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HomeMy WebLinkAboutPR 22577: CONTRACT WITH JQUAD PLANNING GROUP Ask City of `: 111. I rlftur Texas INTEROFFICE MEMORANDUM Date: September 13, 2022 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Pam Langford, Development Services Manager RE: P. R. #22577 Introduction: The intent of this Agenda Item is to seek the City Council's approval of P. R. #22577 to approve a contract with JQUAD Planning Group. JQUAD will assist the Grants Management division with administering the HOME Investment Partnership American Rescue Plan Program(HOME-ARP). The contract will not exceed$50,000. Background: The Department of Housing and Urban Development has allocated $1,000,453 from the Home Investment Partnership American Rescue Plan Program(HOME -ARP)to the City of Port Arthur. The purpose of the funding is to serve households at the greatest risk of housing instability, including individuals and families experiencing homelessness and at imminent risk of becoming homeless. Budget Impact: The funding source is# 108-13-033-5420-00-40-000; PROJECT#HMEARP-GRE-PRO. Recommendation: It is recommended that City Council approve P. R. #22577. Ciro of TCm 40.1l nrt rtkttr Tetas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 8, 2022 To: Mayor and City Councilmembers Cc: City Manager, City Attorney From: Sherry Vital, Assistant City Attorney ,lk,0-*:\\).3-°1 RE: P.R. 22577, FUNDING SOURCE IN ACCOUNT NO. 108-13-033-5420-00- 40-000; PROJECT#HMEARP-GRE-PRO. The above referenced resolution references using funds appropriated under section 3205 of the American Rescue Plan Act of 2021 (P.L. 117-2) ("ARP") for the HOME Investment Partnerships Program (HOME). ARP has specific procurement and funding guidelines. Staff should ensure that the proposed uses comply with all ARP procurement and federal funding guidelines. Confirmation from staff has been received the contract meets the criteria of ARP project funding. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P.R. No. 22577 08/25/2022 MEE RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE (1)YEAR CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND JQUAD PLANNING GROUP LLC OF PLANO, TEXAS, FOR CONSULTING SERVICES FOR THE CITY'S HOME-ARP GRANT IN AN AMOUNT NOT TO EXCEED$50,000. FUNDS AVAILABLE IN ACCOUNT # 108-13-033-5420-00-40-000; PROJECT#HMEARP-GRE-PRO WHEREAS,the Department of Housing and Urban Development has allocated $1,000,453 from the Home Investment Partnership American Rescue Plan Program(HOME - ARP)to the City of Port Arthur. The purpose of the funding is to serve households at the greatest risk of housing instability, including individuals and families experiencing homelessness and at imminent risk of becoming homeless; and, WHEREAS, the Purchasing Division of the Finance Department advertised for requests for proposals in the Port Arthur News on July 9,2022, and July 16, 2022, with three proposals being received on August 3, 2022; and, WHEREAS,the most responsive proposal was submitted by JQUAD Planning Group of Plano, Texas (tabulation with a description of items attached hereto as Attachment"A"); and, WHEREAS, JQUAD Planning Group of Plano, Texas, was the lowest and most responsive bid for$24,480 for Phase II and $85.00/hour for Phase III for a one year contract with an option to renew for one additional year. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble are true and correct. THAT the City Manager is hereby authorized and directed to execute on behalf of the City Of Port Arthur a one-year contract with the option to renew for one additional one- year period with JQUAD Planning Group of Plano, Texas for the not to exceed the amount of $50,000, in substantially the same form as attached hereto as Exhibit"B". THAT a copy of the caption of this Resolution is spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of September, A.D., 2022, at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor: Bartie: NOES: Thurman"Bill"Bartie, Mayor ATTEST: SHERRIE BELLARD, CITY SECRETARY APP,' OVED AS TO FORM: L_ J VAL TIZENO, CITY ATTORNEY APPROVED FOR ADMINISTRATION: RONALD BURTON, CITY MANAGER CLI ON WILLIAMS, CPPB PURCHASING MANAGER PAMELA LANGFORD, ASSISTANT CITY MANAGER APPROVED FOR AVAILABILI OF FUNDS kvA KANDY DANI L, INTERIM FINANCE DIRECTOR EXHIBIT "A" l v ,44)4. .!.... tr aw N ,.r 71. M M ^�. r Ca L W U +.. C U Z, ' ei:Z.' 0 0V O ^ U M 00 M M tri 7 M M — CI L -. .S L �, im = .: J L. AJ .• C 4 d E © cc L. L.. c Ci C N ,, "C c.) to PO a o X x v' U c tz:J r-, Q E 3 - .. r r, ii 1 -o s a'.o J I = •c l s Z.' RJ f. J y v = Q Hi ..I EXHIBIT "B" STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § This Agreement for Professional Services("Agreement")is made by and between the City of Port Arthur, Texas, a Texas home-rule municipality located in Jefferson County, Texas ("City"), and JQUAD Planning Group ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto(the"Effective Date")and shall continue for a period of One(1)year with the option to renew for one additional year. Professional shall commence work once the Notice to Proceed is issued by the City. 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. 2.4 Upon notice of termination by Professional or City, Professional shall immediately surrender all project documents produced by Professional and its subcontractors up to and including the date on which termination notice was given. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled"Scope of Services." In case of conflict with the language of Exhibit A and the provisions of this Agreement,the provisions of this Agreement shall control. Any additional services require the prior approval of the City Council of the City. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the "Schedule"), which is attached hereto and incorporated as Exhibit A. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five(5)business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Page 2 of 11 City of Port Arthur, Texas Professional Services Agreement Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in ExhibitA and in accordance with the Rate Schedule in an amount not to exceed$50,000 for said services. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period,the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, interne, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that are unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement,nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time.Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates,(a copy of the Rate Schedule is attached hereto as Exhibit A),and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment,telephones,facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of Port Arthur, Texas Attention: Ron Burton, City Manager 444 4th Street Port Arthur, Texas 77640-1089 Page 4 of 11 City of Port Arthur, Texas Professional Services Agreement A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1)by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of$1,000,000 per claim, $1,000,000 annual aggregate NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+or better as assigned by A.M. Best Company or equivalent. Page 5 of 11 City of Port Arthur, Texas Professional Services Agreement Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings,written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. Page 6 of 11 City of Port Arthur, Texas Professional Services Agreement 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining to a period of time following the termination of this Agreement shall survive termination, including,but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Ron Burton, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Val Tizeno, City Attorney If intended for Professional: JQUAD Planning Group, LLC 6010 West Spring Creek Parkway Plano, Texas Attn: James Gilleylen, President 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. Page 7 of 11 City of Port Arthur, Texas Professional Services Agreement 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional,its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,SUITS,COSTS (INCLUDING COURT COSTS,REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information"means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public,proprietary or confidential nature including,without limitation,information pertaining to customer lists, services, methods,processes and operating procedures, together with all analyses,compilations, studies or other documents,whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and(2)the terms of this Agreement are not intended to release,either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] Page 9 of 11 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2022. CITY: CITY OF PORT ARTHUR,TEXAS, A Texas home-rule municipality, By: Ron Burton,City Manager ATTEST: Sherri Bellard,City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney EXECUTED this day of , 2022. PROFESSIONAL: (company) JQUAD Planning Group By: , Vice President Page 10of11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services / Schedule Page 11 of 11 City of Port Arthur, Texas Professional Services Agreement -CITY OF PORT ARTHUR,TEXAS ntht".— ADDENDUM NO. ONE (1) Tr Ad, July 26,2022 BID FOR: HOME AMERICAN RESCUE PLAN IMPLEMENTATION CONSULTING The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows addressing questions asked 1. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, August 3, 2022. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday,August 3,2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Climb Williams, CPPB Purchasing Manager Signature of Proposer Date Company Vendor Name THURMAN BILL BARTIE,MAYOR ,g, � RONALD BURTON Ene INGRID HOLMES.,MAYOR PRO TEM City of = co, CITY MANAGER COUNCIL MEMBERS: /I \` �J SHERRI BELLARD,TRMC DONALD FRANK,SR. CITY SECRETARY CAL JONES n r t r t It u r THOMAS KINLAW III VAL TIZENO KENNETH MARKS Texas CITY ATTORNEY CHARLOTTE MOSES July 25, 2022 REQUEST FOR PROPOSAL HOME AMERICAN RESCUE PLAN IMPLEMENTATION CONSULTING DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, July 27, 2022. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, July 27, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P22-078 DELIVERY ADDRESS: Please submit one (1) original and five (5) exact duplicate copies and USB of your RFP to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Request for Proposal should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. eflottfrP Clifton Williams, CPPB Purchasing Manager Page 2 of 33 REQUESTS FOR PROPOSALS HOME AMERICAN RESCUE PLAN IMPLEMENTATION CONSULTING (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid,we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 33 ATTACHMENT ONE:SCOPE OF SERVICES: HOME AMERICAN RESCUE PLAN IMPLEMENTATION CONSULTING PHASE II IMPLEMENTATION CONSULTING Support Consultation and Project Identification • Capacity Building and Pre-Application Workshops • Refine City priority needs and eligible activities for ARP based on HUD Review of HOME ARP Plan • Provide pre-proposal technical assistance to potential applicant- site control,program design • Assist in the RFP Process and establish criteria for evaluation of projects and funding Support Public Engagement Plan • Continue individual and group consultation public and private agencies, developers, nonprofits, foundations and government partners, fair housing, Perform Evaluations of Project Submission's compliance with HUD required HOME ARP Allocation Plan • Evaluate proposals and request for funding for activities under the HOME ARP Allocation Plan • Evaluate how proposed application for funding addresses gap analysis, current inventory, service delivery system presented in the approved HOME ARP Allocation Plan • Evaluate project submissions based on response to characteristics of housing, stability, characteristics, unmet needs, addressing unmet needs/insufficiencies • Identified responsiveness to increased risk of homelessness,other populations at risk- children,working poor,unemployed, young adults and college students • Evaluate proposals based priority needs for funding based on HOME ARP Allocation Plan • Evaluate RFP responsiveness to addressing gap needs and delivery system issues proposed Implementation and Recommendation of Projects and Funding for HUD Required HOME ARP Activities • Create solicitation and evaluation of proposals • Assist with selection of providers, contractors, developers and sub recipients • Evaluate proposed production goals, qualifying populations, preferences (veterans and income), leveraging resources • Effectiveness and responsiveness of proposed activities to be funded • Evaluate request for funding and reasonableness Support HOME ARP Plan Public Hearing and Approval • Reasonable notice and publication— Request for Proposals, Project Evaluation and Selection • City Council review of proposals and contracts to be awarded on ARP plan Note: Phase II Consulting Services will be performed based on a fixed price for all services and deliverables proposed.All responses must specify a dollar amount for services in PHASE II. PHASE III Program Administration Support • Project Delivery Support and Oversight • Evaluation of performance, regulatory oversight, HUD reporting Note: Phase Ill Consulting Services will be performed at the City's Discretion and Request. All responses must specify an hourly rate rather than a proposed dollar amount. Page 2 of 11 1. EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list if needed may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the qualifications, past performance, project approach, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: Experience 30 Work Performance 30 Capacity to Perform 20 Proposed Cost 20 Total 100 2. City staff shall recommend the most qualified Bidder to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon, the selected Bidder shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful, the City shall enter into negotiations with the next, highest ranked Bidder. The process shall continue until an agreement is reached with a qualified Bidder. 5. This RFQ does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process)that might affect the City's judgment as to the appropriateness of an award to the best evaluated proposer. This information may be appended to the proposal evaluation process results. Page 4 of 33 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual,to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP,you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or approve award of the proposal. Page 5 of 33 MAYOR:THURMAN BARTIE COUNCIL MEMBERS: INGRID HOLMES; CAL JONES., MAYOR PRO TEM; THOMAS KINLAW; KENNETH MARKS; CHARLOTTE MOSES CITY STAFF City Manger: Ron Burton Assistant to City Manager: Pamela Langford Interim Director of Finance: Kandy Daniels Director of Development Services: Pamela Langford Director of Utility Operations: Calvin Matthews Director of Public Works: Flozelle Roberts ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively,beginning with 1. Page 6 of 33 PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: EOC, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act,Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or Page 7 of 33 IA'G' provision is not inserted or is not correctly inserted the Contract shall be otherwise, any such amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. Page 8 of 33 INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount;and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. Page 9 of 33 Tr- PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Proposal Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which offerors are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. A variety of factors may be used in the evaluation of the submitted proposals for this project. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. Discussions may not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other issues and topics concerning the Proposal brought forth by the City of Port Arthur shall be grounds for disqualification. Vendors shall not contact any City of Port Arthur personnel during the proposal process without the express permission from the City's Purchasing Manager. AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission,error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex,age or national origin. Page 10 of 33 APPENDICES RETURN WITH PROPOSAL A. Bid Sheet Yes B. References Yes C. Letter of Interest Yes D. Affidavit Yes E. Conflict of Interest Questionnaire IF NO CONFLICT WRITE Yes NA ON LINE 1 AND SIGN/DATE LINE 7 F. Non Collusion Affidavit Yes G. House Bill 89 Verification Yes H. SB 252 Yes I. MBE Document Yes J. Federal Clauses(1-12) Yes Page 11 of 33 • • • APPENDIX A • HOME AMERICAN RESCUE PLAN IMPLEMENTATION CONSULTING . COST PROPOSAL FORM • Date: July 27,2022 • Please submit all required cost for this project on this form or may submit your own pricing sheet. • PHASE II $24,480 • DESCRIPTION COST • Support Consultation and Project Identification • $ 5,950 Support Public Engagement Plan • $5,950 • Perform Evaluation of Project Submission's Compliance with • HUD required HOME ARP Plan $ 5,950 • Implementation and Recommendations of Projects for Funding $4,930 • Support HOME ARP PLAN Public Hearing and Approval • $1,700 • PHASE III Hourly Rate$85.00 per hour • •• • $ $ $ • r $ • $ • JQUAD PLANNING GROUP,LLC 6010 West Spring Creek • COMPANY NAME STREET ADDRESS • • ATURE OF BIDDER P.O. BOX • James Gilleylen Plano Texas 75024 • PRINT OR TYPE NAME CITY STATE ZIP • President 214 533 9028 • • TITLE AREA CODE TELEPHONE NO gilleylenj@jquad.com 4111 • EMAIL FAX NO. • Page 12 of 33 • • • • APPENDIX B • LETTER OF INTEREST • • • RFP—HOME AMERICAN RESCUE PLAN IMPLEMENTATION CONSULTING • The undersigned firm submits the following information (this RFP submittal) in response to the • Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to provide Home American Rescue Plan Implementation Consulting Services for the City of Port • Arthur, TX. Enclosed, and by this reference incorporated herein and made a part of this RFP, are • the following: • ❖ Completed Bid Sheet . ❖ Completed RFP Letter of Interest Form ❖ Completed Affidavit • ❖ Completed Conflict of Interest Form • ❖ Completed Non Collusion Affidavit • ❖ House Bill 89 Verification • ❖ SB 252 • ❖ MBE Document • ❖ Federal Clauses (1-12) Firm understands that the City is not bound to select any firm for the final pre-qualified list and may • reject any responses submitted. • Firm also understands that all costs and expenses incurred by it in preparing this RFP and • participating in this process will be borne solely by the firm, and that the required materials to be • submitted will become the property of the City and will not be returned. • Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing • this letter of interest and making the RFP submittal. • This RFP shall be governed by and construed in all respects according to the laws of the State of • Texas. • JQUAD PLANNING GROUP,LLC July 31,2022 Firm Name Date • 6010 West Spring Creek Parkway Plano,Texas 75024 • Address City/State/Zip • President • Authorized Signature Title James Gilleylen 214 533 9028 • Name(please print) Telephone • gilleylenj@jquad.com • • Email • Page 13 of 33 • • • • • • APPENDIX C • VENDOR REFERENCES • • Please list at least three (3) companies or governmental agencies where the same or • similar products and/or services as contained in this specification package were recently • provided. THIS FORM MUST BE RETURNED WITH YOUR BID. • • REFERENCE ONE • • Government/Company Name: City of Shreveport, LA Community Development Dept. e' Address: 410 Texas Street, Shreveport, Louisiana 71101 • Contact Person and Title: Bonnie Moore, Director • Phone: 318 673 5900 Fax: •• Contract Period: July 1, 2022 - Current Scope of Work: HOME ARP Plan Consulting • REFERENCE TWO • • Government/Company Name: City of Fort Smith, AR Community Development Dept. 011 Address: 623 Garrison Avenue, Fort Smith, AR 72901 Contact Person and Title: Candyce Gabucci, Director Phone: 479 784 2456 Fax: Contract Period: January 2021 - Current Scope of Work: HOME ARP Plan Consulting r REFERENCE THREE • Government/Company Name: • Address: Contact Person and Title: Bailey Noland, Director • • Phone: 501 340 5342 Fax: Contract Period: November 2021 - Current Scope of Work: HOME ARP Plan Consulting • OFFEROR MUST RETURN THIS PAGE WITH OFFER • Page 14 of 33 • • • • • AFFIDAVIT • • All pages in Offeror's Responses containing statements, letters • authorized officer of the company whose signature is binding. • The undersigned offers and agrees to one of the following: • • X I hereby certify that I do not have outstanding debts v • further agree to pay succeeding debts as they become due. • I hereby certify that I do have outstanding debts with the • pay said debts prior to execution of this agreement. I further agre become due. • I hereby certify that I do have outstanding debts with thf • enter into an agreement for the payment of said debts. I further they become due. 40 JQUAD PLANNING GROUP,LLC 41 Firm Name • 6010 West Spring Creek Parkway • Address • Author' Signature • James Gilleylen • Name(please print) gillevlen i(a)iq uad.com • • Email • STATE: '--Q-•iCt S • COUNTY: D a l cl S • • SUBSCRIBED AND SWORN to before me by the above names • • on this the JL'11 day of Z�S , 20_ • • Nota RETURN THIS AFFIDAVIT AS PART OF T • • Page 15 of 33 411 APPENDIX E • NONE JQUAD PLANNING GROUP, LLC • CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ fit For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg.,Regular session. OFFICE USE ONLY • This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later 010 than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. • J Name of or pho has a business relationship with local governmental entity. 4410 / J ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which • you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of ocal government officer about whom the information is being disclosed. N4— Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A).Also describe any family relationship with the local government officer. • Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. • 410 • A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. • other than investment income,from the vendor? • El Yes Ti No • B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the • local governmental entity? n Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. C nCheck this box if the vendor has given the local government officer or afamily member of the officer one or more gifts • I as described in Section 176.003( (B), excluding gifts described in Section 176.003(a-1) • J 4 i ure of vendor doing business with the governmental entity Date 411 Form provided by Texas Ethics Commission www.ethics.state,tx.us Revised 11/30/2015 • 410 40 Page 16 of 33 411 IP • • • • CONFLICT OF INTEREST QUESTIONNAIRE • For vendor doing business with local governmental entity • Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ • Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Codes 176.001(1-a):"Business relationship"means a connection between two or more parties • based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an • agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or • (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. • Local Government Code§176.003(a)(2)(A)and(B): (1114 (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: • (2) the vendor: (A) has an employment or other business relationship with the local government officer or a • family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period • preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or • (ii) the local governmental entity is considering entering into a contract with the • vendor; (B) has given to the local government officer or a family member of the officer one or more gifts • that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or • (ii) the local governmental entity is considering entering into a contract with the vendor. • Local Government Code§176.006(a)and(a-1) 9111 (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: • (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); • (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any r gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals • or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: • (A) of an employment or other business relationship with a local government officer,or a • family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or • (C) of a family relationship with a local government officer. • • Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 • • • • • Page 17 of 33 • • • • • APPENDIX F • CITY OF PORT ARTHUR,TEXAS • NON-COLLUSION AFFIDAVIT • •• CITY OF PORT ARTHUR • STATE OF TEXAS § • By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor • communicated directly or indirectly the bid made to any competitor or any other person • • engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to • the development and submission of this bid proposal. • • Signature: • Printed Name: James Gilleylen • Title: President • Company: JQUAD PLANNING GROUP, LLC Date: July 28,2022 • • SUBSCRIBED and sworn to before me by the rgaaei+ � -t �l'..l�z���' ' on • Val this the day of �-�6 , 20 22-. My cVanommessia s enc sion Expiresia • 11/24/2025 .mil Notary ID 133463278 • Notary Public in and forthe • State of Texas My commission expires: I \ 2� 2O2 • r • • • • Page 18 of 33 • • • • APPENDIX G • House Bill 89 Verification • • James Gilleylen • I, (Person name), the undersigned • 014 representative (hereafter referred to as "Representative") of C JQUAD PLANNING GROUP, LLC (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 f term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas r- Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE F REPRESENTATIVE • SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this J vks-\ day of 7-`6 , 20 2" - • Vanessa Valencia • My Comm11/24ission/2025 Exrires 410 Nota 133467 27ID8 0 Notary Public • Page 19 of 33 d • • APPENDIX H • • SB 252 CHAPTER 2252 CERTIFICATION r I, James Gilleylen , the undersigned an representative JQUAD PLANNING GROUP, LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that • the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section • �•, 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- 4114 named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan C or any Foreign Terrorist Organization, I will immediately notify the City of Port • Arthur Purchasing Department. • James Gilleylen 010 Name of Company Representative (Print) • .6/( A Signature of Company Representative • 414 August 2,2022 410 Date • • • 111) Page 20 of 33 40 it ..,- _ . .. • • • • APPENDIX I • • MBE DOCUMENT • By signing this document the contractor is acknowledging that if a subcontractor is required the following will be done to make a good faith effort to hire a minority business (DBE). • • 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F.R. § 200.321(b)(1). • • 2. Solicitations. Must assure that it solicits small and minority businesses and women's business • enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2). • 3. Dividing Requirements. Must 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. 2 C.F.R. § 200.321(b)(3). • 4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which • encourage participation by small and minority businesses and women's business enterprises. 2 • C.F.R. § 200.321(b)(4). • 5. Obtaining Assistance. Must 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. 2 C.F.R. § 200.321(b)(5). • James Gilleylen 41• (printed name of signatory) • . gust 2, 2022 • (signature and date) • • 40 • • • • • • • • Page 21 of 33 • i • • • APPENDIX J • • • • • • • • • • • FEDERAL • • �• CLAUSES • s • w w w • • w w w w w APage 22 of 33 A • • • • • • 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES • The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the • Federal Government in or approval of the solicitation or award of the underlying contract, absent • the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Owner, Contractor, or 411/ any other party (whether or not a party to that contract)pertaining to any matter resulting from the • underlying contract. • It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. • • • James Gilleylen • • (printed name of signatory) • • �, — August 2, 2022 • signature and date) • • • • • • • • • • • • • • • • • • • • 40 Page 23 of 33 • • • • • • 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS • 31 U.S.C. 3801 et seq. • • Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as 4110 amended, 31 U.S.C. § 3801 et seq., "Administrative Remedies for False Claims and Statements," apply to its actions pertaining to this Project. Upon execution of the underlying contract, the 5 Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, • it may make, or causes to be made, pertaining to the underlying contract for which this contract • work is being performed. In addition to other penalties that may be applicable,the Contractor further acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent claim,statement, • submission, or certification, the Federal Government reserves the right to impose the penalties of • the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal • Government deems appropriate. • • • James Gilleylen • • (printed name of signatory) • �• August 2,2022 • ( ature and date) • • • • • • • 4111 • • • • • 0114 Page 24 of 33 • • • • • 3. ACCESS TO RECORDS AND REPORTS • • The following access to records requirements apply to this contract: • • (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), 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 contract for the purposes of making • audits, examinations, excerpts, and transcriptions. • (2) The 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) The 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." • • • • • James Gilleylen • • (printed name of signatory) • • • August 2, 2022 • (signature and date) • • • • • • • • • • • • • • Page 25 of 33 • • • • • 4. EQUAL EMPLOYMENT OPPORTUNITY • 29 CFR Part 1630, 41 CFR Parts 60 et seq. • During the performance of this contract,the contractor agrees as follows: • (1) The contractor 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. 41 (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. 411 . (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 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 portion 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 or 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." • • James Gilleylen • . (printed name of signatory) • • August 2,2022 • signature and date) A • • Page 26 of 33 • • • • • 5. GOVERNMENT-WIDE SUSPENSION AND DEBARMENT • • By signing and submitting its bid or proposal, the bidder or proposer agrees to comply with the • following: • (1) 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,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 (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(name of state agency • serving as recipient and name of subrecipient), the Federal Government may pursue available • remedies, including but not limited to suspension and/or debarment. • (4) 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. • • James Gilleylen • (printed name of signatory) • • August 2, 2022 • (signature and date) • • • • • • • • • • • Page 27 of 33 • • • • • 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT • 29 CFR§ 5.5(b) • (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-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 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 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 forth in paragraph (1)of this section. • • (3)Withholding for unpaid wages and liquidated damages—The Owner 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 -Contractor or subcontractor shall insert in any subcontracts 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 • (1)through (4)of this section. • • James Gilleylen • (printed name of signatory) • • • August 2,2022 • ignature and date) • • • Page 28 of 33 • • • • • 7. LOBBYING • Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) 110 • Contractors who apply or bid for an award of$100,000 or more 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. • APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING • • Certification for Contracts,Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) • • 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. § (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to the required certification shall be subject to a ID civil penalty of not less than $10,000 and not more than $100,000 for each such failure. • ID Page 29 of 33 • • • • • • • The Contractor, JOUAD PLANNING GROUP LLC, certifies or affirms the truthfulness and • accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq apply to this certification and • disclosure, if any. • • • Executed this 2nd day of August ,2022_ • • • By • Signature of B. der Contractor / contractor's Authorized Official • •• James Gilleylen, President • Printed Name of Bidder/Contractor /Subcontractor's Authorized Official • • • President • • Title of Authorized Official • • • • • • • • • • • • • • • • • • Page 30 of 33 • 0 • • • • • 8. CLEAN AIR 42 U.S.C. § 7401 et seq. • Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each • violation to the Owner and understands and agrees that the Owner will, in turn, report each • violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. • Contractor also agrees to include these requirements in each subcontract exceeding $150,000 • financed in whole or in part with Federal assistance provided by FEMA. • • James Gilleylen • • (printed name of signatory) • S--"-----//le,N-August 2,2022 111 • (signature and date) • • 9. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 et seq. • • Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report • each violation as required to assure notification to the State of Texas, Federal Emergency • Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 • financed in whole or in part with Federal assistance provided by FEMA. • • • James Gilleylen • (printed name of signatory) • • agust 2,2022 • (signature and date) • • Page 31 of 33 • • S 10. PROCUREMENT OF RECOVERED • MATERIALS • 42 U.S.C. 6962 • (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— • (i) Competitively within a timeframe providing for compliance with the contract performance . schedule; (ii) Meeting contract performance requirements; or • • (iii) At a reasonable price. • (2) Information about this requirement,along with the list of EPA-designate items, is available at • EPA's Comprehensive Procurement Guidelines web site, • https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. iJames Gilleylen • • (printed name of signatory) • August 2,2022 (signature and date) • • 11. DEPARTMENT OF HOMELAND SECURITY SEAL,LOGO,AND FLAGS • The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses • of DHS agency officials without specific FEMA pre- approval • James Gilleylen • • (printed name of signatory) •i August 2, 2022 • (signature and date) • • •• Page 32 of 33 • • • • 12. COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE 41 ORDERS 40 410 This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. • The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 41 • James Gilleylen (printed name of signatory) August 2,2022 • (signature and date) • • 40 111 • 00 • • S • • 01 • 40 10 S 01 ® Page 33 of 33 S •