOR for GOVERNMENT under this AGREEMENT, the
clauses set forth on the attached Exhibit C form part of this Agreement and are adopted and
incorporated herein by reference.
In Witness Whereof, the City of Port Neches and Ceres Environmental Services, Inc. have
executed this AGREEMENT all as of the day and year firsi above written.
CITY OF PORT NECHES CONTRACTOR
Signature: C Signature: l, �Gj��C.
Title: City Manager Title: (7/6,-por-rfr' S' 4 e'/
Date: 67/�/a,z_9 Date: 6/l vPU,2 l__1
� LATTEST. l�(/l ATTEST: 1
I
Title: City Secretary Title: /�.G{ tivt. rl
Approved: 71L _—
Pete Steele,City Attorney
Page 9 of 9
EXHIBIT A
REQUEST FOR PROPOSALS
DEBRIS REMOVAL SERVICES
EMERGENCY RESPONSE PRODUCTS, EQUIPMENT, AND SERVICES
CITIES OF PORT NECHES, NEDERLAND, AND GROVES
EXHIBIT B
CONTRACTOR'S RESPONSE TO RFP
r � �
EXHIBIT C
FEMA MANDATED CONTRACT CLAUSES
If applicable to the work and services being performed by CONTRACTOR under the parties'
AGREEMENT, the following provisions are adopted and form part of this AGREEMENT:
A. LIQUIDATED DAMAGES (2 CFR §200.326 Appendix II to Part 200 (A))
1. All work to be performed under this AGREEMENT shall be timely commenced. As a
breach of this AGREEMENT would cause substantial delay in the completion of the
required services affecting the safety and welfare of the public, the parties adopt the
following liquidated damages clause.
2. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing
the impossibility of precisely ascertaining the amount of damages that will be sustained
by the GOVERNMENT as a consequence of such delay in performance. CONTRACTOR
acknowledges and agrees that damages to GOVERNMENT from untimely performance
are extremely difficult to determine, and accordingly, the CONTRACTOR agrees that the
amount of liquidated damages provided for herein is the nearest and most exact
measure of damages for such delays.
(a) Failure of the CONTRACTOR to meet the mobilization requirements under this
AGREEMENT: $500.00 per calendar day.
3. The GOVERNMENT is authorized to deduct liquidated damage amounts from the monies
due to CONTRACTOR for the work under this AGREEMENT, or as much thereof as the
GOVERNMENT may, at its own option, deem just and reasonable.
B. TERMINATION RIGHTS (2 CFR §200.326 Appendix II to Part 200 (B))
See attached Requests for Proposals at page 9, Section 1.19 and page 26, Section 3.4,
subparagraph 8 (Exhibit A).
C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II to Part 200 (C))
If applicable to the work and services performed by CONTRACTOR under the AGREEMENT,
during the performance of the AGREEMENT, CONTRACTOR shall comply with the Equal
Employment Opportunity Clause (41 CFR 60-1.4(b)):
1. CONTRACTOR will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. CONTRACTOR will take
7
in, or is threatened with, litigation with a subcontractor or contractor 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 interest of the United States.
D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK" ACT (2 CFR §200.326 Appendix II to
Part 200 (D))
If applicable to the work and services performed by CONTRACTOR under the parties'
AGREEMENT:
1. Bacon-Davis Act: Applicable to construction or repair of public buildings or public works.
see FEMA Public Assistance Program and Policy Guide, Ch.2(V)(G)(2), page 32 (FP 104-
009-2/January 2016);
2. Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act, CONTRACTOR
shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented
by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States"). The Act provides that the contractor and subcontractor must be
prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which
he or she is otherwise entitled. The GOVERNMENT must report all suspected or
reported violations to the appropriate Federal agency.
If applicable to the work and services performed by CONTRACTOR under the parties'
AGREEMENT:
(a) 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
AGREEMENT.
(b) CONTRACTOR or subcontractor shall insert in any subcontract the clause above and such
other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier
subcontract with all of these contract clauses.
(c) A breach of the AGREEMENT clause above may be grounds for termination of the
AGREEMENT, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. §5.12.
' I ,-
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. 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. 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. CONTRACTOR will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other agreement 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. 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. 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 Labor
for purpose 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 AGREEMENT or with any of the said rules, regulations or orders, this AGREEMENT
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 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. CONTRACTOR will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of subparagraphs 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 or contractor. 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 CONTRACTOR becomes involved
r
E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR §200.326 Appendix II to Part
200 (E)) (40 U.S.C. 3701-3708)
Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor and its subcontractors
shall 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.
1. Overtime requirements. No contractor or 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-
halftimes 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 (I) of this section the contractor and any subcontractor
responsible therefor shall be liable 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 (I) 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 forth in paragraph (I) of this section.
3. Withholding for unpaid wages and liquidated damages. The GOVERNMENT shall 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 and subcontractor shall insert in any subcontract the
clauses set forth in paragraphs (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 (6) through (4) of this section.
F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (2 CFR §200.326
Appendix II to Part 200 (F))
If applicable to the work and services performed by CONTRACTOR under the parties'
AGREEMENT and if the Federal award meets the definition of "funding agreement" under
37 CFR §401.2 (a) and the GOVERNMENT 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 GOVERNMENT must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business."
G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2 CFR §200.326 Appendix
II to Part 200 (G))
CONTRACTOR shall comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, (42 U.S.C. 7401et seq.) and the Federal Water
Pollution Control Act, as amended, (33 U.S.C. 1251et seq). The CONTRACTOR agrees to
report each violation to the Texas Division of Emergency Management and the
GOVERNMENT and understands and agrees that the Texas Division of Emergency
Management or the GOVERNMENT will, in turn, report each violation to FEMA and the
appropriate Environmental Protection Agency Regional Office.
CONTRACTOR shall include the foregoing requirements in each subcontract exceeding
$150,000 financial in whole or in part with Federal assistance provided by FEMA.
H. ENERGY EFFICIENCY AND CONSERVATION (2 CFR §200.326 Appendix II to Part 200 (H))
If applicable to the work and services performed by CONTRACTOR under the parties'
AGREEMENT, CONTRACTOR shall comply with the mandatory standards and policies of the
state regulation promulgated in accordance with the Energy Policy and Conservation Act (42
U.S.C. § 6201).
I. DEBARMENT AND SUSPENSION (2 CFR §200.326 Appendix II to Part 200 (I))
1. This AGREEMENT 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,
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) or disqualified (defined at 2 C.F.R.
§ 180.935).
2. 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.
3. This certification is a material representation of fact relied upon by GOVERNMENT. 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 GOVERNMENT,
the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
4. The CONTRACTOR 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 AGREEMENT is valid and throughout the
period of performance. The CONTRACTOR further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
See also Request for Proposals at Attachment D (Exhibit A).
J. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. Section 1352 (as amended))
CONTRACTOR must file with the GOVERNMENT 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 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. If not provided
with the bid response, CONTRACTOR must complete and submit the Certification Regarding
Lobbying Form.
See Request for Proposals at Attachment E (Exhibit A).
K. PROCUREMENT OF RECOVERED MATERIALS (2 CFR §200.326 Appendix II to Part 200 (K) and
2 CFR §200.322)
1. 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:
(a) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(b) Meeting contract performance requirements; or
f
(c) At a reasonable price.
2. Information about this requirement is available at EPA's Comprehensive Procurement
Guidelines web site, http://www.epa.gov/cpg/. Information regarding this requirement
and the list of EPA-designate items is available at
http://www.epa.gov/smm/comprehsive-procurement-guideline-cpg-program.
L. AGREEMENTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2 CFR §200.321)
Should the CONTRACTOR subcontract any of the work under this AGREEMENT,
CONTRACTOR shall take the following affirmative steps: place qualified small and minority
businesses and women's business enterprises on solicitation lists; assure that small and
minority businesses, and women's business enterprises are solicited whenever they are
potential sources; divide total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises; establish delivery schedules, where the requirement
permits, which encourage participation by small and minority businesses, and women's
business enterprises; and use the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
M. ACCESS TO RECORDS
1. CONTRACTOR agrees to provide GOVERNMENT, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives
access to any books, documents, papers, and records of the Contractor which are
directly pertinent to this AGREEMENT for the purposes of making audits, examinations,
excerpts, and transcriptions.
2. CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
3. CONTRACTOR agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being
completed under the contract.
N. SEAL, LOGO AND FLAGS
CONTRACTOR shall not use the U.S. Department of Homeland Security's seal(s), logos,
crests, or reproductions of flags or likenesses of the U.S. Department of Homeland
Security's agency officials without specific FEMA preapproval.
4,
0. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund the
AGREEMENT only. CONTRACTOR will comply will all federal law, regulations, executive
orders, FEMA policies, procedures, and directives. See also Requests for Proposals at page
25, Section 3.4, subparagraph 5.
P. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this AGREEMENT and is not subject to any
obligations or liabilities to GOVERNMENT, CONTRACTOR, or any other party pertaining to
any matter resulting from the contract.
Q. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
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.