Pre-Council Conference November 5, 2024 - 9:30 a.m. MAIN CONFERENCE ROOM - 1ST FLOOR - CITY HALL 1149 ELLSWORTH DRIVE, PASADENA, TX 77506 To discuss any or all of the following items: MAYOR JEFF WAGNER COUNCILMEMBERS  RUBEN VILLARREAL BIANCA VALERIO PAT VAN HOUTE  District A I District B District D  JONATHAN ESTRADA -District E DOLAN DOW ORNALDO YBARRA THOMAS SCHOENBEIN - District H  District F District G  EMMANUEL GUERRERO District C  AGENDA COUNCIL MEETING CITY OF PASADENA, TEXAS CITY COUNCIL CHAMBERS - 1STFLOOR 1149 ELLSWORTH DRIVE, PASADENA, TX 77506 November 5, 2024 - 10:00a.m.  1) CALL TO ORDER 2) ROLL CALL OF MEMBERS  3) INVOCATION - Cristina Womack - President & CEO, Pasadena Chamber of Commerce  4) 5)  PLEDGES OF ALLEGIANCE - Councilmember Emmanuel Guerrero  COMMUNITY INTEREST COMMENTS IN ACCORDANCE WITH CHAPTER 551.0415  OF THE GOVERNMENT CODE; IE.  6 expression of thanks, congratulations, or condolences; information regarding holiday schedules;  an honorary or salutary recognition of a public official, public employee, or ar reminder about an upcoming event organized or sponsored by the governing information regarding a social, ceremonial, or community event; and announcements involving an imminent threat to the public health and safety of people in the political subdivision that has arisen after the posting of the  other citizen; body;  agenda.  Agenda 11-05-24    6) CITIZENS WISHING TO ADDRESS COUNCIL  7) 8) 9)  DOCKETED CITY COUNCIL HEARINGS  PRESENTATION OF PROCLAMATIONS, AWARDS AND COMMUNITY EVENTS  PROPOSALS FOR CITY BUSINESS  10) PRESENTATION OF MINUTES - October 15, 2024 - 6:00 p.m. 11) PRESENTATION OF MINUTES OF SPECIAL MEETINGS  12) CONTRACT CHANGE ORDERS 13) PROGRESS PAYMENTS (A) Contractor: Estimate No.: Five (5) Amount: Project: Project No.:  Boyer, Inc $125,515.71 D049  Large Diameter Storm Sewer Rehab Project  Ordinance No.: 2023-243 (B) Contractor: Estimate No.: Six (6) Amount: Project: Project No.:  Brooks Concrete, Inc. $137,993.45 $141  2024 Annual Sidewalk Improvements  Ordinance No.: 2023-235 Estimate No.: Eight (8)  (C) Contractor: Amount: Project: Project No.:  Christensen Building Group $805,331.35 Pasadena Police Annex Building P010  Ordinance No.: 2023-247 (D) Contractor: Estimate No.: One (1) Amount: Project: Project No.:  DL Glover, Inc. $131,242.50 WW070  2024 Citywide Sanitary Sewer Rehab  Ordinance No.: 2024-093 Estimate No.: Nine (9)  (E) Contractor: Amount: Project: Project No.: Ordinance No.: 2023-171  Doughtie Construction Company, Inc.  $57,040.14 WW046/WW087  Golden Acres WWTP Screen improvements/intluent Line Replacement  Agenda 11-05-24 2    Contractor: Estimate No.: Nine (9) Amount: Project: Project No.:  JC Stonewall Constructors LP $113,470.43 SIM TAC Building P016  Ordinance No.: 2024-006 Estimate No.: Nine (9)  (G) Contractor: Amount: Project: Project No.:  JC Stonewall Constructors LP Police Range Storage Building  $78,609.97 P014  Ordinance No.: 2024-006 Estimate No.: Fourteen (14)  (H) Contractor: Amount: Project: Project No.: Ordinance No.: 2023-015 Contractor: Estimate No.: Seven (7) Amount: Project: Project No.: Ordinance No.: 2024-022 Estimate No.: Seven (7)  JTR Constructors, Inc. $87,523.97 WW083  Vince Bayou WWTP UV Disinfection mprovements  (I)  Mar-Con Services, LLC $295,099.95 $140  2024 Annual Paving & Drainage Improvements  (J) Contractor: Amount: Project: Project No.:  Mar-Con Services, LLC $81,939.82 D062  2024 Annual Paving & Drainage Improvements  Ordinance No.: 2024-022 (K) Contractor: Estimate No.: Two (2) Amount: Project: Project No.:  Mar-Con Services, LLC $526,334.20 D066  Red Bluff Road Drainage improvements  Ordinance No.: 2024-078 Estimate No.: One (1)  (L) Contractor: Amount: Project: Project No.:  Purcell Construction $374,190.75 F011  Demolition & Reconstruction of Fire Station No. 6  Ordinance No.: 2024-112  Agenda 11-05-24 3    (M) Contractor: Amount: Project: Project No.:  SER Construction Partners, LLC  Estimate No.: Five & Final (5)  $9,882.49 W083  Taylor Lake 24-In. By-Pass Waterline Project  Ordinance No.: 2022-165 Estimate No.: Seven (7)  (N) Contractor: Amount: Project: Project No.: Ordinance No.: 2023-141 Estimate No.: Ten (10)  SER Construction Partners, LLC  $3,074,009.73 D048  Cotton Patch Bayou Drainage Improvements  (O) Contractor: Amount: Project: Project No.:  SER Construction Partners, LLC Armand Bayou Upper Reaches Project  $28,537.81 D056  Ordinance No.: 2023-155 Estimate No.: Three (3)  (P) Contractor: Amount: Project: Project No.:  Teamwork Construction Services, Inc. Construction of Median Cut and Cross Overs  $160,502.50 F011/F014  Ordinance No.: 2024-058 Estimate No.: Eight (8)  (Q) Contractor: Amount: Project: Project No.:  Teamwork Construction Services, Inc.  $59,316.54 D042  Browning Subdivision Drainage Improvements  Ordinance No.: 2023-172 (R) Contractor: Estimate No.: Five (5) Amount: Project: Project No.: Ordinance No.: 2023-233 S) Contractor: Estimate No.: Two (2) Amount: Project: Project No.:  Traf-Tex, Inc. $96,845.66 TO19  2024 Traffic Mobility Improvements Project  Way-Tech, Inc. $315,778.38 F014  Construction of Fire Station No. 7  Ordinance No.: 2024-113  Agenda 11-05-24 4    14) FINANCE RESOLUTION NO. 2913 MISC. CLAIMS & INVOICES  15) PERSONNEL CHANGES  (A) REGULAR EMPLOYEES  (B) FINANCE DEPARTMENT EMPLOYEES (C) ADMINISTRATION CHANGES IN PERSONNEL (D) INTRODUCTION OF NEW CITY EMPLOYEES  16) MAYORAL APPOINTMENTS  (A) Appointment of Herman Weber to the Civil Service Commission.  17) CITY BOARDS AND COMMISSIONS REPORTS  18) REPORTS OF COMMITTEES 19) MAYOR'S REPORT  (A) ORDINANCES (1) FINAL READINGS  ORDINANCE 2024-199 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and Daniel Cruz for tennis pro/concessionaire services at the  Harry P. Taylor Tennis Center. (PARKS & RECREATION DEPARTMENT)  ORDINANCE 2024-200 - Authorizing and approving a contract between the City of Pasadena, Texas, and Hancock Pool Services to replaster the Sunset Pool using  BuyBoard Contract #701-23, for a total appropriation of $93,775.00.  (PARKS & RECREATION DEPARTMENT)  ORDINANCE 2024-201 - Authorizing and approving contract between the City of Pasadena, Texas, and Traffic Logix Corp. for purchase of Traffic Speed Cushions for a  period of one year.  (PUBLIC WORKS DEPARTMENT)  ORDINANCE 2024-202 - Authorizing and approving a contract by and between the City of Pasadena, Texas, and DL Glover, Inc. for the Strawberry Road 15" Sanitary Sewer Repair Project (CIP #WW101) for a total appropriation of $685,939.80 from the System  Fund Retained Earnings. (PUBLIC WORKS DEPARTMENT)  Agenda 11-05-24 5    ORDINANCE 2024-203 - Authorizing and approving a contract by and between the City of Pasadena, Texas, and SER Construction Partners, LLC for the Dabney Storm Interconnect Project (CIP #D059) for a total appropriation of $2,537,167.50 from the Community Development Block Grant Funds, The General Fund Balance Account and  the General CIP Fund Balance Account. (PUBLIC WORKS DEPARTMENT)  ORDINANCE 2024-204 - Authorizing and approving a contract by and between the City of Pasadena, Texas and Geoscience Engineering and Testing, Inc. for Materials Testing Services for the Dabney Storm Interconnect Project (CIP #D059) for a total appropriation  $43,576.00 from the General CIP Fund Balance Account.  (PUBLIC WORKS DEPARTMENT)  ORDINANCE 2024-205 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and LJA Engineering, Inc. for Regulatory Compliance, Grant Assistance and related services for a total appropriation of $240,000.00.  (PUBLIC WORKS DEPARTMENT)  ORDINANCE 2024-206 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and LJA Engineering, Inc. for assistance related to the FEMA Community Rating System (CRS) Program and assistance with Flood Control Complaints and Development Permit Inspections for the City of Pasadena for a total appropriation of  $95,000.00.  (PUBLIC WORKS DEPARTMENT)  ORDINANCE 2024-207-A Authorizing a contract with Kim Neal & Associates, LLC through The Interlocal Purchasing System (TIPS) Contract #211001for a Wastewater Department  Canopy extension for a total appropriation of $68,938.00.  (PUBLIC WORKS DEPARTMENT)  ORDINANCE 2024-208 - An Ordinance amending Ordinance 2023-178, Employee Handbook, at Chapter 11, Classification and Compensation, Section 11.10 Longevity Pay, by authorizing the increase of the longevity rate of pay from $120.00 per year for each complete year of service to $132.00 per year for each complete year of service for full-time non-civil service employees. Police Officers will receive longevity on a bi-weekly  basis (Exhibit A). Effective: 11/11/24. (HUMAN RESOURCES)  ORDINANCE 2024-209 - Authorizing and approving to accept a grant award (in the form of a interlocal agreement) from the State Energy Conservation Office (SECO), for the FY24 Energy Efficiency and Conservation Block Grant (EECBG) in the amount of  $250,000.00 to upgrade lighting at Strawberry Park Ball Field areas.  MAINTENANCE SERVICES)  ORDINANCE 2024-210 - An ordinance authorizing the Mayor, on behalf of the Pasadena Police Department, to accept the U.S. Department of. Justice FY2024 COPS Technology and Equipment Program Invitational Grant in the amount of $325,000.00 to fund the Virtual Reality Training System for the Pasadena Police Department provided through  Street Smarts Virtual Reality. (POLICE DEPARTMENT)  Agenda 11-05-24 6    ORDINANCE2024211-An Ordinance approving the solicitation of offers from interested parties wishing to purchase certain City-owned properties located at 602 Witter Street,  604 Witter Street and 606 Witter Street. (PLANNING DEPARTMENT)  ORDINANCE 2024-212 - An Ordinance authorizing and approving the extension of the contract for Professional Services Agreement between the City of Pasadena, Texas, and Concept Engineers, Inc. for a period of one year, approved by Ordinance 2023-164, amended by Ordinance 2024-065. The services rendered are for Professional Consulting Services Related to Construction Management for the City of Pasadena Home  Investment Partnerships Program (Home). (COMMUNITY DEVELOPMENT)  ORDINANCE 2024-213 - An Ordinance approving and authorizing a subrecipient agreement attached hereto as Exhibit "1" by and between the City Of Pasadena, Texas, and Sarah's House to perform certain services and comply with applicable Laws, Rules and Regulations in connection with the disbursement of Community Development Block Grant (CDBG) funds in connection with a public service program operated by Sarah's House to provide homeless shelter services to low- and moderate- income persons; and appropriating the amount of $82,477.80 out of Community Development Block Grant  Account No. 068-Cd136-8548. (COMMUNITY DEVELOPMENT)  ORDINANCE 2024-214 - Agreement with the Bridge Over Troubled Waters, Inc. to provide essential services and/or operational services under the Emergency Solutions  Grant (ESG), $86,076.70. (COMMUNITY DEVELOPMENT)  ORDINANCE 2024-215 - An Ordinance approving and authorizing a commitment by the City Of Pasadena, Texas, Madison Jobe Senior Center by and through its Director/Adminstrator of Leisure/Recreation to perform certain services and comply with applicable Laws, Rules and Regulations in connection with the disbursement of Community Development Block Grant (CDBG) funds in connection with a public service program operated by the Madison Jobe Senior Center to provide transportation services to low- and moderate- income elderly and disabled clients; and appropriating the amount of$95,904.42 out of Community Development Block Grant Account No. 068-Cd136-8505. ORDINANCE 2024-216 - Agreement with the Bridge Over Troubled Waters, Inc. to provide Rapid Response-Housing under the Emergency Solutions Grant (ESG),  (COMMUNITY DEVELOPMENT)  $51,098.95.  (COMMUNITY DEVELOPMENT)  ORDINANCE 2024-217- An Ordinance amending Ordinance 2023-041 which authorized and approved the Pasadena Parks and Recreation Department to sign and agree to the terms of the MD Anderson agreement and add funding for additional park improvements.  (PARKS & RECREATION DEPARTMENT)  Agenda 11-05-24 7    ORDINANCE 2024-218 - An Ordinance authorizing and approving an agreement by and between the City of Pasadena, Texas, and LJA Engineering, Inc. for Phase IMS4 Permit  Compliance assistance for a total appropriation of $140,000.00.  (PUBLIC WORKS DEPARTMENT)  (2) FIRST READINGS  (A) Approving purchases for summer reading incentive giveaways FY2025.  (LIBRARY)  (B) Consideration and possible approval of an Ordinance authorizing the Issuance, Sale and Delivery of City of Pasadena, Texas, General Obligation refunding Bonds, series 2024; approving and authorizing a Purchase Agreement, an Escrow Agreement, and a Paying Agent/Registrar Agreement; approving and authorizing all other instruments and procedures related thereto; delegating authority to certain City Officials to select outstanding bonds to be refunded and approve all final terms of the bonds; and ordaining  other matters relating to the subject. (CITY CONTROLLER) Enterprise, Inc. (POLICE DEPARTMENT)  (C) Authorizing and approving a contract for a five-year purchase agreement with Axon  (D) An Ordinance amending Ordinance 2022-102, AdmanstratonPanning Services Agreement with Grantworks, Inc. for Community Development Block Grant - Disaster Recovery (CDBG-DR) Program fori the 2018/2019 GLO Infrastructure Grant Competition,  toa add recommended language by GLO. (PUBLIC WORKS DEPARTMENT)  (E) Authorizing and approving the continuation of the "Police Officer Hiring Incentive." This program will be administered by the Chief of Police of the Pasadena Police Department to assist in hiring and retention of highly qualified police cadets to attend the Pasadena Police Department's Police Academy. This ordinance would approve the payment of a $10,000.00 hiring/sign-on bonus to qualified police cadets who are hired into the City's Police Department, to be effective January 1, 2025 until December 31,  2026.  (POLICE DEPARTMENT)  (F) Authorizing Police Service Officers with the Pasadena Police Department to receive pay for TCOLE Certification in the amounts of $50.00 for Intermediate Telecommunicator Proficiency Certification, $100.00 for Advanced Telecommunicator Proficiency Certification, and $150.00 for Master Telecommunicator Proficiency Certification. Refer  to exhibit "A" for requirements. (POLICE DEPARTMENT)  (G) Authorizing Education Pay for Pasadena Police Officers in the amount of $50.00 for Associate's Degree, $100.00 for Bachelor's Degree, and $150.00 for Post-Graduate  degree. See exhibit "A" for requirements. (POLICE DEPARTMENT)  Agenda 11-05-24 8    (H) An Ordinance amending Ordinance 2022-082, contract with Binkley & Barield, Inc. for Design Services for multiple Paving & Drainage Projects (CIP #S130, #S131, #S132,  #S135), by reallocating funds among projects. (PUBLIC WORKS DEPARTMENT)  () Authorizing and approving a contract with DVL Enterprises, LLC for the Glenmore Ditch Bridges - Portsmouth Street Bridge Replacement (CIP #S147) for a total appropriation of $805,633.50 from the General CIP Fund Balance Account.  (PUBLIC WORKS DEPARTMENT)  (J) Authorizing and approving agreement with Sirrus Engineers, Inc. for Design Services for Crenshaw Relief Sewer Project (CIP #WW107) for a total appropriation of $99,000.00  from the System Fund Other Charges Operating Account.  (PUBLIC WORKS DEPARTMENT)  (K) An Ordinance amending Ordinance 2023-247, contract with Christensen Building Group, LLC, to allow all contract proceeds earned under said contract be sent to Contractor's Bonding Company, Markel/Suretec Information Systems, Inc.  (PROJECT DEVELOPMENT)  (L) An Ordinance amending Ordinance 2024-069, agreement with Binkley & Barfield, Inc. for Design Services for the Golf Course Parking Improvements (CIP #R074) for an  additional appropriation of $70,000.00 from Account 11700-7107.  (PROJECT DEVELOPMENT)  (M) Accepting a grant totaling $227,500.00 from the Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI) Homeland Security Grant  Program for the Bay Area Bomb Squad (BARBS) sustainment grant.  (EMERGENCY MANAGEMENT)  (N) Authorizing and approving classification and compensation plan for Spanish/Bilingual translators at a rate of two hours of compensatory time perv week. This ordinance replaces  Ordinance 2019-215. (POLICE DEPARTMENT)  (0) Accepting a grant totaling $55,485.87 from the Office of the Governor of Texas for the fiscal year 2024 Urban Area Security initiative (UASI) Homeland Security Grant Program for the Pasadena Public Safety Video Initiative (PSVI) sustainment grant. (P) Accepting a grant totaling $44,846.00 from the Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI) Homeland Security Grant Program for the Pasadena Emergency Operations Center (EOC) sustainment grant. (Q) Accepting a grant totaling $140,786.00 from the Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI) Homeland Security Grant Program for the Pasadena Regional Intelligence Center Analyst Personnel sustainment  EMERGENCY MANAGEMENT)  (EMERGENCY MANAGEMENT)  grant.  (EMERGENCY MANAGEMENT)  Agenda 11-05-24 9    (R) Authorizing and approving a contract for the purchase of 13 vehicles from Silsbee  Ford.  MAINTENANCE SERVICES)  (S) Authorizing and approving a contract to purchase 26 vehicles from Lake Country  Chevrolet.  MAINTENANCE SERVICES)  (T) An Ordinance authorizing and approving the application for the FY24 Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for the federally funded amount of  $63,148.00. (POLICE DEPARTMENT) (3) EMERGENCY READINGS (4) ISSUANCE OF OBLIGATIONS  (B) RESOLUTIONS  (A) Authorizing the Pasadena Parks and Recreation Department to accept $300.00 from  ABC Dental.  (PARKS & RECREATION DEPARTMENT)  (B) Accepting a check donation in the amount of $500.00 from Bob's Truck Care, Inc.to  be allotted to Neighborhood Network for Team Up to Clean Up 2024.  NEIGHBORHOOD NETWORK)  (C) Approving the financial report of investment activities, submitted by the City of  Pasadena, Texas, for the quarter ended September 30, 2024.  (CITY CONTROLLER)  (D) Accepting donations from the Best Friends Animal Society in the amount of $500.00  for enrichment for shelter animals. (ANIMAL SHELTER)  (E) Accepting donations from the Best Friends Animal Society in the amount of $1,000.00  for marketing to promote adoptions. (ANIMAL SHELTER)  (F) Accept a check donation in the amount of $1,000.00 from Arctic Testing and Inspection, LLC to be allotted to Volunteer Pasadena for Food Drive 2024.  (VOLUNTEER PASADENA)  (G) Accept a check donation ini the amount of $500.00 from Nippon Chemical Texas, Inc.  to be allotted to Volunteer Pasadena for Food Drive 2024.  (VOLUNTEER PASADENA)  (H) Accepting a donation to Madison Jobe Senior Center for sponsorship of Lunch & Movie event valued at $200.00 from Frank Schliemann and Juana Rodriguez.  (PARKS & RECREATION DEPARTMENT)  Agenda 11-05-24 10    () Accepting donation to Madison Jobe Senior Center of prizes for Loteria event valued  at $75.00 from McCunis Fox. (PARKS & RECREATION DEPARTMENT)  (J) Authorizing and approving entering into an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the purpose of reimbursement of overtime salary costs, up to $21,740.50, with prior ATF approval, incurred by the Pasadena Police  Department in providing resources to assist with the ATF for FY2025.  (POLICE DEPARTMENT)  (K) Authorizing the Mayor or his designee to execute documents related to the Application for On-Site Sewage Facility New Construction for the Pasadena Municipal  Golf Course.  (PROJECT MANAGEMENT)  (L) Seeking approval to apply for a $191,680.00 grant for the FY24 Energy Efficiency and Conservation Block Grant (EECBG) Program to procure energy-efficient lighting and controls (Fire Station #4, Maintenance Services Building, City Hall, and Armory Public Works Building), upgrade HVAC equipment, and conduct HVAC System Improvements. (M) A Resolution confirming the Mayor's reappointment of Ray E. Santos, M.D. as the City of Pasadena Health Authority in accordance with State Statute and City Ordinance. (N) A Resolution of the Governing body of the City of Pasadena casting its vote to appoint  MAINTENANCE SERVICES)  (HEALTH DEPARTMENT)  Directors to the Harris Central Appraisal District's Board of Directors.  (CITY SECRETARY)  (0) A Resolution to rescind Resolution 2024-202, which authorized acceptance of a donation of a 2024 Chevrolet Silverado 1500 valued at $65,883.16 for use by the  Pasadena Fire Marshal's office from On.Energy.  (FIRE MARSHAL)  (P) A Resolution approving a Memorandum of Understanding (MOU) by and between the City of Pasadena, Texas, and Deer Park Independent School District (DPISD) establishing the terms and conditions under which the City and DPISD will collaborate to  place an outdoor warning siren at a school located within DPISD.  (EMERGENCY MANAGEMENT)  (Q) AI Resolution approving a Memorandum of understanding (MOU) by and between the City of Pasadena, Texas, and Pasadena Independent School District (PISD) establishing the terms and conditions under which the City and PISD will collaborate to  place an outdoor waring siren at schools located within PISD.  (EMERGENCY MANAGEMENT)  Agenda 11-05-24 11    (R) A Resolution approving a Memorandum of Understanding (MOU) between the City of Pasadena (CITY) and Harris County Precinct 3 (County) establishing the terms and conditions under which the City and County will collaborate to place an outdoor warning  siren at parks located within County. EMERGENCY MANAGEMENT)  20) OTHER BUSINESS 21) EXECUTIVE SESSION  (A) Pursuant to Texas Government Code Section 551.074 to review and discuss interviews  for the City Controller position.  22) ADJOURNMENT BY THE PRESIDING OFFICER  -00--  /SI AMANDA F. MUELLER CITY SECRETARY  /S/JEFF WAGNER MAYOR  Thought for the Week "Don't wait for the right opportunity. Create it."  George Bernard Shaw a  Agenda 11-05-24 12    FINANCE RESOLUTION NO.2913  Date: November: 5, 2024 Page: 1of8  WHEREAS the checks issued by the City Controller oft the City of Pasadena, which are annexed hereto andi incorporated herein for allp purposes, are submitted tot the Mayor and City  Council of the Cityo of Pasadena, NOWT THEREFORE,  BEITRESOLVEDI BY THE CITY COUNCIL OF THE CITY OF PASADENA,  THAT the checks issued byt the City Controller oft the City of Pasadena, annexed hereto and incorporated herein for all purposes, are hereby ratified and approved, asi issued.  PASSED by the City Council of the City of Pasadena, Texas, inr regular meeting att the  City, on this 5th day of November 2024.  APPROVED ont this 5th day of November 2024.  JEFF WAGNER Mayor City ofPasadena, Texas  ATTEST:  AMANDA MUELLER City Secretary City of Pasadena, Texas  JAYW. 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INC METUIFE BENERTS UNIT NEWI JERSEYFAMILYS SUPPORTP PAYMENT OHIO CHILDS SUPPORTP PAYMENT CENTRAL PASADENAR POUICE OFFICERS' UNION POUICEA ASSOCIATION PPOU- LOCALE PAC1 1114 AMF LIFE COMPANY CALIFORNIAS STATE UNIT EQUIV VESTU LOANL SERVICEM INC STATE DISBURSEMENT UNIT NEWI SUPPORTP PAYMENT PAYMENTO CENTRAL POUCEA ANDFIREFIGHTERS ASSOCIATION ACAYLAR, SHIARONA ADEVA ADKINS,) JIMMYR RUSSELL AGUIRRE, VANESA GUADALUPE OR ALEJANDRO, MARTHAF PATRICIA ANTHONY OR ANGELLE, VICTORIA ROSE ARAJ. HANANFARID ARCE, OR GRECIAD ONDO, ENGINEERINGLLC BAEZ, MAXIMINOT TAMEZ BARRERA, ORFELINAN MOJICA BAYPORT NORTHO OWNER,LP BENAVIDES, VANESSAR BENOIT, MARK ALLEN BLACK, HARRYO DOUGLAS JOSEPHEIR ISABEL VANIA BOTELLO, BRAVO. ESAIDAVID OR CABELLO. 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COMPANY PIRTEK GULFGATE PITNEYE BOWES POLICEI INDUSTRIALT TECHNOLOGY POLK MECHANICAL COMPANY POTEETV WRECKERS SERVICE PREGINCT2GETHER, INC PRESTON TRAILS SOUTH PROFESSIONALI TURFP PRODUCTS uc PUMPSOFH INC. PURCELLO CONSTRUCTION, INC ROSAF RAMOS RESERVEA ACCOUNT 12415733 RETIREEF FIRSTLLC DAVIDR REYNA RICK'SLONES STARI MUFFLER RIOLEYS VACUUM& JANITORIAL RISING STARR RECRUITING CHARLESR ROBERTS RON'S RECOVERY AND S8SV SAM'SCLUB SARATOGA RACK SENIORC  BUSHELE OUMP RENTALD DEPOSITF REFUND wwo83 VINCEE FENCER ELECTRICALS BRUSHKIT "IONR RENEWAL FEGUARDCOURSES CLOUDE UCENSE REPAIRE PARTS PERSONNEL SERVICES VEHICLES TOWING CHARGES GPR& RADIOC DETECTION CYLINDERR RENTAL ORONE 23-183M540 COMPLIANCE ASBESTOSA ABATEMENT REPAIRI MATERIALS UCMRT TESTING SERVICES SYSTEMSVC RENEWAL SS-17 RENTALD REFUND LUMSERS SERVICES HOMEA AGAINA MICROCHIPS 24-072 TREER REMOVAL RITPAKS CHEMICALS FITTINGSA ANDHOSES 241 156V VETI MEDICAT TION 24 005 REPAIRP PARTS HEADSET CONNECTORS 18-044N NATL NIGHT OUT PARKINGR REIMBURSEMENT MISC REPAIRI PARTS PETTYCASH MAINTENANCE DUES OFFICE FURNITURE FEMAEC 23-213 24 057 OFFICE RECEPTIONO DESK/CHAIRS LANDLINEA ANNUALF FEE 18-044 NATL NIGHT oUT PETTY CASH 180441 NATLI NIGHT OUT 24-046E BATTERIES VEHICLE REPAIRS MISC AEPAIRE PARTS CASH CPSOURCE BANKO CHARGES USED BALLS 24-0031 TO8/31/24#S TOWINGO MUSIC PROGRAM MAINTENANCE T TOWING ARGES MADISON IOBES SENIORS NATL NIGHT OUT VERTICUTTER NITWORK COMM.OCT PUMPR FC11F FIRES #6 PLOTTERN MAILROOME POSTAGE INSURANCER DISERVICE- 10/31 CONVERTERE REPAIRS BABYO CHANGINGS STATION PERSONNELS SERVICES BBALLF FEEF REFUND LIQUID TOWINGO OFFICERS FUEL PETTYCASH-TILL Page6ars  3,82382 150.00 87,523.97 5,804.00 13,801.71 38,423,00 26,145.40 34.95 1,75000 1,298.00 5,071:.43 6,633.00 320,571.70 3,040.00 1,000.00 39155 7,03370 51,977.77 61800 21,11705 2575.00 267591 14,630.00 903,373.97 209.00 200.00 74128 393525 4,450.00 25,500.00 43,78384 2,064.00 605.04 3,194.97 7,308.91 2,855.64 375.00 2230 97369 14.69 5,490.72 1277.19 1726.40 4,885.00 120000 225.88 4,887.70 9,714.70 3,421.84 4,332.32 275.00 1,302.01 23.75 950.00 6,904.87 3.979.65 1939 7.875.62 36,000.00 65.70 269.99 1,110.00 34,56187 3.140.00 384.00 8.944.00 $79.68 1,545.30 9,050.00 1,203.77 760.00 156.00 150.00 14,218.46 1.269.92 106,643.80 374,190.75 512.00 31.75 25,000.00 58,669.81 350.00 1,656.16 1,178.00 8.347.60 200.00 3,197.00 685.20 700.00 6.205.88 254.13 3,040.74 109,549.10 136.00  MMPROV  PAVING    12057 35853 00190807 21856 11135 29278 00004250 22989 18407 00130660 41162 10102 42739 00003869 00021813 00008221 98-0 00002395 00006767 40335 26622 20869 00006134 00020128 42388 21154 00005305 11218 00208541 42612 42244 41918 25473 42139 36541 39108 39962 14819 10646 00211407 00004457 34132 00006178 00006668 28223 9729 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 00007176 T0001766 42606 T0004362 35062 14004  SER COISIRUCTIOMPAMIMESLC SHARP TESTINGS SERVICES, INC WLLAMSCO IDDONS- EMERGENCY SILSBEE FORD SIRSIDVNIX MART INC INC DBAG GOVSPEND ARTEX FABRICATION, uc SIERRA SPRINGS SSCI TALEV STATE PRODUCTS TCEQ TEL/LOGICO DBAE RATE CENTRAL TETRA TECH, TEXAS TATE THEE BANK OFN NEWY VORKN MELLON THES SNAPBARL LLC THIS DEERE DOESNTN NAG TMLI VERNMENTAL TRAF TEX, INC TRANTEXT RANSPORTATION DESTINYT TREIO TREK RETAIL CORPORATION VALERIAT TREVINO TRIMAXN SYSTEMS. INC TRUEI TIFASTERLLCD DBAI ASSET TURF JOHNT TYLERT USA  D048A 0056E BAYOUIMPROV & W083T TAYLORL WATERLINE  3,112,430.03 16,014.00 452.40 22,106.84 37,530.00 16,056.03 468.00 1,100.00 890.00 1,479:55 5379.00 3,528.18 100.00 2.295.08 144.65 7,775.70 3,093.15 56,012.00 146,76037 219,819.04 4,500.00 349,452.86 3,525.00 750.00 2,995.00 500.00 1,899,798.21 96,845.66 6,044.25 100.00 9,599.98 150.00 389.34 392,553.50 6,197,.08 1,269.76 420.00 2,340.00 1,083,49 3,911.18 23,119.00 27,88295 139.51 1,905.08 6,694.30 117.92 721.81 265.93 455.88 ,671.56 189.95 604.84 801.80 873.77 341.91 455.88 645.83 151.96 493.87 151.96 37.99 227.94 75.98 113.97 75.98 303.92 75.98 37.99 113.97 227.94 189.95 75.98 303.92 151.96 37.99 113.97 37.99 37.99 37.99 1,691.66 1,000.00 200.00 376.02 300.00 245.10  HYDROSTATIC1 TESTS PAINT HICLEREPAIRS EHICLE SUBSCRIPTION VEHICLE a 24-016: NEUTERS FIINESS SVCS DRAIN CLEANER MEOWASTE DISP OCT 24-139 SHARE MASTER 24-3 167P PIPE BURSTSYS WATER SYSF FEE D0428 BROWNING DRAINAGE ERATEC CONSULTING 24-0417 T09/30/2415 TEXSHARED DATABASES GOREF 2012AA AGENTFEE CUSTOMA AIPORTRAIT WEED8 BRUSHCONTROL T0197 TRAFFIC MOBILITYIMPROV WAREHOUSEL INVENTORY RENTALE DEPOSITF REFUND SERVICE BIKE RENTALE REFUND 116B SUPPORT8 UPGRADES SANDF FOR GOUFC COURSE REGR PROIM MGRR REMOTE DP WEEKIY UNIFORMR RENTAL/SER CHEMICALS LIFT OUT PROBE BODYV WORNO CAMERAS MILEAGER REIN IMBURSEMENT AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRÇARD AIRCARD AIRCARD ARCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD 18-044NATLN NIGHTOUT RENTALO DEPOSITR REFUND 18-044NATLA NIGHTOUT 18-044NATLN NIGHT ouT SEC  INC ARCHIVES  0BA1 TURF INC  VILLAGE GROVE MUNITY ASSOC MARY VISTA OAKSC COMMUNITYA ASSOCIATION VISTAR PARKH HOMEOWNERS ASSOCIATION JEFFV WAGNER  Fage7ofs    00002071 00002071 00002071 00002071 00002071 00002071 00200596 10064 26673 23961 T0018043 42707 39495 00006749 26905 00007542 37635 28790 00007566 SUBTOTAL- TOBEN MAILEDF FOLLOWING THE PERC CHECK REGISTER CKN> X1111- XX1672  WASTE WASTE MANAGEMENT WASTE MANAGEMENT WASTE WASTE EMENT WASTE WASTE INC CLEANUPS SERVICES WAY- TECH, INC WEST SANITATIONS SERVICES, INC WHITNEY ESTATESINHOA CEDRICKV WILLIAMS NIKKIV woop WORTHH HYDROCHEMOFH HOUSTON XEROXF FINANCIAL SERVICES XYLEMO DEWATERING SOLUTIONS, INC ZIEGLERC COOPERI DBA ZOOBEAN, INC ICSTONEWALL  SERVICES SERVICES SERVICES SERVICES SERVICES OUTRIGGERCYUNDER MSPECTOMS/MAINT-OCT F014FIRES STATION7 AIRF FRESHENER 18-044N NATLI NIGHT OUT RENTALO DEPOSITE REFUND RENTALD DEPOSITR REFUND PREVENTATIVEN MAINT COLOR METERJ JUL-SEP PUMP SERVICE CALL 24.127109/30/2483 BEANSTACKPLUS P014 PDRANGES STORAGEE BUILDING  1,238.25 424.52 384.84 428.63 147.24 180.84 7,372.44 925.00 315,778.38 184.00 400.00 150.00 35.00 1,485.00 41,572.82 459.57 4,724.07 3,029.25 78,60997 14,200,656.51 14,296,587.32  11.5.24  Page    ITEM ONE PERSONNEL REQUESTS November 5, 2024  A. REGULAR EMPLOYEES  1. RECOMMENDED EMPLOYMENT Mayra Arroyo Jose Ayala Gabriel Cerda Anderson Garcia Fred A. Humphrey Cole Shepherd 2. REINSTATEMENTS 3. NOTICE OF SUSPENSIONS 4. NOTICE OF RESIGNATIONS Christopher Cantu Moises Garza Ashley Rios Dakota Willcoxon 5. NOTICE OF RETIREMENTS 6. NOTICE OF DEATHS B. FINANCE DEPARTMENT  Deputy Clerk I, Municipal Court, 10400-1660-8, $1,184.00 b/w, effective 11/6/24 Maintenance Technician V, Fleet, 20300-2290-17, $1,661.60 b/w, effective 11/6/24 Parks Worker 1, Parks, 15100-2480-13, $1,160.00 b/w, effective 11/6/24 Safety & Risk Coordinator, Human Resources, 11100-3120-1, $2,692.31 b/w, effective 11/6/24 PT Pooled Police Civilian, Police Civilian Administration, 13510-2775-1, $30.00/hr., effective 11/6/24 Building Technician V, Electrical, 20430-1300-5, $2,120.00 b/w, effective 11/6/24  Recreation Assistant, Verne Cox Multi-Purpose Center, Sign Markings Technician 1 Traffic & Transportation Office Assistant I, Engineering, effective 10/23/24 Utility Worker I, Water Distribution, effective 10/21/24  effective 10/25/24 effective 10/10/24  1. RECOMMENDED EMPLOYMENT 2. REINSTATEMENTS * 3. NOTICE OF SUSPENSIONS 4. NOTICE OF RESIGNATIONS    5, NOTICE OF RETIREMENTS 6. NOTICE OF DEATHS  7. ADMINISTRATVE CHANGES IN FINANCE PERSONNEL  C.A ADMINISTRATMVE CHANGES IN PERSONNEL  Create positions 13444-2600-18, 19, 20, 21, 22, Police Cadet, NP04, effective 11/6/24  D. INTRODUCTION OF NEW EMPLOYEES Require Approval of Council    PRE-COUNCIL MEETING CITY OF PASADENA  October 15, 2024 - 5:30 p.m.  MINUTES  CALLTO ORDER  Mayor Wagner called the Pre-Council Meeting to order. Proceeded to go over the agenda.  EXECUTIVE SESSION:  Mayor Wagner noted there would be an executive session concerning the City Controller's position. Asked Mayor Pro Tem Villarreal to close the council meeting after  the executive session. ADJOURNMENT  5:32 p.m. - Mayor Wagner adjourned the Pre-Council Meeting.  RECORD OF PROCEEDINGS CITY OF PASADENA October 15, 2024-6 6:00 p.m.  CALL TO ORDER  The regular Council Meeting of the City of Pasadena, Harris County, Texas, was called  to order by Mayor Wagner. ROLL CALL  COUNCIL PRESENT: Mayor Jeff Wagner  RUBEN VILLARREAL BIANCA VALERIO PAT VAN HOUTE  District A District B District D  JONATHAN ESTRADA District E DOLAN DOW ORNALDO YBARRA THOMAS SCHOENBEIN - District H  District F District G  EMMANUEL GUERRERO - District C  Also present at the Council table was. Amanda Mueller, City Secretary. INVOCATION - Rex Lindberg, Director of Community Relations PLEDGES OF ALLEGIANCE - Councilmember Bianca Valerio  City of Pasadena - Council Meeting  1  Minutes: 10-15-24 6:00 p.m.    COMMUNITY INTEREST COMMENTS IN ACCORDANCE WITH CHAPTER  551.0415 OF THE GOVERNMENT CODE Councilmember Valerio Passed, no comments.  Councilmember Guerrero - Thanked everyone for coming to the meeting. Extended his prayers to Deer Park for the recent industrial accident which left two casualties and Councilmember Van Houte - Noted early voting would be starting on Monday, October 2151, and run through Friday, November 1st. Advised that HarrisVotes website will have voting hours and ballot information. Discussed a Harris County Flood Control proposition that will be on the ballot. Thanked all the volunteer groups that came out the previous weekend to help with the Team Upt to Clean Up projects. Announced the following events: 1)A community shred day to be held on Saturday, November 2nd from 9:00 a.m. - 12:30 p.m. at 1202 Southmore. 2) Pets and Pumpkins on Saturday, October 26th from 11:00 Councimember Estrada Wished everyone a good evening. Mentioned recent street improvements that have been completed in Golden Acres. Thanked the Mayor's office for Councilmember Dow - Stated he was glad to see everyone at the meeting supporting Councilmember Ybarra - Welcomed everyone to the meeting. Discussed some quality- of-life issues around a convenience store in the Burke and Fairmont area; advised this area will be patrolled by the police department. Recognized former Councimember Bruce Councimember Schoenbein - Stated it was wonderful to see everyone. Noted that Halloween was coming soon. Reminded everyone to pay attention and watch for children. Thanked Azell Carter, Emergency Management Coordinator, for all his work in putting together the recent Seer and Serve event; commented his team put a lot of effort into this event for all first responders. Welcomed former Councimember Bruce Leamon to the  several people injured.  a.m. - 4:00 p.m.  their collaboration on these projects.  local government.  Leamon in the audience.  meeting.  Councilmember Villarreal - Passed, no comments. CITIZENS WISHING TO ADDRESS COUNCIL  Steven Barnett - Stated that he had some issues he would like to address. Proceeded to discuss the condition of his street; commenting that he has asked for this to be fixed and it has not been done yet, the lack of American flags at the baseball fields, and the Stephen Alvarez - Commented on new construction in the council chamber. Remarked that Mayor Wagner was the one who orchestrated having it built to divide the public from being able to address their employers and is a waste of taxpayers' dollars. Stated, "This  condition ofi the sidewalks at the ballparks.  was just shallow of the immaturity of little Jeffery".  City of Pasadena - Council Meeting  2  Minutes: 10-15-24 6:00 p.m.    CouneimemberValero - Point of Order. Noted that Mr. Alvarez's comments were against the rules for addressing the council regarding derogatory remarks on character. **Note** At this time, Mr. Alvarez began speaking over Councilmember Valerio. There was a short exchange between Councimember Valerio and Mr. Alvarez. Mayor Wagner Stephen Alvarez - Continued his comments. Proceeded to point out and name individuals in the audience; stating they had "sick" connections with Mayor Wagner to stop him from  gaveled several times, asking Mr. Alvarez to follow the rules.  taking care of his family.  Councimember Valerio - Point of Order.  **Note** At this time, Mr. Alvarez continued his comments. There was another short exchange between Councilmember Valerio and Mr. Alvarez. When the timer went off Mr. Alvarez continued to speak. Mayor Wagner gaveled and once again asked Mr. Alvarez Anthony Terrazas - Wished everyone a good evening. Stated it was an honor to speak to the council representing multiple businesses that have recently moved to Pasadena. Remarked that he believes in the potential of Pasadena and the spirit of collaboration that can be fostered together. Gave a brief history of his past service in the military as a canine handler. Announced that his business, What-A-Canine LLC, was recognized as the best dog training company in the greater Houston area and South Texas by the Better Business Bureau. Commented that he would like to work closely with the city council and Ty Smith - Commented on the cost difference between the construction of a police annex building and a new fire station building; remarked that the cost should be reversed. Stated he does not remember any discussion at previous meetings approving the funding of new construction int the council chamber. Referred to emails that he has sent to Mayor' Wagner and Chief Wright that he has not received responses on; commenting that he has notified Harris County District Attorney, Kim Ogg, of the corruption. Noted he is registered to vote and will be doing everything he can to make sure that Mayor Wagner and Chief Wright Ralph Morrissey - Stated that Mr. Alvarez has come to council for years accusing his **Note** At this time, Mr. Alvarez began speaking from the audience. Mayor Wagner Ralph Morrissey - Continued his comments. Questioned why Mr. Alvarez has made corruption claims against city leaders. Discussed ongoing issues his neighborhood has had with Mr. Alvarez concerning his building being in direct violation of deed restrictions.  to follow the rules. Mr. Alvarez left the podium.  local organizations to contribute positively to Pasadena.  are gone.  neighbors of being racists, haters, and liars.  gaveled; stated there would be no comments from the audience.  Asked Mr. Alvarez to leave city hall and his neighbors alone. **Note** At this time, Mr. Alvarez began speaking from the audience.  City of Pasadena - Council Meeting  3  Minutes: 10-15-24 6:00 p.m.    Rober Jeter HI - Wished everyone a good evening. Discussed a group chat he received from two councilmembers. Read sections of the messages to the audience. **Note** As this time, as Mr. Fowler began walking to the podium, Mr. Alvarez began Alan Fowler Remarked there are rules regarding speaking at council. Stated his son is autistic and does not deserve to come to the meetings and hear things being said about his father by someone who lost a case and isn't doing what he is supposed to do. Acknowledge councimembers who have supported him; asked where the other councimembers stand. Expressed his concerns about the messages Mr. Jeter had read Kicker Cardenas = Chairman of the Board, Pasadena Chamber of Commerce. Stated she, along with several board members, was at the meeting in recognition of National Chamber of Commerce Week. Shared an excerpt from a recent proclamation by Governor Gregg Abbott regarding the importance of the chamber's connection with citizens. Noted that in 2024 the Pasadena Chamber prioritized 3 initiatives: 1) Marketing and sharing the impact of the chamber 2) Focusing on workforce initiatives 3) Placing an emphasis on government relations and advocating for member companies. Urged elected leaders, city staff members, and community partners to engage in chamber activities. Noted the upcoming Taste of the Town event to be held on November 7h. Invited everyone to come to the chamber's Annual Gala to be held on December 12th. Thanked Cristina Womack - - President & CEO, Pasadena Chamber of Commerce. Stated she appreciated the opportunity to be at the meeting to celebrate National Chamber of Commerce Week. Noted she wanted to draw attention to 2 items that are top initiatives with chamber members looking for information: 1) The continued use of supporting local businesses and creating more avenues for businesses to successfully navigate the process with the city. 2) An update on the digital permitting project with Tyler Technologies. Thanked Council for their partnership with the chamber and for the opportunity to serve members as the voice of business in collaborating with the City of Pasadena. (At this time, Mayor Wagner asked all the chamber board members to come  speaking from the audience.  to the audience.  the council for their continued partnership.  forward for a photo and presented them with a Proclamation. Applause)  DOCKETED CITY COUNCIL HEARINGS  PRESENTATION OF PROCLAMATIONS. AWARDS AND COMMUNITY EVENTS  PROPOSALS FOR CITY BUSINESS  PRESENTATION OF MINUTES October 1, 2024 - 10:00a.m.  Councimember Estrada moved, seconded by Councimember Guerrero that the Minutes from the October 1, 2024 Council Meeting be APPROVED. MOTION CARRIED, PRESENTATION. OF MINUTES OF SPECIAL MEETING = October 8, 2024 - 10:03 a.m.  UNANIMOUS.  City of Pasadena = Council Meeting  4  Minutes: 10-15-24 6:00 p.m.    Councimember Schoenbein moved, seconded by Councilmember Valerio that the Minutes from the October 8, 2024 Special Council Meeting be APPROVED. MOTION  CARRIED, UNANIMOUS. CONTRACT CHANGE ORDERS PROGRESS PAYMENTS (A) Contractor: Estimate No.: Four (4) Amount: Project: Project No.: D049 Ordinance No.: 2023-243 (B) Contractor: Estimate No.: Seven (7) Amount: Project: Project No.: P010 Ordinance No.: 2023-247  Boyer, Inc. $129,742.70  Large Diameter Storm Sewer Rehab Project  Christensen Building Group $1,020,543.64 Pasadena Police Annex Building  (C) Contractor: Amount: Project: Project No.: MO68 Ordinance No.: 2023-109 (D) Contractor: Estimate No.: Eight (8) Amount: Project: Project No.: P016 Ordinance No.: 2024-006 (E) Contractor: Estimate No.: Eight (8) Amount: Project: Project No.: P014 Ordinance No.: 2024-006 Estimate No.: Thirteen (13) Project No.: WW083 Ordinance No.: 2023-015  Elevator Transportation Services City Hall Elevators Project  Estimate No.: Four & Final (4 & Final)  $17,010.85  JC Stonewall Constructors LP $137,166.96 SIM TAC Building  JC Stonewall Constructors LP Police Range Storage Building  $28,033.88  (F) Contractor: Amount: Project:  JTR Constructors, Inc. $226,558.13  Vince Bayou WWTP UV Disinfection Improvements  City of Pasadena - Council Meeting  5  Minutes: 10-15-24 6:00 p.m.    (G) Contractor: Amount: Project: Project No.: $126 Ordinance No.: 2023-059  Mar-Con Services, LLC $21,769.20  Estimate No.: Twelve & Final (12 & Final)  Llano St. Paving & Drainage improvements Phasel  (H) Contractor: Amount: Project: Project No.: S127 Ordinance No.: 2023-059 (1) Contractor: Estimate No.: Eleven (11) Amount: Project: Project No.: W066 Ordinance No.: 2022-095 (J) Contractor: Estimate No.: Seven (7) Amount: Project: Project No.: W069 Ordinance No.: 2023-002 (K) Contractor: Estimate No.: Nine (9) Amount: Project: Project No.: W055 Ordinance No.: 2023-049 (L) Contractor: Estimate No.: Nine (9) Amount: Project: Project No.: D056 Ordinance No.: 2023-155 (M) Contractor: Estimate No.: Eleven (11) Amount: Project: Project No.: $132 Ordinance No.: 2023-119  Mar-Con Services, LLC $61,602.92  Estimate No.: Thirteen & Final (13 & Final)  Llano St. Paving & Drainage Improvements Phase III  McKinney Construction, Inc.  $7,172.50  2022 Citywide Waterline Improvements  McKinney Construction, Inc.  $92,073.05  2023 Citywide Waterline improvements  McKinney Construction, Inc. $237,595.00  Spencer 12-Inch Waterline Phase II  SER Construction Partners, LLC  $461,159.04  Armand Bayou Upper Reaches Project  SER Construction Partners, LLC  $23,639.33  Preston Ave Recon SH225 to Fleming & Flamborough  City of Pasadena - Council Meeting  6  Minutes: 10-15-24 6:00 p.m.    (N) Contractor: Estimate No.: One (1) Amount: Project: Project No.: F014 Ordinance No.: 2024-113  Way-Tech, Inc. $150,091.54  Construction of Fire Station No. 7  Councimember Schoenbein moved, seconded by Councimember Estrada that Progress Payments (A), (B), (C), (D), (E), (F), (G), (H), (), (J), (K), (L), (M) and (N) be APPROVED.  MOTION CARRIED, UNANIMOUS.  FINANCE RESOLUTIONI NO. 2912 MISC. CLAIMS & INVOICES  Councilmember Ybarra moved, seconded by Councilmember Guerrero that Finance "Abstain" - Councimember Dow abstained from voting on any item on Finance Resolution having to do with "Dow Pipeline and Fencing" pursuant to Texas Local  Resolution 2912 be APPROVED.  Government Code, Section 171.004 MOTION CARRIED, UNANIMOUS. PERSONNEL CHANGES (A) REGULAR EMPLOYEES  (B) FINANCE DEPARTMENT EMPLOYEES (C) ADMINISTRATION CHANGES IN PERSONNEL (D) INTRODUCTION OF NEW CITY EMPLOYEES  Councimember Ybarra moved, seconded by Councimember Schoenbein that Personnel  Changes (A) be. APPROVED. MOTION CARRIED, UNANIMOUS.  MAYORAL APPOINTMENTS  CITY BOARDS AND COMMISSIONS REPORTS  REPORTS OF COMMITTEES MAYOR'S REPORT ORDINANCES FINAL READINGS FIRST READINGS  City of Pasadena - Council Meeting  7  Minutes: 10-15-24 6:00 p.m.    ORDINANCE 2024-199 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and Daniel Cruz for tennis pro/concessionaire services at the Councimember Ybarra moved, seconded by Counciimember Guerrero that Ordinance 2024-199 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-200 - Authorizing and approving a contract between the City of Pasadena, Texas, and Hancock Pool Services to replaster the Sunset Pool using Councimember Ybarra moved, seconded by Councilmember Guerrero that Ordinance 2024-200 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-201 - Authorizing and approving contract between the City of Pasadena, Texas, and Traffic Logix Corp. for purchase of Traffic Speed Cushions for a Councimember Ybarra moved, seconded by Councimember Guerrero that Ordinance 2024-201 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-202 - Authorizing and approving a contract by and between the City of Pasadena, Texas, and DL Glover, Inc. for the Strawberry Road 15" Sanitary Sewer Repair Project (CIP #WW101) for a total appropriation of $685,939.80 from the System Councimember Ybarra moved, seconded by Councimember Guerrero that Ordinance 2024-202 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-203 - Authorizing and approving a contract by and between the City of Pasadena, Texas, and SER Construction Partners, LLC for the Dabney Storm Interconnect Project (CIP #D059) for a total appropriation of $2,537,167.50 from the Community Development Block Grant Funds, The General Fund Balance Account and Councimember Ybarra moved, seconded by Councimember Guerrero that Ordinance 2024-203 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-204 Authorizing and approving a contract by and between the City of Pasadena, Texas and Geoscience Engineering and Testing, Inc. for Materials Testing Services for the Dabney Storm Interconnect Project (CIP #D059) for a total appropriation Councimember Ybarra moved, seconded by Councilmember Guerrero that Ordinance 2024-204 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-205 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and LJA Engineering, Inc. for Regulatory Compliance, Grant Assistance and related services for a total appropriation of $240,000.00.  Harry P. Taylor Tennis Center.  BuyBoard Contract #701-23, for a total appropriation of $93,775.00.  period of one year.  Fund Retained Earnings.  the General CIP Fund Balance Account.  $43,576.00 from the General CIP Fund Balance Account.  City of Pasadena - Council Meeting  8  Minutes: 10-15-24 6:00 p.m.    Councimember Ybarra moved, seconded by Councilmember Guerrero that Ordinance 2024-205 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-206 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and LJA Engineering, Inc. for assistance related to the FEMA Community Rating System (CRS) Program and assistance with Flood Control Complaints and Development Permit Inspections for the City of Pasadena for a total appropriation of Councimember Ybarra moved, seconded by Councilmember Guerrero that Ordinance 2024-206 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-207 - Authorizing a contract with Kim Neal & Associates, LLC through The Interlocal Purchasing System (TIPS) Contract #211001 fora Wastewater Department Councimember Ybarra moved, seconded by Councimember Guerrero that Ordinance 2024-207 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-208 - An Ordinance amending Ordinance 2023-178, Employee Handbook, at Chapter 11, Classification and Compensation, Section 11.10 Longevity Pay, by authorizing the increase of the longevity rate of pay from $120.00 per year for each complete year of service to $132.00 per year for each complete year of service for full-time non-civil service employees. Police Officers will receive longevity on a bi-weekly Councimember Ybarra moved, seconded by Councilmember Guerrero that Ordinance 2024-208 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-209 - Authorizing and approving to accept a grant award (in the form of a interlocal agreement) from the State Energy Conservation Office (SECO), for the FY24 Energy Efficiency and Conservation Block Grant (EECBG) in the amount of Councimember Ybarra moved, seconded by Councilmember Guerrero that Ordinance 2024-209 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-210-An Ordinance authorizing the Mayor, on behalf of the Pasadena Police Department, to accept the U. S. Department of Justice FY2024 COPS Technology and Equipment Program Invitational Grant in the amount of $325,000.00 to fund the Virtual Reality Training System for the Pasadena Police Department provided through Councimember Ybarra moved, seconded by Councilmember Guerrero that Ordinance 2024-210 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-211 - An Ordinance approving the solicitation of offers from interested parties wishing to purchase certain City-owned properties located at 602 Witter Street,  $95,000.00.  Canopy extension for a total appropriation of $68,938.00.  basis (Exhibit A). Effective: 11/11/24.  $250,000.00 to upgrade lighting at Strawberry Park Ball Field areas.  Street Smarts Virtual Reality.  604 Witter Street and 606 Witter Street. City of Pasadena - Council Meeting  9  Minutes: 10-15-24 6:00 p.m.    Councimember Ybarra moved, seconded by Councimember Guerrero that Ordinance 2024-211 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-212 - An Ordinance authorizing and approving the extension of the contract for Professional Services Agreement between the City of Pasadena, Texas, and Concept Engineers, Inc. for a period of one year, approved by Ordinance 2023-164, amended by Ordinance 2024-065. The services rendered are for Professional Consulting Services Related to Construction Management for the City of Pasadena Home Councilmember: Ybarra moved, seconded by Councilmember Guerrero that Ordinance 2024-212 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-213 - An Ordinance approving and authorizing a subrecipient agreement attached hereto as Exhibit "1" by and between the City Of Pasadena, Texas, and Sarah's House to perform certain services and comply with applicable Laws, Rules and Regulations in connection with the disbursement of Community Development Block Grant (CDBG) funds in connection with a public service program operated by Sarah's House to provide homeless shelter services to low- and moderate- income persons; and appropriating the amount of $82,477.80 out of Community Development Block Grant Councimember Ybarra moved, seconded by Councimember Guerrero that Ordinance 2024-213 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-214 - Agreement with the Bridge Over Troubled Waters, Inc. to provide essential services and/or operational services under the Emergency Solutions Councimember Ybarra moved, seconded by Councimember Guerrero that Ordinance 2024-214 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-215- An Ordinance approving and authorizing a commitment by the City Of Pasadena, Texas, Madison Jobe Senior Center by and through its Director/Adminstrator of Leisure/Recreation to perform certain services and comply with applicable Laws, Rules and Regulations in connection with the disbursement of Community Development Block Grant (CDBG) funds in connection with a public service program operated by the Madison Jobe Senior Center to provide transportation services to low- and moderate- income elderly and disabled clients; and appropriating the amount of$ $95,904.42 out of Community Development Block Grant Account No. 068-Cd136-8505. Councimember Ybarra moved, seconded by Councilmember Guerrero that Ordinance 2024-215 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-216 - Agreement with the Bridge Over Troubled Waters, Inc. to provide Rapid Response-Housing under the Emergency Solutions Grant (ESG), Councimember Ybarra moved, seconded by Councimember Guerrero that Ordinance 2024-216 be passed on first reading only. MOTION CARRIED, UNANIMOUS.  Investment Partnerships Program (Home).  Account No. 068-Cd136-8548.  Grant (ESG), $86,076.70.  $51,098.95.  City of Pasadena - Council Meeting  10  Minutes: 10-15-24 6:00 p.m.    ORDINANCE 2024-217 - An Ordinance amending Ordinance 2023-041 which authorized and approved the Pasadena Parks and Recreation Department to sign and agree to the terms of the MD Anderson agreement and add funding for additional park improvements. Councilmember Ybarra moved, seconded by Councilmember Guerrero that Ordinance 2024-217 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-218 - An Ordinance authorizing and approving an agreement by and between the City of Pasadena, Texas, and LJA Engineering, Inc. for Phase I MS4 Permit Councilmember Ybarra moved, seconded by Councimember Guerrero that Ordinance 2024-218 be passed on first reading only. MOTION CARRIED, UNANIMOUS.  Compliance assistance for a total appropriation of $140,000.00.  EMERGENCY READINGS ISSUANCE OF OBLIGATIONS  RESOLUTIONS  RESOLUTION 2024-193 - Authorizing the Mayor of the City of Pasadena, on behalf of the Pasadena Police Department, to accept donations from International Terminals Company, LLC ($250.00) and Clark Freight Lines, Inc. ($250.00), totaling $500.00 for the Councilmember Ybarra moved, seconded by Councilmember Estrada that Resolution 2024-193 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2024-194 - Accepting a donation of a spin wheel game with prizes, coupons and six (6) $25.00 gift cards for a total value of $3,426.00 from Whataburger for the 2024 Monster Mash Event in connection with the Parks and Recreation Department. Councilmember Ybarra moved, seconded by Councimember Estrada that Resolution 2024-194 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2024-195 - Authorizing the Pasadena Parks and Recreation Department toa accept a donation of seeds fori the Community Garden valued at $5,000.00 from Tractor Councilmember Ybarra moved, seconded by Councimember Estrada that Resolution 2024-195 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2024-196 - Authorizing the Pasadena Parks and Recreation Department to apply for Texas Parks & Wildlife Department (TPWD) Co-Op grant for the amount of $24,968.00; and authorize the Director of Parks and Recreation to act on behalf of the City of Pasadena in working with the Texas Parks & Wildlife Department for the purposes Councimember Ybarra moved, seconded by Councilmember Estrada that Resolution 2024-196 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS.  Police Resiliency and Mentorship Program (R.A.M.P.) Unit.  Supply.  of the Local Parks Grant.  City of Pasadena - Council Meeting  11  Minutes: 10-15-24 6:00 p.m.    RESOLUTION 2024-197 Accepting a donation of $5,000.00 from Occidental Chemical Corporation (OxyChem) for use by Volunteer Pasadena in connection with Food Drive Councilmember Ybarra moved, seconded by Councilmember Estrada that Resolution 2024-197 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2024-198 - Accepting a donation of $1,000.00 from Yearout Energy Services Co., LLC of Harris County for use by Volunteer Pasadena for Food Drive 2024. Councimember Ybarra moved, seconded by Councilmember Estrada that Resolution 2024-198 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2024-199 - A Resolution to amend Resolution 2024-041 and to adopt revised policies and procedures for Community Development Financial and Councimember Ybarra moved, seconded by Councimember Estrada that Resolution 2024-199 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2024-200 - A Resolution to amend Resolution 2024-148 and to adopt revised policies and procedures for the Community Development Department's Home Councimember: Ybarra moved, seconded by Councimember Estrada that Resolution 2024-200 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2024-201 - A Resolution designating a Representative and Alternate to the Board of Directors of the Houston-Galveston Area Council for the Year 2025. Councimember Ybarra moved, seconded by Councilmember Estrada that Resolution 2024-201 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2024-202 - A Resolution accepting a donation of a 2024 Chevrolet Silverado 1500 valued at $65,883.16 for use by the Pasadena Fire Marshal's Office from Councimember Ybarra moved, seconded by Councilmember Estrada that Resolution 2024-202 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. **NOTE** Following the reading of all Resolutions, there was discussion as follows: Councilmember Schoenbein = Commented on the total amount of donations from local businesses. Stated this is a remarkable contribution to the city and very much  2024.  Administrative Systems.  Investment Partnerships Program (Home).  On.Energy,  appreciated. OTHER BUSINESS EXECUTIVE SESSION City of Pasadena - Council Meeting  12  Minutes: 10-15-24 6:00 p.m.    (A) Pursuant to Texas Government Code Section 551.074 to review and discuss **NOTE** 6:44 p.m. - At this time Mayor Wagner recessed the Council Meeting and the **NOTE** 8:03 p.m. - At this time Mayor Pro Tem Villarreal reconvened the Council  applicants who have applied for the City Controller position. scheduled Executive Session proceeded in closed chambers.  Meeting.  ADJOURNMENT BY THE PRESIDING OFFICER Mayor Pro Tem Villarreal - Meeting adjourned.  City of Pasadena - Council Meeting  13  Minutes: 10-15-24 6:00 p.m.    AGENDA REQUEST  ORDINANCE FY2025.  RESOLUTION  QA NO: 2024-  CAPTION: Approving purchases for summer reading incentive giveaways  RECOMMENDATIONS & JUSTIFICATION: The Summer Reading Program at Pasadena Public Library is a fantastic initiative that promotes the joy of reading while offering a range of benefits for participants. By encouraging kids to read over the summer, the program helps maintain their literacy skills and fosters a lifelong love of books. It also engages reluctant readers of all ages through fun activities, making reading more appealing. Addi tionally, the program creates opportunities for families to spend quality time together, all while generating excitement about the library The budget for giveaways is $6,000 and incentives would be for children,  and its resources. teens and adults. BUDGETED:   (IF ADDITIONAL SPACE IS REQUIRED, PLEASE. ATTACH SECOND RAGE)  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATION: See attached, Certification  MNL  COUNCIL ACTION  DATE:10/2/24  Keny Johnson  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED: L  SECOND  SECOND  DATE DEFERRED:  DATE  OEAwhw  MAYOR    ORDINANCE NO. 2024-  An Ordinance authorizing and approving purchases for summer reading  giveaways for FY2025.  WHEREAS, the Summer Reading Program at Pasadena Public  Library is a fantastic initiative that promotes the joy of reading while offering a range of benefits for participants; and  WHEREAS, by encouraging kids to read over the summer, the  program helps maintain their literacy skills and fosters a lifelong  love of books;  WHEREAS, it also encourages reluctant readers of all ages  through fun activities, making reading more appealing; and  WHEREAS, additionally, the program crates opportunities  for families to spend quality time together, all while generating  excitement about the library and its resources; and  WHEREAS, the budget for giveaways is $6,000.00 and  incentives would be for children, teens and adults and the City of Pasadena hereby authorizes the funds for the public purpose concerning the Summer Reading Program at the Pasadena Public Library; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNÇIL OF THE  CITY OF PASADENA: SECTION 1.  That the City Council hereby finds and adopts the  preamble to this Ordinance.  SECTION 2.  That the City Council herby authorizes and approves  Ordinanceform2024 COP Approving Purchases.labrary24    the expenditure by the Library of $6,000.00 for giveaways for the  summer reading program.  SECTION 2.  That the City Council officially determines that a  sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof. PASSED ON FIRST READING by the City Council of the City of  (SIGNATURE AND APPROVAL - NEXT PAGE)  Ordinanceform2024 COP Approving Purchases.labrary24    Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Ordinanceform2024 COP Approving Purchases.Library24    AGENDA REQUEST    ORDINANCE  RESOLUTION  28 NO: 2024-  CAPTION: CONSIDERATION AND POSSIBLE APPROVAL OF AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF PASADENA, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2024; APPROVING AND AUTHORIZING A PURCHASE AGREEMENT, AN ESCROW AGREEMENT, AND A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING AND AUTHORIZING ALL OTHER INSTRUMENTS AND PROCEDURES RELATED THERETO; DELEGATING AUTHORITY TO CERTAIN CITY OFFICIALS TO SELECT OUTSTANDING BONDS TO BE REFUNDED AND APPROVE ALL FINAL TERMS OF THE BONDS; AND ORDAINING OTHER MATTERS RELATING RECOMMENDATIONS & JUSTIFICATION: The proposed refunding is expected to yield a net present value savings of about $1.3M or 3.93% of the Bonds  TO THE SUBJECT being refunded.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SEÇOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATIONE See attached Certification K27 BA2 Robert Chambers REQUESTING PARTY (TYPED)  COUNCIL ACTION  DATE:10/17/24  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED:   DATE DEFERRED:  DATE  OETANy  MAYOR    ORDINANCE NO. 2024-  AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF PASADENA, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2024; APPROVING AND AUTHORIZING A PURCHASE AGREEMENT, AN ESCROW AGREEMENT, AND A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING AND AUTHORIZING ALL OTHER INSTRUMENTS AND PROCEDURES RELATED THERETO; DELEGATING AUTHORITY TO CERTAIN CITY OFFICIALS TO SELECT OUTSTANDING BONDS TO BE REFUNDED AND APPROVE ALL FINAL TERMS OF THE BONDS; AND ORDAINING OTHER MATTERS RELATING TOTHE  SUBJECT  THE STATE OF TEXAS COUNTY OF HARRIS CITY OF PASADENA  $ $ $  WHEREAS, the City ofPasadena, Texas (the "City")i in Harris County, Texas, isapolitical subdivision of the State of Texas operating as a home-rule city pursuant to the Texas Local  Government Code; and  WHEREAS, among numerous series of obligations of the City which are secured by the full faith and credit of the City and a pledge by the City tol levy ad valorem taxes sufficient to pay principal of and interest on such bonds as they become due, within the limits permitted by law, there are specifically outstanding the following series of obligations (collectively, the "Eligible  Refunded Obligations"):  City of Pasadena, Texas General Obligation Refunding Bonds, Series 2015, dated August 1, 2015, scheduled to mature February 15 in the years 2025 through 2027, inclusive, and currently outstanding in the aggregate principal amount of City of Pasadena, Texas General Obligation Refunding Bonds, Series 2016, dated January 1, 2016, scheduled to mature February 15 in the years 2025 through 2033, inclusive, and currently outstanding in the aggregate principal amount of City of Pasadena, Texas General Obligation Refunding Bonds, Series 2016A, dated June 1, 2016, scheduled to mature February 15 in the years 2025 through 2028, inclusive, and currently outstanding in the aggregate principal amount of WHEREAS, the Issuer now desires to refund all or part of the Eligible Refunded Obligations, and those Eligible Refunded Obligations, the particular maturities of which may be selected and designated to be refunded by the Pricing Officer in the Pricing Certificate, each as defined below, to be refunded are herein referred to as the "Refunded Obligations";  $2,890,000;  $36,585,000;  $7,800,000;    WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof, together with any other available funds or resources, directly with a paying agent for any of the Refunded Obligations or a trust company or commercial bank that does not act as a depository for the Issuer and is named in these proceedings, and such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the making of firm banking and financial arrangements for the discharge and final  payment of the Refunded Obligations;  WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into an escrow agreement with such paying agent for the Refunded Obligations or trust company oro commercial bank with respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and conditions as the Issuer and such paying  agent or trust company or commercial bank may agree;  WHEREAS, this City Council hereby finds and determines that it is a public purpose and in the best interests of the Issuer to refund the Refunded Obligations in order to achieve a present value debt service savings of at least 2.00%, with such savings, among otheri information and terms to be included in a pricing certificate (the "Pricing Certificate") to be executed by the Pricing Officer (hereinafter designated), all in accordance with the provisions of Section 1207.007, Texas  Government Code;  WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to WHEREAS, the bonds hereafter authorized are being issued and delivered pursuant to said WHEREAS, it is officially found, determined, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice oft the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by the applicable provisions of Tex. Gov't Code Ann. ch. BEITORDAINED BY THE CITY COUNCIL OF THE CITY OFPASADENA, TEXAS: Section 1. RECITALS, AMOUNT, PURPOSE AND DESIGNATION OFTHE BONDS.  maturity within 20 years of the date of the bonds hereinafter authorized;  Chapter 1207, Texas Government Code; and  551; Now, Therefore  (a) The recitals set forth in the preamble hereof are. incorporated herein and shall have the (b) The bonds of the City of Pasadena, Texas (the "Issuer"), are hereby authorized to be issued and delivered, in one or more series, in the aggregate principal amount hereinafter provided for the public purpose of providing funds to refund a portion of the Issuer's outstanding indebtedness and to pay the costs incurred in connection with the issuance of the Bonds.  same force and effect as if set forth in this Section.  (c) Each bond issued pursuant to this Ordinance shall be designated: "CITY OF PASADENA, TEXAS, GENERAL OBLIGATION REFUNDING BOND,SERIES 2024" (series tol be designated as described in Section 2(a)), and initially there shall bei issued, sold, and delivered  2    hereunder fully registered Bonds, without interest coupons, payable to the respective registered owners thereof (with the initial bonds being made payable to the Initial Purchaser as described in Section 10 hereof), or to the registered assignee or assignees of said bonds or any portion or portions thereof (in each case, the "Registered Owner"). The Bonds shall be in the respective denominations and principal amounts, shall be numbered, shall mature and be payable on the date or dates in each oft the years and in the principal amounts, and shall bear interest to their respective dates of maturity or redemption prior to maturity at the rates per annum, as set forth in the Pricing  Certificate.  Section 2. DELEGATION TO PRICING OFFICER.  (a) Asauthorized by Section 1207.007, Texas Government Code, as amended, the Mayor, City Controller, or Interim City Controller (each a "Pricing Officer") are each hereby authorized to act on behalf of the Issuer in selling and delivering the Bonds, in one or more series, and with respect to each such series, determining which of the Eligible Refunded Obligations shall be refunded and carrying out the other procedures specified in this Ordinance, including, determining the date of the Bonds, any additional or different designation or title by which the Bonds shall be known, the price at which the Bonds will be sold, the years in which the Bonds will mature, the principal amount to mature in each of such years, the rate of interest to be borne by each such maturity, the interest payment and record dates, the price and terms upon and at which the Bonds shall be subject to redemption priort to maturity at the option oft thel Issuer, as well as any mandatory sinking fund redemption provisions, and all other matters relating to the issuance, sale, and delivery of the Bonds and the refunding of the Refunded Bonds, including without limitation establishing the redemption dates for and effecting the redemption of the Refunded Obligations and obtaining municipal bond insurance for all or any portion of the Bonds and providing for the terms and provisions thereof applicable to the Bonds, including the execution of any commitment agreements, membership agreements in mutual insurance companies, and other similar agreements, all of which shall be specified in the Pricing Certificate; provided that:  (i) the aggregate original principal amount of the Bonds authorized pursuant to (ii) the refunding must produce a present value debt service savings, when (iii) the interest rate on each series of the Bonds ("True Interest Cost") shall not (iv) the final maturity of the Bonds shall not be later than February 15, 2033; and (iv) the delegation made hereby shall expire ifnot exercised by the Pricing Officer  this Ordinance, whether one or more series, shall not exceed $39,025,000; calculated with respect to all of the Refunded Obligations, of at least 2.00%;  exceed 5.00%;  on or before the 180th day following the date of adoption of this Ordinance.  (b) Ine establishing the aggregate principal amount of the Bonds, the Pricing Officer shall establish an amount not exceeding the amount authorized in Subsection (a) hereof, which shall be sufficient in amount to provide for the purposes for which the Bonds are authorized and to pay costs of issuing the Bonds. The Pricing Officer shall determine whether the Bonds will be sold  3    by private placement or negotiated or competitive sale. The Bonds shall be sold with and subject  tos such terms as set forth in the Pricing Certificate.  (c) Itis hereby found and determined that the refunding of the Refunded Obligations is advisable and necessary in order to restructure the debt service requirements oft the Issuer, and that the debt service requirements on the Bonds will be less than those on the Refunded Obligations, resulting in a reduction in the amount of principal and interest which otherwise would be payable. The Refunded Obligations are subject to redemption, at the option of the Issuer, and the Pricing Officer is hereby authorized to cause all of the Refunded Obligations to be called for redemption on the respective date or dates consistent with requirements set forth in subsection (a) of this Section, and the proper notices of such redemption to be given, and in each case at a redemption price of par, plus accrued interest to the date fixed for redemption. In furtherance of authority granted by Section 1207.007(b), Texas Government Code, the Pricing Officer is furthera authorized to enter into and execute on behalf of the Issuer with the escrow agent or deposit agent named therein (the "Escrow Agent"), an escrow agreement or deposit agreement, in the form and substance as shall be approved by the Pricing Officer, which escrow agreement or deposit agreement will provide for the payment in full of the Refunded Obligations (the "Escrow  Agreement").  In addition, the Priçing Officer is authorized to purchase such securities with proceeds of the Bonds, to execute such subscriptions for the purchase of the United States Treasury Securities State and Local Government Series, and to transfer and deposit such cash from available funds, as may be necessary or appropriate for the escrow fund (the "Escrow Fund")described in the Escrow  Agreement.  (d) In satisfaction of Section 1201.022()3)B), Texas Government Code, the Board of Trustees hereby determines that the delegation of the authority to the Pricing Officer to approve the final terms of the Bonds set forth in this Ordinance is, and the decisions made by the Pricing Officer pursuant to such delegated authority and incorporated into the Pricing Certificate will be, in the Issuer's best interests, and the Pricing Officer is hereby authorized to make and include in  the Pricing Certificate a finding to that effect.  Section 3. CHARACTERISTICS OF THE BONDS.  (a) Registration, Transfer, Conversion and Exchange; Authentication. The Issuer shall keep or cause tol be kept at the designated office oft the Bank ofl New York Mellon Trust Company, N.A. as the paying agent/registrar for the Bonds, or such other bank as designated in the Pricing Certificate (the "Paying Agent/Registrar"), books or records for the registration of the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such regstationsoftransters, conversions and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the Registered Owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each Registered Owner to notify the Paying Agent/Registrar in writing oft the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the  4    Registration Books during regular business hours oft the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and exchanges of) Bonds shall be made in the manner provided and with the effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. Attached hereto as Exhibit D is a form of the Paying Agent/Registrar Agreement between the City and the Paying Agent/Registrar which is hereby approved in substantially final form, and the Mayor and City Secretary of the City are hereby authorized to execute the Paying Agent/Registrar Agreement and  approve any changes in the final form thereof.  Except as provided in Section 3(c) of this Ordinance, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is sO executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person SO as to accomplish the foregoing conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be printed or typed on paper of customary weight and strength. Pursuant to Chapter 1201, Government Code, as amended, the duty of conversion and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Bond, the converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds that initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General oft the State ofTexas (the "Attorney General")and registered by the Comptroller rofPublic  Accounts of the State of Texas (the "Comptroller").  (b) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment ofi interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the past due interest shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Registered Owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (c) In General. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the Registered Owners thereof, (ii) may or shall be redeemed prior to their scheduled maturities, (ii) may be converted and exchanged for other Bonds, (iv) may be transferred and assigned, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and  5    interest on the Bonds shall be payable, and (viii)shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. The Initial Bond is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange fora any Bond orl Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENTREGISTRARS AUTHENTICATION CERTIFICATE, in the  form set forth in the FORM OF BOND.  (d) Paying Agent/Registrar for the Bonds. The Issuer covenants with the Registered Owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other entity to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be a single entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each Registered Owner oft the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be  delivered to each Paying Agent/Registrar.  (e) Authentication. Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit ofthis Ordinance unless and until there appears thereon the Certificate of Paying Agent/Registrar substantially in the form provided in this Ordinance, duly authenticated by manual execution of the Paying Agent/Registrar. Itshall not be required that the same authorized representative of the Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Bonds. In lieu of the executed Certificate of Paying Agent/Registrar described above, thel Initial Bond delivered on the closing date shall have attached thereto the Comptroller's Registration Certificate substantially in the form provided in this Ordinance, manually executed by the Comptroller or by her duly authorized agent, which certificate shall be evidence that the Initial Bond has been duly approved by the Attorney General and that it is a valid and binding obligation of the Issuer, and has been registered by the  Comptroller.  () Book- Entry-Only System. The Bonds issued in exchange for the Initial Bond shall be initially issued in the form of a separate, single, fully-registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"),  6    and except as provided in subsection (g) hereof, all of the outstanding Bonds shall be registered in  the name of Cede & Co., as nominee of DTC.  With respect tol Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have noi responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Registered Owner of Bonds, as shown on the Registration Books, of any notice with respect to the Bonds, or (iii) the payment to any DTC Participant or any other person, other than a Registered Owner of Bonds, as shown in the Registration Books of any amount with respect to principal of or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in thel Registration Books as the absolute owner of such Bond for the purpose ofpayment of principal and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon the order oft the Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect toj payment of principal ofand interest on the Bonds tot the extent of the sum or sums sO paid. No person other than a Registered Owner, as shown in the Registration Books, shall receive a Bond evidencing the obligation of the Issuer to make payments of principal and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the Registered Owner at the close of business on the Record date, the words "Cede & Co."i in this Ordinance shall refer to such new nominee of DTC.  The previous execution and delivery of the Blanket Issuer Letter of Representations: with respect to obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof  shall be fully applicable to the Bonds.  (g) Successor Securities Depository: Transfers Outside Book-Entry-Only System. Int the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the Blanket Issuer Letter of Representations to DTC or that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i)a appoint a successor securities depository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Bonds and transfer one or more separate certificated Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of  7    DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Registered Owners transferring or exchanging Bonds shall designate,  in accordance with the provisions of this Ordinance.  (h) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee ofDTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Blanket Issuer  Letter of Representations to DTC.  (i) Cancellation of Initial Bond. On the closing date, the Initial Bond, representing the entire principal amount of the Bonds, payable in stated installments to the Initial Purchaser designated in Section 10 or its designee, executed by manual or facsimile signature of the Mayor and City Clerk ofthe Issuer, approved by the Attorney General, and registered and manually signed by the Comptroller, will be delivered to the Initial Purchaser or its designee. Upon payment for the Initial Bond, the Paying Agent/Registrar shall cancel the Initial Bond and deliver to DTC on behalf of such Initial Purchaser one registered definitive Bond for each year of maturity of the Bonds, in the aggregate principal amount of all oft the Bonds for such maturity. Tot the extent that the Paying Agent/Registrar is eligible to participate in DTC's FAST System, pursuant to an agreement between the Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall hold  the definitive Bonds in safekeeping for DTC.  () Conditional Notice of Redemption. With respect to any optional redemption of the Bonds, unless the prerequisites to such redemption required by this Ordinance have been met and moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving ofs such notice of redemption, such notice shall state that said redemption may, at the option of the Issuer, be conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed fors such redemption, or upon any prerequisite set forth ins such notice ofr redemption. Ifaconditional notice oft redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall be of no force and effect, the Issuer shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, tot the effect that the Bonds have not been  redeemed.  Section 4. FORM OF BONDS. The form of the Bonds, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Comptroller's Registration Certificate to be attached to the Initial Bond shall be, respectively, substantially as follows, with such appropriate variations, omissions ori insertions as are permitted or required by this Ordinance, and with the Form of Bond to be modified pursuant to, and  completed with information set forth in, the Pricing Certificate.  8    (a) [Form of Bond]  NO.R-  UNITED STATES OF AMERICA STATE OF TEXAS CITY OFI PASADENA, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 2024  PRINCIPAL AMOUNT  Interest Rate  Dated Date  Maturity Date  CUSIP No.  2024  REGISTERED OWNER: PRINCIPAL AMOUNT:  DOLLARS  ON THE MATURITY DATE specified above, the City of Pasadena, in Harris County, Texas (the "Issuer"), being aj political subdivision and municipal corporation oft the State ofTexas, hereby promises toj pay to the Registered Owner specified above, or registered assigns (hereinafter called the Registered Owner"), on the Maturity Date specified above, the Principal Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof the Interest Rate per annum specified above. Interest is payable on August 15, 2025 and semiannually on each February 15 and August 15 thereafter to the Maturity Date specified above, ort the date of redemption prior to maturity; except, ifthis Bond is required tol be authenticated and the date ofits authentication is later than the first Record Date (hereinafter defined), such] Principal Amount shall bearinterest from thei interest payment date next preceding the date ofauthentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereoft the interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in  (calculated on the basis of a 360-day year of twelve 30-day months) from  2024 at  full.  THE. PRINCIPAL OF AND INTEREST ON THIS BOND are payable in lawful money of the United States of America, without exchange or collection charges. The principal oft this Bond shall be paid to the Registered Owner hereof upon presentation and surrender of this Bond at maturity at the designated corporate trust or commercial banking office (initially located in Dallas, Texas) of The Bank of New York Mellon Trust Company, N.A., which is the "Paying Agent/Registrar" for this Bond. The payment ofinterest on this Bond shall be made by the Paying Agent/Registrar to the Registered Owner hereof on each interest payment date by check or draft, dated as ofs suchi interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds oft the City required by the ordinance authorizing the issuance oft the Bonds (the' "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States  9    mail, first-class postage prepaid, on each such interest payment date, to the Registered Owner hereof, ati its address as it appeared on the last business day of the month next preceding each such date (the "Record Date-") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Registered Owner. In the event of a non-payment ofi interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, tot the address ofeach owner ofal Bond appearing on the Registration Books at the close ofbusiness on the last business day next preceding the date of mailing of such notice. The City covenants with the Registered Owner of this Bond that on or before each principal payment date and interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the pay- ment, in immediately available funds, of all principal of and interest on the Bonds, when due. ANY ACCRUED INTEREST due at maturity or upon the redemption of this Bond prior to maturity as provided herein shall be paid to the Registered Owner upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the Registered Owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due.  IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original  date payment was due.  THIS BOND is one of a series of Bonds dated  authorized in  accordance with the Constitution and laws of the State of Texas in the principal amount of  $_  for the public purposes of refunding certain outstanding obligations of the Issuer  and paying the costs incurred in connection with the issuance of the Bonds.  [ON  or on any date thereafter, the Bonds of this series may be  redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion ofa al Bond may be redeemed only in an integral multiple of $5,000), at a redemption price equal to the principal amount to be redeemed plus accrued interest to the date fixed for  redemption.]  10    [THE BONDS scheduled to mature on  in the years  and  (the  "Term Bonds") are subject to scheduled mandatory redemption by the Paying Agent/Registrar by lot, or by any other customary method that results in a random selection, at a price equal to the principal amount thereof, plus accrued interest to the redemption date, out of moneys available for such purpose in the interest and sinking fund for the Bonds, on the dates and in the respective  principal amounts, set forth in the following schedule:  Bonds Maturing Year  Bonds Maturing  Bonds Maturing  Principal Amount  Principal Amount  Principal Amount  Year  Year  (I) Stated maturity.  The principal amount of Term Bonds of a stated maturity required to be redeemed on any mandatory redemption date pursuant to the operation of the mandatory sinking fund redemption provisions shall be reduced, at the option oft the Issuer, by the principal amount of any" Term Bonds of the same maturity which, at least 45 days prior to a mandatory redemption date (1) shall have been acquired by the Issuera at aj price not exceeding the principal amount of such' Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request oft the Issuer at aj price not exceeding the principal amount ofs such' Term Bonds plus accrued interest to the date of purchase, or (3) shall have been redeemed pursuant to the optional redemption provisions and not theretofore credited against a mandatory redemption requirement.] [ATLEAST: 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, to the Registered Owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure of the Registered Owner to receive such notice, or any defect therein or int the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment oft the required redemption price for the Bonds or portions thereof that are to be sO redeemed. Ifsuch written notice of redemption is sent and ifd due provision for such] payment is made, all as provided above, the Bonds or portions thereof that are to be SO redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the Registered Owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. Ifap portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the Registered Owner, and in aggregate principal amount equal to the unredeemed portion thereof, will bei issued to the Registered Owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond  Ordinance.  11    IF AT THE TIME OF MAILING of notice of optional redemption there shall not have either been deposited with the Paying Agent/Registrar or legally authorized escrow agent immediately available funds sufficient to redeem all the Bonds called for redemption, such notice may state that it is conditional, and is subject to the deposit of the redemption moneys with the Paying Agent/Registrar or legally authorized escrow agent at or prior to the redemption date. If such redemption is not effectuated, the Paying Agent/Registrar shall, within five days thereafter, give notice in the manner in which the notice of redemption was given that such moneys were not  sO received and shall rescind the redemption.]  ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination ofa any integral multiple of$5,000. Asp provided in the! Bond Ordinance, this Bond may, at the request of the Registered Owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered Bonds, without interest coupons, payable to the appropriate Registered Owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate Registered Owner, assignee or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. Among otherrequirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be registered. The Form of Assignment printed or endorsed on this Bond may be executed by the Registered Owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the Registered Owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging: any Bond or portion thereof will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion ore exchange, asacondition precedent to the exercise ofs such privilege. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) with respect to any Bond or any portion thereof called for redemption prior  tor maturity, within 45 days prior to its redemption date.  IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written  notice thereof to be mailed to the Registered Owners of the Bonds.  IT ISI HEREBY certified, recited and covenanted that this Bond has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond,  12    as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment, within the  limit prescribed by law.  THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided therein, and under some (but not all) circumstances amendments thereto must be approved by the Registered Owners of a majority in aggregate principal amount of the outstanding Bonds.  BY BECOMING the Registered Owner of this Bond, the Registered Owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each  Registered Owner hereof and the Issuer.  IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor or Mayor-Pro Tem of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of said Issuer, and has caused the official seal  of the Issuer to be duly impressed, or placed in facsimile, on this Bond.  (signature) City Secretary  (signature) Mayor  (SEAL)  (INSERT BOND INSURANCE LEGEND, IF ANY)  (b) [Form of Paying Agent/Registrar's Authentication Certificate]  PAYING AGENTREGISTRARS AUTHENTICATION CERTIFICATE  (Tol be executed ift this Bond is not accompanied by an executed Comptroller's Registration Certificate)  Itis hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this Bond; and that this Bond has been issued in conversion or replacement of, ori in exchange for, a Bond, Bonds, or a portion ofal Bond or Bonds of a series that originally was approved by the Attorney General of the State of Texas and registered by the  Comptroller of Public Accounts oft the State ofTexas.  Dated:  [NAME OF PAYING AGENTREGISTRAR  [CITY], [STATE] Paying Agent/Registrar  13    By:  Authorized Representative  (c) [Form of Assignment]  ASSIGNMENT  For value received, the undersigned hereby sells, assigns and transfers unto: Please insert Social Security or Taxpayer Identification Number of Transferee: Please print or typewrite name and address, including zip code, of Transferee:  the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints within Bond on the books kept for registration thereof, with full power of substitution in the  attorney, to register the transfer of the  premises. Dated:  Signature Guaranteed:  NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee  NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Bond in every particular, without alteration or enlargement or any change whatsoever.  program.  (d) [Form of Comptroller's Registration Certificate]  COMPTROLLERSREGISTRATION CERTIFICATE: REGISTER NO.  Ihereby certify that there is on file and of record in my office a true and correct copy of the opinion of the Attorney General of the State of Texas approving this Bond and that this Bond  has been registered this day by me.  Witness my signature and seal this  Comptroller of Public Accounts of the State of Texas  COMPTROLLERS SEAL)  (e) [Initial Bond Insertions]  14    The Initial Bond shall be in the form set forth in paragraph (a) of this Section, A. immediately under the name of the Bond, the headings "Interest Rate" and "Maturity Date" shall both be completed with the words "As shown below"  except that:  and "CUSIP No.  " shall be deleted.  B. the first paragraph shall be deleted and the following will be inserted:  "THE CITY OF PASADENA, TEXAS, in Harris County, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered  Owner"), on  in each oft the years, in the principal installments and bearing interest at  the per annum rates set forth in the following schedule:  Years  Principal Amounts  Interest Rates  (Information from Pricing Certifiçate to be inserted)  The Issuer promises toj pay interest on the unpaid principal amount hereof (calculated on the basis  of a 360-day year of twelve 30-day months) from Rate per annum specified above. Interest is payable on.  at the respective Interest and semiannually on  each  and  thereafter to the date of payment of the principal installment  specified above, or the date of redemption prior to maturity; except, if this Bond is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but onor before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date to which  such interest has been paid in full."  C. The Initial Bond shall be numbered "T-1."  Section 5. INTEREST AND SINKING FUND.  (a)) ) A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer as a separate fund or account and the funds therein shall be deposited into and held in an account at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal of said Bonds. All amounts received from the sale of the Bonds as accrued interest shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied and collected for and on account of said Bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Bonds are outstanding and unpaid, the governing body of said Issuer shall compute  15    and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the interest on said Bonds as such interest comes due, and to provide and maintain a sinking fund adequate toj pay the principal of said Bonds as such principal matures (but never less than 2% of the original amount of said Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year while any of said Bonds are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Iflawfully available moneys of the Issuer are on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount oft taxes that otherwise would have been required tol be levied pursuant to this Section may be reduced to the extent and by the amount of the lawfully available  funds then on deposit in the Interest and Sinking Fund.  (b) Chapter 1208, Texas Government Code, applies to the issuance oft the Bonds and the pledge of the taxes granted by the Issuer under this Section and Section 9, respectively, and is therefore valid, effective, and perfected. Should Texas law be amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, in order to preserve to the Registered Owners of the Bonds a security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter9 9, Texas Business & Commerce Code and enable ai filing of a security interest in said pledge to occur. (c) Funds on deposit in the Interest and Sinking Fund shall be secured by the depository bank of the City in the manner and to the extent required by law to secure other public funds of the City and may be invested from time to time in any investment authorized by applicable law, including but not limited to the Public Funds Investment Act (Chapter 2256, Texas Government Code), and the City's investment policy adopted in accordance with the provisions of the Public Funds Investment Act; provided, however, that investments purchased for and held in the Interest and Sinking Fund shall have a final maturity no later than the next principal or interest payment date on which such funds will be needed. Income and profits from such investments shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on proceeds which are required to be rebated to the United States of America pursuant to Section 9 hereof in order to prevent the Bonds from being arbitrage bonds shall be SO rebated and  not considered as interest earnings for the purposes of this Section.  Section 6. DEFEASANCE OF BONDS.  (a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or  16    making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment ofi its services until all Defeased Bonds shall have become due and payable. At such time as al Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided ini this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Bonds that is made in conjunction with the payment arrangements specified in Subsection (a)(i) or (ii) of this Section shall not be irrevocable, provided that: (1)in the proceedings providing for such payment arrangements, the Issuer expressly reserves the right to call the Defeased Bonds for redemption; (2)gives notice of the reservation of that right to the Registered Owners of the Defeased Bonds immediately following the making of the payment arrangements; and (3) directs that notice of the  reservation be included in any redemption notices that it authorizes.  (b) Any moneys SO deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Bonds and interest thereon, with respect tov which such money has been sO deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in Subsection (a)(i) or (ii) of this Section. All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect to which such money has been SO deposited, shall be remitted to the Issuer or deposited as  directed in writing by the Issuer.  (c) The term "Defeasance Securities" means any securities and obligations now or hereafter authorized by State law that are eligible to discharge obligations such as the Bonds. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the: services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide  and pay: for such services as required by this Ordinance.  (e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount  of Bonds by such random method as it deems fair and appropriate.  17    Section 7. DAMAGED, MUTILATED, LOST,STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new Bond of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen or destroyed Bonds shall be made by the Registered Owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Bond, the Registered Owner applying for a replacement Bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Bond, the Registered Owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the Registered Owner shall surrender to the Paying Agent/Registrar for cançellation the Bond SO damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Ordinance, in the event any such Bond shall have matured, and no default has occurred that is then continuing in the payment of the principal of, redemption premium, if any, ori interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is  furnished as above provided in this Section.  (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement Bond, the Paying Agent/Registrar shall charge the Registered Owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement Bond issued pursuant tothe provisions of this Section by virtue oft the fact that any Bond is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this  Ordinance.  (e) Authority for Issuing Replacement Bonds. In accordance with Sec. 1206.022, Government Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement Bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such Bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 3(a) of  this Ordinance for Bonds issued in conversion and exchange for other Bonds.  Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION; CUSIPI NUMBERS ANDCONTINGENT! INSURANCEPROVSION.  IF OBTAINED; ENGAGEMENT OF BOND COUNSEL.  (a) Thel Mayor or Mayor-Pro Tem oft thel Issuer and each of the Pricing Officers are hereby authorized to have control of the Bonds initially issued and delivered hereunder and all necessary  18    records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the. Attorney General oft the State ofTexas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Bonds, and the seal ofsaid Comptroller: shall bei impressed, or placed in facsimile, on such Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. In addition, if bond insurance is obtained, the Bonds may bear an appropriate  legend as provided by the insurer.  (b) The obligation of the Initial Purchaser to accept delivery ofthel Bonds is subject to the Initial Purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of  initial delivery of the Bonds to the Initial Purchaser.  Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action that would adversely affect, the treatment of the Bonds as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is noti includable: int the "gross income" ofthel holder for purposes of federal income taxation.  BONDS.  Ini furtherance thereof, the Issuer covenants as follows:  (1) tot take any action to assure that no more than 10 percent of the proceeds oft the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, ifmore than 10 percent oft the proceeds ort the projects financed or refinanced therewith (the "Projects") are SO used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10j percent oft the debt service on thel Bonds,  in contravention of section 141(b)(2) oft the Code;  (2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not disproportionate," within the meaning of section 141(b)(3) of the Code, to the  governmental use;  (3) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or 5 percent oft the proceeds of the Bonds (less amounts deposited intoareserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code;  19    (4) to refrain from taking any action that would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) oft the Code; (5) to refrain from taking any action that would result in the Bonds being (6) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2)ofthe Code) that produces a materially higher yield over the term of the Bonds, other than investment property acquired with  "federally guaranteed" within the meaning of section 149(b) of the Code;  (A) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less, or, in the case of refunding bonds, for a period of 90 days or less until such proceeds are needed for the purpose for which the Bonds or refunding  bonds are issued,  (B) amounts invested in al bona fide debt service fund, within the meaning of section 1.148-1(b) of the rules and regulations of the United States Department  oft the Treasury ("Treasury Regulations"), and  (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the (7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, sO that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage);  Bonds;  (8) torefrain from using the proceeds of the Bonds or proceeds of any prior bonds top pay debt service on anotheri issue more than 90 days after the date ofissue of the Bonds in contravention of the requirements of section 149(d) of the Code (relating to advance  refundings);  (9) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings,"within the meaning of section 148(f) of the Code and toj pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess (b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(9), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Rebate Fund shall not be subject to the claim of any other person, including without limitation the Bondholders. The Rebate Fund is established for the additional purpose of  Earnings under section 148(f) of the Code.  compliance with section 148 of the Code.  (c) Use of] Proceeds. Forj purposes ofthe foregoing covenants (a)(I)and (a)(2), thel Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury  20    Regulations and, in the case of refunding bonds, transferred proceeds (ifany) and proceeds of the refunded bonds expended prior to the date ofi issuance oft the Bonds. Iti ist the understanding oft the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the United States Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated that modify or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that impose additional requirements applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationaly-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor or Pricing Officer to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds.  (d) Disposition of Projects. The Issuer covenants that the property constituting the projects financed or refinanced with the proceeds of the Bonds will not be sold or otherwise disposed in al transaction resulting in the receipt by the Issuer of cash or other compensation, unless any action taken in connection with: such disposition will not adversely affect the tax-exempt status of the Bonds. For purpose of the foregoing, the Issuer may rely on an opinion of nationally- recognized bond counsel that the action taken in connection with such sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant ifit obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes  from gross income of the interest.  (e) Written Procedures. Unless superseded by another action of the City, to ensure compliance with the covenants contained herein regarding private business use, remedial actions, arbitrage and rebate, the City Council hereby adopts and establishes the instructions attached  hereto as, Exhibit B as the City's written procedures  Section 10. SALE OF BONDS AND APPROVAL OF OFFICIAL STATEMENT; (a) The Bonds shall be sold and delivered subject to the provisions of Section 1 and Section 3 through a negotiated sale, competitive sale or private placement and pursuant to the terms and provisions ofap purchase contract or a notice of sale and bidding instructions and official bid form (in either case, the "Purchase Agreement") which the Pricing Officeri is hereby authorized to execute and deliver and in which the initial purchaser or purchasers (collectively, the "Initial Purchaser") oft the Bonds shall be designated. The Bonds shall initially be registered in the name  FURTHER PROCEDURES.  of the Initial Purchaser thereof as set forth in the Pricing Certificate.  21    (b) The Mayor, Mayor-Pro Tem and City Secretary are further authorized and directed to execute and deliver for and on behalf of the Issuer copies of a Preliminary Official Statement and Official Statement, prepared in connection with the offering oft the Bonds by the Initial Purchaser, in final form as may be required by the Initial Purchaser, and such final Official Statement in the form and content as approved by the Pricing Officerora as manually executed by said officials shall be deemed to be approved by the City Council of the Issuer and constitute the Official Statement authorized for distribution and use by the Initial Purchaser. The form and substance of the Preliminary Official Statement for the Bonds and any addenda, supplement or amendment thereto, all as approved by the Pricing Officer, are hereby deemed to be approved in all respects by the City Council of the Issuer, and the Preliminary Official Statement is hereby deemed final as ofits date (except for the omission of pricing and related information) within the meaning and for the  purpose of paragraph (b)(1) of the Rule (hereinafter defined).  (c) The Pricing Officer is authorized, in connection with effecting the sale of the Bonds, to obtain from a municipal bond insurance company SO designated in the Pricing Certificate (the "Insurer") a municipal bond insurance policy (the Insurance Policy") in support of the Bonds. To that end, should the Pricing Officer exercise such authority and commit the Issuer to obtain a municipal bond insurance policy, for so long as the Insurance Policy is in effect, the requirements oft the Insurer relating to the issuance of the Insurance Policy as set forth in the Pricing Certificate are incorporated by reference into this Ordinance and made a part hereof for all purposes, notwithstanding any other provision of this Ordinance to the contrary. The Pricing Officer shall have the authority to execute any documents to effect the issuance of the Insurance Policy by the  Insurer.  (d) The Mayor, Mayor-Pro Tem, the City Secretary, each Pricing Officer and all other officers, employees, and agents of the City shall be, and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the Issuer such documents, certificates and other instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions ofthis Ordinance, the Pricing Certificate, the Bonds, the Paying Agent Agreement, the Escrow Agreement, the sale ofthel Bonds and the Official Statement. In addition, prior to the initial delivery ofthe Bonds, the Mayor, Mayor Pro-Tem, City Secretary, each Pricing Officer, City Attorney and Bond Counsel are hereby authorized and directed to approve any technical changes or correction to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies or satisfy any requirements oft the provider ofar municipal bond insurance policy, if any, or (ii) obtain the approval of the Bonds by the Attorney General's office In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all  purposes the same as if such officer had remained in office until such delivery.  Section 11. COMPLIANCE WITH RULE 15c2-12.  (a) Definitions.  As used in this Section, the following terms have the meanings ascribed to such terms  22    below:  "Financial Obligation" means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that "financial obligation" shall not include municipal securities (as defined in the Securities Exchange Act of 1934, as amended) as to which a final official statement (as defined in the Rule) has been  provided to the MSRB consistent with the Rule.  "MSRB" means the Municipal Securities Rulemaking Board or any successor to its  functions under the Rule.  "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission.  (b) Annual Reports.  The Issuer shall provide annually to the MSRB, within six months after the end of each fiscal year ending in or after 2024, financial information and operating data with respect to the City oft the general typei included in the final Official Statement authorized by this Ordinance being the information described in Exhibit Chereto (or as otherwise provided in the Pricing Certificate). Any financial statements sO to be provided shall be (I)prepared in accordance with the accounting principles described in Exhibit CI hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. Ifthe audit of such financial statements is not complete within such period, then the City shall provide (1) unaudited financial statements for such fiscal year within such six month period, and (2) audited financial statements for the applicable fiscal year to the MSRB through EMMA when and if the audit report on such statements become available.  If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, ifit is available from the MSRB) that theretofore  has been provided to the MSRB or filed with the SEC.  (c) Notice of Certain Events. (i) The Issuer shall file notice of any of the following events with respect to thel Bonds with the MSRB in a timely manner and not more than 10 business  days after occurrence of the event:  (I) Principal and interest payment delinquencies; (2) Non- payment related defaults, if material;  (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform;  23    (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds;  (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers;  (9) Defeasances; material; (11) Rating changes;  (10) Release, substitution, or sale of property securing repayment of the Bonds, if  (12) Bankruptcy, insolvency, receivership, or similar event of the Issuer; (13) The consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such (14) Appointment of a successor or additional trustee or the change of name ofat trustee, (15) Incurrence of a Financial Obligation of the Issuer, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the Issuer, any of which affect security holders, if material; (16) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of al Financial Obligation of the Issuer, any of which  actions, other than pursuant toi its terms, if material;  ifmaterial;  and  reflect financial difficulties.  For these purposes, (i) any event described in the immediately preceding paragraph (12)is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the Issuer: in aj proceeding under the United States Bankruptcy Code ori in any other proceeding under state ori federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Issuer, ori if such jurisdiction has been assumed by leaving the existing governing body and officials or officers of the Issuer in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business oft the Issuer., and (ii)t the Issuerintends the words used in (5mddo)ateimmdney preceding paragraphs and the definition of Financial Obligation in this Section to have the same meanings as when they are used in the Rule, as evidenced by SEC Release No. 34-83885, dated  August 20, 2018.  The Issuer shall file notice with the MSRB, in a timely manner, of any failure by the Issuer toy provide financial information or operating data in accordance with Subsection (b)ofthis Section  by the time required by such Subsection.  (d) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for sO long as, but only for sol long as, the! Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (a) hereof of any  24    Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usetulness to a decision to invest in or sell Bonds at any future date.  (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR ORON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR  MANDAMUS OR SPECIFIC PERFORMANCE.  (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise  limit the duties of the Issuer under federal and state securities laws.  (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or ac change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions oft this Section, as SO amended, would have permitted an underwriter to purchase ors sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. If the Issuer SO amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) ofthis Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data SO provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement ift the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the  primary offering of the Bonds.  25    Section 12. METHOD OF AMENDMENT. The Issuer hereby reserves the right to (a) The Issuer may from time to time, without the consent of any holder, except as otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests oft the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (v) make such other provisions in regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the opinion of nationally recognized bond counsel materially adversely affect the  amend this Ordinance subject to the following terms and conditions, to-wit:  interests of the holders.  (b) Except as provided in paragraph (a) above, the holders of Bonds aggregating in principal amount 51% of the aggregate principal amount of then outstanding Bonds that are the subject of aj proposed amendment shall have the right from time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of the holders in aggregate principal amount of the then outstanding Bonds, nothing herein contained shall permit or be construed to permit amendment of the terms and  conditions of this Ordinance or in any of the Bonds SO as to:  (1) Make any change in the maturity of any of the outstanding Bonds; (2) Reduce the rate ofi interest borne by any of the outstanding Bonds; (3) Reduce the amount oft the principal of, orr redemption premium, ifany, payable (4) Modify the terms of payment of principal ord ofinterest or redemption premium on outstanding Bonds or any of them or impose any condition with respect to such  on any outstanding Bonds;  payment; or  (5) Change the minimum percentage of the principal amount of Bonds necessary  for consent to such amendment.  (c) Ifat any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall send by U.S. mail to each registered owner of the affected Bonds a copy of the proposed amendment. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for inspection by all holders  of such Bonds.  (d) Whenever at any time within one year from the date of mailing of such notice the Issuer shall receive an instrument or instruments executed by the holders of at least 51% in aggregate principal amount of all of the Bonds then outstanding that are required for the amendment, which instrument or instruments shall consent to and approve such amendment, the  Issuer may adopt the amendment in substantially the same form.  26    (e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders of such affected Bonds shall thereafter be determined, exercised, and enforced, subject in  all respects to such amendment.  (f) Any consent given by the holder ofa Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the publication of the notice provided for in this Section, and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of the publication of said notice by the holder who gave such consent, or by a successor in title, by filing notice with the Issuer, but such revocation shall not be effective if the holders of an majority in aggregate principal amount of the affected Bonds then outstanding, have, prior to the  attempted revocation, consented to and approved the amendment.  For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon the registration of the ownership of such Bonds on the registration books kept by the Paying  Agent/Registrar.  Section 13. DEFAULT AND REMEDIES.  (a) Events of Default. Each of the following occurrences or events for the purpose of  this Ordinance is hereby declared to be an Event of Default:  (i) the failure to make payment oft the principal of ori interest on any of the Bonds (ii) default in the performance or observance of any other covenant, agreement or obligation of the Issuer, the failure to perform which materially, adversely affects the rights of the Registered Owners of the Bonds, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any Registered Owner to the  when the same becomes due and payable; or  Issuer.  (b) Remedies for Default.  1) Upon the happening of any Event of Default, then and in every case, any Registered Owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the Issuer for the purpose of protecting and enforcing the rights of the Registered Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners hereunder or any  combination of such remedies.  27    (ii) Itis provided that all such proceedings shall be instituted and maintained for  the equal benefit of all Registered Owners of Bonds then outstanding.  (c) Remedies Not Exclusive.  (i) Nor remedy herein conferred or reserved isi intended tol be exclusive ofany other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Bonds shall  not be available as a remedy under this Ordinance. awaiver of any other available remedy.  (ii) The exercise of any remedy herein conferred or reserved shall not be deemed (iii) By accepting the delivery of a Bond authorized under this Ordinance, such Registered Owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to aj personal or pecuniary liability or charge against the officers, employees or agents oft the Section 14. APPROVAL OF ESCROW AGREEMENT ANDTRANSFER OF FUNDS. In furtherance ofauthority granted by Section 1207.007(b), Texas Government Code, the Pricing Officer is further authorized to enter into and execute on behalf of the Issuer with the escrow agent named therein (the "Escrow Agent"), an escrow or similar agreement (the "Escrow Agreement"), in the form and substance as shall be approved by the Pricing Officer, which agreement will provide for the payment in full of the Refunded Obligations. In addition, the Pricing Officer is authorized to purchase such securities, to execute such subscriptions for the purchase of the Escrowed Securities (as defined in the Escrow Agreement), if any, and to authorize such contributions for the escrow fund (the "Escrow Fund") as provided in the Escrow Agreement.  Issuer or the members of its governing body.  Section 15. REDEMPTION OF REFUNDED OBLIGATIONS.  (a) Subject to execution and delivery of the Purchase Agreement with the Initial Purchaser, the Issuer hereby directs that the Refunded Obligations be called for redemption on the dates and at such prices as set forth in the Pricing Certificate. The Pricing Officer is hereby authorized and directed to issue or cause to be issued Notice of Redemption of the Refunded Obligations in substantially the form set forth in Exhibit A attached hereto, completed with information from the Pricing Certificate, to the paying agent for the Refunded Obligations. The paying agent for the Refunded Obligations are hereby authorized and directed to issue or cause to  be issued the Notices of Redemption of the Refunded Obligations.  (b) In addition, the paying agent for the Refunded Obligations is hereby directed to provide the appropriate notices of redemption and defeasance as specified by the ordinance authorizing the issuance of Refunded Obligations and is hereby directed to make appropriate arrangements. sO that the Refunded Obligations may be redeemed on their redemption dates. The Refunded Obligations shall be presented for redemption at the paying agent therefor, and shall not  beari interest after the date fixed for redemption.  28    (c) Ifthe redemption of the Refunded Obligations results in the partial refunding of any maturity of the Refunded Obligations, the Pricing Officer shall direct the paying agent/registrar for the Refunded Obligations to designate at random and by lot which of the Refunded Obligations will be payable from and secured solely from ad valorem taxes of the Issuer pursuant to the ordinance of the Issuer authorizing the issuance of such Refunded Obligations (the "Refunded Bond Ordinance"). The paying agent/registrar shall notify by first-class mail all registered owners of all affected bonds ofs such maturities that: (i) aj portion of such bonds have been refunded and are secured until final maturity solely with cash and investments maintained by the Escrow Agent in the Escrow Fund, (ii) the principal amount of all affected bonds of such maturities registered in the name of such registered owner that have been refunded and are payable solely from cash and investments in the Escrow Fund and the remaining principal amount of all affected bonds of such maturities registered in the name of such registered owner, if any, have not been refunded and are payable and secured solely from ad valorem taxes of the Issuer described in the Refunded Obligation Ordinance, (iii) the registered owner is required to submit his or her Refunded Obligations to the paying agent/registrar, for the purposes of re-registering such registered owner's bonds and assigning new CUSIP numbers in order to distinguish the source of payment for the principal and interest on such bonds, and (iv) payment of principal of and interest on such bonds may, in some circumstances, be delayed until such bonds have been re-registered  and new CUSIP numbers have been assigned as required by (ii) above.  (d) The source of funds for payment of the principal of and interest on the Refunded Obligations on their respective maturity or redemption dates shall be from the funds deposited with the Escrow Agent pursuant to the Escrow Agreement approved in Section 14 of this  Ordinance.  Section 16. APPROPRIATION. Toj pay the debt service coming due on the Bonds prior to receipt of the taxes levied to pay such debt service, if any, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount, which together with capitalized interest received from the sale of the Bonds, if any, will be sufficient to pay such debt service, and such amount shall be used for no other purpose.  Section 17. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Ordinance, despite such invalidity, which remaining  portions shall remain in full force and effect.  Section 18. EFFECTIVE DATE. In accordance with the provisions of Texas Government Code Section 1201.028, this Ordinance shall be effective immediately upon its  adoption by the City Council.  [Remainder of page intentionally left blank]  29    APPROVED AND ADOPTED ON THE 5th day of November, 2024.  Mayor City of Pasadena, Texas  Attest  City Secretary City of Pasadena, Texas  [CITY SEAL]  City of Pasadena, Texas General Obligation Refunding Bonds, Series 2024  Signature Page to Ordinance    EXHIBIT A  [FORM OF NOTICE OF REDEMPTION) NOTICE OF REDEMPTION  NOTICE IS HEREBY GIVEN that the City of Pasadena, Texas has called for redemption City of Pasadena, Texas General Obligation Refunding Bonds, Series 2015, dated August 1, 2015, scheduled to mature February 15 in the years 2025 through 2027, inclusive, and currently outstanding in the aggregate principal amount of City of Pasadena, Texas General Obligation Refunding Bonds, Series 2016, dated January 1,2016, scheduled to mature February 15 in the years 2025 through 2033, inclusive, and currently outstanding in the aggregate principal amount of City of Pasadena, Texas General Obligation Refunding Bonds, Series 2016A, dated June 1, 2016, scheduled to mature February 15 in the years 2025 through 2028, inclusive, and currently outstanding in the aggregate principal amount of  the outstanding Bonds of the City described as follows:  $2,890,000;  $36,585,000;  $7,800,000;  Redemption date: [February 15, 2025]; redeemable at a redemption price of par plus accrued interest at the Designated Payment/Transfer Office of The Bank of New York Mellon Trust Company, N.A. in Dallas, Texas (the "Paying Agent") only upon presentation and surrender  thereof by the holder thereof.  Ifmoneys sufficient for the payment of such redemption price are held by or on behalfo of the Paying Agent, the described Bonds shall become due and payable on the redemption date specified, and the interest thereon shall cease to accrue from and after the redemption date. Inc compliance with section 3406 of the Internal Revenue Code of 1986, the Paying Agent may be obligated to deduct and withhold 30 percent of such payment from the remittance to any payee who has failed to provide the Paying Agent with a valid taxpayer identification number. To avoid the imposition of the withholding of tax, such payees should submit a taxpayer  identification number when surrendering the Bonds for redemption.  NOTICE IS FURTHER GIVEN that all Bonds should be submitted to the following  address:  THE BANK OF NEW YORK MELLON TRUST COMPANY,  N.A.  ATTN: Corporate Trust 2001 Bryan Street, gth Floor Dallas, TX 75201    EXHIBITB  WRITTEN PROCEDURES RELATINGTO  CONTINUING COMPLIANCE WITH FEDERALTAX COVENANTS A. Arbitrage. With respect to the investment and expenditure of the proceeds oft the Bonds, the City's chief financial officer (the "Responsible Person"), which is currently the  Controller of the City will:  (i) instruct the appropriate person or persons that the construction, renovation or acquisition of the facilities financed with the Bonds must proceed with due diligence and that binding contracts for the expenditure of at least 5% of the proceeds of the Bonds will be entered into within six (6) months of the date of  delivery of the Bonds (the "Issue Date");  (ii) monitor that at least 85% of the proceeds of the Bonds to be used for the construction, renovation or acquisition of any facilities are expended within three  (3) years of the Issue Date; of the Issue Date;  (iii) restrict the yield of the investments to the yield on the Bonds after three (3) years (iv) monitor all amounts deposited into a sinking fund or funds (e.g., the Interest and Sinking Fund), to assure that the maximum amount invested at a yield higher than the yield on the Bonds does not exceed an amount equal to the debt service on the Bonds in the succeeding 12 month period plus a carryover amount equal to one- twelfth of the principal and interest payable on the Bonds for the immediately  preceding 12-month period;  (v) ensure that no more than 50% of the proceeds of the Bonds are invested in an (vi) maintain any official action ofthe City (such as ai reimbursement resolution) stating its intent to reimburse with the proceeds of the Bonds any amount expended prior tothe Issue Date for the acquisition, renovation or construction of the facilities; (vii) ensure that the applicable information return (e.g., IRS Form 8038-G, 8038-GC, or (vili) assure that, unless excepted from rebate and yield restriction under section 148(f) of the Code, excess investment earnings are computed and paid to the U.S. government at such time and in such manner as directed by the IRS (A) at least every 5 years after the Issue Date and (B) within 30 days after the date the Bonds  investment with a guaranteed yield for four years or more;  any successor forms) is timely filed with the IRS; and  are retired.    B. Private Business Use. With respect to the use of the facilities financed or (i) monitor the date on which the facilities are substantially complete and available to (ii) monitor whether, at any time the Bonds are outstanding, any person, other than the City, the employees of the City, the agents of the City or members of the general public has any contractual right (such as a lease, purchase, management or other  refinanced with the proceeds oft the Bonds the Responsible Person will:  be used for the purpose intended;  service agreement) with respect to any portion of the facilities;  (iii) monitor whether, at any time the Bonds are outstanding, any person, other than the City, the employees of the City, the agents of the City or members of the general public has a right to use the output of the facilities (e.g., water, gas, electricity); (iv) monitor whether, at any time the Bonds are outstanding, any person, other than the City, the employees of the City, the agents of the City or members of the general public has a right to use the facilities to conduct or to direct the conduct of research; (v) determine whether, at any time the Bonds are outstanding, any person, other than the City, has a naming right for the facilities or any other contractual right granting  an intangible benefit; otherwise disposed of; and  (vi) determine whether, at any time the Bonds are outstanding, the facilities are sold or (vii) take such action as is necessary to remediate any failure to maintain compliance with the covenants contained in the Ordinance related to the public use of the Record Retention. The Responsible Person will maintain or cause to be  facilities.  C.  maintained all records relating to the investment and expenditure oft the proceeds of the Bonds and the use of the facilities financed or refinanced thereby for aj period ending three (3) years after the complete extinguishment oft the Bonds. Ifany portion oft the Bonds is refunded with the proceeds of another series of tax-exempt obligations, such records shall be maintained until the three (3) years after the refunding obligations are completely extinguished. Such records can be  maintained in paper or electronic format.  D. Responsible Person. The Responsible Person shall receive appropriate training regarding the City's accounting system, contract intake system, facilities management and other systems necessary to track the investment and expenditure of the proceeds and the use of the facilities financed or refinançed with the proceeds of the Bonds. The foregoing notwithstanding, the! Responsible Person is authorized and instructed to retain such experienced advisors and agents  as may be necessary to carry out the purposes of these instructions.    EXHIBIT C  DESCRIPTION OF ANNUAL FINANCIAL INFORMATION  The following information is referred toi in Section 11 of this Ordinance.  Annual Financial Statements and Operating Data  The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under  the headings of the Official Statement referred to) below:  1.  The annual audited financial statements of the City or the unaudited financial  statements oft the City in the event audited financial statements are not completed within six months  after the end of any fiscal year.  2.  All quantitative financial information and operating data with respect to the City of  the general type included under the headings RETIREMENT PLAN" and "INVESTMENT POLICIES - Current Investments" in the Official Statement and in Appendix A of the Official  Statement under Tables 1 through 12 and 16 through 19 thereof.  Accounting Principles  The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred toi in paragraph 1 above.  C-1    EXHIBITD  FORM OF PAYING AGENT/REGISTRAR AGREEMENT    PAYING AGENTREGISTRAR, AGREEMENT  THIS PAYING. AGENTIREGITRAR AGREEMENT, dated as of [December 1, 2024] (this Agreement"), by and between the CITY OF PASADENA, TEXAS (the "Issuer") and THE BANK OF NEW YORK MELLON, N.A., (the "Bank"), a national banking association duly organized and operating under the laws of the United States of America and authorized to  transact business in the State of Texas.  WHEREAS, the Issuer has duly authorized and provided for the issuance of its CITY OF PASADENA, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2024 (the "Securities"), such Securities to be issued in fully registered form only as to the payment of principal and  interest thereon; and  WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on the Securities and with respect to the registration, transfer, and exchange thereof by the registered owners  on or about [December 18, 2024]; and  thereof; and  WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the  Securities;  NOW, THEREFORE, it is mutually agreed as follows:  ARTICLE ONE  APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR SECTION 1.01. APPOINTMENT The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities. As Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof, all in  accordance with this Agreement and the "Ordinance" (hereinafter defined).  The Issuer hereby appoints the Bank as Registrar with respect to the Securities. As Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the Ordinance, a copy of which books and records shall be maintained at the office of the Bank located in the State of Texas or shall be available to  be accessed from such office located in the State of Texas.  The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and  Registrar for the Securities.    SECTION 1.02. COMPENSATION. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Schedule A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the  following Fiscal Year.  In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and  disbursements of its agents and counsel).  ARTICLETWO DEFINITIONS  SECTION 2.01. DEFINITIONS. For all purposes of this Agreement, except as otherwise "Bank Office" means the corporate trust or commercial banking office of the Bank  expressly provided or unless the context otherwise requires:  initially located at the following address:  The Bank of New York Mellon, N.A.  Attention: Corporate Trust Services 2001 Bryan Street, 9th Floor Dallas, Texas 75201  The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Fiscal Year" means the fiscal year of the Issuer, ending September 30.  "Holder" and "Security Holder" each means the Person in whose name a Security is "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Ordinance" means the ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the City Secretary or any other officer of the Issuer and  registered in the Security Register.  delivered to the Bank.  "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political  subdivision of a government.  Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security    (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to  Section 4.06 hereof and the Ordinance).  "Redemption Date" when used with respect to any Security to be redeemed means the "Responsible Officer" when used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to aj particular corporate trust matter, any other officer to whom such matter isr referred because ofl his knowledge of and familiarity with the particular subject.  date fixed for such redemption pursuant to the terms of the Ordinance.  "Security Register" means a register maintained by the Bank on behalf of the Issuer "Stated Maturity" means the date specified in the Ordinance the principal of a Security is SECTION 2.02. OTHER DEFINITIONS. The terms "Bank," "Issuer," and "Securities" ("Security") have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties  providing for the registration and transfer of the Securities.  scheduled to be due and payable.  and functions of this Agreement.  ARTICLE THREE PAYING AGENT  SECTION 3.01. DUTIES OF PAYING AGENT. (a) Principal Payments. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity or Redemption Date, to the Holder upon surrender of the Security to the Bank at the  Bank Office.  (b) Interest Payments. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and preparing and sending checks by United States mail, first class postage prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the respective Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and  expense.  3    (c) Federal Tax Information Reporting. To the extent required by the Code and the Treasury Regulations (both as defined in the Ordinance), it shall be the duty of the Bank to report to the owners of the Securities and the Internal Revenue Service (i) the amount of "reportable payments," if any, subject to back up withholding during each year and the amount of tax withheld, if any, with respect to the payments on the Securities, and () the amount of interest or amount treated as interest, such as original issue discount, on the Securities required to be included in the gross income of the owners thereof for federal income tax purposes. principal of and interest on the Securities on the dates specified in the Ordinance.  SECTION 3.02. PAYMENT DATES. The Issuer hereby instructs the Bank to pay the  ARTICLE FOUR REGISTRAR  SECTION 4.01. SECURITY REGISTER - TRANSFERS ANDI EXCHANGES. The Bank agrees tol keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange, and replacement of the Securities, and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. If the Bank Office is located outside the State of Texas, a copy of the Security Register shall bel kept in the State of Texas. All transfers, exchanges, and replacement of Securities shall be noted in the Security Register.  Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the Financial Industry Regulatory Authority, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly  authorized in writing.  The Bank may request any supporting documentation it feels necessary to effect a To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying SECTION 4.02. SECURITIES. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than  re-registration, transfer, or exchange of the Securities.  Agent/Registrar.  4    the care maintained by the Bank for debt securities of other political subdivisions or corporations  for which it serves as registrar, or that is maintained fori its own securities.  SECTION 4.03. FORM OF SECURITY REGISTER. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer, and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than  those which the Bank has currently available and currently utilizes at the time.  The Security Register may be maintained in written form or in any other form capable of SECTION 4.04. LISTOF SECURITY HOLDERS. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into  being converted into written form within a reasonable time.  written form.  Unless required by law, the Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer sO that the Issuer may contest the court order or such  release or disclosure of the contents of the Security Register.  SECTION 4.05. RETURN OF CANCELLED SECURITIES. The Bank will, at such reasonable intervals as it determines, surrender Securities to the Issuer in lieu of which or in exchange for which other Securities have been issued, or which have been paid, or will provide a  certificate of destruction relating thereto.  SECTION 4.06. MUTILATED, DESTROYED, LosT, OR STOLEN SECURITIES. The Issuer hereby instructs the Bank, subject to the applicable provisions of the Ordinance, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as  long as the same does not result in an over issuance.  5    Inc case any Security shall be mutilated, or destroyed, lost, or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporancously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost, or stolen Security, only after () the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss, or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution, and delivery of a replacement Security shall  be borne by the Holder of the Security mutilated, or destroyed, lost, or stolen.  SECTION 4.07. TRANSACTION INFORMATION TO ISSUER. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as tot the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for ori in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06.  ARTICLE FIVE THE BANK  SECTION 5.01. DUTIES OF BANK. The Bank undertakes to perform the duties set forth herein and in the Ordinance and agrees to use reasonable care in the performance thereof. The Bank is also authorized to transfer funds relating to the closing and initial delivery of the Securities in the manner disclosed in the closing memorandum as prepared by the Issuer's financial advisor, bond counsel or other agent. The Bank may act on a facsimile or e-mail transmission of the closing memorandum acknowledged by the financial advisor or the Issuer as the final closing memorandum. The Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bank's reliance upon and compliance with such  instructions.  SECTION 5.02. RELIANCE ON DOCUMENTS, Erc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates  or opinions furnished to the Bank.  (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the  pertinent facts.  (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any ofi its duties hereunder, or in the exercise of any ofi its rights or powers, ifit shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is  not assured toit.  6    (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated inare resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by the Issuer.  (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. hereunder either directly or by or through agents or attorneys of the Bank.  (f) The Bank may exercise any of the powers hereunder and perform any duties SECTION 5.03. RECITALS OF ISSUER. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes  no responsibility for their correctness.  The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, SECTION 5.04. MAY HOLD SECURITIES. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have ifit were not the Paying Agent/Registrar, or any other agent. SECTION 5.05. MONEY HELD BY BANK. The Bank shall deposit any moneys received from the Issuer into an account to be held in an agent capacity for the payment of the Securities, with such moneys in the account that exceed the deposit insurance, available to the Issuer, provided by the Federal Deposit Insurance Corporation to be fully collateralized with securities or obligations that are eligible under the laws of the State of Texas and to the extent practicable under the laws of the United States of America to secure and be pledged as collateral for accounts until the principal and interest on such securities have been presented for payment and paid to the owner thereof. Payments made from such account shall be made by check drawn on such account unless the owner of such Securities shall, at its own expense and risk, request such  or any other Person for any amount due on any Security from its own funds.  other medium of payment.  Funds held by the Bank hereunder need not be segregated from any other funds provided The Bank shall be under no liability for interest on any money received by it hereunder.  appropriate accounts are maintained in the name and for the benefit of the Issuer.  7    Any money deposited with the Bank for the payment on any Security and remaining unclaimed for three years after final maturity of the Security has become due and payable will be held by the Bank and disposed of only in accordance with Title 6 of the Property Code  (Unclaimed Property).  The Bank will comply with the reporting provisions of Chapter 74 of the Property Code with respect to property that is presumed abandoned under Chapter 72 or Chapter 75 of the  Property Code or inactive under Chapter 73 oft the Property Code.  SECTION 5.06. INDEMNIFICATION. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this  Agreement.  SECTION 5.07. INTERPLEADER. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the County in the State of Texas where either the Bank maintains an office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction located in the State of Texas to determine the rights of any Person  claiming any interest herein.  SECTION 5.08. DEPOSITORY TRUST COMPANY SERVICES. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements," - effective from time to time, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of  redemptions and calls.  SECTION 5.09. CERTIBICATE OF INTERESTED PARTIES FORM 1295. The Bank represents and warrants that it is exempt from the requirements of Section 2252.908 oft the Texas Government Code, as amended, pursuant to subsection (c)(4) thereof, and, accordingly, the Bank is not required to file a Certificate of Interested Parties Form 1295 otherwise  prescribed thereunder.  SECTION5.10. NOTALISTEDCOMPANI The Bank represents that neitheritnor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted  8    on any ofthe following pages of such officer's internet website:  ttps/comptrollelexas.gov/purchasing/docs/sudanlist.pdr; ttps:l/comptrollr.texas.gov.purchasing/docs/ran-IsL.pdr; or ntps/comproleriexsgoVpuirchaingg/docy/OIsLpd:  The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Bank and each of its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Bank understands "affiliate" to mean any entity that controls, is controlled by, or is under common control with the Bank and exists to  make a profit.  ARTICLESIX  MISCELLANEOUS PROVISIONS  SECTION 6.01. AMENDMENT. This Agreement may be amended only by an agreement SECTION 6.02. ASSIGNMENT. This Agreement may not be assigned by either party SECTION 6.03. NOTICES. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer at the address shown on the signature page of this Agreement or to the Bank at the address shown under the defined term "Bank  in writing signed by both of the parties hereto. without the prior written consent of the other.  Office" in Section 2.01 oft this Agreement.  SECTION 6.04. EFFECT OF HEADINGS. The Article and Section headings herein are for SECTION 6.05. SUCCESSORS AND ASSIGNS; MERGER, CONVERSION, CONSOLIDATION OR SUCCESSION. All covenants and agreements herein by the Issuer shall bind its successors  convenience only and shall not affect the construction hereof.  and assigns, whether SO expressed or not.  Any corporation into which the Bank may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion, or consolidation to which the Bank shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Bank shall be the successor Bank hereunder without the execution or filing of any paper or any further act on the part of either of the parties hereto. In case any Security shall have been registered, but not delivered, by the Bank then in office, any successor by merger, conversion, or consolidation to such authenticating Bank may adopt such registration  9    and deliver the Security sO registered with the same effect as if such successor Bank had itself  registered such Security.  SECTION 6.06. SEVERABILITY. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in  any way be affected or impaired thereby.  SECTION 6.07. BENEFITS OF AGREEMENT Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or  any legal or equitable right, remedy, or claim hereunder.  SECTION 6.08. ENTIREAGREEMENT This Agreement and the Ordinance constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Ordinance, the Ordinance shall govern. SECTION 6.09. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and  the same. Agreement.  SECTION 6.10. TERMINATION. This Agreement will terminate on the date of final payment of the principal of and interest on the Securities to the Holders thereof or may be earlier terminated by either party upon 60 days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted, and (b) notice has been given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. If the 60-day notice period expires and no successor has been appointed, the Bank, at the expense of the Issuer, has the right to petition a court of competent jurisdiction to appoint a successor under the Agreement. Furthermore, the Bank and the Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities.  Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by  the Issuer.  The provisions of Section 1.02 and of Article Five shall survive and remain in full force SECTION 6.11. GOVERNING LAW. This Agreement shall be construed in accordance  and effect following the termination of this Agreement. with and governed by the laws of the State of Texas.  10    [The remainder of this page intentionally left blank]  11    IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the  day and year first above written.  THE BANK OF] NEW YORK MELLON, N.A.  By: Title:  Address: 2001 Bryan Street, gth Floor  Dallas, Texas 75201  CITY OF PASADENA, TEXAS  By: Title: Mayor Address:  1149 Ellsworth Drive Pasadena, Texas 77506  Attest:  Title: City Secretary [ISSUER SEAL]  [SIGNATURE! PAGETOI PAYING. AGENT/REGISTRAR AGREEMENT RELATINGTOTHE  GENERAL OBLIGATION REFUNDING BONDS SERIES 2021]    SCHEDULEA  PAYING AGENT/REGISTRAR FEE SCHEDULE  SEE ATTACHED SCHEDULE    AGENDA REQUEST  RESOLUTION  aC  NO: 2024-    CAPTION:  Contract for a five year purchase agreement with Axon Enterprise, Inc.  RECOMMENDATIONS & JUSTIFICATION:  The current contract on the Taser 7s is nearing its expiration date and after reviewing the options, staff recommends upgrading from the current Taser 7 to the newer Taser 10. The Taser 7 is a two-shot weapon, whereas the Taser 10 is a 10-shot weapon offering greater accuracy and range, improving the safety for officers using the Taser. The training staff is already certified to instruct and train on the requested Taser 10s. This This contract utilizes BuyBoard Cooperative contract #698-23 which has been competitively bid and awarded in accordance with State Law.  will offer a significant upgrade in capability.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTAÇH SECOND PAGE)  BUDGETED: X  Council Districts Affected:  REQUIRES APPROPRIATIONE See attached Certification gmwuglt Chief Jerry Wright DANE:10/4/2024 REQUESTING PARTY (TYPED)  COUNCIL ACTION  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT dhoNolnas PURCHASING DEPARTMENT APPROVED: Lwole CITS ATTORNEY  MOTION  MOTION  SECOND  SECOND  DATE  DATE  AEAwrw  DEFERRED:  MAYOR    CITY OF PASADENA CERTIFICATION OF FUNDS  DATE: 10/4/2024  AMOUNT: $154,222.00 DEPARTMENT NO:210 ACCOUNT NO.7207 TASKNO. CIPNO.  PROJECT DESCRIPTION: 5-year agreement with. Axon for purchase of Taser 10s.  Cost year 2: $357,784.28 Cost year 3: $258,560.83 Cost year 4: $258,560.83 Cost year 5: $258,560.82  Icertify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Pasadena to the credit of the above fund from which it is proposed to be drawn, and such money  is not appropriated for any other purpose.  227 CA2 Robert Chambers Interim City Controller    ORDINANCE NO. 2020-  An Ordinance authorizing and approving a contract for a five year purchase agreement with Axon Enterprises, Inc., utilizing BuyBoard Contract #698-23, bid and awarded according to State law; appropriating the amount of One Hundred Fifty-four Thousand Two  Hundred Twenty-two and No/100 $154,222.00) Dollars.  WHEREAS, the current contract on the Taser 7s is nearing  its expiration date and after reviewing the options, staff recommends upgrading from the current Taser 7 to the newer Taser  10; and  WHEREAS, the Taser 7 is a two-shot weapon, the Taser 10  is a 10-shot weapon offering greater accuracy and range improving  the safety for officers using the Taser; and  WHEREAS, the training staff is already certified to  instruct and train on the requested Taser 10s; and  WHEREAS, this will offer a significant upgrade in  capability; and  WHEREAS, the City Controller by the attached certificate  of funds has certified to the City Council that money required for this expenditure is in the City treasury and is budgeted or will be appropriated after approval of this Ordinance for this purposei  NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNÇIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby finds and adopts the  preamble to this Ordinance. PD-DIR-TS0-3561.Tasers_AxonEnt24    SECTION 2. That the City Council of the City of Pasadena, Texas hereby authorizes and approves the contract for a five year purchase agreement with Axon Enterprises, Inc., utilizing BuyBoard Contract #698-23 for the Police Department, bid and awarded according to State law, more fully described on the attached  Exhibit "A".  SECTION 3. The City Council finds that such contract is reasonable and necessary, that the fiscal obligation of the City has been duly certified for availability of payment and there is hereby appropriated the amount of One Hundred Fifty-tour Thousand Two Hundred Twenty-two and No/100 ($154,222.00) Dollars out of Account No. 00210-7207 for payment to Axon Enterprises, Inc. for year one of five for the purchase of Tasers for the Police Department; and the Mayor and the City Controller are hereby authorized to draw warrant, check or voucher in said amount or so much thereof as may be necessary to pay and discharge the legal obligation of the City  of Pasadena chargeable thereto.  SECTION 4. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate  of Interested Parties, if applicable.  SECTION 5. That the Mayor of the City of Pasadena, Texas is hereby authorized and directed to execute and the City Secretary to attest  PD-DIR-750-3561.Tasers_wonint24    for and on behalf of the City any and all documents necessary to  effectuate the purchase authorized by this ordinance.  SECTION 6. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  SIGNATURE AND APPROVAL - NEXT PAGE)  PD-DIR-750-3561.Tasers.xonfnt24    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SEÇOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A.D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PD-DIR-7S0-3561.Tasers.Axontntz4    ORDINANCE NO. CONTRACT  THE STATE OF TEXAS S COUNTY OF HARRIS S  KNOW ALL MEN BY THESE PRESENTS:  This Agreement is made and entered into this  day of  A. D., 2024, by and between the City of  Pasadena, Texas, a municipal corporation situated in Harris County, Texas (the "City"), and Axon Enterprises, Inc. (the Contractor". In consideration of the covenants and agreements hereinafter  contained the parties do hereby agree as follows:  I.  The parties agree that the terms of the contract between  Axon Enterprises, Inc. and the State of Texas, acting by and through BuyBoard Contract No. 698-23 will be applicable to this project, a copy of which is incorporated herein for all purposes  and attached hereto as Exhibit "2".  II.  Axon Enterprises, Inc. will supply Tasers for the Police  Department, as described in the attached Exhibit "1".  EXHIBIT "A"  PD-DIR-7S0-3561.7asers_wonEnt24    III.  The City will pay the total amount of One Hundred Fifty-  four Thousand Two Hundred Twenty-two and No/100 $154,222.00) Dollars to Axon Enterprises, Inc. for Tasers (for year one of five) for the Police Department, as described at Exhibit "1".  IV.  Pursuant to the requirements of House Bill 1295, 84th  Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate of  Interested Parties, if applicable.  V.  It is understood and agreed that the City shall have the  right to terminate this Agreement at the end of any fiscal year if its governing body does not appropriate sufficient funds for this contract as determined by such City's budget for the fiscal year in question. The City may effect such termination by giving written notice of termination at the end of its then-current fiscal year.  PD-DIR-750-3561.7asers.wontnt24    In Witness Whereof, the City has caused this contract to  be signed in its behalf by the Mayor, and Contractor has executed  this contract the day and year first above written.  THE CITY OF PASADENA, TEXAS  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS THE STATE OF TEXAS COUNTY OF HARRIS  S S  This instrument was acknowledged before me on the  day of  2024 by JEFF WAGNER as MAYOR of the City  of Pasadena, Texas.  NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS  Name:  My Commission expires:  PD-DIR-750-3561.7asers_wonint24    ATTEST:  Axon Enterprises, Inc.  SECRETARY  THE STATE OF ARIZONA COUNTY OF WILLIAMSON  S S  This instrument was acknowledged before me on the  day the  of  2024 by  of Axon Enterprises, Inc., a  corporation, on behalf of said corporation.  NOTARY PUBLIC AND FOR THE STATE OF TEXAS  Name:  My Commission expires:  D-DIR-7S0-3561.Tasers_Aiontntza        388888- 8888888    8188 888  3irsoin  SSESEESESSESSESESES    5555  Bf    35  555  BB  6    888888 889898  8888 s:8s  8888 s  881 g  8888 888  2E        6        Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  This TASER Energy Weapon Agreement ("Agreement) applies to Agency's TASER 7 or TASER 10 purchase from Axon Enterprise, Inc. ("Axon"). Agency will receive TASER7 or TASER 10 Conducted Energy Weapon ("CEW") hardware, accessores, warranty, and services documented in the attached 1. Term. The start date is based on the initial shipment of TASER 7 or TASER 10 hardware ("Start Date"). If shipped in the first half of the month, the Start Date is the 1st of the following month. If shipped in thel last half of the month, the Start Date is the 15th oft thet following month. The TASER7 OR TASER 10 term wille end upon completion of the associated TASER 7 or TASER 10 subscription int the Quote ("Term"). If the Quote has multiple TASER7 or TASER 10 ship dates, each shipment will have a 60-month term, starting on the shipment of TASER 7 or TASER 10 as described above. 2. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for 3. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides 4. Shipping. Axon may make partial shipments and ship any hardware provided by Axon under this Agreement ("Axon Devices") from multiple locations. All shipments are EXW( (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon's delivery to the common carrier. Agency is responsible for any 5. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as 6.1. Limited Warranty; Disclaimer. Axony warrants that Axon-manufactured. Devices are freef from defects inworkmanship andi materials for 1 year from the date of Agency's receipt, except Signal Sidearm and Axon-manufactured: accessories, which Axony warrants for 30 months and 90 days, respectively, from the date of Agency'sreceipt. Used conducted energy weapon ("CEW") cartridges are deemedi to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. All software and Axon Cloud Services are provided' "ASIS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices, software, and services that are not manufactured, published or performed by Axon ("Third-Party Products"): are not covered by Axon's warranty and are only subject to the 6.2. Claims. IfA Axon receives av valid warranty claim for an Axon-manulactured Device duringt the warranty term, Axon's sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-manufactured Device, at Axon's option. A replacement. Axon-manufactured Device will ber new or like new. Axon will warrant the replacement. Axon-manufactured Device for thel longer of (a) the remaining warranty oft the original Axon Manufactured Device or (b) 90-days from the date ofr repair 6.2.1.IfA Agency exchanges a device or part, ther replacement item becomes Agency's property, and ther replaced item becomes Axon's property. Before delivering an Axon-manufactured Device for service, Agency must upload Axon-manulactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for anyl loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to 6.3. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined number of spare Axon! Devices as detailedi int the Quote ("Spare Axon Devices).Spare, Axon! Devices are intended to replace broken or non-functioning units while Agency submits the broken or non-  Quote Appendix ("Quote").  collection and attorneys' fees. Axon a valid tax exemption certificate. shipping charges int the Quote. provided by state or federal law.  6. Warranty.  warranties of the third-party provider or manufacturer.  or replacement.  Axon for service.  Title: Axon Enterprise, NCISTASER Energy Weapon Agreement  Pagelof15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  functioning units, through Axon's warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation int the event 6.4. Limitations. Axon's warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon's written permission; or (0) Axon Devices with a defaced or removed serial number. Axon's warranty willl be void if Agency resells Axon Devices. 6.4.1.To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. Ifs statutory or implied warranties cannot be lawfully disclaimed, then suchy warranties are limited to the duration of the warranty described above and by the provisions in this 6.4.2.Axon's cumulative liability to any Party forany! loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict! liability, 6.5. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at 6.6. Third-Party Software and Services. Use of software or services other thani those provided by Axon is governed by the terms, ifany, entered intol between Agency andi the respective third-party provider, including, without limitation, the terms appliçable to such software or services located at 6.7. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon, and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of Axon or any Releasees or otherwise. Agency agrees not to make or bring any such claim against Axon or any other Releasee, and forever release and discharge Axon and all other Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause  Agency does not utilize Spare Axon Devices for the intended purpose.  Agreement.  tort or any other legal theory. wwwaxon.comksales-temsandcondtions.  wwwaxon.comlsaestemsandcondtions, ifany.  immediately upon notice tot the Agency.  7. Axon Device Warnings. See www.axon.comlegal for the most current Axon Device warnings. 8. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency. 9. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency's purchase. Axon will not provide ar refund, credit, or additional discount beyond whati isi in the Quote due to a delay of availability or Agency's election not to utilize any portion of an Axon bundle. 10. Insurance. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance. 11. IP Rights. Axon owns and reserves all right, title, andi interest in Axon-manulactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon 12. Agency Responsibilities Agency is responsible for (a) Agency's use of Axon Devices; (b) breach of this  Upon request, Axon will supply certificates of insurance.  proprietary rights to be violated.  Title: Axon Enterprise, Inc.'STASERT Energy Weapon Agreement  Page2of15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  Agreement or violation of applicable law by Agency or an Agency end user; (c) a dispute between Agency andathird-party over Agency's use ofA Axon! Devices; (d)t to ensure Axon! Devices are destroyed and disposed ofsecurely ands sustainably atA Agency's cost; and (e) any regulatory violations ort fines, as ar result ofi improper 13.1. For Breach. Al Party may terminate this Agreement for cause ifit provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon's uncured breach, Axon will refund prepaid amounts on a 13.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as 13.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. IfA Agency purchases Axon Devices for less than the manufacturer's suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price oft the individual Axon Device at the time ofs sale. For bundled. Axon Devices, MSRP is the standalone price of all individual components. 14.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond 14.2. independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, 14.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 14.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity ande expression; pregnancy; childbirth; breastfeeding: medical conditions related to pregnancy, childbirth, or breastfeeding: sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by 14.5. Export Compliance. Each Party will comply with all import and export control laws and regulations. 14.6. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a 14.7. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or 14.8. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, 14.9. Governing Law. Thel laws oft thes state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention 14.10.Notices. All notices must bei in English. Notices posted on Agency's Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effectivei immediately. Notices to Agency shall be providedt tot the address oni file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, 18.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire  destruction or disposal of Axon Devices.  13. Termination.  prorated basis based on the effective date of termination.  soon as reasonably practicable.  14. General.  aParty's reasonable control.  fiduciary, or employment relationship between the Parties.  local, state, or federal law. waiver of that right.  unenforceable, the remaining portions of this Agreement willr remain in effect.  Indemnification, IP Rights, and/ Agency Responsibilities.  fori the International Sale of Goods does not apply to this Agreement.  Arizona 85255 with a copy to legal@axon.com.  Title: Axon Enterprise, Inc.'STASER Energy Weapon Agreement  Page 3of15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only  be modified or amended in a writing signed by thel Parties.  Each representative identified below declares they have been expressly authorized to execute this  Agreement as of the date of signature. Axon Enterprise, Inc. Signature: Name: Title: Date:  Agency Signature: Name: Title: Date:  Title: Axon Enterprise, Inc.'SASER Energy Weapon Agreement  Page 40f15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  TASER Energy Weapon Axon Evidence Terms of Use Appendix  1  Definitions.  "Agency Content" is data uploaded into, ingested by, or created in Axon Evidence within Agency's tenant, including media or multimedia uploaded into Axon Evidence by Agency. Agency Content Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. "Non-Content Data" is data, configuration, and usage information about Agency's Axon Evidence tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does noti include Agency Content. Subscription Term. The TASER7 or TASER 10 Axon Evidence Subscription Term begins on the Access Rights. Upon Axon granting Agency a TASER 7 or TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 or TASER 10 CEW devices during the TASER 7 or TASER 10 Axon Evidence Subscription Term. Agency may not upload any non-TASER76 or TASER 10 data or any other files to Axon Evidence.. Agency may not exceed the number of end-users than the Quote specifies. Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon's business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Axon Evidence and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Content and no Agency Content or Agency end user's use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Evidence. IfA Agency becomes aware of any violation of this Agreement by an end-user, Agency will Agency is also responsible for maintaining the security of end-user names and passwords and taking steps to maintain appropriate security and access by end-users to Agency Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Agency may download the audit log at any time. Agency shall contact Axoni immediately ifan unauthorized third party may be using Agency's account or Agency Content  includes Evidence but excludes Non-Content Data. Evidence is as subset of Agency Content.  2 3  Start Date.  orp policies governing use oft the Axon products.  5  Services Security Addendum.  immediately terminate that end user's access to Axon Evidence.  ori ifa account information is lost or stolen.  Title: Axon Enterprise, Inc.STASER Energy Weapon Agreement  Page 50f15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  7  Privacy. Your use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at tps/www.axon.com/egaleudsencervces-prvacy-polcy, Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies Storage. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers where Agency Content will be stored. Axonw will ensure all Agency Content storedi in Axon! Evidence remains withini the country the Agency Suspension. Axon may suspend Agency access or any end-user's right to access or use any 10.1. The Termination provisions oft the TASER7or TASER 10 Terms and Conditions apply; 10.2. Agency or an end-user's use of or registration for Axon Evidence () poses a security risk to Axon Evidence or any third party, () may adversely impact Axon Evidence or the systems or content of any other customer, (ili) may subject Axon, Axon's affiliates, or any Agency remains responsible for allf fees incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Axon Evidence due to 11 Axon Evidence Warranty. Axon warrants that Axon Evidence will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to Axon 12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end-users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence; 12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any other process to derive any source codei included in Axon Evidence, or allow any others to do the same; 12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring 12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in 12.5. access Axon Evidence to build a competitive product or service or copy any features, 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright andi trademark notices) of Axon's or Axon's licensors on or within Axon! Evidence; 12.7. use Axon Evidence to store or transmit infringing, libelous, or otherwise unlawful ori tortious material, to store or transmit material in violation of third-party privacy rights, or to store or  governing the use of Axon products. may take up to 24 hours to access.  8 9  is located. Ownership of Agency Content remains with Agency. portion or of Axon Evidence immediately upon notice, if:  10  third party to liability, or (iv) may be fraudulent;  suspension, except as specified elsewhere ini this Agreement.  Evidence.  to:  fees or exceeding usage limits or quotas; functions, or graphics of Axon Evidence;  this Agreement;  or  transmit malicious code.  13 After Termination. Axon will not delete Agency Content for 90 days following termination. During  Title: Axon Enterprise, Inc.'STASERT Energy Weapon Agreement  Page6of15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  these! 90 days, Agency may retrieve Agency Content onlyi ifa all amounts due have been paid. There will be no appliçation functionality of Axon Evidence during these 90 days other than the ability to retrieve. Agency Content. Agency will noti incur any additional fees ifAgency Contenti is downloaded from Axon Evidence during these 90 days. Axon has no obligation to maintain or provide any Agency Content after these 90 days and will thereafter, unless legally prohibited delete all of Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from Axon Evidence. Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon's Datal Egress Services, willr result in additional fees and Axon willr not warrant orguarantee 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on behalf ofU.S. Federal department, Axon Evidençe is provided as a' commercial item,"commercial computer software," "commercial computer software documentation," and "technical data," as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Evidence on behalf of the U.S. Government and these terms failt tor meet the U.S. Government's needs or arei inconsistent ina any respect with federal law, Agency 16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions.  14  data integrity or readability in the external system.  will immediately discontinue the use of Axon Evidence.  Title: Axon Enterprise, Inc.'SASER Energy Weapon Agreement  Pageof15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  Axon Customer Experience Improvement Program Appendix Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate. Axon's development oft technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all ofi its customers, to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 21 tiers of participation, Tier 1 and Tier 2. By default, Agency willl be a participant in ACEIP Tier 1. IfAgency does not wanti to participate in ACEIP Tier1,Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked.. At anyt time, Agency may revokei its consent to ACEIP  1  Tier 1, Tier 2, or both Tiers. 1.1 ACEIP Tier1 1.  1.1.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract  from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all AÇEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency's request, Axon will nol longer access or use Agency Contenti for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency al list oft the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the. Agency Content or AÇEIP Content ("Use Case"). From time  'Fore example; (a) when extracting specific text toi improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be spliti intoi individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability tol link any specific text directly ori indirectly back to a particular individual; (b) when extracting license plate data toi improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains thel likely acoustic events would be extracted and all human utterances would be removed.  Title: Axon Enterprise, Inc.'STASER Energy Weapon Agreement  Page 8of15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  tot time, Axon may develop and deploy new Use Cases. At least 30 days prior toa authorizing the deployment of any new Use Case, Axon will provide. Agency notice (by updating the list of Use Case at https www.axon.comlaceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) ("New Use termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency's request, Axon will no longer access or use. Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably bel linked directly or indirectly to Agency.  Case").  1.1.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon  1.2 ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon's services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2, grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with 00 Check this box if Agency wants to help further improve Axon's services by participating in ACEIP Tier 2 in addition to Tier 1. By checking this box, Agency hereby agrees to the Axon Customer Experience Improvement Program Tier 2Terms of Service, available at! https: Iwww.a axoncomlaleslems-and-condtions andi incorporated herein by  aggregated, transformed or de-identified data.  reference.  Title: Axon Enterprise, Inc.'STASER Energy Weapon Agreement  Page 90f15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  Professional Services Appendix  1 Utilization of Services. Agency must use pre-paid professional services as outlined in the Quote and  this Appendix within 6 months oft the Effective Date.  2 CEW Services Packages. CEW Services Packages are detailed below:  System set up and configuration  Configure Axon Evidence categories & custom roles based on Agency need. Troubleshoot IT issues with Axon Evidence. Register users and assign roles in Axon Evidence. For the CEW Full Service Package: On-site assistançe inçluded For the CEW Starter Package: Virtual assistance included Ideally, Project Manager will be assigned to Agency 4-6 weeks before rollout  Dedicated Project Manager  Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager).  Best practice implementation planning session to:  Provide considerations for the establishment of CEW policy and system operations best practices based on Axon's observations with other agencies Discuss thei importance of entering metadata and best practices for digital data management Provide referrals to other agencies using TASER CEWS and Axon Evidence For the CEW Full Service Package: On-site assistance included For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions  On-site sessions providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Provide training on the Axon Evidence to educate instructors who can support Agency's For the CEW Full Service Package: Training for upt to 3i individuals at Agency For the CEW Starter Package: Training for up to 1i individual at Agency  Axon Evidence Instructor training  subsequent. Axon Evidence training needs. TASER CEW inspection and device assignment weapons and assign them to a user on Axon Evidence. For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included.  Axon's on-site professional: services team will perform functions check on all new TASER CEW: Smart  Post go-live review  3  Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Axon's on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. Axon's on-site professional service team will ship all old weapons back to Axon's headquarters. *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service  Archival of CEW Firing Logs Return of Old Weapons  Axon will provide Agency with a Certificate of Destruction instead of 1-Day Device Specific Instructor Course.  4  Out of Scope Services. Axon is only responsible to perform the professional services described int the Quote and this Appendix. Any additional professional: services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an  equitable adjustment in the charges or schedule. Title: Axon Enterprise, Inc.STASER Energy Weapon Agreement  Page 10of15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work toi identify as soon as reasonably practicable resources andi information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Devices ("User Documentation'). User Documentation will include all required environmental specifications for the professional Services and Devices to operate per the Device User Documentation. Before installation of Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Devices are to be installed ("'Installation Site") per the environmental specifications in the Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Device User Documentation: for any Devices undert this Agreement, Axonwill provide the update to Agency Acceptance. When Axon completes professional Services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address thei issues and re-present the Acceptance Form for signature. IfAxon does notr receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency is solely responsible for maintenance andt functionality oft the network. In no event will Axon be liable for loss, damage, or corruption of Agency's network from any cause.  6  consistency of all data, materials, and information supplied by Agency.  7  when Axon generally releases it.  8  Services.  9  Title: Axon Enterprise, Inc.'STASER Energy Weapon Agreement  Page 11of15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  TASER7Appendix  This TASER7A Appendix applies to Agency's TASER: 7, OSP7, or OSP7F Plus purchase from Axon, ifa applicable. 1. DutyCartridgel Replenishment Plan. Ifthe Quotei includes' "Duty Cartridge Replenishment! Plan", Agency must purchase the plan for each CEW user. AC CEW user includes officers that use a CEWin thel line of duty andt those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace 2. Training. Ift the Quote includes at training voucher, Agency must use the voucher within 1 year ofi issuance, or the voucher will be void. Axon willi issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange itf for another device ors service. Unless statedi int the Quote, the voucher does noti include travel expenses and willl be Agencysresponsibiltly, If_the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schzophrena (collectively, "Training Content"), Agency may access Training Content. Axon will 3. TASER Upgrade. If Agency purchases Axon's 10-year certification program for Axon's latest version of its TASER energy weapon ("Certification Program") and has no outstanding payment obligations as of the beginning oft the 6th year oft the Certification Program, Agency will qualify for an upgrade to any subsequent version oft the Certification Program rCEWUpgrade). Agency will receive the CEWUpgrade atr no additional cost, only tot the extent such subsequent version of the Certification Program includes the same products or features as the Certification Program purchased by Agency. If Agency wants to upgrade to a Certification Program thati includes additional products or features, Agency will pay the additional cost associated with such products and features. Fort the avoidance of doubt, Agency is not required to upgrade toa anys subsequent version of the Certification Program. Axon may ship the CEW Upgrade as scheduled in the Quote without prior confirmation from agency unless the Parties agree in writing otherwise at least 90 days in advance. If necessary to maintain compatibility among Axon Devices, within 30 days of receiving the CEW Upgrade, Agency must, ifr requested by Axon, return all hardware and related accessories received in connection with the Certification Program to Axon. In such event, Agency must ship batteries via ground shipping or in accordance with federal regulations in place at the time of the return. Axon will pay shipping costs for the 4. Extended Warranty. Ift the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer's warranty plus the 4-year 5. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon.A Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of1 thet trade-in credit.. Agency may not destroy Trade-In  cartridges used int thel line of duty.  deliver all Training Content electronically.  return if Agency uses Axon's RMA process.  extended term.  Units and receive at trade-in credit. Agency Size  Days to Return from Start Date of TASER7Subseription  Less than 100 officers 30 days 100 to 499 officers 90 days 500+ officers  180 days  TASER7Subscription Term. The TASER7S Subscription Termi for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP7 7. Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence fort the storage and management of datai from TASER70 CEW devices during the TASER 7 Subscription Term. Agency may not exceed the number of end users than the 8. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled  Start date.  Quote specifies. Department: Legal Version: 1.0 Release Date: 3/2/2023  Title: Axon Enterprise, Inc.'STASER Energy Weapon Agreement  Page 12of15    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, sO Agency may file an objection with the court or 9. Termination. Ifp payment for TASER 7is more than 30 days past due, Axon may terminate Agency's TASER 7p plan by notifying Agency. Upon termination for any reason, then as oft the date of termination: 9.1. TASER7extendedi warranties and access to Training Content willt terminate. Nor refunds willl be given. 9.2. Axon willi invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days 9.3. Agency will be responsible for payment of any missed payments due to the termination before being  administrative body.  of the date oft termination.  allowed to purchase anyf future TASER 7 plan.  Ttle: Axon Enterprise, Inc.'SVASER Energy Weapon Agreement  Page 13of15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  TASER 10 Appendix  This TASER 10/ Appendix applies to Agency's TASER 10, OSP 10, OSPI Plus, or OSP 10 Plus Premium purchase 1. Duty Cartridge Replenishment Plan. Ift the Quotei includes "Duty Cartridge Replenishment Plan", Agency must purchase the plani for each CEW user. A CEW user includes officers that use a CEW in thel line of duty and those that only use a CEWfor training. Agency may notr resell cartridges received. Axon will only replace 2. Training. Ift the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher willl be void. Axon willi issue Agency a voucher annually beginning on the start oft the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated int the Quote, the voucher does noti include travel expenses and will be Agenc/sresponsibitly. If_the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will 3. Extended Warranty. Ift the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer's warranty plus the 4-year 4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon willi invoice Agency the value ofi thet trade-in credit. Agency may not destroy Trade-In  from Axon, ifa applicable.  cartridges usedi int the line of duty.  deliver all Training Content electronically.  extended term.  Units and receive a trade-in credit. Agency Size Less than 100 officers 60 days 100 to 499 officers 500+ officers  Days to Return from Start Date of TASER 10 Subscription  90 days 180 days  5. TASER 10 Subscription Term. The TASER 10 Subscription Term for a standalone TASER 10p purchase begins on shipment of the TASER 10 hardware. The TASER 10 Subscription Term for OSP 10 begins 6. Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidencei for the storage andi management of datai from TASER 10 CEW devices during the TASER 10 Subscription Term. Agency may not exceed the number of end users than the 7. Agency' Warranty, Agency warrants and acknowledges that TASER 10 is classified as at firearm and isbeing acquired for official Agency use pursuant to a law enforcement agency transfer under the 8. Purchase Order. To comply with applicable laws and regulations, Customer must provide aj purchase  on the OSP 10 Start date.  Quote specifies.  Gun Control, Act of 1968.  order to Axon prior to shipment of TASER 10.  Title: Axon Enterprise, Inc'STASEREnergy Weapon Agreement  Page 14of15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER Energy Weapon Agreement  AXON  Axon Virtual Reality Content Terms of Use Appendix  1 2 3  Term. The Quote will detail the duration oft the Virtual Reality Content license.  Headsets. Agency may purchase additional virtual reality headsets from Axon. Int the event Agency decides to purchase additional virtual reality headsets for use with Axon's Virtual Reality Content, License Restrictions. AlI licenses will immediately terminate if Agency does not comply with any term oft this Agreement. If Agency utilizes more users than stated ini this Agreement, Agency must purchase additional Virtual Reality Content licenses from Axon. Agency may not use Virtual Reality Content for any purpose other than as expressly permitted by this Agreement. Agency may not: 3.1 modify, tamper with, repair, or otherwise create derivative works ofVirtual Reality Content; 3.2 reverse engineer, disassemble, or decompile Virtual Reality Content or apply any process to derive the source code of Virtual Reality Content, or allow others to do the same; 3.3 copy Virtual Reality Content in whole or part, except as expressly permitted in this 3.6 access Virtual Reality Content tol builda a competitive device or service or copy any features, 3.7 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Virtual Reality Termination. Axon may terminate. Agency's license immediately for Agency'sf failure to comply with  Agency must purchase those headsets from Axon.  Agreement;  3.4 use trade secreti information contained in' Virtual Reality Content; 3.5 resell, rent, loan or sublicense Virtual Reality Content; functions, or graphics of Virtual Reality Content; or Content or any copies of Virtual Reality Content.  4  any of the terms in this Agreement.  Title: Axon Enterprise, Inc.'STASER Energy Weapon Agreement  Page 150f15  Department: Legal Version: 1.0 Release Date: 3/2/2023    Axon Enterprise, Inc.'s TASER 60 Basic Agreement  AXON  This TASER 60 Basic Agreement ("Agreement) applies to Agency's TASER 60 Basic purchase from Axon Enterprise, Inc. ("Axon"). Agency will receive the TASER Conducted Energy Weapon ("CEW") hardware, accessories, warranty, and services documented in the attached Quote Appendix  ("Quote") 1  Term. The term start date is based upon the initial shipment date oft the hardware covered under TASER 60 ("Start Date"). The TASER 60 term will end 5 years after the Start Date Payment. Unless specified in the Quote, Axon will invoice Agency on the Start Date and then on the Start Date anniversary during the Term, if annual payments are elected. Payment is due net 30 days from the invoice. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. Unless Agency provides Axon a valid and correct tax exemption certificate applicable to the purchase and ship-to Shipping. Axonr may make partial shipments and ship from multiple locations. Alls shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon delivery to common carrier by Axon. Agency is responsible for any shipping charges in the Quote. Shipping dates are estimates only. If the Quote includes future deliveries of Returns. All sales are final and no refunds or exchanges are allowed, except for warranty Hardware Limited Warranty. Axon warrants that Axon-manufactured hardware is free from defects in workmanship and materials for 1 year from the date of Agency's receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of Agency's receipt. Ifthe Quote moltesaneatmodarany, the extendedy warranty coverage begins on the Start Date and continues for the Term for the hardware covered by the extended warranty on the Quote. Used CEW cartridges are deemed to have operated properly. Non- Axon manufactured Devices are not covered by Axon's warranty. Agency should contact the IfA Axon receives a valid warranty claim for Axon manufactured hardware during the warranty term, Axon's sole responsibility is to repair or replace the hardware with the same or like hardware, at Axon's option. Replacement hardware will be new or like new. Axon will warrant the replacement hardware for the longer of (a) the remaining warranty of the original hardware or (b) 90-days from the date of repair or replacement. IfA Agency exchanges hardware or a part, the replacement item becomes Agency's property, and the replaced item becomes Axon's property. Before delivering hardware for service, Agencyn must upload hardware datat to Axon Evidence or downloadi ita and retaina copy.Axon  ("Term").  2  location, Agencyisr responsible for all taxes associated with the order.  3  hardware, Axon will ship hardware to Agency's address ont the Quote.  4 5  returns or as provided by state or federal law.  manufacturer for support of non-Axon manufactured hardware.  Title: Axon Enterprise, Inc.'STASER 60 Basic Terms and Conditions  Page1of6  Department: Sales & Customer Service Version: 3.0 Release Date: 12/3/2019    Axon Enterprise, Inc.'s TASER 60 Basic Agreement  AXON  is not responsible for any loss of software, data, or other information contained in storage Warranty Limitations. Axon's warranty obligations exclude damage related to (a) failure tof follow instructions on product's use; (b) products used with products not manufactured or recommended by Axon; (c) abuse, misuse, intentional, or deliberate damage to the product; (d) force majeure; (e) products repaired or modified by persons other than Axon without the written permission of Axon; or (f) products with a defaced or removed serial To the extent permitted by law, the warranties and remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained int this Agreement. Axon's cumulative liability to any party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either party be liable for any direct, special, indirect, incidental, exemplary.punitive, or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict Spare Product. Axon may provide Agency a fixed number of spares for TASER CEW hardware in the Quote ("Spare Products"). Spare Products will replace non-functioning units. If Agency uses a Spare Product, Agency must return non-functioning units to Axon, and Axon will repair or replace the non-functioning unit. If Agency does not return Spare Products to Axon within 30 days of termination of this Agreement, Axon will invoice. Agency Product Warnings. See www.axon.comlega for the most current. Axon product warnings. Design Changes. Axon may make changes in the design of any of Axon's products and services without notifying Agency or making the same change to products and services previously purchased. Axon may replace end of life products with the next generation of 10 Termination. If payment for TASER 601 is more than 30 days past due, Axon may terminate Agency's TASER 60 plan by notifying Agency. Upon termination for any reason, then as of 10.1. TASER 60 extended warranties will terminate as of the date of termination and no  media or any part oft the hardware sent to Axon for service.  6  number.  liability, tort or under any other legal theory.  7  the MSRP then in effect fora all unreturned Spare Products.  8 9  that product without notifying Agency.  the date of termination:  refunds will beg given.  Title: Axon Enterprise, Inc.'STASER 60 Basic Terms and Conditions  Page 20f6  Department: Sales & Customer Service Version: 3.0 Release Date: 12/3/2019    Axon Enterprise, Inc.'s TASER 60 Basic Agreement  AXON  10.2. Axonwilli invoice. Agencythe remaining MSRP for TASER 60 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, battery, holster, and unused cartridges to Axon within 30 10.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase anyf future TASER 60 plan. Delays. Axon will use reasonable efforts to deliver products and services as soon as practicable. If delivery is interrupted due to causes beyond Axon's control, Axon may delay 12 Proprietary! Information. Agency agrees Axon has and claims various proprietary rightsi in the hardware, firmware, software, andi thei integration of ancillary materials, knowledge, and designs that constitute Axon products and services. Agency will not directly or indirectly 13 Export Compliance. Each party will comply with all import and export control laws and 14 Assignment. Agency mayr nota assign or transfert this Agreement without Axon's priorwritten 15 Severability. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply 16 Governing Law: Venue. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale 17 Entire Agreement. This Agreement, including the appendices, represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter oft this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Ifa court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. Each representative identified below declares they have been expressly authorized to execute this  days of the date oftermination.  11  or terminate delivery with notice.  cause any proprietary rights to be violated.  regulations. approval.  tot thisAgreement.  of Goods does not apply to thisAgreement.  Agreement as of the date of signature. Department: Sales & Customer Service Version: 3.0 Release Date: 12/3/2019  Title: Axon Enterprise, Inc.'s TASER 60 Basic Terms and Conditions  Page 3of6    Axon Enterprise, Inc.'s TASER 60 Basic Agreement  AXON Axon Enterprise, Inc. Signature: Name: Title: Date:.  Agency Signature: Name:, Title: Date:.  Title: Axon Enterprise, Inc.'sTASER 60 Basic Terms and Conditions  Page 4of6  Department: Sales & Customer Service Version: 3.0 Release Date: 12/3/2019    Axon Enterprise, Inc.'s TASER 60 Basic Agreement  AXON  Professional Services Appendix  (only applies if Agency purchase CEW Professional Services) Utilization of Services. Agency must use pre-paid professional services as outlined ini the  1 2  Quote and this Appendix within 6 months of the Effective Date. CEW Services Packages. CEW Services Packages are detailed below:  System set up and configuration  Configure Axon Evidence categories & custom roles based on Agency need. Troubleshoot IT issues with Axon Evidence. Register users and assign rolesi in Axon Evidence. For the CEW Full-Service Package: On-site assistance included For the CEW Starter Package:Virtual. assistance included  Dedicated Project Manager  Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4-6 weeks before rollout  Best practice implementation planning session to:  Provide considerations for the establishment of CEW policy and system operations best Discuss the importance ofe entering metadata and best practices for digital data Provide referrals to other agencies using TASER CEWS and Axon Evidence For the CEW Full-Service Package: On-site assistance included For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions  practices based on Axon's observations with other agencies  management  On-site sessions providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Provide training on the Axon Evidence to educate instructors who can: support Agency's For the CEW Full-Service Package: Training for up to 3 individuals at Agency For the CEW Starter Package: Training for up to1 1 individual at Agency  Axon Evidence instructor training  subsequent Axon Evidence training needs.  TASER CEW inspection and device assignment Smart weapons and assign them to a user on Axon Evidence. For the CEW Full-Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included.  Axon's on-site professional services team will perform functions check on all new TASER CEW  Post go-live review  3  Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order.  Title: Axon Enterprise, Inc.'STASER 60 Basic Terms and Conditions  Page5of6  Department: Sales & Customer Service Version: 3.0 Release Date: 12/3/2019    Axon Enterprise, Inc.'s TASER 60 Basic Agreement  AXON  Changes may require an equitable adjustment in the charges or schedule.  4  Delyeryofservices. Axon personnel will work Mondayt through Friday, 8:30a.m.to5:30; p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe, Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. Access Computer Systems tol Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services.. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. Site Preparation. Axon will provide al hardcopy or digital copy of current user documentation for the Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional Services and Devices to operate per the Device User Documentation. Before installation of Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Devices are to be installed ("Installation Site") per the environmental specifications in the Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. IfA Axon modifies Device User Documentation for any Devices under this Agreement, Axon will Acceptance. When Axon completes professional Services, Axon will present an acceptance form ("Acceptance Form") to. Agency. Agency will: sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted AgencyNetwork. For work performed by Axon transiting or making use of Agency's network, Agencyi iss solelyresponsible for maintenance. andi functionality oft the network. Ini no event will Axon bel liable for loss, damage, or corruption of Agency's network from any cause. A, A AXON, Axon, and TASER are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For morei information, visit wwwaxon.com/legal. All rights reserved. 02 2019 Axon Enterprise, Inc.  5  6  provide the update to Agency when. Axon generally releases it.  7  the professional Services.  8  Title: Axon Enterprise, Inc.'sTASER 60 Basic Terms and Conditions  Pagee 60f6  Department: Sales & Customer Service Version: 3.0 Release Date: 12/3/2019    Axon Enterprise, Inc.'s TASER 60 Unlimited Agreement  AXON  This TASER 60 Unlimited Agreement ("Agreement") applies to Agency's TASER 60 Unlimited purchase from Axon Enterprise, Inc. ("Axon"). Agency will receive the TASER Conducted Energy weaponrcw/nardwar. accessories, warranty, and services documented in the attached Quote The initial delivery and each year thereafter will also include 3 training cartridges. For the initial delivery of duty cartridges, X26 users will receive 2 duty cartridges, while X2 users will receive 3 duty cartridges. One PPMI battery per user will be delivered to Agency in Year 3 of this Agreement unless otherwise requested. In the event Agency is purchasing TASER 60 Unlimited for use with  AppendixrQuote)  TASER CAM, Agency will not receive the PPM or a: substitute.  1  Term. Thei term start date is based upon thei initial shipment date oft the hardware covered under TASERE 60Unlimited ("Start Date"). The TASER 60 Unlimited term wille end! 5years after TASER 60 Unlimited Requirements. Agency must purchase a TASER 60 Unlimited plan for each TASER CEW user. A CEW useri includes an officer that uses a CEW in the line of duty, as well as officerst that only use a CEWf fort training. Agency may notr resell cartridges or batteries received under TASER 60 Unlimited. Agency may only request additional PPMS and duty cartridges as PPMS and duty cartridges are consumed in the line of duty, which will be provided by Axon at no charge. Upon reasonable notice, Axon reserves the right to audit Agency's use of force records if Agency orders more cartridges or batteries than is customary compared to an Agency of similar size. If an audit determines Agency's use of force records do not support Agency's reported cartridge and battery use, Agency will pay the MSRP ofe each cartridge and battery delivered to Agency beyond what was supported by Payment. Unless specified in the Quote, Axon will invoice Agency on the Start Date and then on the Start Date anniversary during the Term, if annual payments are elected. Payment is due net 30 days from the invoice. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. Unless Agency provides Axon a valid and correct tax exemption certificate appliçable to the purchase and ship-to For users added int the middle of an annual cycle, Agencywill paya atrue-upi feet for additional users. These additional licenses willl be co-termed with Agency/sexisting licenses.Additional users that are added before the third-year payment will receive a PPM, while additional users that are added after thet third-year payment will not receive al PPM. Shipping. Axon mayr make partial shipments and shipf from multiplel locations. Alls shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon delivery to common carrier by Axon. Agency is responsible for any shipping charges in the Quote. Shipping dates are estimates only. If the Quote includes future deliveries of  the Start Date ("Term").  2  Agency's use of force records.  3  location, Agency is responsible for all taxes associated with the order.  4  Title: Axon Enterprise, Inc.'STASER 60 Unlimited Terms and Conditions  Page1of6  Department: Sales & Customer Service Version: 4.0 Release Date: 12/3/2019    Axon Enterprise, Inc.'s TASER 60 Unlimited Agreement  AXON  hardware, Axon will shipl hardware to Agency's address on the Quote.  5 6  Returns. All sales are final and no refunds or exchanges are allowed, except for warranty Hardware Limited Warranty. Axon warrants that Axon-manulactured hardware is free from defects in workmanship and materials for 1 year from the date of Agency's receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of Agency's receipt. Ifthe Quote includes an extended warranty, the extended warranty coverage begins on the Start Date and continues for the Term for the hardware covered by the extended warranty on the Quote. Used CEW cartridges are deemed to have operated properly. Non- Axon manufactured Devices are not covered by Axon's warranty.. Agency should contacti the If Axon receives a valid warranty claim for Axon manufactured hardware during the warranty1 term, Axon's: sole responsibility is to repair or replace the hardware with the: same or like hardware, at Axon's option. Replacement hardware will be new or like new. Axon will warrant the replacement hardware for the longer of (a) the remaining warranty of the original hardware or (b) 90-days from the date of repair or replacement. IfAgency exchanges hardware or a part, the replacement item becomes Agency's property, and the replaced item becomes Axon's property. Before delivering hardware for service, Agencymustupload hardware data to Axon Evidence or downloadi it andi retaina copy.Axon is not responsible for any loss of software, data, or other information contained in storage Warranty Limitations. Axon's warranty obligations exclude damage related to (a) failure to follow instructions on product's use; (b) products used with products not manufactured or recommended by Axon; (c) abuse, misuse, intentional, or deliberate damage to the product; (d) force majeure; (e) products repaired or modified by persons other than Axon without the written permission of Axon; or (f) products with a defaced or removed serial To the extent permitted by law, the warranties and remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained int this Agreement. Axon's cumulative liability to any party for any! loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either party be liable for any direct, special, indirect, incidental, exemplary.Punitive, or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict  returns or as provided by: state or federal law.  manufacturer for support of non-Axon manufactured hardware.  media or any part of the hardware sent to Axon for service.  7  number.  Title: Axon Enterprise, Inc.'sTASER 60 Unlimited Terms and Conditions  Page2of6  Department: Sales & Customer Service Version: 4.0 Release Date: 12/3/2019    Axon Enterprise, Inc.'s TASER 60 Unlimited Agreement  AXON  liability, tort or under any other legal theory.  8  Spare Product. Axon may provide Agency a fixed number of spares for TASER CEW hardware in the Quote ("Spare Products"). Spare Products will replace non-functioning units. If Agency uses a Spare Product, Agency must return non-functioning units to Axon, and Axon will repair or replace the non-functioning unit. If Agency does not return Spare Products to Axon within 30 days of termination of this Agreement, Axon will invoice Agency Product Warnings. See www.axon.com/legal for the most current. Axon product warnings. 10 Design Changes. Axon may make changes in the design of any of Axon's products and services without notifying Agency or making the same change to products and services previously purchased. Axon may replace end of life products with the next generation of 11 Termination. If payment for TASER 60 is more than 30 days past due, Axon may terminate Agency's TASER 60 plan by notifying Agency. Upon termination for any reason, then as of 11.1. TASER 60 Unlimited extended warranties willt terminate. as oft the date oft termination 11.2. Axon willi invoice. Agency the remaining MSRP for TASER 60 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, battery, holster, and unused cartridges to Axon within 30 11.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 60 plan. 12 Delays. Axon will use reasonable efforts to deliver products and services as soon as practicable. If delivery is interrupted due to causes beyond Axon's control, Axon may delay 13 Propretaryintermatien. Agency agrees Axon has and claims various proprietary rights in thel hardware, firmware, software, andt thei integrationd ofa ancillary materials, knowledge, and designs that constitute Axon products and services. Agency will not directly or indirectly 14 Export Compliance. Each party will comply with all import and export control laws and 15 Assignment. Agency may not assign or transfert this Agreement without Axon's prior written  the MSRP then in effect for all unreturned Spare Products.  9  that producty without notifying Agency.  the date of termination:  and no refunds will beg given.  days of the date oftermination.  ort terminate delivery with notice.  cause any proprietary rights to be violated.  regulations.  Title: Axon Enterprise, Inc.'sTASER 60 Unlimited Terms and Conditions  Page3of6  Department: Sales & Customer Service Version: 4.0 Release Date: 12/3/2019    Axon Enterprise, Inc.'s TASER 60 Unlimited Agreement  AXON  approval.  16 Severability. The laws of the state where Agencyi is physically located, without reference to conflict of law rules, govern this Agreement and any dispute that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply 17 Governing Law: Venue. The laws of the state where. Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale 18 Entire Agreement. This Agreement, including the appendices, represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Ifa court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. Each representative identified below declares they have been expressly authorized to execute this  tothisAgreement.  of Goods does not applyt to thisAgreement.  Agreement as of the date ofs signature. Axon Enterprise, Inc. Signature: Name: Title: Date:  Agency Signature:, Name: Title:. Date:  Title: Axon Enterprise, Inc.'STASER 60 Unlimited Terms and Conditions  Page 4of6  Department: Sales & Customer Service Version: 4.0 Release Date: 12/3/2019    Axon Enterprise, Inc.'s TASER 60 Unlimited Agreement  AXON  Professional Services Appendix  (only applies if Agency purchase CEW Professional Services) Utilization of Services. Agency must use pre-paid professional services as outlined ini the  1 2  Quote and this Appendix within 61 months of the Effective Date. CEW Services Packages. CEW Services Packages are detailed beiow:  System set up and configuration  Configure Axon Evidence categories & custom roles based on Agencyneed. Troubleshoot IT issues with Axon Evidence. Register users and assignroles in Axon Evidence. For the CEW Full-Service Package: On-site assistance included For the CEW Starter Package: Virtual assistance included  Dediçated Project Manager  Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4-6 weeks before rollout  Best practice implementation planning session to:  Provide considerations for the establishment of CEW policy and system operations best Discuss the importance ofe entering metadata and best practices for digital data Provide referrals to other agencies using TASER CEWS and Axon Evidence For the CEW Full-Service Package: On-site assistance included For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions  practices based on Axon's observations with other agencies  management  On-site sessions providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Providei training on the Axon Evidence to educate instructors who can supportAgency's For the CEW Full-Service Package:Training for upt to 3 individuals at Agency For the CEW Starter Package:Trainingi for up to 1 individual at. Agency  Axon Evidence Instructor training  subsequent Axon Evidence training needs. TASER CEW inspection and device assignment Smart weapons and assign them to a user on Axon Evidence. For the CEW Full-Service Package: On-site assistance included. For the CEW Starter Package:Virtual. assistance included.  Axon's on-site professional services team will perform functions check on all new TASER CEW  Post go-live review  3  Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order.  Title: Axon Enterprise, Inc.'STASER 60 Unlimited Terms and Conditions  Page5of6  Department: Sales & Customer Service Version: 4.0 Release Date: 12/3/2019    Axon Enterprise, Inc.'s TASER 60 Unlimited Agreement  AXON  Changes may require an equitable adjustment in the charges or schedule.  4  Deliveryofs Services. Axon personnel will work Monday through Friday, 8:30a.m.to5 5:30p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agencytravel time by Axon personnel to Agency premises as work hours. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon willy work toi identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. Site Preparation. Axon will provide al hardcopy or digital copy of current user documentation for the Devices ("User Documentation'). User Documentation will include all required environmental specifications for the professional Services and Devices to operate per the Device User Documentation. Before installation of Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Devices are to be installed ("Installation Site") per the environmental specifications in the Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. IfAxonmodifies Device User Documentation for any Devices under this Agreement, Axon will Acceptance. When Axon completes professional Services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If/ Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted AgencyNetwork. For work performed by Axoni transiting or making use of Agency's network, Agency is solely responsible for maintenance. andi functionality oft the network. In no event will Axon bel liable for loss, damage, or corruption of Agency's snetwork from any cause. A, A AXON, Axon, and TASER are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visity wwwaxon.com/egal. All rights reserved. 02 2019 Axon Enterprise, Inc.  5  6  provide the update to Agency when. Axon generally releases it.  7  the professional Services.  8  Title: Axon Enterprise, Inc.'sTASER 60 Unlimited Terms and Conditions  Page 6of6  Department: Sales & Customer Service Version: 4.0 Release Date: 12/3/2019    P.O. Box 400, Austin, Texas 78767  BuyBoard  0A3PP--eghyparacm-sypowacen  February 11, 2024  Sent via email to: AR@axon.com  Danal Brunhammer Axon Enterprises, Inc. 17800 North 85th Street Scottsdale AZ 85255  Re: Publiç Safety and Firehouse Supplies and Equipment  BuyBoard Contract 698-23  The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Public Safety and Firehouse Supplies and Equipment, Contract 698-23 effective 4/1/2023 through March 31, 2024, with two possible one-year renewals. Atthis time the BuyBoardi is renewing your contract through Allo discounts, terms, and conditions ofy your contract will remain the same. Ify you agree tot this renewal, there isr nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at Reminder: Once al BuyBoard contract is awarded, vendors must generate a minimum of $15,000 annually Ifyou have questions or comments concerning this renewal, please contact me as soon as possible at tatamncbppotacon - We appreciate your interest in The Local Government Purchasing  March 31,2025.  entadtasin@buppoard com prior to the start oft the renewal term.  ort they may not be offered a contract renewal.  Cooperative. Sincerely, Jim Tulberg Jim Tulberg Contract Administrator  I"renewalv02132020  fndorsedby  MML  TASAV  EXHIBIT"2"    P.O. Box 400, Austin, Texas 78767  BuyBoard  800.695.2919 Info@bwyboard.com-bwyboard.com  February y7,2023 Sent' Via Email: contracts@axon.com Jaryna Golish TASER International 17800 N. 85th St. Scottsdale, TX 85255 Welcome to BuyBoard!  Re: Notice of The Local Government Purchasing Cooperative Contract, Award; Proposal Invitation No. 698- Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company al BuyBoard@ contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of April 1, 2023 through March 31, 2024, and may be subject to two possible one- year renewals. Please refer to the Proposal Invitation for the contract documents, including the General To review the items your company has been awarded, please review Proposal Tabulation No. 698-23 at: w.bypoer.comendo. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth int the General Terms and The contract will bep posted ont the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive apurchase order directly from a Cooperative member that youhaver reason tol believe has not been received by the Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase A list of Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with the resources available and to provide any support you may need On behalf of the Cooperative, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, feel free contact me at 800-695-2919.  23, Public Safety and Firehouse Supplies and Equipment  Terms and Conditions of the Contract.  Conditions.  order by email to info@buyboard.com. as an awarded BuyBoard vendor.  Sincerely,  SuynCleu Leigh Clover, Bid Analyst Texas Association of School Boards, Inc.,  Administrator for The Local Government Purchasing Cooperative  v.02.01.2021  Endorsed by  TASAV TME    ByBoard MMIPMCAEENpaN February 7, 2023 Sent Via Email: contracts@axon.com Jaryna Golish TASER International 17800 N. 85th St. Scottsdale, TX 85255 Welcome to BuyBoard! and Equipment  Re: Notice of National Purchasing cooperative. Award; Proposal Invitation No. 698-23, Public Safety and Firehouse Supplies Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoarde contract based on the above-referenced Proposal Invitation. The contract is effective for ani initial one-year term of April 1, 2023 through March 31, 2024, and may bes subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including thel National Purchasing Cooperative Vendor Award Agreement and General Terms and To review the items your company has been awarded, please review Proposal Tabulation No. 698-23 at w.sppoarucomperde. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders from National Cooperative members must be processed through the BuyBoard. Except ase expressly authorized in writing byt the Cooperative's administrator, you are not authorized to process ap purchase order received directly from al National Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a National Cooperative member that you! have reason tol believel has noth been received by the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyDoard.com A list of National Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting yout to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. Ont behalf oft thel National Cooperative, we arel looking forward toy your participation int the program. Ifyoul have any questions,  Conditions of the Contract.  be at or below the awarded pricing as set forth in the General Terms and Conditions.  feel free to contact me at 800-695-2919. Sincerely, Suyaclau Leigh Clover, Bid Analyst Texas Association of School Boards, Inc.,  Procurement Administrator for the National Purchasing Cooperative  v.02.01.2021  RO. Box 400, Austin, Texas 78767-0400 00685299-bypoandcon    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard Austin, Texas 78759-2439" P PH: 800-695-2919"1 buyboard.com PROPOSER's ACCEPTANCE AND AGREEMENT  Proposal Invitation Name: Public Safety and Firehouse Supplies and Equipment  Proposal Due Date/Opening Date and Time: November 10, 2022, at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759  Proposal Invitation Number: 698-23  Anticipated Cooperative Board Meeting Date:  Contract Term: April 1, 2023, through March 31, February 2023  2024, with two possible one-year renewals.  By signature below, the undersigned acknowledges and agrees that you are authorized to submit this Proposal, Including making all acknowledgements, consents, and certifications herein, on behalf of Proposer and, to the best of your knowledge, the Information provided Is true, accurate, and complete.  Axon Enterprise, Inc. Name of Proposing Company 17800 N. 85th St. Street Address Scottsdale, AZ 85255 City, State, Zip 800-978-2737  11/9/2022 Date  RPBEV Signature of Authorized Company Official  Robert Driscoll, Jr.  Printed Name of Authorized Company Official VP, Associate General Counsel  Telephone Number of Authorized Company Official Position or Title of Authorized Company Official  480-991-0791  86-0741227 Federal ID Number  Fax Number of Authorized Company Official  Page 10 of72  Proposal Forms COMM/SVCS v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 buyboard.com PROPOSAL FORMS PART 1: COMPLIANCE FORMS  INSTRUCTIONS:  Proposer must review and complete all forms in this Proposal Forms Part 1:  Proposal Acknowledgements Felony Conviction Disclosure Res.dent/Nonres.dent Certification Debarment Certification Vendor Employment Certification Nol Boycott Verification  No Excluded Nation or Foreign Terrorist Organization Certification Historically Underutilized Business Certification Acknowleagement of BuyBoard Technical Requirements Construction-Related Goods and Services Affirmation Deviation and Compliance Vendor Consent for Name Brand Use comigenta/Propnetany Information EDGAR' Vendor Certification Compliance Forms Signature Page  An authorized representative of Proposer must initial in the bottom right corner of each page where indicated and complete and sign the Compliance Forms Signature Page. Proposer's failure to fully complete, initial, and  sign forms as required may result in your Proposal being rejected as non-responsive.  PROPOSAL ACKNOWLEDGEMENTS  The proposing company C'you" or your") hereby acknowledges and agrees as follows: appendices, item specifications, and line items (collectively" Requirements";  1. Youl have carefully examined and understand all information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Information, General Terms and Conditions, attachments/forms, 2. By your response ("Proposal") to this Proposal Invitation, you propose to supply the products or services submitted at the pricing quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or 3. By your Proposal, you acknowledge and certify all items set forth in the General Terms and Conditions, Section B.12 (Certifications), including all non-collusion certifications and certifications regarding legal, ethical, and other matters set 4. Any and all deviations and exceptions to the Requirements have been noted in your Proposal on the required form and  exceptions are noted in the Proposal;  forth therein. no others will be claimed;  Initial: RD  Page 11 of72  Proposal Forms COMM/SVCSV v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 buyboard.com  5. Ifthe Cooperative accepts any part of your Proposal and awards youa Contract, you will furnish alla awarded products or services at the pricing quoted andi in strict compliance with the Requirements (unless specific deviations or exceptions are noted on the required form and accepted by the Cooperative), including without limitation the Requirements related a. conducting business with Cooperative members, including offering pricing to members that is the best you offer b. payment of a service fee in the amount specified and as provided fori in this Proposal Invitation; the possible award of a piggy-back contract by the National Purchasing Cooperative or nonprofit entity, in which event you will offer the awarded products and services in accordance with the Requirements; and d. submitting price sheets or catalogs int the proper format as required byt the Cooperative as a prerequisite to activation 6. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under the Texas Public 7. The individual submitting this Proposal is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form or Proposal document) is authorized and has the requisite knowledge to provide the information and make the 8. You have carefully reviewed your Proposal, and certify that all information provided is true, complete, and accurate to the best of your knowledge, and you authorize the Cooperative to take such action as it deems appropriate to verify such 9. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, will be grounds for disqualifying you from consideration for a contract award under this Proposal Invitation, termination ofa contract award,  to:  compared to similarly situated customers in similar circumstances;  of your Contract;  Information Act or similar public information law;  representations and certifications required in the Requirements;  information; and  ora any other remedy or action provided fori in the General Terms and Conditions or byl law.  FELONY CONVICTION DISCLOSURE  Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district ifthe person or an owner or operator has been convicted of a felony. The notice must include a general description of the Section 44.034 further states in Subsection (b): "A school district may terminate: a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for  conduct resulting in the conviction of at felony."  services performed before the termination of the contract."  Please check (Vone of the following:  My company is a publicly-held corporation. (Advance notice requirement does not applyt top publicly-held corporation.) My company is not owned or operated by anyone who has been convicted ofa a felony. My company is owned/operated by the following individual(s) who has/have been convicted of a felony:  Name of Felon(s): Details of Conviction(s):  Initial: RD  Page 12 of72  Proposal Forms COMWSVESV8112021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard Austin, Texas 78759-2439"  PH: 800-695-2919" buyboard.com RESIDENT/NOMRESIDENT CERTIFICATION  Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident" proposer is a person who is not a Texas resident. Please indicate the: status of your company as a' "resident"  proposer or a' "nonresident" proposer under these definitions.  Please check (V)one of the following:  Icertify that my company is a Resident Proposer. Icertify that my company is a Nonresident Proposer.  Ify your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in  which your company's principal place of business is located):  Axon Enterprise, Inc. Company Name Scottsdale City A. B.  17800 N. 85th St. Address AZ State  85255 Zip Code  Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract?  Yes [X No  What is the prescribed amount or percentage? $0  or  %  DEBARMENT CERTIFICATION  By signature on the Compliance Forms Signature Page, I certify that neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," - as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory  authority.  VENDOR EMPLOYMENT CERTIFICATION  Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner () has its principal place of business in Texas; or (i) employs at least 500 people in Texas. Ifneither your company nor the ultimate parent company or majority owner has its principal place oft business in Texas, does  your company, ultimate parent company, or majority owner employ at least 500 people in Texas?  Please check (V)o one of the following:  Yes  XI No  Initial: RD  Page 13 of72  Proposal Forms COMM/SVCS v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard Austin, Texas 78759-2439" PH: 800-695-2919" buyboard.com  Nol BOYCOTT VERIFICATION  A Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel and will not boycott Israel during the term of the contract (TEX. Gov'T CODE Ch. 2271), (2) does not boycott energy companies and will not boycott energy companies during the term of the contract (TEX. GovT CODE Ch. 2274 effective September 1, 2021), and (3) does not have a practice, policy, guidance, or directive that discriminates against at firearm entity or firearm trade association and will not discriminate during the term of the contract against at firearm entity or firearm trade association (TEX. GovT CODE Ch. 2274 effective September 1, 2021). Accordingly, this certification form is included to the extent required by "Boycott Israel" means 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 Iraeli-controlled territory, but does not include an action made for ordinary business "Boycott energy company" means, without an ordinary business purpose, 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 with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing off fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A). TEX. GovT CODE $809.001(1) "Discriminate against a firearm entity or firearm trade association" means, (A) with respect to the entity or association, to: () refuse to engage int the trade of any goods or services with the entity or association based solely on its status as at firearm entity or firearm trade association; (i) refrain from continuing an existing business relationship with the entity or association based solely on its status as at firearm entity or firearm trade association; or (ii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (i) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association. TEX. GovT CODE $2274.001(3) (effective September 1, By signature on the Compliance Forms Signature Page, to the extent applicable, I certify and verify that Vendor does not boycott Israel, boycott energy companies, or discriminate against a firearm entity or firearm trade association and will not do sO during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and  law.  purposes. TEX. GovT CODE 5808.001(1).  (effective September 1, 2021).  2021).  accurate, and that Ia am authorized by my company to make this certification.  Initial: RD  Page 14of72  Proposal Forms COMM/SVCSV v.08.11.2021    BuyBoard  PURCHASING COOPERATIVE  12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com  No EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization - specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code $5806.051, 807.051, or 2252.153. (Acompany that the U.S. Government affirmatively declares to be excuded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to By signature on the Compliance Forms Signature Page, Icertify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and thatIam authorized by my company to make this  the contract prohibition.) certification.  HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION  A Proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to ini this form as a' "HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The BuyBoard website will indicate HUB certifications for awarded Vendors that  properly indicate and document their HUB certification on this form. Please check (allthat apply: Icertify that my company has been certified as al HUB in the following categories:  Minority Owned Business  Women Owned Business  Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. $101(2), who has a service-connected disability as defined by: 38 U.S.C. $: 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of  Defense) Certification Number: Name of Certifying Agency: My company has NOT been certified as a HUB.  ACKNOWLEDGFMENT OF BUYBOARD TECHNICAL REQUIREMENTS  Vendor shall review the BuyBoard Technical Requirements included int this Proposal Invitation. By signature on the Compliance Forms Signature Page, the undersigned affirms that Proposer has obtained a copy oft the BuyBoard Technical Requirements, has read and understands thei requirements, and certifies that Vendor is ablet to meet and will comply with those requirements except as follows: [List and explain BuyBoard Technical Requirements, ifa any, to which your company. cannot or will not  comply.) NIA  Note: In accordance with the General Terms and Conditions of the Contract, to the extent Vendor is awarded a Contract under this Proposal Invitation but is unable or unwilling to meet the applicable BuyBoard Technical Requirements, the information available on the BuyBoard for Vendor's awarded products or services may be limited, potentially placing Vendor atac disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor's awarded products and services on the BuyBoard website. Further, to the extent' Vendor has acknowledged ability to meet and comply with the BuyBoard Technical Requirements, any subsequent failure or refusal by' Vendor to promptly provide information upon request to the Cooperative administrator in accordance with those technical requirements may be deemed an eyent of  default under the Contract.  Initial: RD  Page 15of72  Proposal Forms COMM/SVCS v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard' Austin, Texas 78759-2439 - PH: 800-695-2919 buyboard.com CONSTRUETON-RELATED GOODS AND SERVICES AFFIRMATION  The Cooperative issued the BuyBoard Procurement: and Construction-Related Goods and Services Advisory for Texas Members ("Advisory"), which provides information specifically relevant to the procurement of construction-related goods and services by Texas Cooperative members. The Advisory, available at wwboard.com/endor/Resouresaspk provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy oft the Advisory can also be provided upon request. Because many BuyBoard contracts include goods or installation services that might be considered construction-related, Proposer must make this Construction Related-Goods and Services Affirmation regardless of type of goods or services associated with this Proposal Invitation. Acontract awarded under this Proposal Invitation covers only the specific goods and/or services awarded by the Cooperative. As explained in the Advisory ("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This Proposal Invitation and any Contract awarded thereunder does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 oft the' Texas By signature on the Compliance Forms Signature Page, Proposer affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, andi is authorized by Proposer to make this affirmation. If Proposer sells construction- related goods or services to a Cooperative member under a Contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with acopy of the Advisory before accepting the member's Purchase Order or other agreement for construction-related goods or  Government Code) and other applicable law and local policy.  services.  Initial: RD  Page 16of72  ProposalF Forms COMM/SVCSVD8.12021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard Austin, Texas 78759-2439" ' PH: 800-695-2919" buyboard.com  DEVIATION AND COMPLIANCE  If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUSTI list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. Prior to completing this form, Vendor shall review the General Terms and Conditions section B.4 (Deviations from Item Specifications and General Terms and Conditions). Please note that, as provided in section B.4, certain provisions of the General Terms and Conditions are NOT subject to deviation, and certain deviations will be deemed rejected without further action by the Cooperative. Any attempted deviation, whether directly or indirectly, to provisions identified in this Proposal Invitation as not subject to deviation shall be deemed rejected by the Cooperative and, unless otherwise withdrawn by' Vendor, may result in Vendor's Proposal being rejected ini its entirety. The Cooperative will consider any deviations ini its contract award decision and reserves the right to accept or reject ap proposal In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation ifawarded a Contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative, by and through the Cooperative administrator, may, in its sole discretion, seek carification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a Proposal based upon any submitted deviation.  based upon any submitted deviation.  Please check (vone of the following: No; Deviations Yes; Deviations  List and fully explain any deviations you are submitting:  Please see the attached letter for deviations and exceptions.  Information presented by the vendor, and accepted by BuyBoard,i is included in the following pages. Information presented by the vendor and not accepted byBuyBoard has been removed. Connie WI Burkett, CTSBO Director-Cooperaiive-Operations  Initial: RD  Page 17of72  Proposal Forms COMWSVSV08.11202     AXON  7800NSSTHSTREET SCOITSDALE ARIZONAB5255  AXONCOM  October 19, 2022  The Local Government Purchasing Cooperative Attn: TASB Asst. Division Director, Cooperative Procurement  12007 Research Blvd. Austin, TX 78759  RE: Requested Deviations to Request for Proposal No. 698-23 for Public Safety and Firehouse Supplies and Equipment Please find below Axon Enterprise, Inc.'s (Axon) deviations to the above- referenced solicitation. Axon is open to further discussions regarding Axon respectfully requests that the following documents be incorporated TASER 7 Agreement (applies only to TASER 7 purchases) TASER 60 Terms (applies only to TASER 60 purchases) Axon Enterprise, Inc.' 's Hardware Warranty, Limitations and Release for Law Enforcement CEWI Products and On-Officer Cameras Axon agrees to negotiate with BuyBoard on these terms and conditions. General Terms and Conditions. B. Section 2. Paragraph 5. Axon respectfully requests that this section, and all sections related to most favored customer pricing, be limited to the pricing on other cooperatives.  requested changes. 1.  Addition of Axon's Terms and Conditions.  only as an exhibit into the final contract award:  2. 3. follows:  General Terms and Conditions. E Contract Performance. Axon respectfully requests that this section be amended, in relevant part, as Vendor is responsible for paying all freight, delivery, handling and other charges incurred in transporting and delivering products to a Cooperative member, andi for the risk ofl loss until the product is deliveredi to  Section 5. Packaging, Transportation, and Delivery  the Cooperative member.  4. Section 5. follows:  General Terms and Conditions. E. Contract Performance. Packaging, Transportation, and Delivery Axon respectfully requests that this section be amended, in relevant part, as Except for items that have hidden defects or that do not meet specifications,  TASERI INTERNATIONAL 151 NOW AXONI ENTERPRISE    - AXON  17800NBSTHSTREET SCOITSDALE. ARIZONAE 85255  AXONCOM  title and risk of loss to products pass to a Cooperative member upon the  member's actual receipt of delivery. 5. Section 7. 6.  oft the product att the point and time  General Terms and Conditions. E. Contract Performance. Product Inspection, Testing, and Defective Items Axon respectfully requests that this section, and all sections related tot testing General Terms and Conditions. E. Contract Performance. Section 18. Remedies for Default and' Termination of Contract (a) Axon respectfully requests a cure period of thirty (30) days.  of products, be removed.  Best Regards, gya folak Jaryna Golish Associate Contracts Manager contracts@axon.com 480.905.2038  TASER INTERNATIONAL 15 NOW AXON ENTERPRISE    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 " buyboard.com VENDOR CONSENT FOR NAME BRAND USE  BuyBoard members seeking to make purchases using a Contract awarded under this Proposal Invitation may view information regarding awarded Vendors, including but not limited to product catalogs, pricelists, pricing, and Proposals, through the BuyBoard website. To improve and enhance the experience of BuyBoard members seeking to procure goods and services under the Contract utilizing the BuyBoard website, any Vendor logo, product images, and similar brand and trademark information provided by Vendor for purposes of the Contract ("Vendor Information") may bep posted on the BuyBoard website. You acknowledge that, by submitting your Proposal, unless you specifically opt out below, you consent to use of your company's' Vendor Information on the BuyBoard websitel if awarded a Contract. Yout further acknowledge that whether, where, and when to include the Vendor Information on the BuyBoard website shall be at the sole discretion of the BuyBoard Administrator. Vendor retains, however, the right of general quality control over the BuyBoard Administrator's authorized display of proprietary' Vendor Information. Neither the BuyBoard nor its administrator will be responsible for the use or distribution of Vendor Information by BuyBoard members or any other third party using the BuyBoard website. This Vendor Consent shall be effective for the full term of the Contract, including renewals, unless Vendor provides a signed, written notice revoking consent to contractadmin@buyDoard.com. BuyBoard shall have up to thirty days from the date of receipt of a termination or revocation of a Vendor Consent to remove Vendor information from the BuyBoard website. This Vendor Consent is subject to the Terms and Conditions of the Contract, including, but not limited to, those terms pertaining to Disclaimer of Warranty and Limitation of Liability, Indemnification, and Intellectual Property Infringement. Vendor logo files must be: submitted in one of the formats seti forth in the BuyBoard Technical Requirements. Proposers are requested to submit this information with' Vendor's Proposal. (This consent shall not authorize use ofy your company's Vendor  Information by BuyBoard if your company is not awarded a Contract.)  OPTOUT:  Ifyour company wishes to opt out of the Vendor Consent for Name Brand Use, you must check the opt out box below. DO NOTselect this box unless your company. Is opting out ofthis Vendor Consent for Name Brand Use. J By checking this box, Vendor hereby declines to provide consent for use of Vendor Information (as defined herein) on the BuyBoard website. By opting out, Vendor acknowledges and agrees that, if Vendor is awarded a Contract under this Proposal Invitation, information available on the BuyBoard for Vendor's awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor'sawarded products and services on the  BuyBoard website.  Initial: I2  Page 18 of72  Proposal Forms COMM/SVCS v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard' Austin, Texas 78759-2439" *PH: 800-695-2919" buyboard.com CONCIDATALPROPRITANTI INFORMATION  A.P Public Disclosure Laws  All Proposals, forms, documentation, catalogs, pricelists, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, may! be subject to the disdosurer requirements of the Texas Publicl Information Act( (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must dearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. When required by the Texas Public Information Act or other disclosure law, Proposer may be notified of any third-party request for Does your Proposal (including forms, documentation, catalogs, pricelists, or other materials submitted with the Proposal)  information in al Proposal that Proposer has identified in this form as proprietary or confidential.  contain information which' Vendor considers proprietary or confidential?  Please check(y) one oft the following:  NO,Icertify that none of the information included with this Proposal is considered confidential or proprietary. YES,Icertify that this Proposal contains information considered confidential or proprietary and all such information is  specifically identified on this form.  If you responded "YES", you must clearly identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and Cooperative administrator shall not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and Cooperative administrator will disclose information when required by law, even if such information has been identified herein as  information Vendor considers confidential or proprietary.  Confidential, / Proprietary Information:  N/A  (Attach additional sheets ifneeded.)  Initial: RD  Page 19 of72  Proposal Forms COMM/SVCS v.08.11.2021    BuyBoard  PURCHASING COOPERATIVE  12007 Research Boulevard' Austin, Texas 78759-2439" PH: 800-695-2919" buyboard.com  B.Copyright Information contain copyright information? Please check. (y) one oft thef following:  Does your Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal)  NO, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with thel Proposal) does not YES, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does  contain copyright information. contain copyright information.  If you responded "YES", clearly identify below the specific documents or pages containing copyright information.  Copyright Information:  (Attach additional. sheets ifneeded.)  C.Consent tol Release Confidental/Proprietary/Copyright Information to BuyBoard Members  BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor Cooperative administrator will Notwithstanding anything int this ConidentayPropnetany Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publicly release, including posting on the public BuyBoard website, a copy of the proposal tabulation and awardi information for the Contracti including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and' Vendor award  be responsible for the use or distribution of information by BuyBoard members or any other party.  D.Consent to Releasel Proposal Tabulation  or non-award information.  Initial: R  Page 20 of72  Proposal Forms COMM/SVCS v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard Austin, Texas 78759-2439* * PH: 800-695-2919"1 buyboard.com  EDGAR VENDOR CERTIFICATION (2CFR Part 200 and Appendix II)  When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR"). All Vendors submitting a Proposal must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. Completed forms will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the terms and conditions of the BuyBoard contract, to address the member's specific contractual needs, including contract For each of the Items below, Vendor should certify Vendor's agreement and abillty to comply, where applicable, by having Vendor's authorized representatlve check the applicable boxes, Initial each page, and sign the Compllance. Forms. Signature Page. Ifyou fall to complete any Item In this form, the Cooperative will consider and. may list the Vendor's response on the BuyBoard as "NO,"the Vendor Is unable or unwilling to comply. A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase Contracts for more thani the simplified acquisition threshold, whichi is thei inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order or Cooperative member ancillary contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation  requirements for a procurement using federal grants or contracts.  from the Vendor using federal funds.  1.  Vendor' Violation or Breach of Contract Terms:  provide for such sanctions and penalties as appropriate.  and breach of contract terms. YES, Iagree.  NO,I do not agree.  2. Termination for Cause or Convenience:  For any Cooperative member purchase or contract ine excess of $10,000 made using federal funds, you agree that thet following The Cooperative member may terminate or cancel any Purchase Order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor's return policy. Ifthe Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall If an alternate provision for termination of a Cooperative member purchase for cause and convenience, indluding the manner by which it will be effected and thel basis for settlement, isi included in the Cooperative member's Purchase Order or ancillary  term and condition shall apply:  immediately refund: such payment(s).  agreement agreed to by the Vendor, the Cooperative member's provision shall control.  YES,Iagree.  NO,I do not agree. Page: 21 of72  Initial:. RD  Proposal Forms COMM/SVCS v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard' * Austin, Texas 78759-2439" * PH: 800-695-2919 buyboard.com  3. Equal Employment Opportunity:  Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of" "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR60-1.4(b), ina accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,": and implementing regulations at 41 CFR Part 60, "Office of Federal Contract The equal opportunity clause provided under 41 CFR 60-1.4(b) is herebyi incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of"federally. assisted construction  Compliance Programs, Equal Employment Opportunity, Department of Labor."  contract" in 41 CFR Part 60-1.3 and' Vendor agrees thati it shall comply with such provision.  YES,Iagree.  NO,I do not agree.  4.  Davis-Bacon Act:  When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC: 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'?. In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary Current prevailing wage determinations issued by the Department of Labor are available at beta.sam.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor further agrees that it shall also comply with the Copeland "Anti-Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part3," "Contractors and Subcontractors on Public Building or Public Work Financed in Whole ori in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,  of Labor. In addition, Vendor shall pay wages not less than once a week.  Vendor's acceptance of the wage determination.  to give up any part of the compensation to which he or she is otherwise entitled.  YES,lagree.  NO, Id dor not agree.  5.  Contract Work Hours and Safety Standards Act:  Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess oft the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or  excess of 40 hours in the work week.  contracts for transportation or transmission ofi intelligence.  YES, Iagree.  NO, I do not agree.  Initial: RD  Page 22 of72  Proposal Forms COMM/SVCS v.08.11.2021    BuyBoard  PURCHASING COOPERATIVE  12007 Research Boulevard' Austin, Texas 78759-2439 PH: 800-695-2919* buyboard.com  6.  Right to Inventions Made Under a Contract or Agreement:  If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement, the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"  and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable.  YES,Iagree. 7.  NO,I do not agree.  Clean Air Act and Federal Water Pollution Control Act:  Clean Air Act (42U8C740.76710)an the Federal Water Pollution Control Act (33USC1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all appliçable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean  awarding agency and the Regional Office of the Environmental Protection Agency (EPA).  Air Act and the Federal Water Pollution Control Act.  YES,Iagree. 8.  NO, I do not agree.  Debarment and Suspension:  Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), Debarment and Suspension." SAMI Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than  Executive Order 12549.  Executive Order 12549. YES,Iagree.  NO, Id do not agree.  9. Byrd Anti-Lobbying Amendment:  Byrd Anti-Lobbying Amendment (31 USC 1352) Vendors that apply or bid for an award exceeding $100,000 must 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 ofar member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifiçations and disclosures required by, and otherwise comply  with, the Byrd Anti-Lobbying Amendment (31 USC 1352).  YES,Iagree.  NO,Id do not agree. Page 23 of72  Initial: RD  Proposal Forms COMM/SVCS v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard" Austin, Texas 78759-2439 * PH: 800-695-2919 buyboard.com  10. Procurement of Recovered Materials:  For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA)at40CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of thei item exceeds $10,000 or the value of the quantity acquired during the preceding fiscaly year exceeded $10,000; procuring solid waste management: services ina a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in  the EPA guidelines. YES,Iagree.  NO,Idor not agree.  11. Domestic Preferences for Procurements:  Where appropriate and consistent with law, 2 CFR $200.322 contains certain considerations for domestic preferences for procurements which may be applicable to Cooperative members using federal funds. When required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member regarding Vendor's products, including whether goods, products, or materials are produced in the United States. 12. Prohibition on Certain Telecommunications and' Video Surveillance Services or Equipment 2CFR $200.216 prohibits expending federal loan or grant funds to procure or obtain certain telecommunications and video surveillance services or equipment. To the extent applicable and when required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member to confirm whether any telecommunications or video surveillance services or equipment provided by Vendor is covered equipment or covered  YES,Iagree.  NO,I do not agree.  services under 2 CFR $200.216. YES, Iagree.  NO,Idor not agree.  13. Profit as a Separate Element of Price:  For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.324(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative  Contract. YES, Iagree.  NO,IC do not agree.  14. General Compliance and Cooperation with Cooperative Members:  In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information: and to satisfy such requirements as may apply toa a particular Cooperative member purchase or purchasesi including, but not limited to, applicable  recordkeeping and record retention requirements.  YES, Iagree.  NO,Id do not agree.  Initial: RD  Page 24 of72  Proposal Forms COMM/SVCS v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard" Austin, Texas 78759-2439 * PH: 800-695-2919" buyboard.com  COMPLIANCE FORMSSIGNATURE PAGE  By initialing pages and by signature below, I certify that I have reviewed thet following forms; that the information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certifications, consents,  acknowledgements, and agreements contained herein:  Proposal Acknowledgements Felony Conviction Disclosure Debarment Certification Res.deny/Nonresident Certification Vendor Employment Certification No Boycott Verification  No Excluded Nation or Foreign Terrorist Organization Certification Historically Underutilized Business Certification Construction-Related Goods and Services Affirmation Acknowledgement of BuyBoard Technical Requirements Deviation and Compliance Vendor Consent for Name Brand Use comigenta/Propnetaly Information EDGAR Vendor Certification  Axon Enterprise, Inc. Company Name  RAE Signature of Authorized Company Officiall Robert Driscoll, Jr. VP, Associate General Counsel  Printed Name and' Title 11/9/2022 Date  Page 25 of72  Proposal Forms COMM/SVCS v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard* Austin, Texas 78759-2439 PH: 800-695-2919 buyboard.com PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS  INSTRUCTIONS:  Proposer must completely and accurately provide all information requested in the following Vendor Information Forms or  your Proposal may be rejected as non-responsive:  Vendor Business Name Vendor Contact Information Federal and State/Purchasing Cooperative Experience Governmental References Company Profile Texas Regional Service Designation State Service Designation  National Purchasing Cooperative Vendor Award Agreement (Vendors serving outside Texas only) Local/Authorized Seller Listings Manufacturer Dealer Designation Proposal Invitation Questionnaire Vendor Request to Self-Report BuyBoard Purchases (Optional)  To the extent any information requested is not applicable to your company, you must sO indicate on the form.  VENDOR BUSINESS NAME  By submitting a Proposal, Vendor is seeking to enter into al legal contract with the Cooperative. Ass such, Vendor must be an (List the legal name of the company seeking to contract with the Cooperative. Do NOT list anà assumed name, dba, aka, etc. here. Such information may beA provided below. Ify youa are submitting aj joint proposal with another entity to provide the same proposed goods ors services, eachs submitting entity should complete as separate vendor information. form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or  individual or legal business entity capable of entering into a binding contract. Name of Proposing Company: Axon Enterprise, Inc.  services separately, must submit their own Proposals.) Please check (Vones of the following: Type of Business:  Individual/Sole Proprietor [9 Corporation  Limited Liability Company D Partnership  Other (Specify:  DE  State of Incorporation (if applicable): Federal Employer Identification Number:  86-0741227  (Vendor must include a completed IRSW-9 form with their Proposal)  Name by which Vendor, if awarded, wishes tol bei identified on the BuyBoard: (Note: Ifdifferent. than the Name ofA Proposing Company listeda above, only valid trade names (dba, aka, etc.)oft the Proposing Company may be used and a copy ofy yourA Assumed Name Certificate(s) if  applicable, must be attached.) Axon Enterprise, Inc.  Page 26 of72  Proposal Forms COMM/SVCS v.08.11.2021    Request for Taxpayer  Form W-9 (Rev. October 2018) Oepartment oft the Treasury Internal Revenue Service Axon Enterprise, Inc. following sevent boxes. single-member LLC  Give Form to the requester. Do not send to the IRS.  Identification Number and Certification Got tos www.n-govlFormwp: fori instructions and thel latest information.  1 Name (8s shownd ony youri income taxr return). Name is required ont this line; dor not leave! this finet blank.  2 Business amedisregarded entity name, ifdilferent frome above  3 Check appropriatel box fort federal taxc classiication oft the persony whoser name! Ise entered onl line 1, Check only one oft the 4 Exemptions (codesa apply only to  certain entities, noti individuals; see instructions onp page 3): Exempt payee code (it any)_ 5  Individual/sole proprietor or - CCorporation OsCorporation  Partnership  Trust/estate  Limited! liablityo company. Enter thet taxo classilication! (C-C corporation, S-S corporation, P-Partnership)". Note: Checkt thea appropriatel boxi int thell lines above fort thet taxo classification oft thes single- member owner, Dor not check Exemptiont from FATCAreporting LLCitheLLCis classilieda asas single- member LLCt thatk is disregarded fromt thec owner unless theo owner oft theLLCis anotherl LLC1 thatk Is not disregarded fromt thec ownerf forl U,S, federalt tax purposes. Otherwise, asingle-membert LLCthat code( (fany) is disregarded from the owner should checkt thea appropriatel box fort thet tax classification ofi itso owner,  D oulsiou tho us)   Other (seei instructions)) 17800 North 85th Street 6 Cily, state, and ZIP code Scottsdale, AZ 85255 7Lst accountr number(s) here (optional)  Aoplestosoccunts  57 Address (number, street, and apt. or sulter no.) Seei instructions.  Requester'sr name and address (optional)  Part! Taxpayer Identification Number (TIN)  Entery your TINI in the appropriate box. Thel TIN provided must matchi ther name given on! line1 to avoid Social security number backup withholding. Fori individuais, this is generally) your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, seet thei instructions for Parti Llater, For other entitles, itisy your employer identification number (ÉIN). lfyouc dor not! have ar number, see How tos geta Note: Ift the account isi in more than one name, seet thei instructions forl line 1. Also seel What Name and Employer dentification number  TIN, later.  or  Number To Give the Requester for guidelines on whose number to enter,  Part II Certification Underp penalties of perjury, Icertify that: nol longers subject tot backup withholding; and 3.1 lam aU.S. citizen or other U.S. person (defined below); and  1.1 Ther number shown ont this formi is my correct taxpayeri identification number (orl am waitingf for a number to bei issued tor me); and 2.1 lam not: subject tob backup withholding! because: (a)! am exempt from backup withholding, or( (D)! Ihave not been notified! byt thel Internal Revenue Service (IRS) that! am subject to backup withholding as ar result ofaf failure tor report alli interest or dividends, or (c) thel IRS has notified met that! am Certification instructions. Your must cross outi item 2 abovei ify youh havel been notified byt thel IRSt that you are currently subject tot backupy withholding! because you have falledt tor report alli interest and dividends ony yourt tax return. Forr reale estatet transactions, item 2does nota apply. For mortgagei interest paid, acquisition ora abandonment ofs secured property, cancellation ofd debt, contributions toa ani individual retirement arrangement (IRA), and generally. payments othert thani interest and dividends, yous arer notr required tos sign thec certification, but your must provide) your correct" TIN. Seei thei instructions for Partli,l later.  4.1 The FATCA code(s)e entered ont this form (fa any)i indicating that lam exempt from FATÇAr reportingi is correct.  Sign Signatureof Here U.S. person) General Instructions noted.  1/5/201L  DateP  Form 1099- DIV (dividends, including those from stocks or mutual funds) Form 1099-MISC (various types ofi income, proceeds) Form 1099-B( (stock or mutualf fund sales and certain other transactions by brokers) Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party networkt transactions) Form 1098 (home mortgage interest), 1098-E (student loan interest). 1098-T (tuition) - Form1 1099-C (canceled debt) Form 1099- A( (acquisition abandonment Use Form W-9 onlyi ifyou are au.s. person (Includinga aresident alien), top providey your correct TIN. lfyouc do not return Form W-91 tot the requesters witha a TIN, your might bes subject tok backup withholding. See What is backupy withholding,    Section references aret tot thel Internal Revenue Code unless otherwise Future developments. Fort the latest information about developments related to Form W-9 andi itsi instructions, such as legislation enacted after they were published, got tov www.isgovlFormws. Ani individual ore entity (Form W-9r requester) whoi isr required toi file an information retum with thel IRSI must obtainy your correct taxpayer identification number (TIN) which may bey your social security number (SSN), individual taxpayeri identification number (TIN), adoption taxpayer identification number (ATIN), or employeri identification number (EIN), tor report on ani information return the amount pald toy you, or other amount reportable on ani information return. Examples ofi information returns include, but arer not! limitedt to, the following. - Form 1099-INT (Interest earned orp paid)  awards, or prizes, gross  Purpose of Form  ora  ofs secured property)  later.  Cat. No, 10231X  Form W-9( (Rev. 10-2018)    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard Austin, Texas 78759-2439*F PH: 800-695-2919" . buyboard.com  VENDOR CONTACT INFORMATION  Vendor: shall! provide the requested Vendor Contact Information in the electronic proposal submission system Including contract, purchase order, RFQ, and Involce contacts (or, Ifs submitting a hard copy Proposal, timely request and complete the Vendor Contact Information form in accordance with the Instructions to Proposers).  EDERALANDSTAT/PURCMASINSCOPIRATVEEXPERIENCE  The Cooperative strives to provide Cooperative members with the best services and products at thel best prices available from Vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market period is 11/9/2021 /11/9/2022 ). In the event that a dollar value is not an appropriate measure of the sales, provide 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives  price during the previous 12-month period or the last fiscal year: $4mm+ and describe your own measure of the sales oft thei item(s).  (The period of the 12-month  equivalent circumstances.  as required.  CURRENT FORMER VENDOR (Y/N)?-  AWARDED COMMODITY CATEGORY(IES)  PURCHASING GROUP  VENDOR? (Y/N) N N N Y N N N N N  IFYES, LIST YEARS AS VENDOR  1.F Federal General Services Administration 2.T-PASS (State of Texas) 3.OMNIA Partners 4. Sourcewell (NJPA) 5.E&I Cooperative 7.0 Choice Partners 9.0 Other  Y/6 years  6.Houston-Galveston. Area Council (HGAC) 8.1 The Interlocal Purchasing System (TIPS)  MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explainany difference between your  ÇURRENT BUYBOARD VENDORS current and proposed discounts. Current Discount (%): 0 Explanation:  Proposed Discount (%): 0  Page 27 of72  Proposal Forms COMM/SVCS v.08.11.2021    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard" Austin, Texas 78759-2439* PH: 800-695-2919 ' buyboard.com  GOVERNMENTAL REFERENCES  For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any anda all references provided as part of the Proposal evaluation. Provide thei information requested below, including the existing pricing/discounts you offer each customer. The Cooperative may determine whether pricing/discounts are fair and reasonable by comparing pricing/discounts stated in your Proposal with the pricing/discounts  you offer other governmental customers. Attach additional pages if necessary.  Quantity/ CEWTaser 7handles 400T TASER7 7: 400A Axon 8ody 3in2019 0% with andir incremental DEMSS services usera fonA addsi Axon! ins successive Evidence OSP7, years 4520 CEWs alongwithA Axon TO00F TASER7CEWS, Axon Body3 380 Swom Officers daployedv withr nearly 0% wom 300T TASER7 cameras 7s alle andA advanceds Axon Body servicesf 3 Body- for DEMSINAXON Evdence  Entity Name Burbank Police Dept  Contact Michelle Rodriguez Major Feldman Sgt. Ryan Smith  Phone#  Email Address  Discount Volume  818-238-3174 MPoinpez@putancagor 0% OSP74 + BWC plan with 140  Newport News Police Dept Wilbur O'Berry  757-354-6425 oberyw@nnva.gov  3. New Castle County PD Cincinnatil Police Dept  302-395-8022 mnsG"A 0% evidencer management 513-263-8209 ensmingomemapengo. 0% evidence BWCs, advanceds management servicesf inA Axon forc digital Evidence  Irving Police Department Ofcr. Tony Chellette  972-721-2643 chelele@elyofivangorg  Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give Axon Enterprise, Inc. allows entities/agecies to negotiate pricing directly with us. Please see attached explanation on the following page.  better discounts (lower pricing) than indicated? YES D NO D IfYES, please explain:  COMPANY PROFILE  Information on awarded Cooperative Contracts is available to Cooperative Members on the BuyBoard website. If your company is awarded a Contract under this Proposal Invitation, please provide a brief company description that you would like to have included with your company profile on the BuyBoard website. Submit your company profile in a separate file, in Word format, with your Proposal. (Note: Vendor is solely responsible for any content provided for inclusion on the BuyBoard website. The Cooperative reserves the right to exclude or remove any content in its sole discretion, with or without prior notice, including but not limited to any content deemed by the Cooperative to be inappropriate, irrelevant to  the Contract, inaccurate, or misleading.)  Page 28 of72  Proposal Forms COMM/SVCS v.08.11.2021    36  Vendor does nota attempt to describe every exceptional discounting practice. Vendor cannot guarantee that the chart orr notes includee every transaction that Vendor has made with commercial end-users orr resellers ate any tier. Situations may and do occuri in which a customer gets a discount or concession thati is based ons specifici factors and offered att the discretion of Vendor's Vendor may grant non-standard discounts or additional concessions (Including but not! limitedt to extended warranties and price guarantees) toi its distribulors, state andl local govemnment, educational institutions, not for profit organizations, and/or other commercial customers ina a variely of circumstances, including. but not limitedt to, the following: emerging markets, new market opportunities (such as new applications), emerginge end-user markets (sucha as a new customer or account of strategic importance), firm commitments, upgrades, early adopter customer, resellers, multipley years sales/renewals, prompt payment discounts, competitive situations, marketing alance, customer satisfaction: situations, end ofi inventory, promotional pricing. mistakes in pricing. Non-standard situations may Include one or more oft thef following, for which Vendor may grant a discount ine exchange fort the  management.  and otherwise att the discretion of Vendor's management. business value extractedi from the customer: Sales structured and pricedt tot beat named competitor Sales structured and priced tos strategically displace installed competitor Enlerprise Deployment where purchasing enlilys standardizes on Vendors Products and Services Newr market penetration- - obtainingt thef firstt brand-name customeri ina a vertical markel  Restricted use or application specific use ofs software whereby thel licensel becomes different from thes standard license grant (for Customer: Satisfaction In order tor resolve specific customer satisfaction! issues itisr necessary top provide additional discounts for Theser non-s standard, negotiated: agreements are not considered as standard pricing practice. They are granted on a case-by-case  example, evaluation licenses). basis.  somep products to address issues related top previous purchases.    ABOUT AXON  Since 1993, Axon Enterprise, Inc. has been committed to delivering safe, secure solutions for law enforcement, militaries, and citizens. From our humble beginning as TASER International, Inc. to now, we have worked diligently to develop a network of TASER energy weapons, body-worn and in-car cameras, and industry-leading cloud-based evidence management software to help  accomplish a singular goal-to protect life. Axon currently partners with more than 15,100 agencies around the world to deliver innovative hardware and software solutions built for the public safety sector. With 11 offices based in Arizona, Washington, North Carolina, Australia, Canada, Finland, Germany, India, the Netherlands, the United Kingdom, and Vietnam,  Axon's team of more than 1,800 employees continues to define smarter policing through the development of industry-leading technology solutions. We The priorities and challenges of law enforcement have been at the core of Axon's mission, and our mission is simple: protect life. Founded in 1993, we first transformed law enforcement with our TASER energy weapons. Today, we continue to define smarter policing with our growing suite of technology solutions. Axon has been providing body-worn cameras to law enforcement for approximately twelve years and we are committed to developing the latest Axon creates connected technologies for truth in public safety. Building on a history of innovation in policing, our hardware and software solutions are designed specifically for law enforcement. Axon is not just a collection of individual technologies; it is a cohesive ecosystem. Every product works together, built by the same team of engineers and supported by the same  are Axon.  technologies to make the world a safer place.  technicians.  THE AXON NETWORK  The Axon network is changing the future of public safety. Axon protects life by connecting devices, apps, and people onto one centralized network. Since the company's inception, Axon has booked more than 473,000 cumulative Axon Every Axon product integrates seamlessly with one another and often complements the systems and processes you already use. We use technology to simplify the work you do every day throughout the criminal justice system.  Evidence licenses.    Our connected solutions help keep you safe and efficient and enable greater Our technologies impact every aspect of an officer's day-to-day experience: IN THE FIELD - Our TASER energy weapons offer a less-lethal alternative to firearms and have helped save over 1,163,159 from death or serious bodily injury; our Axon body-worn and in-car cameras collect video evidence to capture the truth of an incident, and our mobile applications AT THE STATION - Our secure, cloud-based digital evidence management solution allows officers and command staff to manage, review, share, and process digital evidence using forensic, redaction, transcription, and IN THE COURTROOM - Our solutions for prosecutors make collaborating across jurisdictions and agencies easy so that cases can be resolved  transparency with the communities you serve.  enable simple evidence collection.  other tools. quickly.    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard Austin, Texas 78759-2439* PH: 800-695-2919 ' buyboard.com TEXAS REGIONAL SERVICE DESIGNATION  This form must be completed In the electronlc, proposal submlsslon system Iozlsuemittngahard: copy Proposal. timelvrequest: and complete the form in accordance with the Instructions to Proposers). The Cooperative (referred to as "Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. In the electronic proposal submission system, you must indicate if you will service Texas Cooperative members statewide or, if you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service. Ify you propose to serve different regions for different products or services included in your Proposal, your must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. (Additional forms can be obtained by contacting bids@buyboard.com at least five_(5)_business days prior to the Proposal Due Date.) By designating a region or regions, youa are certifying that) youareauthorized. and willing to provide the proposed, products and services in those regions. Designating regions In which you are elther unable or unwilling to provide the: specifled products and services shall be grounds for elther rejection ofyour Proposal or, Ifawarded, termination of) your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), youmust 50 indicate on the form in the electronic proposal  submission system.  Regional Education Service Centers  Regionand Headquarters Edinburg 2 Corpus Christi 3 Victoria 4 Houston 5 Beaumont 5 Huntsville 7 Kilgore 8 Mount Pleasant 9 Wichita Falls 10 Richardson 11 Fort Worth 12 Waco 13 Austin 14 Abilene 15 San Angelo 16 Amarillo 17 Lubbock 18 Midland 19 EI Paso 20 San Antonio  19  Page 29 of72  Proposal Forms COMM/SVCS V.08.11.2021    BuyBoard  PURCHASIND COOPERATIVE  12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919* buyboard.com  STATE SERVICE DESIGNATION  This form must be completed in the electronic proposal submission system (or ffsubmittingal hard copy Proposal eyuatAndmAEr. the In accordance with the Instructions to Proposers). As seti forthi in the Proposal Invitation, iti is the Cooperative's intent that other governmental entities ini the United States have the opportunity to purchase goods or services awarded under the Contract, subject to applicable state law, through a piggy- back award or similar agreement through the National Purchasing Cooperative BuyBoard. If you plan to service the entire United States or only specific states, you must complete the State Service Designation information in the electronic proposal submissionsystem. (Note:. Ify you plan to: service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) In addition to this form, to be consldered for a piggy-back award by the National Purchasing Cooperative, you must have an authorized representatlve sign the National Purchasing Ify you serve different states for different products or services included in your Proposal, you must complete and submit a separate State! Service Designation form for each group of products and clearlyi indicate the products or services to which the designation applies. (Additional forms can be obtained by contacting bids@buyboard.com atl least five (5) business days prior to the Proposal Due Date.) By designating a state or: states, you are certifying that) you are authorized and willing to provide the proposed, products. ands services in those. states. Designating states In which, youare elther unable or unwilling to provide the specified, products and services shall be grounds for elther rejection  Cooperative Vendor. Award. Agreement. that follows this page.  ofyour Proposal or, Ifawarded, termination of) your Contract. Iwill service all states in the United States. Iwill not service all states in the United States.  Alabama Alaska Arizona Arkansas Colorado Connecticut Delaware District of Columbia Florida Georgia Hawail Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana  Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West' Virginia Wisconsin Wyoming  California (Public Contract Code 20118 & 20652)  Proposal Forms COMM/SVCS V.08.11.2021  Page 30 of72    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard' Austin, Texas 78759-2439 PH: 800-695-2919 buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT  Ina accordance withi the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certains school districts outside of Texast to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the  State Service Designation form, in your Proposal.  By signing this form, Proposer (referred to in this Agreement as "Vendor") agrees as follows:  1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation ("Underlying Award"), the National Purchasing Cooperative ("National Cooperative") may but is not required to "piggy-back" on or re-award all or a portion of that Underlying Award ("Piggy-Back. Award"). By signing this National Cooperative Vendor Award Agreement ("Agreement"), Vendor accepts and agrees to be bound by 2.1 In the event National Cooperative awards Vendor al Piggy-Back Award, the National Cooperative Administrator ("BuyBoard Administrator") will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing int this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved 5. Vendor agrees to pay National Cooperative the service fee provided fori ini the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members, vendor invoices, and/or such other documentation regarding those purchase orders as the Cooperative's administrators may require in their reasonable discretion for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review' Vendor's records pertaining to purchases 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposa/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to' Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing int this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control,  any such Piggy-Back Award as provided for herein.  BuyBoard. Administrator in writing.  competitive pricing and more favorable terms and conditions than those in the Underlying Award.  inw writing by the BuyBoard Administrator.  made by National Cooperative members in order to verify the accuracy of service fees.  and then onlyt to the extent necessary to reconcile the conflict,  Proposal Forms COMM/SVCS v.08.11.2021  Page 31 of72    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard" Austin, Texas 78759-2439 PH: 800-695-2919 buyboard.com  7. This Agreement shall be governed and construed in accordance with the laws oft the State of Rhode Island and venue for 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards' Vendor al Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this  any dispute shall lie in the federal district court of Alexandria, Virginia.  Agreement. Axon Enterprise, Inc. Name-gf Vendor  698-23 Proposal Invitation Number Robert Driscoll, Jr.  EAE Signature of Authorized Company Official  Printed Name of Authorized Company Official  11/9/2022  Date  Proposal Forms COMM/SVCS v.08.11.2021  Page 32 of72    BuyBoard  PURCHASING COOPERATIVE  12007 Research Boulevard' Austin, Texas 78759-2439 * PH: 800-695-2919 . buyboard.com LOCATION/AUTHORIZED SELLER LISTINGS  If you have more than one location/authorized seller that will service a Contract awarded under this Proposal Invitation, please list each location/authonzed seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects oft the Contract, including processing of Purchase Orders, and shall ber responsible fort the performance of all locations and authorized sellers under andi in accordance with the Contract. Ifyou are. a product manufacturerand wish to designate Designated. Dealers as defined in the General Terms and Conditions to recelve Cooperative member Purchase Orders on your behalf, you must complete the  Manufacturer. Designated Dealer form. Location/Authorized Seller Name  Contact Information (Mailing Address, Phone, Fax, Email)  Contact Person  N/A  N/A  N/A  Proposal Forms COMM/SVCS v.08.11.2021  Page 33 of72    BuyBoard  PURCHASINO COOPERATIVE  12007 Research Boulevard' Austin, Texas 78759-2439 - PH: 800-695-2919 buyboard.com MANUFACTURER DEALER DESIGNATION  Ifv Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers") to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and ina accordance with the Contract and remain subject to all remedies for default thereunder, including, but Ifawarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a' Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative administrator shall be authorized to remove or suspend any Ify you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated  each dealer you wish to designate.  not limited to suspension and termination of Vendor's Contract for nonpayment of service fees.  Designated Dealer for processing.  or all Designated Dealers from the BuyBoard at any time in its sole discretion.  Dealer below. If you wish to designate multiple dealers, please duplicate this form as necessary.  Designated Dealer Name Designated Dealer Address  Designated Dealer Contact Person  City Phone Number Email address  State  Zip  Fax Number  Designated Dealer Tax ID Number* (*attach W-9)  Proposal Forms COMM/SVCS V.08.11.2021  Page 34 of72    BuyBoard  PURCHASING COOPERATIVE  12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com  PROPOSALI INVITATION QUESTIONNAIRE  The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work") under the BuyBoard contract contemplated by this Proposal Invitation ("Contract"). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire and submit in one document with your Proposal. You must submit the questionnaire and responses with your Proposal or the 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale ori involved in any transaction that would significantly alter its business or result ini acquisition Axon Enterprise, Inc. (formerly TASER International, Inc.) has been in business since 1993. Axon Enterprise, Inc. is not currently or involved in any transaction that would significantly alter its business or result in acquisition by another entity.  Proposal will not be considered.  by another entity.  2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, Axon will continue to provide world-class support to the Cooperative and its members. Our Contracts team is available to assist you and your members with any questions. To supplement support resources available to new customers, the Axon Professional Services and Customer Support teams provide ongoing support and assistance.  and product selection for Work associated with this Contract.  3. Marketing Strategy: For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Example: Explain how your company will initially inform Cooperative members of) your BuyBoard Contract, and how) your will continue to support the BuyBoardi for the duration of the Contract Axon actively suggests BuyBoard to customers looking at cooperative purchasing options. IfA Axon is awarded a renewed contract with BuyBoard, Axon plans to continue to market BuyBoard as our partner for agencies looking to use a cooperative agreement for their purchases. In the future, Axon also plans to create marketing collateral featuring cooperative contracting information, including providing such information on www.axon.com.  term.)Attach additional pages if necessary,  Proposal Forms COMM/SVCS v.08.11.2021  Page 35 of72    BuyBoard  PURCHASING COOPERATIVE  12007 Research Boulevard' Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com  4. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength andi rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to al bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. Axon is a publicly traded company; all financial information is available at ntplnvesoraxon.com. Net sales were $863 million and $681 million for the years ended December 31, 2021, and 2020, respectively, an increase of $182 million. Neither Axon nor any past or present owners, preincipal shareholders or stockholders, or officers, have been a debtor party to al bankruptcy, receivership, or insolvency proceeding int the last 7 years. 5. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution.  No.  6. List all contracts, ifa any, in thel last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have beeni terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work,  ort termination. Not Applicable.  7. List all litigation or other legal proceedings (including arbitration proceedings), ifa any, int the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relate to or arise from a contract similar to this Contract or the Work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature oft the claim,  and resolution or current status.  None.  Proposal Forms COMM/SVCS v.0B.11.2021  Page 36 of72    BuyBoard  PURCHASING COOPERATIVE  12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com VENDOR REQUEST TO SELF-REPORT BUYBOARD PURCHASES  The General Terms and Conditions require that all Purchase Orders generated by or under any Contract awarded under this Proposal Invitation be processed through the BuyBoard and, except as expressly authorized in writing by the Cooperative administrator, Vendors are not authorized to process Purchase Orders received directly from Cooperative members that have not been processed through the BuyBoard or provided to the Cooperative. In accordance with this provision, Vendor may request authorization of the Cooperative administrator to self-report Cooperative member purchases if awarded a Contract under this Proposal Invitation. By making such a request, Vendor acknowledges and agrees that self-reporting is specifically subject to and conditioned upon (1) Vendor's agreement to the Additional Terms and Conditions for BuyBoard Self-Reporting which are included in this Proposal Invitation and incorporated herein for all purposes and (2) approval of this request in Note: This form Is NOTrequired as part of your proposal. You. should. sign and return this form ONLYIf you wish to request authorization to self-report BuyBoard purchases. Any request to self-report will not be effective, and Vendor shall not be authorized to self-report BuyBoard member purchases, unless and until (1) Vendor is awarded a Contract under this Proposal Invitation, and (2) the request has been approved in writing by the Cooperative administrator. By my signature below, I hereby request authorization from the Cooperative administrator to self-report BuyBoard purchases Ifmy company is awardeda Contract. Icertlfy thatIam authorized. by the above-named Vendor to approve this form, andi Ihave recelved. and read the Additional Terms and Conditions for BuyBoard Self-Reporting Included In this Proposal Invitation and do hereby approve and agree to such terms and  writing by the Cooperative administrator.  conditions on behalf of Vendor. NAME OF VENDOR:  N/A  Signature of Vendor Authorized Representative  Printed Name: Title: Date:  (For Cooperative. Administrator Use Only) Approved by BuyBoard Administrator: Effective/Start Date for Self-Reporting:  Proposal Forms COMM/SVCS v.08.11.2021  Page 37 of72    BuyBoard  PURCHASINO COOPERATIVE  12007 Research Boulevard" Austin, Texas 78759-2439 PH: 800-695-2919 buyboard.com  REOUIRED FORMS CHECKLIST  (Please check (V) thef following)  Revewed/Completea: Proposer's Acceptance and Agreement Revewed/Completed: Proposal Acknowledgements Reviewed/Completed: Felony Conviction Disclosure Revewed/Completed: Resident/Nonresdent Certification Revewed/Competeg: Debarment Certification Revewed/Competeg: Vendor Employment Certification Revlewed/Completea: No Boycott Verification  PROPOSAL FORMS PART 1: COMPLIANCE FORMS  Revewed/Competed: No Excluded Nation or Foreign Terrorist Organization Certification Reviewed/Completea: Historically Underutilized Business Certification Revewed/Completea: Acknowledgement of BuyBoard Technical Requirements ReVewed/Completea: Construction-Related Goods and Services Affirmation  ReVewed/Competea: Deviation and Compliance Revewed/Competeag: Vendor Consent for Name Brand Use Revewed/Competeag: Comfidenta/Propnetainy Information Revewed/Completed: EDGAR Vendor Certification Revewed/Competed: Compliance Forms Signature Page  PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS x] Reviewed/Completed: Vendor Business Name  Revewed/Completed: Vendor Contact Information (complete ine electronic proposal submission. system) Revewed/Completed: Federal and State/Purchasing Cooperative Experience  Reviewed/Completed: Governmental References Revewed/Completed: Company Profile  Revewed/Completea: Texas Regional Service Designation (complete in electronic proposal. submission: system) Revewed/Completea: State Service Designation (complete in electronic, propasal submission: system) Revewed/Completea: National Purchasing Cooperative Vendor Award Agreement (Vendors. serving outside Texas only)  Revewed/Compete.: Local/Authorized Seller Listings Revewed/Completea: Manufacturer Dealer Designation Revewed/Completea: Proposal Invitation Questionnaire  Reviewed/Completea: Vendor Request to Self-Report BuyBoard Purchases (Optional)  Revewed/Competed: Proposal Specifications Discount (96) off Catalog/Pricellst and/or other required pricing information including Catalogs/Pricelists (or no bid response) must be. submitted with the Proposal or the Proposal will not  be considered.  Proposal Forms COMM/SVCS v.08.11.2021  Page 40 of72    BuyBoard  PURCHASING COOPERATIVE  12007 Research Boulevard Austin, Texas 78759-2439 - PH: 800-695-2919 . buyboard.com  PROPOSAL SPECIFICATION SUMMARY  The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting al hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). PROPOSAL NOTE: Vendors shall submit catalogi)/pritcelst(s) with their Proposal response or the Proposal will not be considered. Vendors shall submit catalogls/Pricelist(s) with the Proposal in a readily available andi readable electronici format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vender. websites will be accepted.  Section I: Public Safety Supplies and Equipment 1.0 Discount (%) off catalog/pricelist for Firearms and Ammunition. 2. Discount (%) off catalog/pricelist for Tactical Equipment. 3. Discount (%) off catalog/pricelist for Night Sticks and Batons. 4. Discount (%) off catalog/pricelist for Riot Equipment/Body, Armor. 5. Discount (%) off catalog/pricelist for Public Safety' Vehicle Equipment and Related Accessories. 6. Discount (%) off catalog/pricelist for Tear Gas/Mace and Related Items. 7. Discount (%) off catalog/pricelist for Night' Vision and Infrared Equipment. 8.1 Discount (%) off catalog/pricelist for Thermal Imaging Equipment and Products. 9. Discount (%) off catalog/pricelist for Flashlights, Batteries, and Related Items. 10. Discount (%) off catalog/pricelist for Electronic Stand-up Vehicles (ESV). 12. Discount (%) off catalog/pricelist for Public Safety Rescue Equipment. 13. Discount (%) off catalog/pricelist for Handcuffs and Restraints. 14. Discount (%) off catalog/pricelist for Scopes and Binoculars. 16. Discount (%) off catalog/pricelist for Law Enforcement Training Targets. 17. Discount (%) off catalog/pricelist for Fingerprint Equipment and Supplies. 20. Discount (%) off catalog/pricelist for Weather Monitoring Systems. 21. Discount (%) off catalog/pricelist for Red Light Monitoring Systems. 22. Discount (%) off catalog/pricelist for Speed Enforcement Equipment. 23. Discount (%) off catalog/pricelist for Public Safety Life Preserver and Related Items. 24. Discount (%) off catalog/pricelist for Emergency Radio Dispatch Consoles and related items. 25. Discount (%) off catalog/pricelist for Safety and Security Window Film Products. 26. Discount (%) off catalog/pricelist for Gunshot and Threat Detection Products and Systems. 28. Discount (%) off catalog/pricelist for All Other Public! Safety Products and Equipment. 29. Discount (%) off catalog/pricelist. for Public Safety Equipment Repair Parts.  11. Discount (%) off catalog/pricelist for All Types of Public Safety Patrol Bicycles, Supplies and Related  Accessories.  15. Discount (%) off catalog/pricelist for Alcohol and Drug Testing Products and Related Services.  18. Discount (%) off catalog/pricelist for Law Enforcement Knives and Tools (multipurpose tools, dip tools, mini tools, 19. Discount (%) off catalog/pricelist for Public Safety Uniforms, Rainwear, Jackets, Footwear, and Accessories.  and related accessories).  27. Discount (%) off catalog/pricelist for All Types Security Access Doors and related accessories (accordion, roll up,  wood fold, flat lead post, narrow lead post, and curved).  30. Discount (%) off catalog/pricelist for Public Safety Equipment and Products Maintenance/Waranty  Agreements.  Section II: Firehouse Supplies and Equipment 31. Discount (%) off catalog/pricelist for Breathing Apparatus.  Proposal Forms COMM/SVCS v.08.11.2021  Page 38 of72    PURCHASING COOPERATIVE  BuyBoard  12007 Research Boulevard* Austin, Texas 78759-2439 PH: 800-695-2919* buyboard.com  32. Discount (%) off catalog/pricelist for Protective Clothing and Rescue Gear including Protective Boots, Helmets  and Gear Bags.  33. Discount (%) off catalog/pricelist for Turnout Gear. 34. Discount (%) off catalog/pricelist for Nomex Station Uniforms. 35. Discount (%) off catalog/pricelist for Communication Devices and Systems. 36. Discount (%) off catalog/pricelist: for EMS Supplies and Equipment. 37. Discount (%) off catalog/pricelist for Portable Lighting Equipment. 38. Discount (%) off catalog/pricelist for Vehicle Light Bars, Sirens, and Speakers. 39. Discount (%) off catalog/pricelist for Fire Extrication Rescue Equipment. 41. Discount (%) off catalog/pricelist for Gas Detection Devices, Cameras, and Systems. 42. Discount (%) off catalog/pricelist for Fire Hose and Nozzles. 43. Discount (%) off catalog/pricelist for Fire Extinguishers and Fire Fighting Foam. 44. Discount (%) off catalog/pricelist for Fire Hose Hydrostatic Testing Services. 45. Discount (%) off catalog/pricelist for Fire Fighting Training Materials and Equipment. 46. Discount (%) off catalog/pricelist for Optical Emergency Traffic Pre-Emption Supplies and Equipment. 47. Discount (%) off catalog/pricelist for All Other Firehouse Equipment and Supplies. 48. Discount (%) off catalog/pricelist for Firehouse Equipment Repair Parts. 49. Discount (%) off catalog/pricelist for Firehouse Equipment and Products Safety Maintenance/Waranty  40. Discount (%) off catalog/pricelist for Firehouse Uniforms, Rainwear, Jackets, Footwear and Accessories.  Agreements.  Section III: Installation and Repair Service  50. Hourly Labor Rate for Installation/Repair Service of Public Safety Equipment and Products- Not to Exceed 51. Hourly Labor Rate for Instalation/Repair Service of Firehouse Equipment and Products Not to Exceed  hourly labor rate for Instalation/Repair Service of Public Safety Equipment and Products. hourly labor rate for Installation/Repair Service of Firehouse Equipment and Products.  Proposal Forms COMM/SVCS v.08.11.2021  Page 39 of72    AGENDA REQUEST    ORDINANCE  RESOLUTION  RD NO: 2024-  CAPTION: AMENDING ORD # 2022-102, ADMINISTRATION/PLANNING SERVICES AGREEMENT WITH GRANTWORKS, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY (CDBG-DR) PROGRAM FOR THE 2018/2019 GLO INFRASTRUCURE  GRANT COMPETITION, TO ADD RECOMMENDED LANGUAGE BY GLO.  RECOMMENDATIONS & JUSTIFICATION: ADDITIONAL TERMS AND CONDITIONS LANGUAGE IS NECESSARY TO COMPLY WITH GLO REQUIREMENTS LISTED IN OUR SUBRECIPIENT  AGREEMENT.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE).  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED: N/A  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  Robin S. Green, Jr. /DATE:10/22/2024 REQUESTING PARTY (TYPED)  T  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED: CITY MAYOR  DATE DEFERRED:  DATE  yelg  OETAuPy    ORDINANCE NO. 2024-  An Ordinance amending Ordinance #2022-102, which authorized an Administration/Planning Services Agreement with Grantworks for Community Development Block Grant - Disaster Recovery (CDBG-DR) Program for the 2018/2019 GLO Infrastructure Grant competition, to  add recommended language by GLO.  WHEREAS, additional terms and conditions language is  necessary to comply with GLO requirements listed in our  subrecipient agreementi and  WHEREAS, the City Controller by the attached certificate  of funds has certified to the City Council that money required for this expenditure is in the City treasury and is budgeted or will be appropriated after approval of this Ordinance for this purposei  NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby finds and adopts the  preamble to this Ordinance.  SECTION 2. That amending Ordinance No 2022-102, which authorized a an Administration/Planning Services Agreement with Grantworks for Community Development Block Grant - Disaster Recovery (CDBG-DR) Program for the 2018/2019 GLO Infrastructure Grant competition, to add recommended language by GLO as shown on the attached Exhibit  "A", is hereby authorized and approved.  SECTION 2. That the City Council finds that such increase is reasonable and necessaryi and the Mayor and the City Controller are hereby authorized to draw warrant, check or voucher in said amount  haemdo.d22-102aPlamming.Cramtuoriaa    or so much thereof as may be necessary to pay and discharge the legal obligation of the City of Pasadena, Texas chargeable thereto. SECTION 3. That the Mayor of the City of Pasadena, Texas is hereby authorized and directed to execute and the City Secretary to attest for and on behalf of the City the annexed contract document and  counterparts thereof.  SECTION 4. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate  of Interested Parties, if applicable.  SECTION 5. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  semdord22-102Aalamming.Gramtworks,    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A. D., 2024.  day of  A. D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A. D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  semdora22-102Aalamming.Grantwerks,    Amendment No. 1  For GRANT ADMINISTRATION SERVICES Related to GLO State Contract Number 24-067-032-E220  THIS AMENDMENT, MADE THIS 22 OF OCTOBER 2024 BY AND BETWEEN THE CITY OF PASADENA, hereinafter referred to as the Client, and GRANTWORKS, INC., Austin, Texas, Ins summary, this amendment is designed to amend Sections I, III, IV, VII, XII, X, and XV of the current administration and planning services agreement in order to provide current compliance with GLO requirements, as well as improve reporting efficiency as related to Davis-Bacon Labor  hereinafter referred to as the Consultant.  Law requirements. Description of Amendment:  1. SECTION II- CHARACTER AND EXTENT OF SERVICES  Add the following text to Post Funding Services, Construction Management:  USE OF CLOUD-BASED CERTIFIED PAYROLL SOLUTION. Upon procurement of any prime construction contractor or subcontractor subject to Davis-Bacon certified payroll or other prevailing wage compliance requirements to perform work related to the Services described herein, the Client shall require and enforce the use of LCPtracker, a cloud-based Saas solution, for any certified payroll tracking, construction site compliance, and workforce reporting. Access to LCPtracker will bet furnished by the Consultant. [Consultant to] Furnish access to LCPtracker, a cloud-based Saas solution, for certified payroll tracking, construction site compliance, and workforce  reporting.  Add the following text to Post Funding Services, Civil Rights:  Remedies, Alternative Dispute Resolution, and Program Non-Complance. The parties hereto agree to resolve all disputes arising hereunder in accordance with this section. If a dispute arises out of or relates to this Agreement or any alleged breach hereof, including determination of responsibility for any costs disallowed as a result of non-compliance with federal, state or CDBG-DR program requirements, the party desiring to resolve such dispute shall deliver awritten notice of the dispute, including the specific claim in the dispute to the other party. Following the delivery of such notice, the parties involved in the dispute shall meet at least twice within the thirty (30) day period commencing with the date of the notice and in good faith shall attempt to resolve such dispute through negotiation. If any dispute is not resolved or settled by the parties as a result of such negotiation, the parties in good faith shall submit the dispute to non-binding mediation before a retired) judge of at federal district court or Texas district court or a similarly qualified, mutually agreeable individual in Austin, Texas. The parties shall bear the costs of such mediation equally. If the  Grant Administration Services Amendment  Page1of6  EXHIBIT"A"    dispute is not resolved through such mediation, either party may proceed to file  suit.  Add the following text:  CONFLICTS OF INTEREST  A. Governing Body: Client agrees that no member of its governing body, no other public official of Client, and no other officer, employee, ora agent of the Client 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 Agreement, and Client shall take appropriate steps to assure compliance with this requirement. B. Other Local Public Officials. No other public official who exercises any functions or responsibilities in connection with the planning and carrying out of administration, construction, engineering or implementation of the CDBG award between the GLOa andi the City/County shall have any personal financial interest, direct ori indirect, in the Consultant or this Agreement; and the Consultant shall take appropriate steps to assure compliance. C. Consultant and Employees. The Consultant warrants and represents that it has no conflict of interest associated with the CDBG award between the GLO and the Client or this Agreement. The Consultant further warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may benefit from the CDBG award between the GLO and the Client or in any business, entity, organization or person that may benefit from the award. The Consultant further agrees that it will not employ an individual with a  conflict of interest as described herein.  Add the following text:  ENERGY EFFICIENCY.  The Consultant shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871). (2 CFR 4 200  APPENDIX Il (H) and 42 U.S.C. 6201).  Add the following text:  PATENT RIGHTS AND INVENTIONS. The Consultant shall comply with the requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises ori is developed in the course of or under such contract. (2 CFR 200 Appendix II (f) and  Rights to inventions in 37 CFR Part 401).  Grant Administration Services Amendment  Page 2of6    2. SECTION III-T TASKS, ADDITIONAL SERVICES, AND CHANGES  Add the following text:  A. Ifauthorized by Client, the Consultant shall furnish Additional Services of the following types which are not considered normal or customary Administrative Services; these will be paid for by the Client at an hourly rate of Ninety-five 1. Reassessment of the environmental review, republication of environmental notices, and other actions necessary to re-secure clearance from the GLO required by an amendment, other Contract modification, or a change in GLO 2. Additional door-to-door income survey work required as part of an amendment, other Contract modification, or a change in GLO policy or 3. New and/or additional acquisition activities resulting from unknown needs prior to project initiation, site changes, and/or condemnation proceedings. 4. Preparing to serve, or serving, as a consultant or witness for Client in any litigation, other legal or administrative proceeding involving this project. 5. Preparation of financial statements and records such as audits, check registers, and ledgers that are required for project implementation and are typically generated by the Client in the normal course of business. 6. Additional or extended services made necessary by: 1) a significant amount of defective work of any construction contractor, consulting engineer and/or architect; 2) prime construction contractor utilizing more than three (3) sub- contractors; 3) more than two (2) prime construction contracts; 4) force account documentation for labor, equipment and materials valued at over $25,000; 5) default of any construction contractor, consulting engineer and/or B. Fees for any professional services required to carry out project-related activities that must be furnished by a third-party professional including but not limited to Phase lor II environmental assessments or services by an accountant, appraiser, archaeologist, architect, attorney, auditor, biologist or other natural scientist, engineer, historic preservationist, or surveyor, shall be ina addition to the base fee payable to Consultant specified in Section III. Expenditures for such services shall require prior approval by Client.  and no/100 Dollars ($95.00).  policy or practice. practice.  architect.  3. Section IV - TIME OF PERFORMANCE  Add the following text:  Consultant shall use commercially reasonable efforts to perform all services required and performed hereunder within either 730 calendar days or the project's administrative closure date, as defined by GLO,  whichever is later.  Grant Administration Services Amendment  Page 3 of6    4. Section VII - TERMINATION  Strike existing text and replace with the following:  TERMINATION OF AGREEMENT FOR CAUSE. In accordance with 2 CFR: 200 APPENDIX II (B) If the Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Agreement, the Client shall provide written notice to Consultant reasonably specifying the failure or violation. If Consultant fails to cure such failure or violation within five (5) business days of receiving such notice or, if the failure or violation is incapable of cure within such time frame, to begin to take actions to cure such failure or violation and to diligently pursue them to completion, Client thereupon shall have the right to terminate this Agreement immediately by giving written notice to the Consultant. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. In such event, alli finished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement shall, at the option of the Client, TERMINATION OF AGREEMENT FOR CONVENIENCE. Either the Client or the Consultant may terminate this Agreement at any time by providing at least ten (10) days' notice in writing toi the other party toi this Agreement. If the Agreement is terminated as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the termination date. In such event, all finished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement shall, at the option of the Client,  become its property.  become its property.  5. Section XIII - MODIFICATIONS  Strike existing text and replace with the following:  The Client may, from time to time, request changes in the scope of services of the consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, must be mutually agreed upon by and between the Client and the Consultant and shall be incorporated in written amendments to this Agreement. Ifa a change is requested but the parties cannot agree ont the specific terms of such change, the parties may mutually agree to terminate this Agreement. Absent such agreement toi terminate, the Agreement will continue without the change.  Grant Administration Services Amendment  Page 4 of6    6. SECTION XV - FEDERAL REQUIREMENTS & MISCELLANEOUS PROVISION  Strike existing text and replace with Attachments A -H  Enclosed  Add the following text:  MISCELLANEOUS PROVISIONS  A. Governing Law. This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable ini the county in which Client's primary office is B. Binding Effect; No Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representative, successors and permitted assigns. This Agreement does not andi is not intended to confer any rights or remedies to any person other than the parties to this Agreement. C.S Severability. In any case one or more of the provisions contained in this Agreement shall for any reason be held to bei invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any, other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. D. Attorneys' Fees. If any action at law ori in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursement in addition to any other relief to which such party may be entitled. E. Provision of information. Iti is agreed that all information, data, reports and records and maps as are existing, available and necessary for the carrying out of the work outlined in this Agreement shall be furnished to the Consultant by the Client and its agencies. No charge will be made to Consultant for such information and the Client and its agencies will cooperate with Consultant in every way possible to facilitate the performance of the work described in this F.Local Program Liaison. For purposes of this Contract, the Senior Management Analyst for Budgeting and Financial Planning or equivalent authorized person will serve as the Local Program Liaison and primary point of contact for the Consultant. All required progress reports and communication regarding the project shall be directed to this liaison and other local personnel as G. Waiver of Consequential Damages. Neither party will be liable to the other party or any other person or entity for any special, incidental, indirect, consequential, punitive or exemplary damages arising out of or relating to this Agreement, regardless of the form of action and whether or not such party has been informed of or otherwise might have anticipated the possibility of such H. Limitation of Liability. Each party agrees that, regardless of the type, nature or number of causes of action or claims by the Client (including without  located.  Agreement.  appropriate.  damages.  Grant Administration Services Amendment  Page 5of6    limitation claims for indemnity under this Agreement) or any third party claiming by, through or under the Client, the maximum amount of damages, individually or ini the aggregate, that either party will be liable for or can be required to pay to the other or any other claimant is the amount of fees to be paid to the Consultant by the Client under this Agreement. The parties agree that this limitation of damages is reasonable and acknowledge that but for this limitation, neither party I.E Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties with regard to contemporaneous understandings or written or oral agreements between the parties respecting the subject matter of J. Negotiated Terms. The parties agree that the terms and conditions of this Agreement are the result of negotiations between the parties and that this Agreement shall not be construed in favor of or against either party by reason of the extent to which such party ori its professional advisors participated in the K.C Ownership of Work and Copyright. The parties agree that the Consultant retains all ownership rights toi forms, reports, and other documents produced in whole or in part under this Agreement until such documents are completed as contemplated under this Agreement and placed in the official Contract record or submitted as final documents to the Client or the GLO. Consultant shall retain all ownership rights to templates, internal tracking systems, and other documents produced by Consultant that have a common use applicable to multiple clients and are not produced specifically for the Client under this Agreement. No report, maps, or other documents produced in whole ori in part under this Agreement shall be the subject of an application for copyright  would enter into this Agreement.  this Agreement.  preparation of this Agreement.  by or on behalf of the Consultant.  All other terms and conditions of the Agreement between the Client and GrantWorks will remain  in full force and effect. City of Pasadena 1149 Ellsworth Dr. Pasadena, TX 77506  GrantWorks, Inc. 2201 Northland Drive Austin, TX 78756 By:. Bruce J.  By:  Jeff Wagner, Mayor  e  Grant Administration Services Amendment  Page 6 of6    DocuSign Envelope ID: 03391D33-3BB7-4908-A49F-682FD6C97ADE  Attachment. A Page 1of7  GLO Contract No. 24-067-032-E220  CITY OF PASADENA 24-067-032-E220 PERFORMANCE STATEMENT  The GLO awards City of Pasadena (Subrecipient) this Contract under HUD's Community Development Block Grant Disaster Recovery ("CDBG-DR") program to provide financial assistance with funds appropriated to facilitate Activities related to disaster relief, long-term recovery, restoration of Infrastructure and housing, economic revitalization, and affirmatively furthering fair housing, in accordance with Executive Order 12892, in the most impacted and distressed areas resulting from a major declared disaster that occurred in 2019. Subrecipient was impacted during the 2019 Disasters, which overwhelmed its sewer systems with flood waters and threatened public health, safety, and welfare. Ins strict conformance with the terms and conditions oft the CDBG-DR -2019 Disasters HUD MID Infrastructure Competition and this Contract, Subrecipient shall perform, or cause to be performed, the Infrastructure Activities identified below to repair and strengthen its sewer systems, which will reduce risk of disaster- related loss oflife, suffering and hardship, injury, and damage to and loss of] property. Subrecipient shall perform the Activities identified herein for the service area specified in its approved Texas Community Development Block Grant Disaster Recovery Grant Application to aid areas most impacted by the 20191 Disasters. The persons tol benefit from the Activities described herein must receive the prescribed service or benefit, and all eligibility requirements must be met The grant total is $1,000,000.00. Subrecipient will be required to maintain a detailed Budget breakdown in the official system of record (TIGR) of the GLO's Community Development and Revitalization division. Subrecipient must ensure expenditures for individual projects do not exceed the amounts for detailed funding categories in the project budget of the approved Grant Application, as may be revised in writing upon mutual agreement of the Parties. Ifit becomes necessary to redistribute Budget line-item amounts between Activities, Subrecipient must seek a  toi fulfill contractual obligations.  Contract Amendment prior toj performing any work.  Sewer Facilities  City of Pasadena 2019 WWTP Project: Subrecipient shall demolish and clear; repair and replace concrete wall/support and grating; install headworks screen, slide gates, and trench frame; improve electrical; perform site repairs/restoration; integrate SCADA; and complete associated  appurtenances. Construction shall take place at the following location.  REMAINDER OF PAGE INTENTIONALLY LEFT BLANK    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment A Page2of7  GLO Contract No. 24-067-032-E220  Proposed HUD Performance Measures Public Facility (PF)  Defining Project Location At Vince Bayou Wastewater Treatment Plant  Location Coordinates Avenue 29.71558,-95.20924  Dead end ofl North Main Street north of Pitts  Total Beneficiaries  Census Tract 3212.00 3216.00 3219.00 3220.00 3221.00 3222.00 3226.00 3227.00 3228.00 3229.00 3230.00 3231.00 3232.00 3233.00 3234.00 3235.00 3236.00 3237.01 3237.02 3238.01 3238.02 3239.00 3240.00 3240.02 3241.00 3242.00 3402.03 3413.01 3414.00 3416.00 3420.01 3421.00  Block Group 1,2,3,4,5 1,2,3,4 1,2,3 1,2,3 1 1,2,3 1,2,3,4 1,2,3,4 1,2,3 1,2,3 1,2 1,2,3,4 1,2 1,2,3,4 1,2 1,2,3,4 1,2,3 1,2 1,2 1,2 1,2 1,2 1 1,2,3,4,5 1 1,2 1 1,2,3 3 1,2,3 1,2  LMI Beneficiaries  LMI%  152,120  83,200  54.69    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-682FD6C97ADE  Attachment A Page3 3 of7 1,2,3 1,2 3 1 1 3  GLO Contract No. 24-067-032-E220  3422.00 3424.00 3425.00 3430.00 3436.00 3437.00  Beneficiaries were identified using City-Wide LMISD, and the above project meets the LMI  national objective.  REMAINDER OF PAGE INTENTIONALLYI LEFT BLANK    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-682FD6C97ADE  Attachment. A Page 4of7  GLO Contract No. 24-067-032-E220  BUDGET Grant Award $1,000,000.00 $1,000,000.00  DRGR Activity Type Construction/Reconstruction of Sewer Lines or Systems  Other Funds $1,533,506.00" $1,533,506.00'  Total $2,533,506.00 $2,533,506.00  TOTAL  'CITYOF ASADIMASSTDNPUND,TON BE USEDTOWARDI ENGINEERING. AND CONSTRUCTION  REMAINDER OF PAGE INTENTIONALINLEFTI BLANK    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment A Page 5of7  GLOContract No. 24-067-032-E220  BENCHMARKS  Single Deliverable Milestones by Budget Category (Subrecipient may draw up to 100% of Budget category after submittal to and approval by the GLO oft the stated Deliverable.) Special Environ- Acquisition mental Funds Funds  Multiple Deliverable Milestones (Subrecipient may draw up to, but not exceed, the stated percentage after submittal to and the GLO approval by ofthes stated Deliverable.)  Not-To-Exceed Budget Gate Percentages by Budget Category (Subrecipient may draw up to, but not exceed, the identified percentage of the Budget category until stated Deliverable(s) are submitted to and approved by the  GLO.)  Project Delivery Grant Administration mental Funds Funds  Planning/ Studies to engineering design)  Environ- Engineering Funds  Construction (not related Funds  Project Phase Actions and Deliverables Action: Start-up Phase Deliverable: Contract kick- offn meeting sign-in sheet; all required Start-Up Documentation reviewed and accepted by the GLO; executed grant administration service provider contracti in PDF format. Action: Commencement of Engineering Phase Deliverable: Executed engineering service provider contraçt inl PDF format provided during start-up phase as applicable Action: Commencement of Environmental Phase Deliverable: Executed environmental service- provider contract inl PDF format provided during start-up phase as applicable. Action: Completion of Design Phase Deliverable: Complete signed and: sealed 100% construction plans in PDF format.*  0-15%  0-30%  15.01-30% 0-30%  30.01- 60%    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-682FD6C97ADE  Attachment A Page 6of7  GLO Contract No. 24-067-032-E220  Action: Completion of Special Environmental Services Deliverable: GLO approval ofrequired documentation, dependent upon additional environmental requirements Action: Completion of Environmental Record Review Deliverable: GLO-signed AUGF** Action: Acquisition Phase Deliverable: Acquisition Detailed Report and supporting documentation per parcel accepted by the GLO* Action: Commencement of Bid) Phase Deliverable: First published bidi notice and pubisher'saffidavit" Action: Commencement of Construction Phase Deliverable: Signed NTP* Action: Commencement of Planning/Study Phase Deliverable: Signed NTPo or similar document from Subrecipient, initiating the Planning/study Activity and describing the work to be performed*** Action: Completion of Construction Phase Deliverable: Signed and sealed complete As-Built Plans in PDF format; executed COCC accepted by the GLO; signed FWCR accepted by the GLO* Action: Completion of Planning/Study Phase Deliverable: Final Planning/study report and profofacceptance by Subrecipient***  100%  30.01- 100%  30.01-50%  100%  60.01- 70%  50.01-60%  60.01-85%  70.01- 85%  0-95%  0-85%  85.01-95%  85.01- 100%  95.01- 100%  85.01- 100%    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-682FD6C97ADE  Attachment A Page7of7  GLO Contract No. 24-067-032-E220  Action: Grant Completion Report Approval Deliverable: GCR approved by the GLO  95.01-100%  Failure to provide any Deliverable identified above could result in Subrecipient's repayment in part or in full of funds expended. Providing the Deliverables identified in this table will allow Subrecipient to draw the identified funding percentage per Budget category, contingent upon Subrecipient's compliance with associated Program guidance. *If Subrecipient executes multiple construction contraçts, this Deliverable (or Deliverables, as applicable) will be required for each contract, anda associated costs willl bej pro-rated: in accordance with thel Budget details in the final GLO-approved. Appliçation. **Ifthe Project includes more than one ERR, associated costs willl bej pro-rated in accordance with the Budget details int the final ***A Planning study Activity includes the cost of developing the study itself. Project Delivery-Grant Administration is drawn as applicable through the associated milestone percentage pro-rated in accordance with the Budget details in the final GLO-  GLO-approved Application. approved Application.    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  GLO Contract No. 24-067-032-E220 Attachment B OMB Approval No. 4040-0009 Expiration Date: 02/28/2025  Page 1of6  ASSURANCES-CONSTRUCTION PROGRAMS  Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, tot the Office of Management: and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.  SEND ITT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.  NOTE: Certain of these assurances may not be applicable to your project or program. If you! have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If suchi is  the case, youy will be notified.  As the duly authorized representative of the applicant, certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (inçluding funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described int this appliçation. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper açcounting system in accordance with generally accepted accounting 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non-discrimination during the 4. Wil comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval oft the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for ap purpose that constitutes or presents the appearance of personal or organizational conflict of  8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. $54728-4763) relating to prescribed standards ofr merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. $54801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence 10. Will comply with all Federal statutes relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. $51681-1683, and 1685-1686), which prohibits discrimination ont the basis of sex; (c) Section 5040 of the Rehabilitation Act of 1973, as amended (29 U.S.C.S794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. $$6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Offiçe and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; () the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) $$523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. S$290dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. $$3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, () the requirements of any other nondiscrimination statute(s) which  structures.  standards or agency directives.  useful life of the project.  interest, or personal gain.  may apply to the application.  Standard Form 424D (Rev.7-97) Prescribed by OMB Circular A-102  Previous Edition Usable  Authorized for Local Reproduction    Attachment B Page 2of6  DocuSign Envelope ID: 03391D33-3BB7-4908-A49F-682FD6C97ADE 11. Will comply, or has aiready complied, with the requirements of Titles Ila and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of and federally-assisted programs. These requirements apply to all interests in real properly acquired for project purposes regardless of Federal participation in 12. Will comply with the provisions of the Hatch Act (5 U.S.C. $$1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded iny whole ori in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40U.S.C. $5276a to 276a-7), the Copeland Act (40 U.S.C. $276c and 18 U.S.C. $874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 59327-333) regarding labor standards for federally-assisted 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. $$1451 et seq.); () conformity of  GLO Contract No. 24-067-032-E220  Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. $57401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended and, (h) protection of endangered Endangered Species Act of 1973, as amended (P.L. 93- 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. $$1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. $470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and poliçies 20. Wil comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or  93-523); (P.L. under species the  Federal purchases.  205).  system.  construction subagreements.  U.S.C. $$469a-1 et seq.).  Organizations."  and acquisition is $10,000 or more.  governing this program.  subawards under the award.  SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL  TITLE  Docusignedby: JF ayur APPLICANT ORGANIZATION City of Pasadena  Mayor, city of Pasadena DATE SUBMITTED 4/2/2024  SF-424D (Rev.7-97)E Back  THIS FORM MUSTI BEI EXECUTED    DocuSign Envelope ID: 03391D33-3BB7-4908-A49F-6B2FD6C97ADE  Attachment B Page3of6  GLO Contract No. 24-067-032-E220  CERTIFICATION REGARDING LOBBYING COMPLIANT WITH APPENDIX A TO240 C.F.R. PART871  Certification) for Contracts, Grants, Loans, and Cooperative. Agreements: The undersigned certifies, to the best ofl his or her knowledge: and belief, that:  (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person fori influencing or attempting toi influence an offiçer or employee of an agency, al Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, (2)Ifany funds other than Federal appropriated funds have been paid or willl be paid to any person fori 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 (3)1 The undersigned shall require that the language oft this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contraçts under grants, loans, and cooperative This certification isa 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 bys section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil  loan, or cooperative agreement.  Report Lobbying,' - in accordance with its instructions.  agreements) and that all subrecipients shall certify and disclose accordingly.  penalty oft not less than $10,000 andi not more than $100,000 for each such failure.  Statement) for Loan Guarantees and Loan Insurance:  The undersigned states, to the best of his or her knowledge and belief, that: Ifa any 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 offiçer or employee of Congress, or an employee ofa Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is aj prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.Code.. Any person who fails to file the required statement shall be subject to a civil penalty of not less As the duly authorized representative of the applicant,Ihereby. certify that the applicant will comply with the  than $10,000 and not more than $100,000 for each such failure.  above applicable certification. NAME OF APPLICANT City ofl Pasadena Jeff Wagner SIGNATURE by: SFWayur  AWARDNUMBER. AND/OR PROJECT NAME  24-067-032-E220  PRINTED NAME. AND TITLE OF AUTHORIZED REPRESENTATIVE  Mayor, City of Pasadena  DATE 4/2/2024  124 C.F.R. 87 App. A, available at shoyspospyléysMimRAECER20Iamiallc,0Ilais,inolloantl  appA. Published Apr. 1,2011. Accessed Aug. 1,2018.    Attachment B Page 4of6 Expiration Date: 02/28/2025  DocuSign Envelope ID:  GLO Contract No. 24-067-032-E220  Disclosure of Lobbying Activities (See reverse for public burden disclosure) 2. *Status ofl Federal Action: 3. *Report Type:  Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 OMBI Number: 4040-0013  *Type ofl Federal Action: a.contract b.g grant c.cooperative: agreement d. loan e. loan guarantee f.loan insurance Prime *Name: *Street 1: *City: Zip:  a. bidofler/application b.i initiala award c.p post-award  a. initial filing b. material change  4. Name and. Address of Reporting Entity:  Subawardee  Street 2: State:  5. IfReporting Entity in No. 4isSubawardee, Enter Name and Address of Prime:  6. Federal Department/Ageny:  7. Federal Program Name/Deseription: CFDA Number, ifapplicable: 9. Award Amount, ifknown:  8. Federal Action Number, ifknown: 10.a. Name and Address ofl Lobbying Registrant  $ Suffix Street 2:  Prefix_ *Last Name *Street 1: *City: Prefix_ *Last Name. *Street 1: *City:  *First Name_  Middle Name  State:  Zip:  b.I Individuals Performing Services (including address ifdifferent from No. 10a)  *First Name_  Middle Name.  Suffix Street 2:  State:  Zip:  11.1 Information requested through this formi is authorized by title: 31 U.S.C. section 1352. This disclosure ofl lobbying activities is at material representation off fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure isr required pursuant to3 31 U.S.C. 1352. This information will be reported tot the Congress semi-annually and willl be: available for public inspection. Any person who fails tot file the required disclosure shall be subject tos a civil penalty  of not lessthan $10,000 and not more than $100,000 for each such failure.  *Signature: *Name: Prefix_ *Last Name. Title: Federal Use Only:  *First Name_  Middle Name Suffix  Telephone No.:_  Date:  Authorized forl Local Reproduction Standard Form- LLL (Rev.7-97)    Attachment B Page 5of6  DocuSign Envelope ID: 03391D33-3BB7-4908-A49F-682FD6C97ADE  GLO Contract No. 24-067-032-E220  INSTRUCTIONS FOR COMPLETION OF: SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES  This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt ofa covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing ofa form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, ora an employee ofal Member of Congress in connection witha a covered Federal action, Complete alli items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget  fora additional information. Agency Owner Form Name Form Version Number OMB Number OMB Expiration Date Field Number 1. 2. 2-a. 2-b. 2-c. 3.0 3-a. 3-b.  Federal Agency Form Instructions Form Identifiers  Information Grants.gov 2.0 4040-0013 02/28/2025  Disclosure ofL Lobbying Activities (SF-LLL)  Field Name *Type of Federal Required Action: *Status of Federal Required Action a. Checkif Bid/Offer/ applicable Application b.Initial Checki if Award applicable c.Post- Checkif Award applicable *Report Type Required a. Initial Checkif filing applicable b. Checkif Material change applicable Required Required Required Checkif applicable Checki if appliçable Optional Required Required Optional Required Required Required Optional  Required or Information Optional  Identify thet type of covered Federala actionf for whichl lobbying activity is and/or has been secured toi influence the outcome ofa covered Federal: action. This fieldi isr required. Identifyt the status oft the covered Federal action. This field isr required. Clicki ift the Status of Federal Actioni isa ab bid, and offer or an application. Clicki ift the Status of Federal Actioni is ani initiala award. Click if the Status of Federal Action isap post-award. Identify the appropriate classification oft this report.  Checki ifinitial filing.  Ifthisi isa ai follow up report caused by a material change to thei information previously reported, enter the year and quarter inv whicht the change occurred. Enter the date oft the previously submitted report byt this reporting entityf for this covered Federal action. This fieldi is required.  Material Change Conditionally Ift this isaf follow up report caused by a material change tot the information previously Material Change Conditionally Ifthisi isa ai follow up report caused bya a material change tot the information previously Material Change Conditionally Enter the date oft the previouslys submitted report byt this reporting entity for this covered  Year Quarter Date ofl Last Report Name and Address Required ofF Reporting Entity Prime Subawardee Tier ifknown: Name Street1 1 Street2 City State ZIP Congressional District, if known No. 4iss Subawardee, Required Enter! Namea and Address of Prime  reported, enter the yeari in which the change occurred. reported, enter the quarteri inv which the change occurred.  Federal action.  4.  Provide thei information for Name and Address of Reporting Entity. Click to designate the organization filing the report as the Prime Federalr recipient. Click to designate the organization filingt the reporta ast the SubAwardee Federal recipient. Sub- awards includel but are not limited to subcontracts, subgrants and contract awards under grants. Identify the tier oft the subawardee, e.g., the first subawardee of the prime ist the 1st tier.  Enter the name of reporting entity. This field isr required Enter Street: 1 oft the reporting entity. This fieldi isr required. Enter Street 20 oft ther reporting entity. Enter City oft ther reporting entity This fieldi is required. Enter the state oft the reporting entity. This fieldi is required Entert the ZIP oft the reporting entity. This fieldi isr required  Entert the primary Congressional District of the reporting entity. Enteri int the following format: 2character: state abbreviation- -3characters district number, e.g., CA-005 for California 5th district, CA-012 for California 12th district, NC-1031 for North Carolina's 103rd district.  5.  IfR Reporting Entityi in Conditionally IFR Reporting Entityi in No. 4is Subawardee, provide thei information for the Name and Address  of Prime    Attachment Page 6of6  03391D33-3BB7-4908-A49P-6B2FD6C97ADE  DocuSign Envelope ID:  GLO Contract No. 24-067-032-E220 B  Name Street1 Street2 2 City State ZIP Congressional District, if known Federal Department Required /Agency CFDAI Number: CFDA1 Title: Federal Action Number  Required Required Optional Required Required Required Optional  Ifthe organization filing the reporti ini item 4, checks Subawardee", enter the full name of the Ift the organization! filing ther reporti ini item 4, checks' Subawardee", entert the address of the Ift thec organization filing ther report ini item 4, checks' Subawardee", entert the address oft the Ift the organization filing ther report ini item 4, checks "Subawardee", entert the city oft the prime Ifthec organization filing the reporti ini item 4, checks Subawardee", select the appropriate Enter the Congressional District of Prime. Enter int thet following format: 2 character. state abbreviation- -3 3 characters district number, e.B., CA-005 for California 5th district, CA-012 for California 12th district, NC-103 for North Carolina's1 103rd district. Enter the name oft thel Federal Department or Agency making the award or loan commitment. Enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans andl loan commitments. Pre-populated from SF-424 ifusing Grants.gov. Enter the Federal program name or description for the covered Federal action. Pre-populated Enter the most appropriate Federali identifying number available for the Federal action, identified ini item 1 (e.g., Request for Proposal (RFP) number, invitation for Bid (IFB) number, grant announcement. number, thec contract, grant, orl loan awardi number, the application/ proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90- Fora ac covered Federal action where there has beena ana award orl loan commitment by the Federal agency, enter the Federal amount oft the: award/loan commitment oft the prime entity Provide thei information for the Name and/ Address ofl Lobbying Registrant. Enter the prefix (e.g. Mr., Mrs., Miss), ifa appropriate, fort the Lobbying Registrant. Enter thef firstr name ofLobbying Registrant. Thisf fieldisr required. Enter the middle name ofl Lobbying Registrant. Enter the last name of Lobbying Registrant. This fieldi is required. Enter the suffix (e.g., Jr.Sr., PhD), ifa appropriate, for the Lobbying Registrant. Enter the first line of streeta address for the Lobbying Registrant. Enter the secondl line ofs street addressf for the Lobbying Registrant. Enter the city of the Lobbying Registrant. Select the appropriate state oft the Lobbying Registrant. Enter the Zip Code (or ZIP+4) of the Lobbying Registrant. Provide thei information for Individual Performing Services  prime Federal recipient. prime Federal recipient. prime Federalr recipient. Federal recipient. state from this pull down menu. Enter the ZIP of Prime. This fieldi isr required  6. 7. 8.  This fieldi isr required.  Required Required Optional  from SF-424 ify using Grants.8 gov.  001".  9. 10.a.  Award Amount Optional Name And Address Required ofLobbying Registrant Prefix First Name Middle Name Last Name Suffix Street 1 Street2 City State ZIP Code Individual Performing Services Prefix First Name Middle Name Last Name Suffix Street1 Street2 City State ZIP Code  identified ini item 4 or5.  Optional Required Optional Required Optional Required Optional Required Required Required Required Optional Required Optional Required Optional Required Optional Required Required Required  10.b.  Enter the prefix (e.g., Mr., Mrs., Miss), ifa appropriate, for the Individual Performing Services. Enter the first name oft the Individual Performing Services. This fieldi is required. Enter the middle name oft the Individual Performing Services. Enter the last name oft the Individual Performing Services. This field isr required. Enter thes suffix( (e.g., Jr. Sr., PhD), ifa appropriate, for the Individual Performing Services. Enter the firstl line ofs street address for the Individual Performing Services. Entert the: second line ofs street address for the Individual Performing Services. Entert the city of the Individual Performing Services. Select the state for the address oft the Individual Performing! Services from this pull down menu. Enter the Zip Code (orz ZIP+4) oft the Individual Performing Services.  According tot thel Paperwork Reduction Act, as amended, nop persons are required to respond to a collection ofi information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 4040-0013. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection ofi information. Send comments regarding the burden estimate or any other aspect oft this collection ofi information, including suggestions for reducing this burden, to the Office of! Management and Budget, Paperwork Reduction  Project, Washington, DC20503.    DocuSign Envelope ID: 03391D33-3BB7-490B-A49P-6B2FD6C97ADE  Attachment C Page 1of9  GLO Contract No. 24-067-032-E220  CIPERALAETIRVATONS  TOTHE EXTENT. APPLICABLE, Subrecipient affirms and agrees to the following, without exception: 1. Subrecipient represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Subrecipient nor the firm, corporation, partnership, or institution represented by Subrecipient, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 oft the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in 2. Subrecipient shall not assign its rights under the Contract or delegate the performance ofits duties under the Contract without prior written approval from the GLO. Any attempted assignment or delegation in violation of this provision is void and without effect. This 3. If the Contract is for services, Subrecipient shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State ofTexas in performing service contracts, but for contracts subject to 2 CFR 200, only 4. Under Section 231.006 of the Family Code, the vendor or applicant [Subrecipient) certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate, in addition to other remedies set out in Section 231.006(f) of the Family Code.* 5. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent oft the business entity submitting the bid or application. Subrecipient certifies it has submitted this information to 6. Ifthe Contract is for a "cloud computing service" as defined by Texas Government Code Section 2157.007, then pursuant to Section 2054.0593(d)-) oft the Texas Government Code, relating to cloud computing state risk and authorization management program, Subrecipient represents and warrants that it complies with the requirements of the state risk and authorization management program and Subrecipient agrees that throughout the term of the Contract it shall maintain its certifications and comply with the program requirements in the 7. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Subrecipient certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental 8. Iftl the Contract authorizes Subrecipient to access, transmit, use, or store data for the GLO, then in accordance with Section 2054.138 of the Texas Government Code, Subrecipient certifies that it will comply with the security controls required under this Contract and will *Thiss section does not apply toad contract with a "governmental entity" as defined in' Texas Govemment Code Chapter 2251.  the same line ofbusiness as Subrecipient.*  provision does not apply to subcontracting.  tot the extent such compliance is consistent with 2 CFR: 200.319.  the GLO.*  performance oft the Contract.  Quality rules in' Title 30 Texas Administrative Code Chapter 328.    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment C Page2of9  GLOContract No. 24-067-032-E220  maintain records and make them available to the GLO as evidence of Subrecipient's 9. Subrecipient represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the 10.S Subrecipient agrees that any payments due under the Contract shall be applied towards any 11.Upon request of the GLO, Subrecipient shall provide copies of its most recent business 12. Ifthe Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Subrecipient certifies that it does not employ an individual who has been employed by the GLO or another agency at any time during the two years preceding the Subrecipient's submission of its offer to provide consulting services to the GLO or, in the alternative Subrecipient, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (ii) the annual rate of compensation for the 13.If the Contract is not for architecture, engineering, or construction services, then except as otherwise provided by statute, rule, or regulation, Subrecipient must use the dispute resolution process provided fori in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY SUBRECIPIENT. 14. Ifthe Contract is for architecture, engineering, or construction serviçes, then subject to Texas Government Code Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Subrecipient shall use the dispute resolution process provided for in Chapter 2260 oft the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OFC GOVERNMENTAL IMMUNITY BY SUBRECIPIENT. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if Subrecipient's claim for breach of contract cannot be resolved by the Parties in the ordinary course of business, Subrecipient may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against Subrecipient as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Subrecipient must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date This section does not apply to a contract with a' "govemmental entity" as defined in Texas Govemment Code Chapter 2251.  compliance with the required controls.  Contract.  debt or delinquency that is owed by Subrecipient to the State ofTexas.  continuity and disaster recovery plans.  employment at the time ofi its termination.*    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment C Page3of9  GLO Contract No. 24-067-032-E220  of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount Subrecipient seeks as damages; and (3) the b. The chief administrative officer, or if designated in the Contract, another officer of the GLO, shall examine the claim and any counterclaim and negotiate with Subrecipient in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Ifthe negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the Parties shall reduce the agreement or settlement to writing and each Party shall sign the agreement or settlement. A partial settlement or resolution ofa claim does not waive a Party's rights under this Contract as d. Ifac claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the Parties agree in writing to an extension of time, the Parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is Subrecipient's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLOif the Parties are unable to resolve their disputes as described in this section. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity, or, if applicable, the governmental immunity of Subrecipient. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas or Subrecipient. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State ofTexas or, ifapplicable, of Subrecipient under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. Subrecipient does not waive any privileges, rights, defenses, or immunities available toi it by entering into this Contract or by its conduct, or by the conduct ofany representative of Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Subrecipient: (1) filing suit pursuant to Chapter 114 oft the Civil Practices and Remedies Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 15. IfChapter 2271 ofthe Texas Government Code applies to this Contract, Subrecipient verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract.* 16. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Subrecipient understands that all obligations of the GLO under this Thiss section does not apply to a contract witha a "governmental entity" as defined in Texas Government Code Chapter 2251.  legal theoryofrecovery.  Section 2260.052.  to the parts oft the claim that are not resolved.  the GLO, prior to or subsequent to entering into this Contract.  of the Texas Government Code.    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-682FD6C97ADE  Attachment C Page 4of9  GLO Contract No. 24-067-032-E220  Contract are subject to the availability of funds. Ifsuch funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas 17.S Subrecipient certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States 18. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head ofa a state agency, Subrecipient certifies that it is not (1) the executive head of the GLO, (2) aj person who at any time during the four years before the effective date oft the Contract was the executive head of the GLO, or (3) a person who employs a current or 19. Subrecipient represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for 20. Pursuant to Section 2155.004(a) of the Texas Government Code, Subrecipient certifies that neither Subrecipient nor any person or entity represented by Subrecipient has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Subrecipient certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Subrecipient from providing free technical assistance.* 21. Subrecipient represents and warrants that it is not engaged in business with Iran, Sudan, ora foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government 22. In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Subrecipient represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Subrecipient further represents and warrants that ifa former employee of the GLO was employed by Subrecipient within one year of the employee's leaving the GLO, then such employee will not perform services on projects with Subrecipient that the employee worked on while employed by the GLO.* 23. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue ofany suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise * This section does not apply to a contract with: a "governmental entity" as defined in Texas Government Code Chapter 2251.  Constitution.  Department of the Treasury, Office of Foreign Assets Control.  former executive head ofthe GLO.  its termination.  Code.*  identifies its applicability to any Party.    DocuSign Envelope ID: 3391D33-3BB7-490B-A49F-682FD6C97ADE  Attachment C Page 5of9  GLOContract No. 24-067-032-E220  24. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT,TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN 25.IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM. ANY AND ALL LABILIY,ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCI, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO SUBRECIPIENT'S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE SUBRECIPIENT OR ITS CONSULTANTS UNDER CONTRACT TO SUBRECIPIENT, OR ANY OTHER ENTITY OVER WHICH SUBRECIPIENT EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO 26.TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE: STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE This section does not apply to a contract with a "govermental entity" as definedi in' Texas Government Code Chapter 2251.  NOTICE TO EACH OTHER OF ANY SUCH CLAIM.*  AGENTS, EMPLOYEES, SUBCONTRACTORS,  ORDER  FULFILLERS,  EACH OTHER OF ANY SUCH CLAIM.*    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment C Page 6of9  GLO Contract No. 24-067-032-E220  PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF SUBRECIPIENT PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR SUBRECIPIENT'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY SUBRECIPIENT OR OTHERWISE TO WHICH THE GLOHAS ACCESS AS A RESULT OF SUBRECIPIENT'S PERFORMANCE UNDER THE CONTRACT. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. SUBRECIPIENT SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS FEES. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREETOANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, SUBRECIPIENT WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT. A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF SUBRECIPIENT OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND SUBRECIPIENT WILL PAY ALL: REASONABLE COSTS OF THE GLO'S COUNSEL.* 27. Subrecipient has disclosed in writing to the GLO all existing or known potential conflicts of 28. Sections 2155.006 and 2261.053 oft the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Subrecipient certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification 29. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Subrecipient and legally empowered to contractually bind Subrecipient to the terms and conditions of the Contract and related 30. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Subrecipient shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.* This section does not apply to a contract witha a' "governmental entity" as definedi in Texas Government Code Chapter 2251.  interest relative to the performance oft the Contract.  isi inaccurate.*  documents.    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment C Page7of9  GLOContract No. 24-067-032-E220  31. The state auditor may conduct an audit or investigation ofany entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Subrecipient shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 32. Subrecipient certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by 33. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Subrecipient certifies its compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to 34. Pursuant to Section 572.069 oft the Texas Government Code, Subrecipient certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Subrecipient within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or 35. The GLO shall post this Contract to the GLO's website. Subrecipient understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by. judicial rulings and opinions of the Attorney General ofthe State of Texas (the "Attorney General"). Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. In accordance with Section 2252.907 of the Texas Government Code, Subrecipient is required tor make any information created or exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO inj portable document file ("pdf") format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Subrecipient believes to be excepted from disclosure as "confidential" or a "trade secret," Subrecipient waives any and all claims it may make against the GLO for releasing such information without prior notice to Subrecipient. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Subrecipient shall notify the GLO's Office of General Counsel within twenty-four (24) hours of receipt of any third-party written requests for information and forward a copy of said written requests to PIAlcwal@ploiexasgov. If a request for information was not written, Subrecipient shall forward the third party's contact information Thiss section does not apply to a contract with: a "govermental entity" as defined in Texas Government Code Chapter 2251.  2262.154 oft the Texas Government Code.  any state or federal agency.  the Television Equipment Recycling Program.  employment ceased on or after September 1,2015.  to the above-designated e-mail address.    DocuSign Envelope ID: 03391D33-3BB7-490B-A49P-6B2FD6C97ADE  Attachment C Page 8of9  GLO Contract No. 24-067-032-E220  36. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Subrecipient must report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO in the manner 37.IFSubrecipient, in its performance of the Contract, has access to a state computer system or database, Subrecipient must complete a cybersecurity training program certified under Texas Government Code Section 2054.519, as selected by the GLO. Subrecipient must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Subrecipient must verify in writing to the GLO its completion of the 38. Under Section 2155.0061, Texas Government Code, Subrecipient certifies that the entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld ift this certification is inaccurate.* 39. Subrecipient certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Subrecipient's business. Subrecipient acknowledges that such a vaccine or recovery requirement would make Subrecipient 40. Pursuant to Government Code Section 2275.0102, Subrecipient certifies that neither it nor its parent company, nor any affiliate of Subrecipient or its parent company, is: (I) majority owned or controlled by citizens or governmental entities ofChina, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 41.IfSubrecipient is required to make a verification pursuant to Section 2276.002 of the Texas Government Code, Subrecipient verifies that Subrecipient does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Subrecipient does not make that verification, Subrecipient must notify the GLO and state 42.) IfSubrecipient is required to make a verification pursuant to Section 2274.002 oft the Texas Government Code, Subrecipient verifies that it (1) does not have aj practice, policy, guidance, or directive that discriminates against a "firearm entity" or "firearm trade association" as those terms are defined in Texas Government Code section 2274.001 and (2) will not discriminate during the term of the Contract against a firearm entity or firearm trade association. If Subrecipient does not make that verification, Subrecipient must notify the 43.If Subrecipient is a "professional sports team" as defined by Texas Occupations Code Section 2004.002, Subrecipient will play the United States national anthem at the beginning ofeach team sporting event held at Subrecipient's home venue or other venue controlled by Subrecipient for the event. Failure to comply with this obligation constitutes a default of this Contract, and immediately subjects Subrecipient to the penalties for default, such as repayment of money received or ineligibility for additional money. In addition, Subrecipient This section does not: apply to a contract with a' "governmental entity" as defined in Texas Government Code Chapter 2251.  prescribed by the GLO's website, htpl/glo.texas.gov.  cybersecurity training program.  ineligible for a state-funded contract.  2275.0103, or (2) headquartered in any of those countries.*  why the verification is not required.*  GLO and state why the verification is not required.*    DocuSign Envelope ID:  Attachment C Page 9of9  GLO Contract No. 24-067-032-E220  may be debarred from contracting with the State. The GLO or the Attorney General may 44. To the extent Section 552.371 ofthe Texas Government Code applies to Subrecipient and the Contract, in accordance with Section 552.372 of the Texas Government Code, Subrecipient must (a) preserve all contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO for the duration oft the Contract, (b) no later than the tenth business day after the date of the GLO's request, provide to the GLO any contracting information related to the Contract that is in Subrecipient's custody or possession, and (c) on termination or expiration oft the Contract, either (i) provide to the GLO at no cost all contracting information related to the Contract that is in Subrecipient's custody or possession or (ii) preserve the contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the Contract and Subrecipient agrees that the Contract may be terminated if Subrecipient knowingly or intentionally fails to 45. Ift the Contract is for consulting services governed by Chapter 2254 of the Texas Government Code, Subrecipient, upon completion of the Contract, must give the GLO a compilation, in a digital medium agreed to by the Parties, of all documents, films, recordings, or reports Subrecipient compiled in connection with its performance under the Contract.* 46.1 If subject to 2 CFR 200.216, Subrecipient shall not obligate or expend funding provided under this Contract to: (a) procure or obtain; (b) extend or renew a contract to procure or obtain; or (c) enter into a contract to procure or obtain equipment, serviçes, or systems that uses covered telecommunications equipment or services, as defined in Public Law 115-232, Section 889, as a substantial or essential component of any system, or as critical technology 47.To the extent Texas Government Code Chapter 2252, Subchapter G applies to the Contract, any iron or steel product Subrecipient uses in in its performance of the Contract that is produced through a manufacturing process, as defined in Section 2252.201(2) of the Texas  strictly enforce this provision.*  comply with a requirement oft that subchapter.*  as part of any system.  Government Code, must be produced in the United States.  Thiss section does not apply toa a contract with a "govermental entity" as defined in' Texas Govemment Code Chapter 2251.    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-682FD6C97ADE  Attachment D Pagelof4  GLO Contract No. 24-067-032-E220  NONEXCLUSIVE LIST OF APPLICABLE LAWS, RULES, AND REGULATIONS Ifapplicable to the Project, Subrecipient must bei in compliance with the following laws, rules, and regulations, as may be amended or superseded over time, and any other state, federal, or local laws, rules, and regulations as may become applicable throughout the term of the Contract, and Subrecipient acknowledges that this list may not include all Subrecipient is deemed to have read and understands the requirements of each of  such applicable laws, rules, and regulations.  the following, if applicable to the Project under this Contract: The Acts and Regulations specified in this Contract;  GENERALLY 116-20);  Additional Supplemental Appropriations for Disaster Relief Act, 2019 (Public Law The Housing and Community Development Act of 1974 (12 U.S.C. S 5301 et seq.); The United States Housing Act of 1937, as amended, 42 U.S.C. $ 1437f(0)(13) (2016) and related provisions governing Public Housing Authority project-based assistance, and  implementing regulations at 24 C.F.R. Part 983 (2016); Cash Management Improvement Act regulations (31 C.F.R. Part 205); Community Development Block Grants (24 C.F.R. Part 570);  Uniform Administrative Requirements, Cost Principles, and Audit Requirements for  Federal Awards (2C.F.R. Part 200); Disaster Recovery Implementation Manual; and  State of Texas CDBG-DR Action Plan: 2019 Disasters, approved by HUD on October  15,2020, as amended. CIVIL RIGHTS  Title VI of the Civil Rights Act of 1964, (42 U.S.C. $ 2000d et seq.); 24 C.F.R. Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation ofTitle VIoft the Civil Rights Act of1964"; Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Title VIII oft the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. $ Executive Order 11063, as amended by Executive Order 12259, and 24 C.F.R. Part 107, Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063"; The failure or refusal of Subrecipient to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions  Opportunity Act of1972 (42 U.S.C. $ 2000e, et. seq.);  3601, etseq.), as amended;  specified in 24 C.F.R. 107.60;  The Age Discrimination Act of1 1975 (42 U.S.C. $6 6101, et seq.); and  Section 504 of the Rehabilitation Act of 1973 (291 U.S.C. $ 794.) and Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of    DocuSign Envelope ID:  Attachment D Page2of4  GLO Contract No. 24-067-032-E220  Housing and Urban Development", 24 C.F.R. Part 8. By signing this Contract, Subrecipient understands and agrees that the activities funded shall be performed in accordance with 24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. $ 4151, et seq.), including the use of a telecommunications device for deaf persons  (TDDs) or equally effective communication system. at40U.S.C. SS 3141-3148); 29 C.F.R. Part 5; U.S.C. $3145): 29 C.F.R. Part 3;  LABOR STANDARDS  The Davis-Bacon Act, as amended (originally, 40 U.S.C. SS 276a-276a-5 and re-codified The Copeland Anti-Kickback" Act (originally, 18 U.S.C. $ 874 and re-codified at 40 Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (originally, 40U.S.C. SS 327A and 330 and re-codified at 40 U.S.C. SS 3701-3708); Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act) (29 C.F.R. Part  5);and  Federal Executive Order 11246, as amended. EMPLOYMENTOPPORTUNITIES C.F.R. Part 75;  Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. $ 170lu): 24 The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. $ 4212); Title IX ofthe Education Amendments of 1972 (20U.S.C. $S 1681-1688); and  Federal Executive Order 11246, as amended. GRANT AND AUDIT STANDARDS  Single Audit Act Amendments of 1996, 31 U.S.C. $ 7501;  Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Uniform Grant and Contract Management Act (Texas Government Code Chapter 783) and the Uniform Grant Management Standards, issued by Governor's Office of Budget  Federal Awards (2 C.F.R. Part 200);  and Planning; and LEAD-BASED PAINT HISTORIC PROPERTIES  Title 1 Texas Administrative Code $ 5.167(c).  Section 302 oft the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. $ 4831(b)). The National Historic Preservation Act of 1966 as amended (16 U.S.C. $ 470, et seq.), particularly sections 106 and 110 (16 U.S.C. SS 470 and 470h-2), except as provided in Executive Order 11593, Protection and Enhancement of the Cultural Environment, May  $58.17 for Section 17 projects;    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment D Page3of4  GLO Contract No. 24-067-032-E220  13, 1971 (36FR 8921),3 C.F.R., 1971-1975 Comp., p. 559, particularly section 2(c); Federal historic preservation regulations as follows: 36 C.F.R. Part 800 with respect to The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. $ 469, et seq.), particularly section 3 (16 U.S.C. $  HUD programs; and 469a-1).  ENVIROMMIENTALLAANP, AUTHORITIES Responsibilities (24 C.F.R. Part 58, as amended);  Environmental Review Procedures for Recipients assuming HUD Environmental National Environmental Policy Act of1969, as amended (42 U.S.C. SS 4321-4347); and Council for Environmental Quality Regulations for Implementing NEPA (40 C.F.R. Parts  1500-1508).  FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION  Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951),3C.F.R, 1977 Comp., p. 117, as interpreted in HUD regulations at 24 C.F.R. Part 55, particularly Section 2(a) of the Order (For an explanation of the relationship between the decision- Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961), 3 C.F.R.,  making process in 24 C.F.R. Part 55 and this part, see $ 55.10.); and  1977 Comp., p. 121 particularly Sections 2 and 5. COASTAL ZONE MANAGEMENT  The Coastal Zone Management Act of 1972 (16 U.S.C. $ 1451, et seq.), as amended,  particularly sections 307(c) and (d)(16U.S.C. $ 1456(c) and (d)).  SOLE SOURCE AQUIFERS  The Safe Drinking Water Act of 1974 (42 U.S.C. $S 201, 300(f), et seq., and 21 U.S.C.S 349) as amended; particularly section 1424(e)(42 U.S.C. $ 300h-3(e)); and Sole Source Aquifers (Environmental Protection Agency-40 C.F.R. part 149.).  ENDANGERED SPECIES section 7(16U.S.C. 9 $1 1536). WIDAMDSCENICRIVERS  The Endangered Species Act of 1973 (16 U.S.C. $ 1531, et seq.) as amended, particularly  The Wild and Scenic Rivers Act of 1968 (16 U.S.C. $ 1271, et seq.) as amended,  particularly: sections 7(b) and (c)(16U.S.C. $ 1278(b) and (c)).  AIR QUALITY  The Clean Air Act (42 U.S.C. $ 7401, et seq.) as amended, particularly sections 176(c) Determining Conformity of Federal Actions to State or Federal Implementation Plans  and (d) (42 U.S.C. $7506(c) and (d)).  (Environmental Protection Agency-40 C.F.R. Parts 6, 51,and 93).    DocuSign Envelope ID:  Attachment D Page4of4  GLO Contract No. 24-067-032-E220  FARMLAND! PROTECTION  Farmland Protection Policy Act of 1981 (7 U.S.C. $ 4201, et seq.) particularly sections Farmland Protection Policy (Department of Agriculture-7 C.F.R. part 658).  1540(b) and 1541 (7 U.S.C. $S 4201(b). and 4202); and  HUD ENVIRONMENTALSTANDARDS C.F.R. $ 51.303(a)(3); and  Appliçable criteria and standards specified in HUD environmental regulations (24 C.F.R. Part 51)(other than the runway clear zone and clear zone notification requirement in 24 HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals  and Radioactive Materials, September 10, 1979.  ENVIROMMENTALISTICE  Executive Order 12898 of February 11, 1994- Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, (59 FR  7629),3C.F.R., 1994 Comp. p. 859. SUSPENSION AND DEBARMENT  Use of debarred, suspended, or ineligible contractors or subrecipients (24 C.F.R. $  570.609);  General HUD Program Requirements; Waivers (24 C.F.R. Part 5); and Nonprocurement Suspension and Debarment (2 C.F.R. Part 2424).  OTHER REQUIREMENTS  Environmental Review Procedures for Entities Assuming HUD Environmental  Responsibilities (24 C.F.R. Part 58). ACQUSTIOW/REIOCATON FAITH-BASED ACTIVITIES  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. $ 4601,etseq.), 24 C.F.R. Part 42, and 24 C.F.R. $570.606.  Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith- Based and Community Organizations, (67 FR 77141), as amended by Executive Order 13559, Fundamental Principles and Policymaking Criteria for Partnerships with Faith- Based and Other Neighborhood Organizations and HUD regulations at 24 C.F.R.  570.2000).  REMAINDER OF PAGE INTENTIONALLYI LEFT BLANK    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment E Page 1of6  GLOContract No. 24-067-032-E220  SPECIAL CONDITIONS  Throughout the term of the Contract and prior to the release of any grant funds for the Projects or Activities anticipated, Subrecipient must be in compliance with the following Special Conditions, if applicable to a Project or Activity, and any other State, Federal, or Subrecipient is deemed to have read and to understand the requirements of each of the  local laws, rules, and regulations as may be applicable.  following, ifa applicable to the Project or any Activity under this Contract.  A. REIMBURSEMENT, GENERALLY  As provided fori in Public Law 116-20, the Contract funds may not be used for Activities that are eligible to be reimbursed by, or for which funds are made available by, (a) the Federal Emergency Management Agency (FEMA); (b) the Army Corps of Engineers (Corps); (c) any other federal funding source; or (d) covered by insurance, and Subrecipient shall ensure  compliance with all such requirements.  B. NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE  1. Subrecipient must provide documentation that indicates they have received approval from the Texas Water Development Board (TWDB), which is the National Flood Insurance Program (NFIP) State Coordinating Agency, reflecting that appropriate ordinances or orders necessary for Subrecipient to be eligible to participate in the NFIP have been 2. When Activities specified in a Performance Statement involve structures that are located within a Special Flood Hazard Area (SFHA), flood insurance may be required. If required, Subrecipient shall obtain such insurance and shall maintain documentation 3. Subrecipient acknowledges and agrees that, if any property that is the subject of an Activity under this Contract is located within a floodplain, the following terms and a. Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. $8 4001- 4128), Federal financial assistance for acquisition and construction purposes (including rehabilitation) may not be used in an area identified by FEMA as having The community in which the area is situated is participating in the NFIP or less than one (1) year has passed since the FEMA notification regarding such hazards; ii. Ift the community is participating in the NFIP, flood insurance protection is to be obtained as a condition of the approval of financial assistance to the property b. Ift the community is participating in the NFIP and the recipient provides financial assistance for acquisition or construction purposes (including rehabilitation) for property located in an area identified by FEMA as having special flood hazards, Subrecipient is responsible for ensuring that flood insurance under the NFIP is  adopted.  evidencing compliance with such requirements.  conditions shall apply:  special flood hazards, unless the following ist true:  and  owner.  obtained and maintained.    DocuSign Envelope ID: 03391D33-3BB7-4908-A49F-6B2FD6C97ADE  Attachment E Page2of6  GLO Contract No. 24-067-032-E220  C. Under Section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C. $ 5154a, HUD disaster assistance that is made available in a special flood hazard area may not be used to make a payment (including any loan assistance payment) to a person for repair, replacement, or restoration for flood damage to any personal, The person had previously received Federal flood disaster assistance conditioned  residential, or commercial propertyi ift the following is true: on obtaining and maintaining flood insurance; and ii. The person failed to obtain and maintain flood insurance.  d. Subrecipient understands and agrees that it has a responsibility to inform homeowners receiving disaster assistance that triggers the flood-insurance purchase requirement of . The homeowners have a statutory responsibility to notify any transferee of the  the following:  requirement to obtain and maintain flood insurance; and ii. The transferring owner may be liable ifh he or she fails to do SO.  C.P ROIRCTMAPINCDISIGN INFORMATION  For construction projects, Subrecipient shall require and maintain copies, in written and/or digital format, of final Project record drawing(s) and engineering schematics, as constructed. 1. Prior to the GLO's release of funds for the construction of any water system improvements, Subrecipient shall provide certification to the GLO of the following: a. The plans, specifications, and related documents for the specified water system improvements have been prepared by the engineer selected for such Activities or by b. The review of such plans, specifications, and related documents meets the applicable Texas Commission on Environmental Quality (TCEQ) review requirements described 2. Prior to construction, Subrecipient shall provide documentation to the GLO showing that an approved new or amended Certificate of Convenience and Necessity (CCN), or the equivalent permit or authority for the area to be served, has been issued by the TCEQ. 3. Prior to Subrecipient's: submission of the Project Completion Report for any water system improvements described in Attachment A, as amended, Subrecipient shall provide a! letter from the TCEQ that the constructed well is approved for interim use and may be temporarily placed into service pursuant to Title 30, Chapter 290, Subchapter D, of the  D. WATER SYSTEM IMPROVEMENTS  the engineer's duly authorized representative; and in Title 30 oft the Texas Administrative Code.  Texas Administrative Code. E. SEWERSYSTEMIMIMPROVEMENTS  Prior to the construction of any sewer system improvements described in Attachment A, as amended, Subrecipient shall provide certification to the GLO that the plans, specifications; and related documents for the specified sewer system improvements have been prepared by the engineer selected for such Activities or by the engineer's duly authorized representative    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment. E Page3of6  GLO Contract No. 24-067-032-E220  and have been properly submitted to the TCEQ for review and approval in accordance with the administrative requirements ofTitle 30, Section 217.6, oft the Texas Administrative Code. Further, prior to the construction of any sewer lines or additional service connections described in Attachment A, as amended, Subrecipient shall provide notification to the GLO of the start of construction on any sewer treatment plant or other system-related  improvements included in this Contract. F. WASTEWATER TREATMENT CONSTRUCTION  Prior to incurring costs for any wastewater treatment construction in Attachment A, as amended, Subrecipient shall provide documentation of an approved permit or amendment(s) to an existing permit for such Activities from the TCEQ's Water Quality Division. In addition, Subrecipient shall provide documentation to the GLO indicating that an approved new or amended CCN, or equivalent permit or authority for the area to be served, has been issued by the TCEQ as required by Title 16, Chapter 24, Subchapter H, of the Texas  Administrative Code.  G.C ON-SITE SEWAGE FACILITIES 0SSP)IMPROVEMENTS  1. Subrecipient shall provide documentation indiçating that final plans, specifications, and installation ofi its OSSF improvements have been reviewed and approved by the City or County Health Department, as applicable, through authority granted by the TCEQ. 2. Subrecipient shall mitigate all existing OSSF in accordance with Title 30, Section 3. Prior to the selection of program recipients for proposed OSSF improvements, Subrecipient shall provide a copy of its proposed program guidelines to the GLO for review. All proposed OSSF programs must meet or exceed guidelines set forth in Title  285.36(b), oft the Texas Administrative Code.  30, Chapter 285, Subchapter D, of the Texas Administrative Code.  H. BUILDING CONSTRUCTION  Subrecipient shall provide documentation indicating that the construction ofa new building or facilities is in compliance with the Texas Accessibility Standards adopted under the Architectural Barriers Act (Chapter 469 of the Texas Government Code) and the Texas Department of Licensing and Regulation (TDLR) Architectural Barriers Administrative Rules (Title 16, Chapter 68, of the Texas Administrative Code). If estimated construction costs exceed Fifty Thousand Dollars ($50,000.00), construction documents must be  submitted to the TDLR for an accessibility plan review. . BRIDGE CONSTRUCTION/REHABILITATION  Subrecipient shall use the minimum design requirements of the Texas Department of Transportation (TxDOT) for bridge consinuctio/rehabilasation. Final plans and specifications must be submitted to TxDOT for review and approval prior to the start of construction in accordance with Section 201.084 of the Transportation Code, and documentation of such  approval must be provided to the GLO.    DocuSign Envelope ID: 03391D33-3BB7-4905-A49F-682FD6C97ADE  Attachment E Page4 4of6  GLOContract No. 24-067-032-E220  J. DISASTER SHELTERS  Subrecipient shall ensure that the primary purpose of the facility, as described in Attachment A, as amended, is to serve as a disaster shelter and shall ensure the facility is operated at all times in a manner that ensures that the priority use is to serve as a disaster shelter regardless ofany other scheduled uses or commitments that exist at the time ofa disaster or emergency situation. In addition, Subrecipient shall prepare or be incorporated into an approved emergency management plan, as prescribed by the Texas Division of Emergency Management, identifying the shelter as a facility that provides short-term lodging for evacuees during and immediately after an emergency situation. Subrecipient shall submit a copy of Subrecipient's Emergency Management Plan Annex for Shelter and Mass Care to the  GLO. K. DEBRIS REMOVAL  Subrecipient shall ensure that any debris to be removed consists primarily of vegetation, construction and demolition materials from damaged or destroyed structures, and personal property. Only debris identified as the responsibility of the local jurisdiction will be eligible Prior to beginning debris-collection operations, Subrecipient shall address all pertinent environmental concerns, adhere to all applicable regulations, and obtain all required permits. Further, Subrecipient shall adhere to the methods described herein for the collection and Whereas construction and demolition debris may be collected and disposed of at an appropriately rated landfill, woody and/or vegetative debris must be stored prior to disposal by use of temporary debris storage and reduction sites (TDSR). Subrecipient will prepare and operate the TDSR sites, orl local jurisdictions choosing to conduct their own debris operations may review Chapter 7 of the FEMA Debris Management Guide regarding the use of TDSR Inc order to maintain the life expectancy of landfills, Subrecipients disposing of woody and/or vegetative debris must choose burning, chipping, or grinding as the method of disposal. Any project disposing of woody and/or vegetative debris must be approved in writing by the  for the reimbursement of the cost ofr removal.  storage of debris prior to proper disposal.  sites.  This  document  may  be  obtained  at  ittps/www.rema.govpdrgovemmen/grantpa/demagde.pd:  GLO. L. USE OF BONDS  Subrecipient must notify the GLO of its issuance and sale of bonds for completion of the  Project funded under this Contract. M. PROGRAM GUIDELINES  Prior to the selection of program beneficiaries, Subrecipient shall provide to the GLO, for GLO review and approval, a copy ofits proposed guidelines for the program. The guidelines must meet or exceed to requirements in the applicable Federal Register notices. The guidelines must include provisions for compliance with the Federal Fire Prevention and Control Act of 1974 (which requires that any housing unit rehabilitated with grant funds be protected by a hard-wired or battery-operated smoke detector) and provisions for compliance  with 24 C.F.R. Part 35 (HUD lead-based paint regulation).    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-682FD6C97ADE  Attachment E Page5 5of6  GLO Contract No. 24-067-032-E220  N. AFFORDABILITY PERIODS FOR SINGLE-FAMILY HOUSING REHABILITATION, For single-family non-rental housing assistance provided by Subrecipient, Subrecipient shall implement a minimum" three-year (3-year) affordability period during which the homeowner must occupy the home as a principal place of residence, guaranteed by an unsecured  RECONSTRUCTION, OR NEW CONSTRUCTION ASSISTANCE  forgivable promissory note.  O. UNSECURED FORGIVABLE PROMISSORY NOTE  Housing rehabilitation or reconstruction assistance provided by Subrecipient shall be in the form of a three-year (3-year) unsecured forgivable promissory note ("Note") at an interest rate of zero percent (0%). Provided that all terms and conditions contained in the Note continue to be fulfilled, a Note will be forgiven at a rate of thirty-three percent (33%) per year for the first two (2) years and thirty-four percent (34%) after the third year, until the applicant fulfills its Note requirements as defined in the promissory note document. 1. Ifthe homeowner occupies the home for the full three-year (3-year) term, the Note will expire and no repayment will be required, nor will any conditions be imposed relative to the disposition of the property. If any of the terms and conditions under which the assistance was provided are breached or if the property is sold, leased, transferred, or vaçated by the homeowner for any consecutive thirty-day (30-day) period during the 2. If, during the Note term, the homeowner vaçates the unit for any consecutive thirty-day (30-day) period, the locality may forgive, as evidenced by the program director, city council, or commissioner court action, the remaining loan balance. Prior to forgiveness of all or any portion of the assistance provided, the request for forgiveness must be approved by the local governing body and be based on documented and justifiable conditions or circumstances that would result in an unnecessary hardship to the homeowner and, in the case of a limited-clientele project, the determination that the 3. For a limited-clientele project, the national objective will be considered met only when the program director, city council, or county commissioner court determines that an LMI person has occupied the rehabilitated or reconstructed home for a time sufficient to meet the national objective. If the national objective was not achieved, Subrecipient is liable for repayment of an amount equal to the difference between the appraised value of the home prior to reconstruction and the sales price when the home is sold during the term of 4. If property assisted under a limited-clientele project is sold or transferred to a person other than an eligible LMI person, the remaining pro-rated balance of the Note must be repaid by Subrecipient from the sales proceeds. Notwithstanding the preceding, Subrecipient shall be held liable for any balance remaining over and above the sales proceeds. In all instances, upon completion oft the Note or repayment of the assistance (in full or in part), Subrecipient shall prepare and record a release-of-lien document in the  Note term, the repayment provisions oft the Note shall be enforced.  national objective of benefiting LMI persons was met.  the forgivable Note.  land records of the applicable county.  Subrecipient may establish al longer affordability period at its own discretion.    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment E Page 6of6  GLO Contract No. 24-067-032-E220  5. Monitoring oft the Note is required both during and after the grant is closed. Subrecipient must utilize non-CDBG funds to fulfill the monitoring obligations for its impacted 6. Subrecipient will maintain a list of homeowners that do not maintain flood insurance as documented in their promissory notes. These applicants will not be allowed to receive P. RENTAL HOUSING REHABILITATION, RECONSTRUCTION, OR NEW CONSTRUCTION Rental housing rehabilitation, reconstruction, or new construction assistance will be provided in the form ofa forgivable loan or grant at a zero percent (0%) interest rate dependent on the applicable Federal Register notice, Action Plan, or Housing Guidelines. Provided all terms and conditions under which the assistance was provided continue to be fulfilled, the Promissory Note will be forgiven on a pro-rated basis until the applicant fulfills their Promissory Note requirements as defined in the Promissory Note document. The purpose of the Affordable Rental Program is to facilitate the rehabilitation, reconstruction, and/or new construction of affordable rental housing needs within the service area of a disaster event. A minimum of 51% of the multi-family units must be restricted to LMI persons during the affordability period of twenty (20) years. The rents, at a minimum, must comply with High HOME Investment Partnership (HOME) Rents and other existing Land Use Restriction Agreement (LURA) restrictions if applicable. HOME rent limits are defined by HUD and must equal the lesser of fair market rents or 30% of the adjusted income  recovered community.  future assistance as outlined in Section B oft this document.  ASSISTANCE  for people earning 65% oft the. Area Median Family Income.  2. COASTAL MANAGEMENT  Subrecipient acknowledges and agrees that any Project that may impact a Coastal Natural Resource Area must be consistent with the goals and policies of the Texas Coastal Management Program as described in Title 31, Chapter 26 of the Texas Administrative Code.    DocuSign Envelope ID: 03391D33-3BB7-490B-A49F-6B2FD6C97ADE  Attachment F Page 1of1  GLO Contract No. 24-067-032-E220  GLO Community Development and Revitalization Monthly Activity Status Report  Subrecipient must provide monthly Activity status reporting for all sites identified in the Performance Statement (Attachment A) and relevant to the milestones therein. The Monthly Activity Status Report is due the fifth day oft the month followingt the reportingp period fort the duration oft the Contract. Submit  ther report usingt the Texas Integrated Grant Reporting system upload for Monthly Activity Status Reporting.  Subrecipient: Contract Number: Preparer Name: Reporting Period (Month/ Year): Project" Title:  Contact Information:  Att.A Budget Gates/Milestones Budget Category Budget Allowance  TIGR Milestone (Pending or Complete)  On Schedule? (If no, describe improvement plan below.)  Project Milestone Phase Start-Up Documentation Engineering NTP Environmental NTP Engineering Design Authority to Use Grant Funds Acquisition (if applicable) Bid Advertisement  PD-GA Funds Eng Funds PD-GA Funds PD-Env Funds Eng Funds PD-GA Funds PD-Env Funds Acq Funds PD-GA Funds Eng Funds PD-GA Funds Construction Funds 0-95% PD-GA Funds Construction Funds 95.01-100% Planning Funds Planning Funds PD-GA Funds  0-15% 0-30% 15.01-30% 0-30% 30.01-60% 30.01-50% 30.01-100% 100% 50.01-60% 60.01-70% 60.01-85% 70.01-85% 85.01-95% 85.01-100% 0-95% 95.01-100% 95.01-100%  Completion of Special Env Svcs PD-Special Env Funds 100%  Contract Award and Construction Eng Funds Construction Activity Completion Eng Funds  Planning NTP Planning Completion Contract Closeout  Project Status Concerns (provide notes or information relevant to the overall contract.):  Budget Status: PD-GA Funds PD-Env Funds PD-Special Env Funds Eng Funds Acq Funds Construction Funds Planning Funds Totals:  Total Budget  Total Expended  Balance  % Expended (Total Expended/Total Budget)    DocuSign Envelope ID: 03391D33-3BB7-4905-A49F-682FD6C97ADE  Attachment G Pagelof4  GLOContract No. 24-067-032-E220  GLO Information Security Appendix  1. Definitions  "Breach of Security" means any unauthorized access of computerized data that compromises the security, confidentiality, or integrity of GLO Data that is in the possession and/or control of Subrecipient (or any entity with which Subrecipient shares GLO Data as authorized herein) including data that is encrypted if the person accessing the data has the key required to decrypt the data, or a loss ofcontrol, compromise, unauthorized disclosure or access, failure to physically secure GLO Data or when unauthorized users access PII or SPI for an unauthorized purposes. The term encompasses both suspected and confirmed incidents involving GLO Data which raise areasonable risk ofharm to the GLO or an individual. A Breach of Security occurs regardless of whether caused by a negligent or intentional act or omission on part of Subrecipient and/or "GLO Data" means any data or information, which includes PII and/or SPI as defined below, collected, maintained, and created by the GLO, for the purpose of providing disaster assistance to an individual, that Subrecipient obtains, accesses (via records, systems, or otherwise), receives (from the GLO or on behalf of the GLO), or uses in the performance of the Contract or any documents related thereto. GLO Data does not include other information that is lawfully made "Personal Identifying Information" or "PIP' means information that alone, or in conjunction with other information, identifies an individual as defined at Tex. Bus. & Com Code Section "Sensitive Personal Information" or "SPP" means the personal information identifying an All defined terms found in the Contract shall have the same force and effect, regardless of  aforementioned entities.  available to Subrecipient through other sources.  521.002(a)(1).  individual as defined at Tex. Bus. & Com. Code Section 521.002(a)(2).  capitalization.  2. Security and Privacy Compliance  2.1. Subrecipient shall keep all GLO Data received under the Contract and any documents 2.2. Subrecipient shall comply with all applicable federal and state privacy and data 2.3. Subrecipient shall implement administrative, physical, and technical safeguards to protect GLO Data that are no less rigorous than accepted industry practices including, without limitation, the guidelines in the National Institute of Standards and Technology CNISTCyberseceuriy Framework Version 1.1. All such safeguards shall comply with 2.4. Subrecipient will legally bind any contractor(s)subcontractor(s) to the same requirements stated herein and obligations stipulated in the Contract and documents related thereto. Subrecipient shall ensure that the requirements stated herein are imposed on any contractorsubcontractor of Subrecipient's subcontractor(s).  related thereto strictly confidential.  protection laws, as well as all other applicable regulations.  applicable data protection and privacy laws.    DocuSign Envelope ID: 03391D33-3BB7-4908-A49F-6B2FD6C97ADE  Attachment G Page2of4  GLO Contract No. 24-067-032-E220  2.5. With the exception of contractors and subcontractors as they are addressed in Section 2.4, Subrecipient will not share GLO Data with any third parties, except as necessary for Subrecipient's performance under the Contract and upon the express written consent of the GLO's Information Security Officer or his/her authorized designee. 2.6. Subrecipient will ensure that initial privacy and security training, and annual training, thereafter, is completed by its employees or comtractorsupcontctors that have access to GLO Data or who create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle PII and/or SPI on behalf of the GLO. Subrecipient shall maintain and, upon request, provide documentation of training completion. 2.7 Any GLO Data maintained or stored by Subrecipient or any contractorsubcontractor must be stored on servers or other hardware located within the physical borders of the United States and shall: not be accessed outside of the United States. 2.8 Subrecipient shall require that all individuals allowed to access GLO Data pursuant to this Contract sign a confidentiality and non-disclosure agreement ("NDA") before being given access to GLO Data. Ata minimum, the NDA shall inform all individuals of the confidential nature of the GLO Data, the security and non-disclosure requirements of this Contract, and the potential criminal penalties and civil remedies specified in federal and state laws that may result from the unauthorized disclosure of GLO Data. The NDA shall require all individuals to acknowledge that the GLO or the United States government, including the U.S. Department of Housing and Urban Development, will seek any remedy available, including all administrative, disciplinary, civil, or criminal action(s) or penalties, as appropriate, for any unauthorized disclosure of GLO Data. Subrecipient shall provide the GLO copies of any and all NDAs upon 2.9 Subrecipient shall only use GLO Data for the purposes of administering the Project(s). 3.1. The GLO shall retain full ownership of all GLO Data, which includes PII and/or SPI, disclosed to Subrecipient or to which Subrecipient otherwise gains access by operation 3.2. If, at any time during the term of the Contract or upon termination of the Contract, whichever occurs first, any part of the GLO Data, in any form, provided to Subrecipient ceases to be necessary for Subrecipient's performance under the Contract, Subrecipient shall within fourteen (14) days thereafter securely return such GLO Data to the GLO, or, at the GLO's written request, destroy, uninstall, and/or remove all copies of data in Subrecipient's possession or control and certify to the GLO that such tasks have been completed. Subrecipient shall provide certification of such destruction of GLO Data. If such return is infeasible, as mutually determined by the GLO and Subrecipient, the obligations set forth in this Attachment, with respect to GLO Data, shall survive termination of the Contract and Subrecipient shall prohibit any further use and  request or demand by the GLO.  3. Data Ownership  oft the Contract or any agreement related thereto.  disclosure ofGLO Data.    DocuSign Envelope ID: 03391D33-3BB7-490B-49F-682FD6C97ADE  Attachment G Page3of4  GLOC Contract No. 24-067-032-E220  4. Data Mining  4.1. Subrecipient shall not use GLO Data for unrelated commercial purposes, advertising or advertising-related services, or for any other purpose not expliçitly authorized by the 4.2. Subrecipient shall take all reasonable physical, techniçal, administrative, and procedural measures to ensure that no unauthorized use or access ofGLO Data occurs.  GLO in this Contract.  5.1 Breach of Security  5.1. Subrecipient shall provide the GLO with the name and contact information for an employee of Subrecipient which shall serve as the GLO's primary security contact. 5.2. Upon Subrecipient's discovery ofa Breach of Security or suspected Breach of Security, Subrecipient shall notify the GLO as soon as possible, but no later than 24 hours after discovery of the Breach of Security or suspected Breach of Security. Within 72 hours, Subrecipient shall provide to the GLO, at minimum, a written preliminary report regarding the Breach or suspected Breach to the GLO with root cause analysis 5.3. Subrecipient shall submit the initial notification and preliminary report to the GLO 5.4. Subrecipient shall take all reasonable steps to immediately remedy a Breach of Security 5.5. Subrecipient shall not inform any third party of any Breach of Security or suspected Breach of Security without first obtaining GLO's prior written consent unless such action is required by law or is limited to third party personnel that have a need to know for the sole purpose of containing or remediating the Breach of Security or suspected Breach of Security. However, while a third party may be informed of the Breach or suspected Breach for the sole purpose of containing or remediating it, no GLO Data shall be shared with such third party unless express written permission is obtained from the GLO in accordance with Section 2.5. Subrecipient will legally bind such third party tot the same requirements stated herein and obligations stipulated in the Contract and documents related thereto as soon as practicable upon securing such third party to contain or remediate the Breach of Security or suspected Breach of Security. 5.6. Notwithstanding the remedies provided in the Contract, ifa Breach of Security includes SPI, Subrecipient shall, at the discretion of the GLO, notify affected individuals of: such Breach and provide affected individuals complimentary access to one (1) year ofcredit  including a log detailing the data affected.  Information Security Officer at nformationsecunty@glo.lexas.gov.  and prevent any further Breach of Security.  monitoring services.  6. Right to Audit  6.1 Upon the GLO's request and to confirm Subrecipient's compliance with this Attachment, Subrecipient grants the GLO, or a GLO-contracted vendor, permission to perform an assessment, audit, examination, investigation, or review of all controls in Subrecipient's, or Subrecipient's conracorsubconradors, physical and/or technical environment in relation to GLO Data. Subrecipient shall fully cooperate with such    DocuSign Envelope ID:  Attachment G Page4of4  GLO Contract No. 24-067-032-E220  assessment by providing access to knowledgeable personnel, physical premises, documentation, infrastructure and application software that stores, processes, or transports GLO Data. In lieu of a GLO-conducted assessment, audit, examination, investigation, or review, Subrecipient may supply, upon GLO approval, the following reports: SSAE18, ISO/ICE 27001 Certification, FedRAMP Certification, and PCI Compliance Report. Subrecipient shall ensure that this clause concerning the GLO's authority to assess, audit, examine, investigate, or review is included in any 6.2 At the GLO's request, Subrecipient shall promptly and accurately complete a written information security questionnaire provided by the GLO regarding Subrecipient's business practices and information technology environment in relation to GLO Data and the GLO shall consider such information to be confidential to the extent allowed by  contractsubcontract that Subrecipient awards.  law.            AGENDA REQUEST  ORDINANCE  RESOLUTION  s  2B  NO: 2022-102  CAPTION: SELECTING GRANTWORKS, INC. TO PROVIDE ADMINISTRATION/PLANNING SERVICES FOR COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY (CDBG- DR) PROGRAM FOR THE 2018/2019 GLO INFRASTRUCTURE GRANT COMPETITION AND  AUTHORIZING ASSISTANCE WITH PRE-FUNDING SERVICES.  RECOMMENDATIONS & JUSTIPICATION: PUBLIC WORKS IS WORKING ON SUBMITTING (CDBG-DR) PROGRAM ADMINISTERED FROUGH THE TEXAS GENERAL LAND OFFICE RFP # 22-007 FOR CDBG-DR ADMINISTRATION AND PLANNING SERVICES WAS ISSUED IN MAY AND 4 RESPONSES WERE RECEIVED AND EVALUATED. PRE-FUNDING SERVICES, WHICH INCLUDES APPLICATION ASSISTANCE, ARE AT NO COST TO THE CITY AND THE SUCCESSFUL, RESPONDENT WILL ASSIST IN ADMINISTRATING THE GRANT IF FUNDS ARE AWARDED. POST FUNDING ADMINISTRATION: SBRVICES ARE ELIGIBLE EXPENSES AND CAN BE FUNDED BY THE GRANT. THERE IS A $1,000,000 CAP ON THE AWARDS AND A STAFF WILL SEEK COUNCIL AUTHORIZATION FOR POST FUNDING SERVICES UPON  APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT  DISASTER RECOVERY  (TXGLO).  REQUIRED 10% MATCH.  NOTIFCATION OF GRANT AWARD BY THE TXGLO.  (IP ADDITIONAL SPACE IS REQUIRED, PLEABE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED: N/A  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  Robin S.  DATE:6/21/2022  REQUESTING PARTY (TYPED)  FIRST READING: Vaterso MOTION  FINAL READING: Estrada MOTION Bass SECOND    BUDGET DEPARTMENT  Schocnbesh SECOND  PURCHASING DEPARTMENT APPROVED:  07-05-22  0714-22 DATE  5035 7MASS OPATE  I DEFERRED:  MAYOR  N    B80 8 B 8  R  R8  V 8  Fe 5 8 8    ORDINANCE NO. 2022- loa  An Ordinance authorizing and approving an agreement by and between the City of Pasadena, Texas and Grantworks, Inc. to provide Maniatsatio/Plamming Services for Community Development Block Grant - Disaster Recovery (CDBG-DR) Program for the 2018/2019 GLO Intrastructure Grant Competition and authorizing assistance with  pre-funding services.  WHEREAS, Grantworks, Inc. will perform professional  services requiring special knowledge and a high order of learning  and skill; and  WHEREAS, Grantworks, Inc. has been selected and awarded  this contract on the basis of demonstrated competence and qualifications to perform the contractual services identified  herein for a fair and reasonable price; and  WHEREAS, the selection of Grantworks, Inc. is in  accordance with Section 2254 of the Texas Government Code; and  WHEREAS, Public Works is working on submitting  applications for Community Development Block Grant - Disaster Recovery (CDBG-DR) Program Administered through the Texas General  Land Office (TXGLO); and  WHEREAS, RFP# 22-007 for CDBG-DR Administration and  Planning services was issued in May and 4 responses were received and evaluated and pre-tunding services, which includes application assistance, are at no cost to the City and the successful respondent will assist in administering the grant if funds are  awarded; and    WHEREAS, Post funding administration services are  eligible expenses and can be funded by the grant; and  WHEREAS, there is a $1,000,000 cap on the awards and a  required 10% match; and  WHEREAS, staff will seek Council authorization for post  funding services upon notification of grant award by the TXGLO;  NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNÇIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby finds and adopts the  preamble to this Ordinance.  SECTION 2. That that certain contract, a facsimile of which is annexed hereto, incorporated herein for all purposes and designated Exhibit "A", by and between the City of Pasadena, Texas and Grantworks, Inc. to provide Administration/Planning Services for Community Development Block Grant - Disaster Recovery (CDBG-DR) Program for the 2018/2019 GLO Infrastructure Grant Competition and authorizing assistance with pre-funding services, is hereby  authorized and approved.  SECTION 3. That the City Council finds that such contract is reasonable and necessary and the Mayor and the City Controller are hereby authorized to draw warrant, check or voucher in said amount or so much thereof as may be necessary to pay and discharge the legal obligation of the City of Pasadena chargeable thereto.    SECTION 4. That the Mayor of the City of Pasadena, Texas is hereby authorized and directed to execute for and on behalf of the City the annexed contract document and counterparts thereof.  SECTION 5. That pursuant to the requirements of House Bill 1295, 85th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate  of Interested Parties, if applicable.  SECTION 6. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  sth day of Sule  A.D., 2022.  APPROVED this the 5th day of Suls -  A.D., 2022.  ACAIIa JEFF WAGNER, MAYOR APPROVED: DALE CITY ATTORNEY Sl CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  Ommia-emuall. AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall APPROVED this the 4915 day of Sui A.D., 2022.  this the 14t day of Sule  A. D., 2022.  QCAwyw JEFFWAGNER, MAYOR APPROVED: woll JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST: @mrdatmuell. AMANDA MUELLER F. CITY SECRETARY CITY OF PASADENA, TEXAS    AGREEMENT FOR ADMINISTRATIONPLANNING SERVICES  THE STATE OF TEXAS 0 COUNTY OFI HARRIS D  THIS AGREEMENT made, entered into and executed by and between the City of Pasadena, Texas, a Home Rule Municipal Corporation situated in Harris County, Texas and under the laws of the State of Texas, hereinafter called "OWNER" and GrantWorks. Inc., hereinafter called CONSULTANT". WITNESSETH, that OWNER intends to plan, develop and make certain improvements generally  described as:  AdministrationlPamming Services for 2018/2019 GLOI Infrastructure Grant Competition In the City of Pasadena, Texas  Community Development Block Grant - Disaster Recovery (CDBG-DR) Program  WITNESSETH, that this Agreement is for providing adminstrationP.amning services related to assisting the OWNER with application(s) and implementation of one or more contracts, ifa awarded, of the Community Development Block Grant - Disaster Recovery (CDBG-DR) Program administered by WHEREAS, the OWNER desires that the CONSULTANT perform certain adminstrationp.anning WHEREAS, the CONSULTANT has been selected and awarded this contract on the basis of demonstrated competence and qualifications to perform the contractual services identified herein fora WHEREAS, the CONSULTANT represents that it is qualified and desires to perform such services in NOW,THEREFORE, the OWNER and the CONSULTANT, in consideration of the mutual covenants  the Texas General Land Office (GLO). services in connection with the Project(s);  fair and reasonable price; and  compliance with RFP #22-007 issued by the OWNER;  and agreements herein contained, do mutually agree as follows:  SECTIONI SCOPE ( OF AGREEMENT  The CONSULTANT agrees to perform adminstration/plamning services in connection with the Project(s). as stated in the sections to follow, and for having rendered such services; the OWNER agrees  to pay to the CONSULTANT compensation as stated in the sections to follow.  EXHIBIT"A"    SECTIONII  CHARACTER AND EXTENT OF SERVICES  The CONSULTANT shall render the following adminstrationPlamning services in connection with Upon this Agreement becoming effective and upon written authorization from OWNER, CONSULTANT shall proceed with the Adminstration/Plamning services which include:  the Project(s):  PRE-FUNDING SERVICES:  Application Preparation: The CONSULTANT will prepare the appliçation as directed by the OWNER to apply for available funding sources adherent to the state and federal agencies guidelines. The CONSULTANT will coordinate all activities and other service providers with regard to the Review of proposed project for program compliance and will work with OWNER toj provide Schedule project meetings with OWNER to evaluate proposed project and timeframes; Prepare project description in conjunction with staff and project engineer; Evaluate project objective and develop imelines/milestones: Prepare project maps in ArcGIS and PDF format; Prepare necessary preliminary Environmental Compliance documentation; meeting to address application development; review prior to submission; Identify and document beneficiaries;  preparation of the application, including, but not limited to:  an overview;  Advise on important deadlines and procedures;  Conduct public hearings (as applicable) for application submission and attend OWNER Package complete application with all pertinent supplemental documentation for OWNER to Advise OWNER on funding availability, anticipated scoring, selection and award process.  POST-FUNDING SERVICES: GENERALADMINISTRATIONSERVICES  Administrative Duties: The CONSULTANT will coordinate, as necessary, between OWNER and any other appropriate service providers (i.e. Engineer, Environmental, etc.), contractor, subcontract and/or Oversee the project and achieve all of the project goals within the constraints given by the Develop and implement project phases to plan, budget, oversee, and document all aspects of Coordinate all activities related to the project's successful completion with all other  administrative agency to effectuate the services requested.  funding agency; the specific project;  professionals and organizations associated with this project.  2    Recordkeeping: The CONSULTANT will assist the OWNER with maintaining all records generated by the program. Thisi includes all records required by the funding agency andt the OWNER (i.e.p program  management records).  Complete filing system will be developed and maintained at OWNER's office; Both physical and electronic form of records will be developed and accessible; Records will be updated as necessary to ensure compliance with funding source and Records will be retained for the appropriate period of time as dictated by the funding agency, Financial Management (as applicable): The CONSULTANT will assist the OWNER in keeping the general journal, general ledger, cash receipts journal and all other neçessary financial documents, as Utilize and assist with the agency's system of record to complete milestones, submit  administrative agency;  with electronic records available for perpetuity.  well as monitor the OWNER's financial system.  documentation, reports, draws, change requests, etc.; Request fund expenditure in-line with project milestones; Develop a detailed Contract Ledger; the program and project(s);  Establish a filing system that accurately and completely reflects the financial expenditures of Keep track of disbursement of funds and ensure that the vendors are paid within the required Construction Management: The CONSULTANT will coordinate and supervise the project to ensure designated activities are realizing the intended outcomes as stated in contract documents. CONSULTANT will oversee specialized contractors and other personnel and allocate necessary Assist the OWNER in submitting/seting up project applications in the Agency's system of Coordinate the development, completion, and execution of contract documents to ensure  timeframe set out by the funding agency.  resources.  record;  supporting documentation is in order; Conduct regular on-site visitations and assessments;  Development and maintenance ofo construction management status log;  Recommendation and development of scope realignments as prescribed by the project's Flood Protection Planning (as applicable): In addition to general administrative services, the CONSULTANT will work with the OWNER to provide support and the necessary administrative services to successfully implement and complete flood protection planning projects. Assist OWNER with establishing formal and direct contact with appropriate entities affected by the project and in coordinating with existing flood protection planning activities in the  complexities.  watershed;  Develop detailed budgets for subcontracts; Submit planning studies for review. CONTRACTADMINISTRATIONSERVICES  Schedule and assist facilitating at minimum three (3). required public meetings;  Administrative Duties: The CONSULTANT will work with the OWNER to provide the necessary administrative and planning services to see the project to completion. The CONSULTANT will meet  3    with officials on a regular basis to review progress on the objectives of the project and then take Act as the OWNER's liaison to the funding agency in all matters concerning the project; Coordinate communication via email, conference call, facsimile, and direct meetings to ensure Prepare and submit any necessary reports required by the funding agency during the course of the project (i.e. Monthly/Quarterly Progress Reports, Project Monitoring Reports, Project Provide OWNER specific instructions on the necessary administrative procedures that will  actions to see that those objectives are met.  the project is on schedule and all parties are properly informed;  Completion Reports, etc.); assure a successful project;  Establish and maintain record keeping systems; Assist with resolving monitoring and audit findings.  Real Property Acquisition (as applicable): The CONSULTANT will assist the OWNER in the preliminary acquisition assessment as well as the development and/or coordination of acquisition of real property (real property in the context of acquisition refers to permanent interest in real property as Adherence to the Uniform Act (URA) which guides the acquisition of real property that may lfitisdeterminedi that property needs to be acquired, CONSULTANTwil!; perform thej following Development and maintenance of appropriate file materials to ensure compliance with  well as certain less than-full- fee interests in real property). be necessary to the needs of the project; services according to the URA for an additional, fee. federal, state, and program requirements;  Administrative coordination of parcels, values, correspondence; Coordinate property appraisals and determine just compensation; Completion and/or file closure of acquired property.  Ensure easement/right of way boundaries are in line with proposed project and survey;  Environmental Services: The CONSULTANT will prepare all documents and correspondence for environmental review and clearance as well as maintain close coordination with local officials, project engineer and other members of the project CONSULTANT to assure appropriate level of environmental review is performed. This project element will abide by the National Environmental Review each project description to ascertain and/or verify the level of environmental review required: Exempt, Categorical Exclusion not Subject to 58.5, Categorical Exclusion Subject to Consult and coordinate with oversighl/regulatory agencies to facilitate environmental Prepare all responses to comments received during comment phase of the environmental review, including State/Federal Agency requiring further studies and/or comments from public Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidençe of further Assist in compliance with flood plain and wetlands management review guidelines;  Policy Act (NEPA) or any other Federal, State or local regulation as applicable.  58.5, Environmental Assessment, and Environmental Impact Statements; Prepare and maintain a written environmental review record;  clearance;  Conduct site-visits as necessary to ensure environmental compliance;  or private entities during public comment period;  58.43;  clearance or assessment is required;  4    Not included in this service are archeological, engineering, or other special service costs Civil Rights Requirements (as applicable): The CONSULTANT will structure the program sO that all procurement procedures, contracts, and polices will bei in accordance with state and federal regulations associated thereto. Ensure that the contractors make affirmative efforts to employ Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women  mandated by environmental review record compliance agencies.  Business Enterprises.  Set up Civil Rights & Citizen Participation File; Designate a Civil Rights Officer (CRO);  Adopt policies and grievance procedures regarding Citizen Participation; Adopt Policies and Pass Resolution/Proclamation/Ordinances regarding Civil Rights; Publish Citizen Participation and Civil Rights Notices; Place necessary documentation in Bid Packets for Contractors; Include required clauses in Construction Contracts between Grant Recipient and Contractor; Take action to Affirmatively Further Fair Housing; The CONSULTANT will be diligent and consistent in implementing the project's civil rights responsibilities and will undertake further action andi reporting requirements and will coordinate closely with the OWNER's Compliance Officer. ProcuremenvBidding/Contracting: Procurement is the process through which an entity obtains goods and services from vendors. The CONSULTANT will assist the OWNER in following appropriate procurement procedures to obtain professional and construction services necessary to complete the Provide assistance to ensure compliance with Local Government Code Chapter 252 as Provide assistance to ensure compliance with 2 CFR 200.320 (Methods of Procurement to be OWNER acknowledges that CONSULTANTis) providing Administrative Services only to OWNER and that CONSULTANTisI not responsible for any procurement activities) for or on behalf of the OWNER. That is, OWNER, not CONSULTANT, will advertise for and procure the services of any third party required toj fulfill Program requirements. By way of example only, OWNER, not CONSULTANT, must timely and properly post any advertisements necessary toj fulfill Program requirements and OWNER, not CONSULTANT, will enter into any required contracts with third parties necessary to fulfill Labor Standards Monitoring: The CONSULTANT will ensure that all labor standards laws and regulations are observed during the course of the project. The CONSULTANT will structure the program sO that all procurement procedures and contracts will meet equal opportunity requirements. The CONSULTANT will also ensure that the contractors make affirmative efforts to employ minority persons and minority subcontractors. Ensure compliance with laws regarding Labor Standards, which  project.  appliçable to goods and services;  Followed).  Program requirements.  include:  Davis-Bacon Act (40 USC Chapter 31, Subchapter IV); Contract Work Hours & Safety Standards Act (CWHSSA); Copeland (Anti-Kickback) Act (18 USC 874; 40 USC3145);  Fairl Labor Standards Act.  5    Force Account (as applicable): The CONSULTANT will assist the OWNER inj preparing force account documentation for the project, if necessary, and will consolidate this information for suitable  presentation to funding agency.  Develop and maintain documentation of all associated costs; Using appropriate recordkeeping forms required by funding agency; Submit documentation upon completion of necessary milestones.  Contract Close-out Assistance: The CONSULTANT will prepare any necessary reports required by the funding agency to close out the project. The CONSULTANT will work with the OWNER in preparing the annual audits and necessary actions to ensure the project reaches the Administratively Ensure projects outcomes are in line with contract documents and funding agency's goals and Develop, complete, and submit project completion report(s) and any other necessary  Closed" status.  objectives;  Ensure project beneficiaries are appropriately documented and reported;  administrative completion documents.  SECTION! III  TASKS, ADDITIONAL SERVICES AND CHARGES  The CONSULTANT, upon prior written authorization from the OWNER, shall furnish additional services, and the OWNER shall compensate the CONSULTANT the services rendered. Itis expressly understood and agreed that CONSULTANT shall not furnish any additional services without the prior written authorization of the OWNER. The OWNER shall have no obligation to pay for such additional services that have been performed without prior written authorization of the Thel Director ofl Public Works may authorize the transfer of funds between basic services and additional services, and/or the transfer of funds between tasks when necessary to continue service, provided the total funds authorized do not exceed the total amount appropriated by City Council.  OWNER as hereinabove provided.  SECTIONIV TIME FOR PERFORMANCE  The CONSULTANT shall complete thel Pre-Funding Services called fori in Section HIofthis Agreement by the CDBG-DR Program due date, and shall perform the Post-Funding Services throughout the  duration of the grant until contract close-out is achieved.  6    SECTIONV  THE CONSULTANTSCOMPENSATION  Forandi in consideration of the services rendered for Pre-Funding Services associated with Community Development Block Grant - Disaster Recovery (CDBG-DR) Program by the CONSULTANT, the OWNER shall pay to the CONSULTANT a fee not to exceed $0.00 (ZERO DOLLARS). Forand: in consideration oft the services rendered for Post-Funding Services associated with community Development Block Grant - Disaster Recovery (CDBG-DR) Program by the CONSULTANT, the OWNER shall pay to the CONSULTANT a fee not to exceed the maximum percentage on the table below for Administrative Services. Thej fee will be based onj final grant award amount. Thej fee may be  renegotiated based on the type of project being pursued.  CDBG-DR Grant Amount  Percentage Factor 8.9% 8.9% 8.2% 7.3%  Fee Not to Exceed  $250,000 $500,000 $750,000 $1,000,000  $22,250.00 $44,500.00 $61,500.00 $73,000.00  Itis agreed that upon notice of award by the Texas General Land Office (GLO) and determination of total funding amount, OWNER will seek Council approval for execution of Work Authorization to CONSULTANT for Post-Funding Services that will detail final contract amount and cost for services. Itisalsoa agreed that payments to such CONSULTANT shall bes subject to adjustment where monitoring reviews or audits by the agency indicate that personal services were compensated at greater than reasonable rates. Services that fall outside the regular. scope andlor are not part oft the proposed scope  will be billed according to the hourly rate and fee schedule defined below:  Vice President of Community Development Associate Vice President of Community Development Labor Standards Manager Community Development Project Manager Director of Community Development Senior Community Development Project Manager Community Development Project Manager II Community Development Regional Manager Manager of Community Development Training and QC Community Development Sr Project Manager  $210.00 $168.00 $154.00 $123.00 $120.00 $114.00 $102.00 $100.00 $96.00 $93.00 $88.00 $76.00 $66.00 $66.00 $62.00 $150.00 $98.00 $96.00 $83.00  Labor Standards Specialist Assistant Project Manager Community Development Assistant Project Manager Labor Standards Assistant Community Development Coordinator Vice President ofl Environmental Services Environmental Services Manager Environmental Specialist Senior Environmental Specialist  7    Senior Environ Spec- Team Lead Environ Specialist- Team Lead Environmental Coordinator Vice President of Planning Asst Director of] Planning GIS Co-Manager Planner GIS Analyst  $79.00 $72.00 $65.00 $150.00 $87.00 $84.00 $71.00 $62.00 $150.00 $125.00 $124.00 $117.00 $100.00 $90.00 $104.00 $102.00 $90.00  Vice President of Client Service Client Services Consultant Client Services Director Client Services Manager Senior Consultant Client Services Representative Income Survey Specialist Field Income Survey Assistant  Senior Community Development Beneficiary Specialist  Hourly rates for personnel not listed will be billed at direct payroll cost.  REIMBURSABLE EXPENSES  Travel (vehicle miles traveled) at allowable IRS rate per mile, or at actual out-of-pocket cost. Actual cost of long-distance telephone calls, expenses, charges, delivery charges, and postage. Actual invoiced cost of materials required for the job and used in drafting and allied activities,  Actual cost of subsistence and lodging. including printing and reproduction.  SECTION VI TIME OF PAYMENT  On or about the last day of each calendar month during the performance oft the services tol be provided under this Agreement, the CONSULTANT, shall submit to the Director of Public Works a statement sworn to by the CONSULTANT, in a form acceptable to the Director of Public Works, setting forth the percentage of the services provided for by this Agreement which were completed during such calendar month and the compensation which is due for the same plus the amounts payable under Section III (Additional Services and Charges) which have not been previously billed or paid. The CONSULTANT shall retain its records available for inspection during regular business hours by officials of the OWNER. The Director of Public Works may review the said statements, and approve them with such modifications as may be deemed appropriate, within 30 days of receipt. The OWNER shall pay each such statement as approved by the Director of Public Works within thirty (30) days after  the Director of Public Works approval oft the same.  8    SECTION VII TERMINATION  The OWNER may terminate this Agreement at any time by notice in writing to the CONSULTANT. Upon receipt of such notice, the CONSULTANT shall discontinue all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, CONSULTANT shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. Upon agreement by the OWNER and CONSULTANT of the detailed statement of services performed under this agreement to date of termination, the OWNER will then pay the CONSULTANT that proportion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account or the charges as have been previously made. Copies of all completed or partially completed designs, drawings and specifications prepared under this Agreement shall be delivered to the OWNER when and ift this Agreement is terminated.  SECTION VIII  ADDRESS OF NOTICE AND COMMUNICATION  All notices and communications under this Agreement shall be mailed by certified mail, return receipt  requested, or delivered to CONSULTANT at the following address:  GrantWorks, Inc. Attn: Bruce. J. Spitzengel 2201 Northland Drive Austin, Texas 78756  All notices and communications under this Agreement shall be mailed by certified mail, return receipt  requested, or delivered to the OWNER at the following address:  City of] Pasadena 11491 Ellsworth Drive Pasadena, Texas 77506 Attention: Director of Public Works  SECTIONIX  SUCCESSORS AND ASSIGNS  The OWNER and the CONSULTANT bind themselves and theirs successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer its or his interest in this Agreement without the prior written consent of the other. Nothing herein shall be construed, as creating any personal liability on  the part of any officer or agent of any public body that may be a party hereto.  9    SECTION. X  COMPLIANCE AND STANDARDS  The CONSULTANT agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the consulting profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and CONSULTANT's performance.  SECTION XI  OWNERSHIP OFDOCUMENTS, COPYRIGHT  The OWNER shall be the absolute and unqualified OWNER of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the CONSULTANT with the same force and effect as if the OWNER prepared the same. Copies of all complete or partially completed mylar reproducibles, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to OWNER when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The CONSULTANT may retain one (1) set of reproducible copies and the same data in electronic file and format and such copies shall be for the CONSULTANT'S sole use in preparation of studies or reports for OWNER only. The CONSULTANT is expressly prohibited from selling, licensing or otherwise marketing or donating such documents, or using such documents in the preparation of other work for any other client, without the prior express written permission of the OWNER. Reuse by the OWNER without specific written adaptation by CONSULTANT shall be without liability to the  CONSULTANT.  SECTION XII INDEMNIFICATION  THE CONSULTANT SHALL SAVE AND HOLD HARMLESS THE OWNER FROM AND AGAINST ALL CLAIMS AND LIABILITY: DUE TO ACTIVITIES OF THE CONSULTANT, ITS AGENTS OR EMPLOYEES, PERFORMED UNDER THIS CONTRACT AND WHICH RESULTE FROM. ANY NEGLIGENT ACT,] ERROR, OR OMISSIONOF1 THE CONSULTANT OR OF ANY PERSON EMPLOYED BY THE CONSULTANT. THE CONSULTANT SHALL AISOSAVEHARMIESS THE OWNER FROM. AND AGAINST ANY. AND. ALL EXPENSES, INCLUDING ATTORNEY'S FEES WHICH MIGHT BE INCURRED BY THE OWNER, IN LITIGATION OR OTHERWISE RESISTING SAID CLAIMS OR LIABILITIES WHICH MIGHT! BEI IMPOSEDONTHE: OWNER AS THE RESULTOFSUCHACTIVITIESI BY' THE  CONSULTANT,ITS. AGENTS OR EMPLOYEES.  10    SECTIONXIII MODIFICATIONS  This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by  both parties.  SECTION: XIV FORCEMAJEURE  In the event either party is rendered unable, wholly or inj part, by force majeure, to carry out any ofi its obligations under this Agreement, it is agreed that on such party's giving notice and full particulars of such force majeure in writing or by telegraph to the other party as soon as possible after the occurrence of the cause relied upon, then the obligations of the party giving such notice, to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability sO caused as to the extent provided, but for no longer period. Such The term' "force majeure", as used herein, shalli include, but not be limited to acts of God, acts of! public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, tornadoes, hurricanes, arrests and restraints of government and people, explosions, breakage or damage to machinery or equipment, and any other inabilities of either party, whether similar to those enumerated or otherwise, and not within the control of the party claiming suchi inability,  cause shall as far as possible be remedied with all reasonable dispatch.  which by the exercise of due diligence and care such party could not have avoided.  SECTION XV FEDERAL REQUIREMENTS  Remedies  Ife either party shall refuse, fail, or be unable to perform or observe any of the terms or conditions of this Agreement for any reason, then the party claiming such failure shall give the other party a written notice citing the specifics of such breach. Such notice shall include copies of any and all documented failures prior to such notice date. If, within 60 days from such notice, the failure has not been corrected, the non-breaching party may terminate this Agreement effective 30 days after  the end of such 60 day period.  Termination  The City of Pasadena ("OWNER") reserves the right to terminate the contract for default if CONSULTANT breaches any of the terms therein, including warranties of CONSULTANT orif the CONSULTANT becomes insolvent or commits acts of bankruptcy. Such right of termination isi in addition to and not in lieu of any other remedies which the OWNER may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or  11    services within the proper amount oft time, and/or toj properly perform any and all services required  to the City's satisfaction and/or to meet all other obligations and requirements.  Clean AirAct  (1) The CONSULTANT agrees to comply with all applicable standards, orders or regulations (2) The CONSULTANT 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 Harris County, the Texas General Land Office, the U.S. Department of Housing and Urban Development, and the appropriate Environmental Protection Agency Regional Office. (3) The CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole ori in part with Federal assistance provided by HUD.  issued pursuant to the Clean Air Act, as amended, 421 U.S.C. $7401 ets seq.  Federal Water Pollution Control Act  (1) The CONSULTANT 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. (2) The CONSULTANT agrees to report each violation to the OWNER, and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Harris County, the Texas General Land Office, the U.S. Department of Housing and Urban Development, and the appropriate Environmental Protection Agency Regional Office. (3) The CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole ori in part with Federal assistance provided by HUD.  Suspension and Debarment  (I) This contract is a covered transaction for purposes of2C.F.R. pt. 180and2C.F.R. pt. 3000.As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2C.F.R.S 180.995), or its affiliates (defined at 2C.F.R. $ 180.905) are excluded (defined (2) The CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart Ca and must include a requirement to comply with these regulations in any lower tier covered (3) This certification is a material representation of fact relied upon by the OWNER. Ifiti is later determined that the CONSULTANT did not comply with 2C.F.R. pt. 180, subpart C and 20 C.F.R. pt. 3000, subpart C, ina addition to remedies available tol Harris County and the OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or (4) The CONSULTANT agrees to comply with the requirements of2C.F.R. pt. 180, subpart Ca and 2C.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 CONSULTANT further agrees to include aj provision requiring such  at2C.F.R. $ 180.940) or disqualified (defined at 2C.F.R. $ 180.935).  transaction it enters into.  debarment.  compliance in its lower tier covered transactions. Executive Order 11246: Equal Employment Opportunity  a. The CONSULTANT agrees to comply with Executive Order 11246 and agrees as  follows:  12    - The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination ii. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf oft the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, ii. The CONSULTANT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONSULTANTS commitments under Section 202 of1 The provisions of Executive Order 11246of Sept. 24, 1965, appear at 301 FR 12319, 12935, 3 CFR, 1964 - 1965 Comp., P.  clause.  religion, sex or national origin.  339, unless otherwise noted.  Sections 103 and 107 of the Contract Work Hours and Safety Standards Act  The CONSULTANT agrees to comply with the regulations set forth in Sections 103 and 107 of the Contract Work Hours and Safety Standards AcOUSC.3701-3708, 29 CFR 5.8(a) and 29 CFR5.5  (b)(2)).  Byrd Anti-Lobbying Amendment, 31US.C. 1352 (as amended)  CONSULTANTS 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, an 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.44C.F.R. PART 18- CERTIFICATION REGARDINGIOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned CONSULTANT certifies, to the best of his or her knowledge, that:  1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person forinfluencing or attempting to influence. an officer or employee of an agency, al Member of Congress, an officer or employee of Congress, or an employee ofal 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,  13    or cooperative agreement.  2. Ifany 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 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. $ 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to acivil penalty oft not less than $10,000 and not more than $100,000 for cach such failure. TheC CosWTANIGmcass certifies ora affirms the truthfulness and accuracy ofe each statement of its certification and disclosure, if any. In addition, the CONSULTANT understands and agrees that the provisions of31U.S.C. 8 3801e elseq., apply to this certifiçation and disclosure,  withi its instructions.  accordingly.  ifany.  Signature of CONSULTANT's Authorized Official 765- Name and' Title OfCONSULTANT's Authorized Official  Bruce Spitzengel Date:,  07/28/2022  Access to Records  (I) The CONSULTANT agrees to provide Harris County, the Texas General Land Office, the U.S. Department of Housing and Urban Development, the OWNER, the HUD Administrator, the Comptroller General of the United States, or any of their authorized representatives, access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the HUD Administrator or his authorized representative's access to construction or other work sites pertaining to the work being completed  under the contract.  14    Seal, Logo, and Flags. approval in writing.  The CONSULTANT shall not use any Federal, State, orl Local government agency seal(s), logos, crests, or reproductions of flags or likenesses of agency officials without expressed, specific agency pre-  Compliance with Federal Law, Regulations, and Executive Orders.  Thisi is an acknowledgement that HUD financial assistance will be used to fund the contract only. The CONSULTANT will comply will all applicable federal law, regulations, executive orders, HUD  policies, procedures, and directives. No Obligation by Federal Government.  The Federal Government is not aj party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from  the contract.  Program Fraud and False or Fraudulent Statements or Related Acts.  The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT'S actions pertaining to this contract. Small and Minority Businesses/Women'sl Business Enterprise/Labor Surplus Firms (200.321) Consultant agrees to take the affirmative steps to assure that minority businesses, women's business enterprises and labor surplus area firms are used when possible when subconsultants are needed. The  affirmative steps to be used include but are not limited to:  i. Placing qualified small and minority businesses and women's business ii. Assuring that small and minority businesses, and women's business enterprises ili. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women'sbusiness: V. Using the services and assistance, as appropriate, of such organizations as the Sma!l Business Administration and thel Minority Business Development Agency  enterprises on solicitation lists;  are solicited whenever they are potential sources; and women's business enterprises;  enterprises; and  of the Department of Commerce.  15    SECTIONXVI ENTIRE AGREEMENT  Pursuant to the requirements of House Bill 1295, 85th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate of Interested Parties, if This instrument consists of pages I to 16 inclusive and constitutes the entire Agreement between the OWNER and CONSULTANT and supersedes all prior written or oral understandings. IN TESTIMONY OF WHICH, this instrument has been executed by the CONSULTANT on this the 29'day of Suiy, 2022, and has been executed on bebalf of the OYNER by its Mayor and attested by its City Secretary under its City seal, this day of ule countersigned by the City Controller, in two (2) copies, each of which shall be an original, all of equal  applicable.  2022, and  force and effect. CONSULTANT GRANTWORKS,INC.  Bepe J.Spitzengel, President  Bruce By: OWNER  Zh  By: Cecelia Johnson, Sr Vice President  CITY OF PASADENA, TEXAS  Muell M HEj Secretary  A JetA. Wagner, Mayor  AN Approved as to form Jay Me  Attorey  Giho  16    Me  AGENDA REQUEST  ORDINANCE  RESOLUTION  QE  NO: 2024-  CAPTION: An ordinance on behalf of the Pasadena Police Department to approve the continuation of the "Police Officer Hiring Incentive". This program will be administered by the Chief of Police of the Pasadena Police Department to assist in hiring and retention of highly qualified police cadets to attend the Pasadena Police Department's Police Academy. This ordinance would approve the payment of a $10,000 hiring/sign-on bonus to qualified police cadets who are hired into the City's Police Department,  to be effective January 1, 2025 until December 31, 2026.  RECOMMENDATIONS & JUSTIFICATION: The recruiting of police officers and police cadets is a challenge for law enforcement agencies nationwide. This ordinance will continue to help address the problem. This will be a continuation of the Pasadena Police Hiring Incentive, which expires  December 31, 2024.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED: K  COUNCIL DISTRICT(S) AFFECTED:  -  REQUIRES APPROPRIATION: D See attached Certification  COUNCIL ACTION  Chief of Police  AMwut Jerry Wright, REQUESTING PARTY (TYPED) DATE: 10:22-24 ShyuOonak BUDGET DEPARTMENT  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED: a  DATE DEFERRED:  DATE  OAwrw  MAYOR    CITY OF PASADENA CERTIFICATION OF FUNDS  DATE:  10/21/2024  AMOUNT: $260,000 DEPARTMENT NO: 13444  ACCOUNT NO. 700108 (Sign on Bonus)  TASK NO. CIPNO.  PROJECT DESCRIPTION: Extra funds budgeted in anticipation of Sign on Bonus, funds  already in regular wages. Moving to new agreed upon contract.  Icertify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Pasadena to the credit of the above fund from which it is proposed to be drawn, and such money  is not appropriated for any other purpose.  Robert Chambers City Controller    ORDINANCE NO.  An Ordinance on behalf of the Pasadena Police Department to approve the continuation of the "Police Officer Hiring Incentive". The program will be administered by the Chief of Police of the Pasadena Police Department to assist in hiring and retention of highly qualified police cadets to attend the Pasadena Police Department's Police Academy. This ordinance would approve the payment of a $10,000 hiring sign-on bonus to qualified police cadets who are hired into the City's Police Department, to be effective January 1,  2025 until December 31, 2026.  WHEREAS, the City of Pasadena Police Department  protects and serves the interest of the City of Pasadena;  and  WHEREAS, the recruiting of police officers and  police cadets is a challenge for law enforcement agencies  nationwide; and  WHEREAS, this ordinance will continue to help  address the problem; and  WHEREAS, this will be a continuation of the Pasadena  Police Hiring Incentive, which expires December 31, 2024 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE  CITY OF PASADENA, TEXAS:  Section 1. That the foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings  of fact.  Section 2. That the City of Pasadena Police Department's Police Officer Hiring Incentive Agreement, attached hereto    as Exhibit "A" is hereby adopted.  Section 3. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the  contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS    "EXHIBIT A"  CITY OF PASADENA POLICE DEPARTMENT POLICE OFFICER HIRING INCENTIVE AGREEMENT  Parties  I. The parties to this Police Officer Hiring Incentive Agreement (the "Agreement") are the  City of Pasadena (the City")and  ("Employce").  Purpose  2. The City desires to increase the number and quality of Pasadena Police Department police  cadets to ultimately serve as Pasadena Policc Department Officers.  Qualifications  3.  The City is agreeing to pay a gross hiring incentive in the amount of ten thousand dollars (S10,000.00) to newly hired police cadets, as described above. who agree to the other terms and  conditions of this Agreement.  Under no circumstances shall an Employee be eligible to receive any pay under the Police Officer Hiring Incentive Program while simultaneously recciving preference pay under Resolution  No. 2019-014.  Linder no circumsuances shall an Employee be able to receive any pay under the Police Officer Hiring Incentive Program if/she was employed by the City of Pasadena as a police cadet.  probationary police officer, or police officer as of September 26, 2022.  Under no circumstances shall an Employcc assigned to the City Marshal's Office, the Fire Marshal's Office, nor any other department other than the Pasadena Police Department reçeive  any Police Officer Hiring Incentive Program pay.  Payment and Consideration  4.  Employce will be paid a gross total sum of ten thousand dollars ($10,000.00), less all required taxes, withholding, etc., as a hiring bonus incentive. The first gross payment in the amount of five-thousand dollars ($5,00.00), less all required taxes, withholding, etc., will be processed in the Employee's first regular, full two-weck payroll cycle following the submission of  this completed agreement.  Thc remaining gross five-thousand dollars ($5,000.00), less all required taxes, withholding, etc., will be paid in the Employce's two-weck payroll cycle immediately preceding 18 months, beginning on that person's datc of employment as a police cadet, or one year beginning on the person's date of employment as a police cadet or police officer for a person who is not required to attend a basic police academy for initial certification by the Texas Commission on Law    Enforcement. These payments are being made as an inducement to Employee accepting appointment to the position of Police Cadet with the City of Pasadena Police Department and  fulfilling the requirements and obligations oft this Agreement. provided by law and in accordance with City policies and practices.  These payments are subject to all applicable taxes, withholdings, and deductions as  Miscellaneous  5. This agreement is a hiring incentive (signing bonus) and not an employment contract. Employment with the City of Pasadena is At-Will unless otherwise governed by Chapter 143 of the Texas Local Government Code and the City of Pasadena Police Officers' Civil Service 6. This document contains the entire agreement between the partics relating to its subject. No officer or employee of the City is authorized to modify this agreement or waive any performance  Commission Rules.  hercunder.  Executed in duplicate originals this day of  202  By:  Police Chief  Employee  (06- -15-2022    AGENDA REQUEST  p  ORDINANCE  RESOLUTION  OF NO: 2024-  CAPTION: An ordinance authorizing Police Service Officers with the Pasadena Police Department to receive pay for TCOLE certification in the amounts of $50 for Intermediate Telecommunicator Proficiency Certification, $100 for Advanced Telecommunicator Proficiency Certification, and $150 for Master Telecommunicator Proficiency Certification. Refer to exhibit "A" for  requirements.  RECOMMENDATIONS & JUSTIFICATION: The ordinance will provide compensation to police service officers who have obtained one of the certifications above. The recruiting of police service officers is a challenge to law enforcement agencies nationwide and this ordinance will continue to help  address these challenges.  (IF ADDITIONAL SPACB IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED: K  COUNCIL DISTRICT(S) AFFECTED:  CST.  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  4MDugwr  Jerry Wright, Chief of Police REQUESTING PARTY (TYPED) DATE: 10:15-24 SwylOorek BUDGET DEPARTMENT  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED:   DATE DEFERRED:  DATE  SEAwy  MAYOR    CITY OF PASADENA CERTIFICATION OF FUNDS  DATE:  10/21/2024  AMOUNT: $22,800 DEPARTMENT NO: 13520 ACCOUNT NO. 7023 TASKI NO. CIPNO.  PROJECT DESCRIPTION: Extra funds budgeted for TCOLE certification pay for PSOs  Icertify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Pasadena to the credit of the above fund from which it is proposed to be drawn, and such money  is not appropriated for any other purpose.  Robert Chambers City Controller    ORDINANCE NO.  An Ordinance authorizing Police Service Officers with the Pasadena Police Department to receive pay for TCOLE certification in the amounts of $50 for Intermediate Telecommunicator Proticiency Certification, $100 for Advanced Telecommunicator Proficiency Certification, and $150 for Master Telecommunicator Proficiency Certification.  Refer to exhibit "A" for requirements.  WHEREAS, this ordinance will provide compensation to  police service officers who have obtained one of the  certirications above; and  WHEREAS, the recruiting of police service officers  is a challenge to law entorcement agencies nationwide and this ordinance will continue to help address these challenges; NOW, THEREFORE, BE IT ORDAINED BY THE CITY  COUNCIL OF THE CITY OF PASADENA, TEXAS:  SECTION 1. That the City Council hereby finds and adopts the preamble Section 2. That the City of Pasadena Police Department's Police Service Officer pay for TCOLE certification in the amounts of $50 for Intermediate Telecommunicator Proficiency  to this Ordinance.  Certification, Proticlency  $100 Certification,  for  Advanced and  Telecommunicator for  $150  Master  relecommunicator Proficiency Certification . attached hereto  as Exhibit "A" is hereby adopted.  Section 3. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject    of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the  contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS    RULES FOR TCOLE PROFICIENCY CERTIFICATE LAVELCOMPENSATION FORI PSOs Thel PSO Certificate Pay program is af form of compensation as authorized by the City Council. Iti is designed to incentivize Police Service Officers to continue development in the knowledge and skills relevant to performing their duties by completing the proficiency requirements set forth by Texas Commission on Law Enforcement (TCOLE),  the regulatory agency for licensing Telecommunicators. Basic Telecommunicator Proficiency Certificate ($0 monthly)  You must hold an Intermediate Telecommunicator Proficiency Certificate ($23.08 bi-weekly) You must hold an Advanced Telecommunicator Proficiency Certificate ($46.15 bi-weekly) You must hold a Master Telecommunicator Proficiency Certificate ($69.23bi-weekly  Payroll Effective Date: 12-23-24  Pay shall be made based on the highest certificate awarded but not fora ac combination of PSO proficiency certificates will be maintained int the Chief's office. There is no retroactive pay for certificate pay before the approval of the request.  certificates  EXHIBIT "A"    PROPOSED POLICY C2.10  PSO PROFICIENCY CERTIFICATE PAY PROGRAM  The PSO Certificate Pay program is ai form of compensation authorized by the City Council. Iti is designed to incentivize Police Service Officers to continue developing the knowledge and skills relevant top performing their duties by completing the proficiency requirements set forth by the Texas Commission on Law Enforcement (TCOLE), the regulatory agency for licensing Telecommunicators. Pay shall be made based on the highest certificate awarded but not for a combination of certificates  int thei following amounts:  a) Basic Telecommunicator Proficiency Certificate ($0 - monthly) b) Intermediate Telecommunicator Proficiency Certificate ($50 monthly) Certification Payi in the amount of $23.08 per bi-weekly pay period shall be paid for the successful completion of education, training, and experience requirements resultingi in the attainment of an intermediate certification issued by the Texas Commission on Law c) Advanced' elecommunicator Proficiency Certificate ($100monthly)  Enforcement.  Certification Pay in the amount of $46.15 per bi-weekly pay period shall be paid for the successful completion of education, training, and experience requirements resulting in the attainment of an advanced certification issued by the Texas Commission on Law Enforcement. Certification Pay in the amount of $69.23 per bi-weekly pay period shall be paid for the successful completion of education, training, and experience requirements resulting in the attainment of a master certification issued by the Texas Commission on Law Enforcement.  d) Master Telecommunicator Proficiency Certificate ($150 monthly)    AGENDA REQUEST  Pi  ORDINANCE  RESOLUTION  NO:  26  2024-  CAPTION: An ordinance authorizing Education Pay for Pasadena Police Officers in the amount of $50 for Associate's Degree, $100 for Bachelor's Degree, and $150 for Post-craduate degree. See exhibit A for requirements. RECOMMENDATIONS & VUSTIFICATION: The ordinance will provide compensation to police officers who have obtained a college degree. The recruiting of police officers and police cadets is a challenge law enforcement agencies nationwide face and this ordinance will continue to help address these challenges. The ordinance will also enhance retention of existing sworn  personnel.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED: A  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  E  AmDgit Jerry Wright, Chief of Police REQUESTING PARTY (TYPED), DATE: 10:22-24 BUDGET DEPARTMENT SOmit  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED: ywlb CITt ATTORNEY MAYOR-  DATE DEFERRED:  DATE  OEAww    ORDINANCE NO.  An Ordinance authorizing Education Pay for Pasadena Police Officers in the mount of $50 for Associate's Degree, $100 for Bachelor's Degree, and $150 for Post-Graduate degree.  See exhibit "A" for requirements.  WHEREAS, this ordinance will provide compensation to  police officers who have obtained a college degree; and  WHEREAS, the recruiting of police officers and police  cadets is a challenge law enforcement agencies nationwide face and this ordinance will continue to help address these  challenges; and  WHEREAS, the ordinance will also enhance retention  of existing Sworn personnel; NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA,  TEXAS:  SECTION 1. That the City Council hereby finds and adopts the preamble Section 2. That the City of Pasadena Police Department's Education Pay for Pasadena Police Officers in the mount of $50 for Associate's Degree, $100 for Bachelor's Degree, and $150 for Post-Graduate degree, attached hereto as Exhibit  to this Ordinance.  "A" is hereby adopted.  Section 3. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the    time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the  contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS    Exhibit A  Education Incentive Pay  The Education Incentive Pay program shall reward full-time sworn employees for obtaining an Education pay shall only be paid for college degrees from an accredited college or universitya as determined by the U.S. Department of Education, which will be determined using their Database of Accredited Postsecondary Institutions and Programs ope.ed.gov/dapp) or successor  eligible college degree.  websites.  Below are the degree levels qualified to receive incentive pay:  a) Associate's Degree: $23.08 bi-weekly b) Bachelor's Degree: $46.15bi-weekly c) Post-graduate Degree: $69.23 bi-weekly  Payroll Effective Date: 12-23-24 There is no retroactive pay prior to approval Education Incentive Pay shall be limited to one degree.  Education Incentive Pay shall bei in addition to the maximum TCOLE certification pay. Tol be eligible for Education Incentive Pay, the employee must provide a copy of the official transcripts to the office of the Chief of Police with the attached form. The transcripts must indicate the awarding of the degree. Acopy of the degree displaying the official seal must also be attached. The attachments will be routed to Human Resources and an Employee Change (ESC)  form will be completed by the chief's office.    AGENDA REQUEST  ORDINANCE  RESOLUTION  NO: 2024-  MSt  H  CAPTION: AMEND ORDINANCE 2022-082, CONTRACT WITH BINKLEY & BARFIELD, INC. FOR DESIGN SERVICES FOR MULTIPLE PAVING & DRAINAGE PROJECTS (CIP #S130, #S131, #S132, #S135), BY REALLOCATING FUNDS AMONG THE PROJECTS.  RECOMMENDATIONS & JUSTIFICATION: THE ENGINEERING DEPARTMENT HAS DETERMINED THAT THE TWO SHAVER STREET PROJECTS WILL REQUIRE MORE CONSTRUCTION PHASE SERVICES THAN INITIALLY ANTICIPATED. REMAINING FUNDS FROM THE OTHER TWO  PROJECTS WILL BE REALLOCATED TO COVER THESE SERVICES.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) COUNCIL DISTRICT(S) AFFECTED: B,C,D,E,E,G  BUDGETED:  REQUIRES APPROPRIATION: K See attached Certification  COUNCIL ACTION  IM  Robin S. Green, Jr. DATE:10/21/2024 REQUESTING PARTY (TYPED) SuDonek BUDGET DEPARTMENT  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED: CITY MAYOR  DATE DEFERRED:  DATE  e  OEfawr    CITY OF PASADENA CERTIFICATION OF FUNDS  DATE: October21,2024  AMOUNT: $4,345,000.00 DEPARTMENT NO: 14100 ACCOUNTNO.  Current: 22BS130-790791 ($1,065,000.00), 22BS131-790791 61.1500000,2B51D2 Revised: 22BS130-790791 ($370,290.00), 22BS131-790791 $1,639,845.00.22B5132-790791  790791 $1,374,000.00), 22BS135-79079105756,000.00) 612229500,2285157909161.123000  TASKNO.  CFNOSI3DI3DAS  PROJECT DESCRIPTION: Amend award of designservices fo multiple paving & drainage improvements projects to Binkley & Barfield, Inc. by reallocating funding for design services  from S130 & S132i into S131&S135.  Current: 22BS131-790791 22BS135-790791 22BS130-790791 22BS132-790791  Revised:  $1,150.000.00 increase by $489.845.00 from 22BS130-790791-3 $328.140.00 756,000.00incrcase by $366.570.00 from 22BS130-790791  and 22BS132-790791 1- $161.705.00  $1.065,000.00 decrease by $694.710.00 $1,374.000.00 decrease by $161,705.00 4,345.,000.00(Total ContractAmount)  Icertify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Pasadena to the credit of the above fund from which it is proposed to be drawn, and such money  is not appropriated for any other purpose.  222002 Robert Chambers Interim City Controller    CITY OFI PASADENA AMENDMENTTOCIP  DATE: October 21, 2024  DEPARTMENT NO: 14100 CFNO:SDASDISI2SIS  Project Name: Red Bluff Rdl PhI, Shaver St Phl II, Preston Ave, Shaver St Phl III Amendment to 2024-2 -2028 CIP(Ord #2 2024-002) as follows:  Adopted Book  Proposed Change  New Project Project Name/Description Addition to Current Project Changes in Funding Source Changes inl Funding' Year JOver Budget X_Reallocation  1,065,000.00 1,150,000.00 1,374,000.00 756,000.00 4,345,000.00  $  370,290.00 S130 Red Bluff Rd Phl- Design 1,639,845.00 S131 Shaver St Phl II-I Design 1,212,295.00 SI32 Preston Ave Design 1,122,570.00 SI35 Shaver St Phl III- Design 4,345,000.00 Total for Ord 2022-082  usuficationDescrption: Shaver St Ph III construcion has been awarded and design for Shaver St Ph Ili is nearing completion. Construction costs for both have increased and staff has determined that they will require more construction phase services than initially anticipated. The remaining funds from Preston Ave and Red Bluff Rd will be reallocated to cover these costs. Contract value will not  change.  SuDoa Sherry Womàck Budget & Financial Planning Director    ORDINANCE NO. 2024-  An Ordinance amending Ordinance No 2022-082, which authorized a contract with Binkley & Barfield, Inc. for design services for multiple paving & drainage projects (CIP #S110, $131, $132, #S135)  by reallocating funds among the projects.  WHEREAS, the Engineering Department has determined that  the two Shaver Street projects will require more construction phase  services that initially anticipated; and  WHEREAS, remaining funds from the other two projects will  be reallocated to cover these services; and  WHEREAS, the City Controller by the attached certificate  of funds has certified to the City Council that money required for this expenditure is in the City treasury and is budgeted or will be appropriated after approval of this Ordinance for this purpose;  NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby finds and adopts the  preamble to this Ordinance.  SECTION 2. That amending Ordinance No 2022-082, which authorized contract with Binkley & Barfield, Inc. for design services for multiple paving & drainage projects (CIP #S110, S131, $132, #S135) as shown on the attached Exhibit "A", is hereby authorized and  approved.  SECTION 2. That the City Council finds that such increase is reasonable and necessaryi and the Mayor and the City Controller are hereby authorized to draw warrant, check or voucher in said amount  Amendord24-069.Designserv.MultPaving.BinkleyeBarfield24    or so much thereof as may be necessary to pay and discharge the legal obligation of the City of Pasadena, Texas chargeable thereto. SECTION 3. That the Mayor of the City of Pasadena, Texas is hereby authorized and directed to execute and the City Secretary to attest for and on behalf of the City the annexed contract document and  counterparts thereot.  SECTION 4. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate  of Interested Parties, if applicable.  SECTION 5. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  Amendord24-069.Designserv.ultPaving.Binkley:Barfield24    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A. D., 2024.  day of  A. D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A. D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Amendord24-069.Designserv.MultPaving.Binkley:Barfield24    AGREEMENT FOR ROPFSSIONALSERVICES  THE STATE OFT TEXAS COUNTY OF HARRIS  THIS AGREEMENT made, entered into and executed by and between the City of Pasadena, Texas, a Home Rule Municipal Corporation situated in Harris County, Texas and under the laws of the State of Texas, hereinafter called "OWNER" and Binkley & Barfield, Inc., hereinafter called CONSULTANT". WITNESSETH, that OWNER intends to plan, develop and make certain improvements generally  described as:  S130 - Red Bluff Road Phase I S131 - Shaver Street Phase II S132 - Preston Avenue Reconstruction S135 - Shaver Street Phase III In the City of Pasadena, Texas  WITNESSETH, that this Agreement deals with providing professional services related to design, coordination, utility approvals, bidding, and construction phase services for multiple paving and  drainage improvement projects in the City of Pasadena, Texas described as follows.  PHASE "A"- PRELIMINARY DESIGN PHASE: PHASE "B"- - FINAL DESIGN PHASE: construction of the project(s) being developed. PHASE "C"-E BIDDING OR NEGOTIATING PHASE: contract for the project(s) being developed. PHASE "D"- -C CONSTRUCTION PHASE:  Prepare preliminary engineering studies directly related to, and part of, the design being developed. Prepare construction plans, special specifications, final designs and supporting documents necessary for  Provide assistance in obtaining and evaluating bids and/or negotiating the award of a construction  As directed by the OWNER provide assistance as appropriate to the various stages of construction in order to observe and report the progress and quality of the various aspects of construction. WHEREAS, the OWNER desires that the CONSULTANT perform certain professional services in WHEREAS, the CONSULTANT represents that it is qualified and desires to perform such services;  connection with the Project(s); and  EXHIBIT "A"    NOW, THEREFORE, the OWNER and the CONSULTANT, in consideration of the mutual COv snants  and agreements herein contained, do mutually agree as follows:  SECTIONI SCOPE OF AGREEMENT  The CONSULTANT agrees to perform professional services in connection with the Project(s) as stated in the sections to follow, and for having rendered such services; the OWNER agrees to pay to the  CONSULTANT compensation as stated in the sections to follow.  SECTIONI II  CHARACTER AND EXTENT OF SERVICES  The CONSULTANT shall render the following professional services in connection with the Projeci(s): Upon this Agreement becoming effective and upon written authorization from OWNER,  CONSULTANT shall provide the following services which include:  A. PRELIMINARY DESIGN PHASE  a. Prepare and deliver to the OWNER a schedule for the design of the Project(s).  b. Attend preliminary conferences with the OWNER and regulatory agencies as required to Prepare preliminary engineering studies directly related to, and part of, the design peing considered. CONSULTANT shall prepare said preliminary engineering studies in ace 0 ance with requirements as set forth in the guidelines provided by the City of Pasadena Engi ceering d. Prepare and submit to OWNER four (4) hard copies (or the number of copies requested) and a MS Word electronic copy of the Preliminary Engineering Report, in accordance with the  establish the design parameters for the Project(s).  Department.  guidelines outlined by City of Pasadena Engineering Department. e. Prepare an estimate of cost of proposed construction at 90% and 100% design.  B. FINAL DESIGN PHASE  After acceptance by OWNER of the Preliminary Design Phase documents and upon written a) Acquire all existing plans, data, and information from the OWNER and others as needed for the  authorization from OWNER, CONSULTANT shall:  completion of the project.  2    b) Perform topographic survey of roadways and adjacent areas as required for design and pi anning. Coordinate with registered surveyor, for the acquisition of topographic information wihin the project area. Surveyor shall provide utility and topographic information which will pertain to the Provide a geotechnical investigation to determine the existing pavement conditions and for recommendation. of construction of new roadways. Coordinate with geotechnical engineer once the location and details for the utilities are determined to acquire geotechnical information within the project area and provide recommendations for utility and pavement construction. d) Provide the general locations, as provided to CONSULTANT, by private utility companies, regarding existing private utilities, pipelines, etc. within the project area. The construction contractor is ultimately responsible for determining the exact location and depths of all existing  design and construction oft the project.  utilities in the areas proposed for construction.  e) Provide ADA accessibility review, inspection and certification for proposed design.  Provide contract documents, plans and specifications including City of Pasadena andard specifications and supplemental specifications as necessary for bidding construction package.  Plans to include the following:  Cover Sheet  Legend and Construction Notes Existing Typical Cross Sections Proposed Typical Cross Sections Topographic Surveys Demolition Plans Drainage Calculations Plan and Profiles Traffic Control Plan Driveway Details COP Standard Detail Sheet Project Sign Detail Sheet  Stormwater Pollution Prevention Plans and details  g) Obtain plan approvals from OWNER, and Utility Companies.  h) A final cost estimate will be prepared for the plans at the completion of the "Final Design  Phase". The estimate will be based on pricing from recent projects.  C.BIDDING or NEGOTIATING PHASE OWNER, CONSULTANT shall:  After acceptance by OWNER of the Final Design Phase documents and upon written authorization from  a) Assist the OWNER in the Bid Advertisement for the Project.  3    b) Conduct a Pre-bid Conference and issue addenda to Bid Documents if necessary, Assist the OWNER in the opening of the bids and provide a Bid' Tabulation for the City's review. C) Assist in the tabulation and analysis of bids and furnish recommendations on the award of the  construction contract.  D. CONSTRUCTION PHASE  After award by OWNER of the construction contract and upon written authorization from OWNER, a) Attend and assist the OWNER in pre-construction conferences. Attend bi-weekly ad other b) Make periodic visits, as distinguished from the continuous services of a Resident Project Representative, in order to become familiar generally with the progress and quality of work, and tod determine ift the work is proceeding in accordance with the contract documents. After each visit of project meeting, the CONSULTANT shall prepare and distribute minules and av written report of his observations of the progress and quality of work performed pursu: 1 to the c) Consult with and advise the OWNER during construction. Within three (3) working days of the request, the CONSULTANT will issue all instructions, requests for information, aud non- d) Review shop, laboratory and mill tests of material and equipment and promptly repors L the Review and submit comments on all project schedules as submitted by the Contractor. Participate with the OWNER's representatives in a substantial completion and/or final inspection of the Project. The CONSULTANT must conduct inspections to determine the dates of g) Correct errors and omissions in the drawings and specifications as requested by the OWNER, at  CONSULTANT shall:  project meetings as requested by the OWNER.  contract documents.  conformance reports as requested by the OWNER.  OWNER any deficiencies noted.  substantial and final completion. no additional charge. h) Prepare as-built drawings.    SECTIONIII  TIME FOR PERFORMANCE  The CONSULTANT shall complete the services called for in Section II of this Agreement in accordance  with the following:  Phase "A"- Design Phase  300 calendar days following Notice to  Proceed from Owner.  Phase "B"- Bidding and Negotiating Phase Complete within 60 calendar days  following OWNERS instructions to proceed with Bidding Phase. For a period of construction time stated in the Construction Documents.  Phase "C"- Construction Phase  This schedule was prepared to include reasonable allowances for review and approval times required by the OWNER and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project required by the  OWNER or for delays or other causes beyond the control of CONSULTANT.  SECTIONIV  THE CONSULTANT'S COMPENSATION  Iti is expressly understood and agreed that the CONSULTANT shall proceed to furnish the engineering services required herein upon execution of this agreement by all parties. Additional services will not proceed without the expressed written authorization by the OWNER or its representative. For engineering services rendered by the CONSULTANT for the services defined in Section II, Character and Extent of Services, OWNER shall pay a not to exceed reimbursable amount of  $4,345,000.00 broken down as follows:  S130- -1 RED BLUFF ROAD PHASEI  AMOUNT $300,000.00 $70,290.00 $0.00 $0.00 $0.00 $370,290.00  A. Preliminary Design Phase B. Final Design Phase C. Bid Phase D. Construction Phase OWNER)  Additional/Special Services (As authorized by  TOTAL  5    S131 -SHAVER STREET PHASEII  AMOUNT $295,000.00 $959,845.00 $15,000.00 $370,000.00 $0.00  A. Preliminary Design Phase B. Final Design Phase C. Bid Phase D. Construction Phase OWNER)  Additional/Special Services (As authorized by  TOTAL $1,639,845.00  S132-1 PRESTON. AVENUE RECONSTRUCTION AMOUNT  A. Preliminary Design Phase B. Final Design Phase C. Bid Phase D. Construction Phase OWNER)  $379,910.00 $417,445.00 $9,675.00 $410,000.00 $1,265.00 AMOUNT $200,000.00 $378,950.00 $3,620.00 $540,000.00 $0.00  Additional/Special Services (As authorized by  TOTAL $1,212,295.00  S135-SHAVER STREET PHASE III  A. Preliminary Design Phase B. Final Design Phase C. Bid Phase D. Construction Phase OWNER)  Additional/Special Services (As authorized by  TOTAL $1,122,570.00  SECTIONV TIME OF PAYMENT  On or about the last day of each calendar month during the performance of the services to be provided under this Agreement, the CONSULTANT, shall submit to the Director of Public Works a statement sworn to by the CONSULTANT, in a form acceptable to the Director of Public Works, setting forth the services provided for by this Agreement which were completed during such calendar month and the compensation which is due for the same plus the amounts payable under Section III (Additional Services and Charges) which have not been previously billed or paid. The CONSULTANT shall retain its records available for inspection during regular business hours by officials of the OWNER. The Director of Public Works may review the said statements, and approve them with such modifications as may be deemed appropriate, within 30 days of receipt. The OWNER shall pay each such statement as approved by the Director of Public Works within thirty (30) days after the Director of Public Works approval of  the same.    SECTION VI TERMINATION  The OWNER may terminate this Agreement at any time by notice in writing to the CONSULTANT. Upon receipt of such notice, the CONSULTANT shall discontinue all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, CONSULTANT shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. Upon agreement by the OWNER and CONSULTANT of the detailed statement of services performed under this agreement to date of termination, the OWNER will then pay the CONSULTANT that proportion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account or the charges as have been previously made. Copies of all completed or partially completed designs, drawings and specifications prepared under this Agreement shall be delivered to the OWNER when and ifthis Agreement is terminated.  SECTION VII  ADDRESS OF NOTICE AND COMMUNICATION  All notices and communications under this Agreement shall be mailed by certified mail, return receipt  requested, or delivered to CONSULTANT at the following address:  Binkley & Barfield, Inc. Attn: Steve Albert, PE, CFM 1710 Seamist Drive Houston, Texas 77008  All notices and communications under this Agreement shall be mailed by certified mail, return receipt  requested, or delivered to the OWNER at the following address:  City of Pasadena City Hall 1149 Ellsworth Drive Pasadena, Texas 77506 Attention: Director of Public Works  7    SECTION VIII SUCCESSORS AND ASSIGNS  The OWNER and the CONSULTANT bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer its or his interest in this Agreement without tnc prior written consent of the other. Nothing herein shall be construed, as creating any personal liability on the  part of any officer or agent of any public body that may be aj party hereto.  SECTIONI IX  COMPLIANCE ANDSTANDARDS  The CONSULTANT agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the consulting profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and CONSULTANT'S performance.  SECTION X  OWNERSHIP OF DOCUMENTS, COPYRIGHT  The OWNER shall be the absolute and unqualified OWNER of all drawings, preliminary layouts, iecord drawings, sketches, reports and other documents prepared pursuant to this Agreement by the CONSULTANT with the same force and effect as if the OWNER prepared the same. Copies of all complete or partially completed record drawings, sketches, reports and other documents prepared pursuant to this Agreement shall be delivered to OWNER when and if this Agreement is termi ated or upon completion of this Agreement, whichever occurs first. The CONSULTANT may retain 06 (1) set of reproducible copies and the same data in electronic file and format and such copies shall be! for the CONSULTANT's sole use in preparation of studies or reports for OWNER only. The CONSULTANT is expressly prohibited from selling, licensing or otherwise marketing or donating such documents, or using such documents in the preparation of other work for any other client, without the prior express written permission of the OWNER. Reuse by the OWNER without specific written adaptation by  CONSULTANT shall be without liability to the CONSULTANT.  SECTION XI INDEMNIFICATION  THE CONSULTANT SHALL SAVE AND HOLD HARMLESS THE OWNER FROM AND AGAINST ALL CLAIMS AND LIABILITY DUE TO ACTIVITIES OF THE CONSULIANT, ITS AGENTS OR EMPLOYEES, PERFORMED UNDER THIS CONTRACT AND WHICH  S    RESULT FROM ANY NEGLIGENT ACT, ERROR, OR OMISSION OF THE CONSUI.ANT OR OF ANY PERSON EMPLOYED BY THE CONSULTANT. THE CONSULTANT SHALL ALSO SAVE HARMLESS THE OWNER FROM AND AGAINST ANY AND ALL EXPLNSES, INCLUDING ATTORNEY'S FEES WHICH MIGHT BE INCURRED BY THE OWNER, IN LITIGATION OR OTHERWISE RESISTING SAID CLAIMS OR LIABILITIES W HICH MIGHT BE IMPOSED ON THE OWNER AS THE RESULT OF SUCH ACTIVITIES BX THE  CONSULTANT, ,ITS AGENTS OR EMPLOYEES.  SECTION XII MODIFICATIONS  This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by both  parties.  SECTION XIII FORCE MAJEURE  In the event either party is rendered unable, wholly or in part, by force majeure, to carry out an of its obligations under this Agreement, it is agreed that on such party's giving notice and full particalars of such force majeure in writing or by telegraph to the other party as soon as possible after the OCC u rence of the cause relied upon, then the obligations of the party giving such notice, to the extent at due diligence is being used to resume performance at the earliest practicable time, shall be suspende : during the continuance of any inability sO caused as to the extent provided, but for no longer period. Such The term "force majeure", as used herein, shall include, but not be limited to acts of God, acts of public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, tornadoes, hurricanes, arrests and restraints of government and people, explosions, breakage or damage to machinery or equipment and any other inability's of either party, whether similar to those enumerated or otherwise, and not within the control of the party claiming such inability, ivhich  cause shall as far as possible be remedied with all reasonable dispatch.  by the exercise of due diligence and care such party could not have avoided.  SECTION XIV ANTI-BOYCOTT  Per Texas Government Code Chapter 2270, the signatory executing this contract on behalfofconsultant verifies that: (1) the CONSULTANT does not boycott Israel, and (2) the CONSULTANT will not  boycott Israel during the term of this AGREEMENT.  9    SECTION XV  ADDITIONAL AUTHORIZED SERVICES  In the course of this Agreement, the OWNER may require additional services unrelated to the pecific Project(s) herein described. The CONSULTANT hereby agrees to undertake additional services for the The OWNER will outline a scope of additional services requested. The CONSULTANT will review the outline and prepare an estimate of costs and work products to be delivered in response to the request. The OWNER will appropriate funds and issue a work authorization at which time the CONSULTANT  OWNER in the following manner.  may proceed.  10    SECTION XVI ENTIRE AGREEMENT  Pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate of Interested Parties, if This instrument consists of pages 1 to 11 inclusive and constitutes the entire Agreement between the IN TESTIMONY OF WHICH, this instrument has been executed by the CONSULTANT on this the and countersigned by the City Controller, in two (2) copies, each of which shall be an original, all of  applicable.  OWNER and CONSULTANT and supersedes all prior written or oral understandings.  day of  2024, and has been executed on behalf of the OWNER by its Mayor  and attested by its City Secretary under its City seal, this  day of  2024,  equal force and effect. CONSULTANT Binkley & Barfield, Inc.  Attest/Seal  By: Steve Albert, PE, CFM Vice President  By:  OWNER  CITY OF PASADENA, TEXAS  ,City Secretary  Jeff Wagner, Mayor  Approved as to form  Jay Dale, City Attorney  Robert Chambers, Interim City Controller  11            AGENDA REQUEST  SASaA  ORDINANCE  RESOLUTION  NO: 2024-  QI  CAPTION: CONTRACT WITH DVL ENTERPRISES, LLC FOR THE GLENMORE DITCH BRIDGES PORTSMOUTH STREET BRIDGE REPLACEMENT (CIP #S147) FOR A TOTAL APPROPRIATION OF $805,633.50 FROM THE GENERAL CIP FUND BALANCE ACCOUNT.  RECOMMENDATIONS & VUSTIFICATIONE STAFF RECOMMENDS AWARD TO THE LOWEST  RESPONSIBLE BIDDER.  (IF ADDITIONAL SPACB IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED: C/D  REQUIRES APPROPRIATION: K See attached Certification Koln MMunh Robin s.Green, Jr. DATE:10/21/2024 REQUESTING PARTY (TYPED) Suba BUDGET DEPARTMENT  COUNCIL ACTION  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT l  SECOND  SECOND  APPROVED: CITY MAYOR  DATE DEFERRED:  DATE  AEAwr    CITY OF PASADENA CERTIFICATION OF FUNDS  DATE: October 18.2024  AMOUNT: $805,633.50 DEPARTMENT NO: 14100 ACCOUNT NO. 190-33180 TASKNO. CIPNO.S147  PROJECT DESCRIPTION: Award Glenmore Ditch Bridges - Portsmouth Street Bridge  Replacement to DVL Enterprises, LLC.  $767,270.00 (Contract Amount) $38,363.50 (5% Contingency) $805,633.50/(Total Appropriation)  Icertify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Pasadena to the credit of the above fund from which it is proposed to be drawn, and such money  is not appropriated for any other purpose.  2cA2 Robert Chambers Interim City Controller    CITY OFI PASADENA AMENDMENTTOCIP  DATE: October 21,2024  DEPARTMENT NO: 14100 CIPNO.:S147  Project Name: Glenmore Ditch Bridge  Amendment to 2024- 2028 CIP (Ord #2 2024-002) as follows:  Adopted Book  Proposed Change  New Project XProject Name/Description Addition to Current Project XChanges inl Funding Source  TBD  General Fund Construction  Over Budget Reallocation  nstificaton/Deserption Originally the project included the Flamborough Drive and Portsmouth Street bridges. The Flamborough Drive design was completed first and in an effort to speed up the repairs was bid out seperately. S147 now onlyi includes the Portsmouth Street  bridge.  ShDmak Sherry' Womack Budget & Financial Planning Director    ORDINANCE NO. 2024-  An Ordinance authorizing and approving a contract by and between the City of Pasadena, Texas and DVL Enterprises, LLC for the Glenmore Ditch Bridges- Portsmouth Street Bridge Replacement (CIP #S147) for a total appropriation of Eight Hundred Five Thousand Six Hundred Thirty-three Dollars and 50/100 ($805,633.50) from the  General CIP Fund Balance Account.  WHEREAS, DVL Enterprises, LLC submitted the lowest  responsible bid received October 1, 2024; and  WHEREAS, the City Controller by the attached certificate  of funds has certified to the City Council that money required for this expenditure is in the City treasury and is budgeted or will be appropriated after approval of this Ordinance for this purposei  NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That that certain contract, a facsimile of which is annexed hereto, incorporated herein for all purposes and designated Exhibit "A", by and between the City of Pasadena, Texas and DVL Enterprises, LLC for the Glenmore Ditch Bridges - Portsmouth Street Bridge Replacement (CIP #S147) for a total appropriation of Eight Hundred Five Thousand Six Hundred Thirty-three Dollars and 50/100 ($805,633.50), according to specifications as set forth in notice to bidders and bid/proposal of SER Construction Partners, LLC received pursuant thereto on October 1, 2024, is hereby  authorized and approved.  KPUDWK.#5135-Shaveraving:Drainage.SERConst24    SECTION 2. The City Council finds that such contract is reasonable and necessary, that the fiscal obligation of the City has been duly certified for availability of payment from Account Nos. 190-33180 for Eight Hundred Five Thousand Six Hundred Thirty-three Dollars and 50/100 $805,633.50), and such amount is hereby appropriated for the purpose of providing for such contract. The Mayor and the City Controller are hereby authorized to draw warrant, check or voucher in said amount or so much thereof as may be necessary to pay and discharge the legal obligation of the City of Pasadena  chargeable thereto.  SECTION 3. The Mayor of the City of Pasadena, Texas is hereby authorized and directed to execute for and on behalf of the City the annexed contract document and counterparts thereof.  SECTION 4. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate  of Interested Parties.  SECTION 5. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which  KPUbWK.#5135-ShaverPavingip:ainage.SERConst24    this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  KPUbWK.#5135-ShaverPayingiDrainage.SERConst24    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  KPubW.#S135-ShaverPavingsprainage.SERConst24    BinkleyBarfield CEM  October 1, 2024 Mr. Robin Green, PE City of Pasadena Director of Public Works 1149 Ellsworth Dr, 5th Floor Pasadena, TX77506  Via: E-Mail  Re: Contractor Award Recommendation  City of Pasadena Dear Mr. Robin Green, PE:  CIPN NO. S147: Portsmouth Street Bridge Replacement  Bids were publicly opened and read at 3:00 PM on Tuesday, October 1st, 2024, for the above-referenced Bid Tabulation- - A copy of the Bid Tabulation is attached. A summary oft the total amount fore each of the  project. The following is a summary of our bid evaluation.  submitted bids is as follows:  Contractor 1. DVL Enterprises, LLC 2. Mar-Con Services, LLC 3. Forde Construction Co., Inc.  Bid Amount $767,270.00 $877,770.98 $936,600.00  No discrepancies were identified on the bid tabulation. While the bid costs are lower than the engineer's BinkleyBarfield IDCCM recommends that the City of Pasadena award the Portsmouth Street Bridge Replacement Project to the lowest bidder, DVL Enterprises, LLC, for the amount of Seven Hundred Sixty  estimated cost, the bids are fair and reasonable.  Seven Thousand Two Hundred Seventy Dollars and Zero Cents ($767,270.00)  Ify you have any questions, please contact me.  Regards, Binkley & Barfield, Inc. Aaron Moore, P.E., ENVSP Managing Director- Water Infrastructure Operations amoore@dccm.com Cc: Mark Gardemal, P.E. Abraham Baez Jr. Steve Albert, P.E.  Carolloore AARONJ.A. MOORE  135614 CENSES BINKLEY TBPE FIRMI & BARFIELDINC. NUMBERF-257  1710 Seamist Drive, Houston, Texas 77008 I 713.869.3433 I TxEng F-257 I BinkleyBarfield.com    CITY OF PASADENA October 1, 2024 CIP #S147 Glenmore Ditch Bridges  City of Pasadena - 1149 Ellsworth Dr., Pasadena TX 77506  Portsmouth Street Bridge Replacement  Bidder  Bid Amount  Date Received Time Received  Mar-Con Services, LLC Forde Construction DVL Enterprises, LLC  8173706 9Be,a00c0 3461,270"0  9-30-24 9-30-24 9-30-24  1:18 p.m. 3:05 p.m. 3:11 p.m.  ATTENDEES PLEASE SIGN IN  PRINT NAME  Department/ / Company  LAwmy Novder ELYAS MENDOZA NSrcdlo Ardiver MAn Punn ElissA Brown  YONDE Conrhuezens MAF-CONSEPVICE,LLC.  CtySer  Coe/Empineiry Cop/Enincer  Page lof1        8888  de 3 t5  a    BEss  6 5    THE STATE OF TEXAS: COUNTY OF HARRIS:  KNOW ALL MEN BY THESE PRESENTS:  THIS AGREEMENT made and entered into by and between the City of Pasadena, a  municipal corporation, hereinafter called "CITY", and  DVL Enterprises, LLC  Hereinafter called the CONTRACTOR, and referred to in the masculine pronoun singular  whether a person, firm or corporation.  WITNESSETH:  1.1 The Contractor agrees at his own cost to furnish all tools, labor, material, machinery and appliances for the construction of, and to construct and deliver to the City in a good, sound, workmanlike manner, in strict accordance with the plans and specifications for said work, including general conditions and drawings prepared by the Director of Public Works hereinafter and in the documents made a part hereof, and adopted by the City Council of said PROJECT NAME: GLENMORE DITCH BRIDGES-PORTSMOUTH STREET  City, the permanent improvement of:  BRIDGE REPLACEMENT CIP#S147 CONTRACT AMOUNT: $767,270.00 CALENDAR DAYS: 180  And further obligates himself to pay promptly all subcontractors, workmen, mechanics and materialmen who may furnish labor and material for such work in strict accordance with such 2. The Contractor agrees to begin work of construction within 15 days after being notified in writing to do SO. The Contractor agrees to prosecute said work diligently and uninterruptedly after commencement, excepting as shall otherwise be ordered in writing by the Director, and shall be finished and fully completed within the number of calendar days stated in the Contractor's bid proposal, made a part of this contract. Time is of the essence of this contract, and the Contractor expressly stipulates that he understands that it is important to the City that this public improvement be completed within the specific time. The parties hereto understand and agree that a breach of this portion of the contract by the Contractor will cause damage to the City but further agrees that such damages cannot be accurately measured and that the ascertainment of such damages will be difficult. Therefore, it is agreed by the City and the Contractor that for each and every day that said work or any portion thereof shall remain uncompleted after the expiration of the time limit above specified, or as extended in the manner provided in said General Provisions, the Contractor shall pay to the City of Pasadena the sum specified in the General Provisions, as minimum liquidated damages, which it is agreed will accrue to the City by reason of the non-completion of said work within the specified time. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the City and the Contractor as to the minimum amount of damages which the City will sustain in any event by reason of the Contractor's failure to complete the work within the specified time. Should the City suffer damages over and above the minimum amount specified, by reason of the Contractor's failure to begin the work when ordered, carry it forward uninterrupted after the beginning or complete it within the specified  Contractor's agreement with such parties.  Section D  Lofll EXHIRIT "A"    time in strict accordance with the plans and specifications, the City may recover such additional amount. The City shall have the right to deduct and withhold the amount of any and all such damages, whether it be the minimum amount agreed upon or may recover such amount from the Contractor and the sureties on his bond; all of such remedies shall be cumulative and the City shall not be required to elect any one nor be deemed to have made an 3. The said prime contractor, before beginning the work, shall execute to the City: (I) aj performance bond if the contract is in excess of $100,000.00  election by proceeding to enforce any one remedy.  a. solely for the protection oft the City; b. in the amount of the contract; and  conditioned on the faithful performance of the work in accordance with the a. solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime contractor or a subcontractor to  plans, specifications, and contract documents. (2)aj payment bond ift the contract is in excess of $25,000.00  supply public work, labor or material; and b. in the amount of the contract.  The bonds shall comply with the requirements of V.T.C.A Government Code, $2253.041 et seq. and must be payable to and be in a form approved by the City. The bonds must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's' Texas Insurance Code). The bonds must clearly and prominently display on the bond or on an attachment to the a. the name, mailing address, physical address, and telephone number, including area code, of the surety company to which any notice of claim should be sent; or b. the toll-free telephone number maintained by the Texas Department of Insurance under Article 1.35D Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone  bond:  number.  4. Workers' Compensation and Liability Insurance Coverage.  A. Definitions:  Certificate of coverage ("certificate")- A copy of a certificate ofi insurance, a certificate of authority to self-insure issued by the division, or a coverage agreement (DWC Form-81, DWCF Form-82, DWC Form-83, or DWCI Form- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration oft the project - includes the time from the beginning of the work on the project until the contractors/persons work on the project has been completed and Persons providing services on the project ("subcontractor" in $406.096) includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees.  accepted by the governmental entity.  Section D  2of1l    This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons toj provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment orr materials, or providing labor, transportation, or other service related to aj project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.  B. The contraçtor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing ofa any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor C.T The contractor must provide a certificate of coverage to the governmental entity prior to D.Ift the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end oft the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has E. The contractor shall obtain from each person providing services on a project,  providing services on the project, for the duration of the project  being awarded the contract.  been extended.  and provide to the governmental entity:  (1) a certificate of coverage, prior to that person beginning work on the project, sO the governmental entity will have on file certificates of coverage showing coverage for all persons providing serviçes on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, ift the coverage period shown on the current certificate of coverage ends during the duration of the project.  F. The contractor shall retain all required certificates of coverage for the duration of the G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Insurance, Division of Workers' Compensation, informing all persons providing services on the project that they are required to be covered, I.1 The contractor shall contractually require each person with whom it contracts to provide  project and for one year thereafter.  and stating how a person may verify coverage and report lack of coverage.  services on aj project, to:  (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, fort the duration of the project;  Section D  3of11    (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the (a) a certificate of coverage, prior to the other person beginning work on the (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, ift the coverage period shown on the current certificate (5) retain all required certificates of coverage on file for the duration of the project (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on ) contractually require each person with whom it contracts, to perform as required by paragraphs (1) (7), with the certificates of coverage to be provided to the  contractor:  project; and  of coverage ends during the duration of the project;  and for one year thereafter;  the project; and  person for whom they are providing services.  J.E By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the division. Providing false or misleading information may subject the contractor to administrative penalties, K. The contractor's failure to comply with any of these provisions is a breach of çontract by contract void if the contractor does not remedy the breach within ten days after receipt of  criminal penalties, civil penalties, or other civil actions.  the contractor which entitles the governmental entity to declare the  notice of breach from the governmental entity. WorkersCompensation and Employer's Liability  1. State 2. Applicable Federal 3. Employer'sLiability Comprehensive General Liability 1. Bodily Injury each occurrence 2. General Aggregate Section D  Statutory Statutory $ 500,000.00 $1,000,000.00 $1,000,000.00  4ofl1    3. Property Damage 4. Fire Damage  $1,000,000.00 50,000.00 $ 5,000.00 $1,000,000.00 $1,000.000.00 $1,000,000.00 $1,000,000.00  5. Medical Expenses -6 each person Comprehensive Automobile Liability 1. Bodily Injury each accident 2. Property Damage each occurrence Umbrella Liability 1. Bodily Injury - each occurrence 2. Property Damage - each occurrence  Certificate of insurance is tol be provided to the City of Pasadena prior to the beginning of  construction.  The said Contractor further agrees to comply with all the ordinances and regulations of said City relating to the manner in which excavations or other work are to be protected and made in the City streets and, on any other property and to protect such work with all such lights, barriers and other safeguards as are necessary and that are provided in the specifications or ordinances of the City or laws of the United States or this State, and further agrees and obligates himself to make payments promptly to all persons or corporations who may furnish any labor or material or both, in the prosecution of such work. The completion and acceptance of the work shall not absolve the Contractor from the above obligations as to  any occurrence proximately resulting from any act or omission on his part.  5.If the Contractor fails to begin the delivery or to commence work as provided in the contract or fails to make deliveries of materials promptly as ordered, or to maintain the rate of delivery of material or progress of the work in such manner as in the opinion of the Director insures a full compliance with the contract within the time limit, or if, in the judgment of the Mayor and Director, the Contractor is not carrying out the provisions of the contract in their true intent and meaning, and in accordance with the terms of this contract and of the plans and specifications, written notice may be served by the Mayor or Director on such Contractor, or his agent or Representative, to provide within a specified time for a satisfactory compliance with the contract, and if said Contractor neglects or refuses to comply with such notice, the City may cancel or suspend the operation of all or any part of the contract and of the work hereunder, or it may, ini its discretion, after such notice, purchase any or all of the material without suspending the contract. Upon suspension of a contract for construction or installation, the City may, in its discretion, take possession of all or any part of the machinery, tools, appliances, materials and supplies used on the work covered by the contract, or that have been shipped or delivered by or on account of the Contractor for use in connection therewith, and the same may be used either directly by the City, or by other parties for it, for the completion of the work SO suspended; or the City may employ other parties to perform the work or may substitute other machinery or materials, purchase the material contracted for in such manner as it may deem proper, or hire such force and buy such machinery, tools, appliances, materials and supplies, at the Contractor's expense, as may be necessary, in the opinion of the Director, for the proper conduct and completion of the work. If, in the opinion of the City, there is an emergency for the furnishing of certain material or the performance of certain work, in order to insure compliance with the terms of the Contract, and if the Contractor fails to furnish such material or to perform such work within a reasonable time fixed by the written notice from the City, or the Director, to the Contractor, then the City shall have the power to and it may at its election furnish such  Section D  5of1l    material or perform such work at the expense of the Contractor and his sureties, who shall be liable therefore. In the determination of the question whether there has been such noncompliance with the contract as to warrant its suspension or the furnishing of material, or the performance of work by the City as herein provided, the decision of the Director shall be final. The enumeration of the options and privileges of the City as hereinbefore set forth is not and shall never be considered as the only rights, options or remedies of the City and itis expressly agreed that the City may pursue any other and further option, right and remedy accorded to it at law and in equity. Any cost, damage and expense to the City above the contract price arising out of the happening of any or all of the contingencies above specified and contemplated shall be charged to and paid in full by the Contractor and his surety. Any other loss, of any nature, occasioned to the City by reason of default or failure of the Contractor or by any breach of this contract shall also be borne and paid by the Contractor and his surety. In the event that the City shall suspend or terminate the contract in whole or in part, such action shall not relieve either the Contractor or his surety from any of the covenants, conditions, obligations or liabilities imposed upon them by this contract or by the Contractor's liabilities imposed upon them by this contract or by the Contractor's bonds. Itis expressly agreed by the Contractor and his surety that they and each of them will be fully and completely bound by each and every decision of the City or the Director in all matters pertaining to this contract unless the Contractor or his surety shall prove by clear, convincing and unmistakable proof that such decision is arbitrary and not grounded upon any evidence of fact reasonably calculated to support such decision. Iti is further agreed, that if the said City shall be obliged, under the terms hereof, to take charge of and complete said work, that it shall have the right, and is hereby permitted to use all the patented or copyrighted plans, tools, machinery, appliances, materials or methods of the Contractor sO that the work shall be 6. THE CONTRACTOR AGREES TO INDEMNIFY FULLY AND TO SAVE WHOLE AND HARMLESS THE CITY OF PASADENA FROM ALL COSTS, EXPENSES AND DAMAGES OR LOSSES, INCLUDING ALL COSTS OF LITIGATION, ARISING OUT OF ANY REAL OR ASSERTED CAUSES OF ACTION, AND FROM ALL COSTS OR LOSSES FROM WRONG, OR INJURY OR DAMAGES WHICH MAY BE OCCASIONED BY SAID CONTRACTOR, ITS AGENTS, SERVANTS OR EMPLOYEES IN THE PROSECUTION OF SAID WORK, OR CONNECTED THEREWITH AND THE SAID CONTRACTOR, ITS AGENTS, SERVANTS OR EMPLOYEES IN THE PROSECUTION OF SAID WORK, OR THEREWITH, WHERE SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE JOINT NEGLIGENCE OF CITY AND ANY OTHER CONTRACTOR AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF PASADENA, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, CLAIMS OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COST, AND ATTORNEY'S FEES, FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE CONTRACTOR, ITS AGENT, SERVANTS OR EMPLOYEES UNDER THIS CONTRACT OR CONNECTED THEREWITH WHERE SUCH INJURIES, DEATH  completed in accordance with the plans and specifications.  PERSON OR ENTITY.  OR DAMAGE ARE CAUSED BY THE, JOINT NEGLIGENCEOR:  (1) THE CONTRACTOR OR ANY OF ITS EMPLOYEES; AND (2) THE CITY,ITS OFFICERS, AGENTS OR EMPLOYEES.  Section D  6of11    IT IS THE EXPRESSED INTENTION OF BOTH THE CITY AND THE CONTRACTOR THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY THE CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY,ITS OFFICERS, AGENTS OR EMPLOYEES WHERE SUCH NEGLIGENCE IS A CONCURRING CAUSE OF THE INJURY, LOSS, DEATH OR DAMAGE. FURTHERMORE, ITI IS' THE EXPRESSEDINTENTION OF BOTH THE CITY AND THE CONTRACTOR THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE CAUSE OF ACTION, SUIT OR LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF THE CONTRACTOR OR ANY OF ITSI EMPLOYEES. 7. The Contractor shall be paid for the performance of all of the work, as aforesaid, the unit prices set out in full in the Contractor's bid proposal, a copy of which is hereto attached and made a part of this contract. And it is understood that payments of the said amount, except where otherwise provided in this contract, shall be given and received as payments in full for all the work and material described generally in Section One (1) of this contract and there stipulated to be done and furnished by the Contractor, and said prices herein named shall be considered as inçluding and comprehending the completion of the whole work, herein contracted for, together with the payment of and for all the labor and materials and all appliances and appurtenances and all detail work as described generally in Section One. The bids herein are being made for a complete work and not for parts ofa work. Said compensation shall be paid to the said Contractor, and at the time and in the manner, as  follows, to wit:  (a) The City of Pasadena shall pay to the Contractor all of the cost as bid by said Contractor of such improvements; all payments to be made by the City tot the Contractor shall be upon the written estimate of said Director, ninety five (95%) of which estimates shall be payable at the time said estimates are furnished, five percent (5%) being retained and reserved until the completion of the work and its acceptance by the City, and no estimate shall be given at any time except upon such portions of the work as have been actually 8. The Contractor shall not obstruct or place any impediment in the way of laying any underground pipes, or any underground structures required or permitted to be laid under the authority of said City during the progress of such work, or in advance thereof, but shall give all reasonable assistance to the same, and the duty of the said Contractor to build the improvement herein contracted for shall in no way be diminished or affected by the construction of said underground structures in advance of or in concurrence with said pavement, but the said pavement shall in all respects be guaranteed to be kept in good order, free from defects produced by or from said cause, or any other causes; but should any other person, firm or corporation, except the City, cause or occasion any fault or injury to said pavement or improvement by means of the construction or maintenance of said underground structures, then such person or corporation shall not be relieved from liability to the Contractor or successors for said injury or damage to the pavement in any case or event in which the said Contractor or successors shall be liable to the City to repair or construct or maintain the same. But, between the Contractor and the City, the fact of laying of said pavement along any part of said street shall be final acceptance and agreement by the Contractor that all backfilling and tamping have been properly done along said street and that same was before the pavement was put down in proper condition to receive said pavement;  completed.  Section D  7of11    provided that nothing herein shall affect the right of the Contractor as against such third parties to contend that said back-filling has not been properly done in advance of the laying of such pavement. When the Contractor is not satisfied with the earth foundations for laying the pavement, by reason of excavations in advance thereof, he may require the party responsible for such improper filling and tamping to have the same perfected by proper  backfilling and tamping as to receive the pavement.  All disagreements, disputes or controversies of any kind between the parties hereto relative to the proper performance of this contract, including materials used, the manner or method of pertormance, shall be submitted for decision to the Director, whose judgement, when rendered, shall be conclusive, final and binding upon the parties hereto.  9. This contract shall be personal to the Contractor hereinbefore named, and it is agreed that the performance hereof, in whole or in part, shall not be assigned or sublet to anyone without the written consent of the Council of said City, and in no case shall such consent relieve the said Contractor or surety from the obligations herein assumed or change  the terms of this agreement.  10. Itis distinctly understood and agreed that the passing approval or acceptance of any part of the work or material by the Director or the City Council or by any agent or representative as in compliance with the terms of this contract or of the plans and specifications covering said works shall not operate as a waiver by the City of strict compliance with the terms of this contract, nor shall such passing, approval or acceptance operate to stop the City from demanding strict compliance with the term of this contract and the plans and specifications covering said work, and the City may at any time within a period of one year from and after the date of said passing, approval or acceptance of any such work or materials require the Contractor or his surety to repair, replace, restore and make said work and materials, which did not at the time of completion, comply strictly and in all things to this contract and to the plans and specifications which are: made aj part hereof.  Under no circumstances, condition or situation shall the City be liable or obligated without the express approval of Council to pay to the Contractor any additional compensation for any "extra", "additions", "modification", or "changes", nor "extra work", or "additional work", as those terms have been defined in City of Houston V. Fuller (Ct. App., Houston) 311 S.W. 2d 285, n.w.h. it being the intent of the parties hereto that the total bid price of said Contractor as submitted shall be the total compensation to be paid under the terms of this contract, notwithstanding any other provision contained in general specifications or other Iti is expressly agreed that under no circumstances or situations shall notice of any kind to the Director or to any agent or representative of the City other than the City Council  proposals, the terms and provisions of this contract shall govern.  be construed or considered as notice to the City.  Under no circumstances, condition or situation shall the City be held to have ratified any breach of this contract or failure of the Contractor to comply strictly with each and all the terms and provisions of this contract and of the plans, specifications and drawings made a part hereof and no act or omission on the part of the City or of the Director or of any agent or representative of the City in connection with this contract or the performance hereof ever be  held to work an estoppel upon the City.  No waiver of any of the terms or conditions of this contract or of the plans, drawings or specifications sha!l be binding upon the City unless the same is in writing and is expressly  authorized by an Ordinance of the City Council.  Section D  8ofll    Itis expressly agreed that all circumstances, conditions and situations arising under this contract shall be more strongly construed against the Contractor and his surety than the  City.  Any ambiguity or uncertainty in the plans, drawings or specifications shall be interpreted and construed by the Director and his decision shall be final and binding upon all  parties.  The invalidity or illegality of any term, provision or condition of this contract or of the specifications attached hereto shall not in any manner affect, invalidate or annul any other  term, provision or condition hereof.  11. Whenever payments of this contract are being made wholly or partially from a fund or funds received by the City as a grant from any agency of the United States of America and payment oft the final estimate is not made within the specified time by reason of the fact that funds therefore have not been received from such Federal Agency, the time for payment ofs such final estimate shall be extended until such time funds are received from such Federal Agency. Under no condition or consideration shall the City be liable for any interest upon payments due the Contractor where the delay or delays past the due dates of such payment or payments are due directly or indirectly to any act or omission upon the part of any agency of the United States of America, including delay or non-payment of amount under any Grant or Grants. Under no condition or circumstances shall the City be liable to the Contractor or his Surety for any part of any such grant and the Contractor and surety shall not be paid for the proportionate part of said work covered by said grant, except with moneys delivered to the City by the agency oft the United States of Ameriça as part ofs said grant. 12. The plans, profiles, specifications, notice to bidders and the Contractor's bid proposal on file in the office oft the Director or City Secretary are here referred to and made part of this contract. Copies oft the notice to bidders and Contractor's bid proposal and copies ofthe following specifications are hereto attached and subject to the provision of Section 9  hereof, are: made aj part hereof.  **SEE FEDERAL AND OTHER APPLICABLE REQUIREMENIS TO THIS PROJECT INCORPORATED IN THE SPECIFICATION.  (a) Specifications, CITYC OF PASADENA (b) Conflict ofl Interest Questionnaire.  "General Conditions".  (c). All of those specifications and drawings, which are referred to ini the Contractor's The provisions of this contract shall control any inconsistent provisions contained in the specifications. All plans and specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. The Contractor has carefully examined the surface and subsurfaçe of the site and has made sufficient test holes to satisfy himself fully that such site is a correct and suitable one  bid proposal attached to and made aj part ofthis contract.  for this work and he assumes full responsibility therefore.  Section D  9of11    13. Wherever in any specification the term "Director"is used, it will be understood as meaning the same person as the "Director of Public Works". Wherever the word "Contractor" is used in this contract or any specification, the same shall be construed to include his agents, servants, employees, assigns and legal representatives unless the context  discloses clearly that the Contractor alone is meant.  14. All applicable provisions of the Revised Civil Statutes of the State of Texas, as amended, and all provisions of the Charter and Ordinances of the City, relating to public improvements and all resolutions and ordinances passed by said Council to effectuate this  contract are here referred to and made aj part hereof.  15. This contract and all obligations created hereunder shall be performable in Harris 16. The City and Contractor hereby mutually agree that all invoices are hereby incorporated into and made a part of this contract. All invoices on said project shall dictate the kind of project for sales tax purposes and all materials purchased for said project are purchased for resale to the City. The City agrees to give contractor an exemption certificate for all materials which become part of and are incorporated into the completed project if the  County, Texas.  invoices clearly identify such materials.  17. Pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295,  Certificate of Interested Parties, ifapplicable.  Section D  10ofil    IN TESTIMONY WHEREOF, this instrument has been executed on behalf of said Contractor by the undersigned representative hereto duly authorized and the said City of 20 pursuant the terms of an Ordinance passed by the City Council and the same has been  Pasadena has caused the same tol be signed this countersigned by the City Controller. CITY OF PASADENA  day of ATTEST:  MAYOR  CITY SECRETARY COUNTERSIGNED: CITY CONTROLLER CONTRACTOR BY  APPROVED AS' TO FORM:  CITY ATTORNEY APPROVED:  ATTEST AND SEAL  DIRECTOR OF PUBLIC WORKS  CONTRACTOR SECRETARY  Section D  llofil    AGENDA REQUEST  ORDINANCE  RESOLUTION  NO: 2024-  QJ  CAPTION: APPROVE AGREEMENT WITH SIRRUS ENGINEERS, INC. FOR DESIGN SERVICES FOR CRENSHAW RELIEF SEWER PROJECT (CIP # WW107) FOR A TOTAL APPROPRIATION OF $99,000.00 FROM THE SYSTEM FUND OTHER CHARGES OPERATING ACCOUNT.  RECOMMENDATIONS & JUSTIFICATION: APPROVE PROFESSIONAL SERVICES AGREEMENT  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S). AFFECTED: G  REQUIRES APPROPRIATION: K See attached Certification PHan Robin S. Green, Jr. DATE:10/21/2024 REQUESTING PARTY (TYPED) SwOomak BUDGET DEPARTMENT  COUNCIL ACTION  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED:  DATE DEFERRED:  DATE  MAYOR  %    CITY OF PASADENA CERTIFICATION OF FUNDS  DATE: October 18,2024  AMOUNT: $99,000.00 DEPARTMENT NO: 14100  ACCOUNT NO. 30900-7107 to be transferred to 390-33180  TASK NO. CIP NO. WW107 Burke Park.  PROJECT DESCRIPTION: Design agreement for Crenshaw Relief Sewer near the Crenshaw  Icertify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Pasadena to the credit of the above fund from which it is proposed to be drawn, and such money  is not appropriated for any other purpose.  Robert Chambers SRL Interim City Controller    CITY OF PASADENA AMENDMENTTOCIP  DATE: October 21,2024  DEPARTMENT NO: 14100 CIPNO.:WW107  Project Name: Crenshaw Relief Sewer Improvements Amendment to 2024-2028 CIP (Ord#2024-002) as follows:  Adopted Book  Proposed Change  X New Project  Project Name/Description Addition to Current Project Changes in Funding Source Changes in Funding Year Over Budget Reallocation  ustificaton/Descrption: The City is experiencing sanitary overflows on Crenshaw sanitary sewer system near Crenshaw and Burke. Funds  for design are availabe from the other charges operating budget.  Shwonah Sherry Womack Budget & Financial Planning Director    o  o  o  0o o  o  00 o  S A    ORDINANCE NO. 2024-  An Ordinance authorizing and approving an agreement by and between the City of Pasadena, Texas and Sirrus Engineers, Inc. for design services for Crenshaw Relief Sewer Project (CIP #WW107) for a total appropriation of $99,000.00 from the System Fund Other Charges  Operating Account.  WHEREAS, Sirrus Engineers, Inc. will perform professional  services requiring special knowledge and a high order of learning  and skill; and  WHEREAS, Sirrus Engineers, Inc. has been selected and  awarded this contract on the basis of demonstrated competence and qualifications to perform the contractual services identified  herein for a fair and reasonable price; and  WHEREAS, the selection of Sirrus Engineers, Inc. is in  accordance with Section 2254 of the Texas Government Code; and  WHEREAS, the City Controller by the attached certificate  of funds has certified to the City Council that money required for this expenditure is in the City treasury and is budgeted or will be appropriated after approval of this Ordinance for this purposei  NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby finds and adopts the  preamble to this Ordinance.  SECTION 2. That that certain contract, a facsimile of which is annexed hereto, incorporated herein for all purposes and designated Exhibit "A", by and between the City of Pasadena, Texas and Sirrus  Frerserv.CIPAIC-ptnserress    Engineers, Inc. for design services for Crenshaw Relief Sewer Project (CIP #WW107), is hereby authorized and approved.  SECTION 3. That the City Council finds that such contract is reasonable and necessary, that the fiscal obligation of the City hereunder has heretofore been duly certified for availability of payment out of Account No. 30900-7107 in the amount of Ninety-nine Thousand and No/100 ($99,000.00) Dollars for such contract; and the Mayor and the City Controller are hereby authorized to draw warrant, check or voucher in said amount or so much thereof as may be necessary to pay and discharge the legal obligation of the City  of Pasadena chargeable thereto.  SECTION 4. That the Mayor of the City of Pasadena, Texas is hereby authorized and directed to execute for and on behalf of the City the annexed contract document and counterparts thereof.  SECTION 5. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate  of Interested Parties, if applicable.  SECTION 6. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been  PaCers.CTPNAIDN-PACer.sica2    open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  PASSED ON FIRST READING by the City Council of the City of  FPetSer.CTPIC-uss    Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F.MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS    AGREEMENT FOR PROFESSIONALSERVICES  THE: STATE OF TEXAS COUNTY OF HARRIS  THIS AGREEMENT made, entered into and executed by and between the City of Pasadena, Texas, a Home Rule Municipal Corporation situated in Harris County, Texas and under the laws of the State of Texas, hereinafter called "OWNER" and Sirrus Engineers, Inc., hereinafter called CONSULTANT. WITNESSETH, that OWNER intends to plan, develop and make certain improvements generally  described as:  Crenshaw Relief Sewer CIP Identification No. WW107 In the City of Pasadena, Texas  WITNESSETH, that this Agreement deals with providing professional services related to design, coordination, utility approvals, bidding, and construction phase services for the Crenshaw Relief Sewer  near the Crenshaw Burke Park in the City of Pasadena, Texas described as follows.  PHASE "A"-I DESIGN PHASE:  Prepare construction plans, special specifications, final designs and supporting documents necessary for  construction of the project(s) being developed. PHASE "B"- BIDDING OR NEGOTIATING PHASE: contract for the project(s) being developed. PHASE "C"-C CONSTRUCTION PHASE:  Provide assistance in obtaining and evaluating bids and/or negotiating the award of a construction  As directed by the OWNER provide assistance as appropriate to the various stages of construction in order to observe and report the progress and quality of the various aspects of construction. WHEREAS, the OWNER desires that the CONSULTANT perform certain professional services in WHEREAS, the CONSULTANT represents that it is qualified and desires to perform such services; NOW, THEREFORE, the OWNER and the CONSULTANT, in consideration of the mutual covenants  connection with the Project(s); and  and agreements herein contained, do mutually agree as follows:  EXHIBIT "A"    SECTIONI SCOPE OF AGREEMENT  The CONSULTANT agrees to perform professional services in connection with the Project(s) as stated in the sections to follow, and for having rendered such serviçes; the OWNER agrees to pay to the  CONSULTANT compensation as stated in the sections to follow.  SECTIONII  CHARACTER AND EXTENT OF SERVICES  The CONSULTANT shall render the following professional services in connection with the Project(s): Upon this Agreement becoming effective and upon written authorization from OWNER,  CONSULTANT shall provide the following services which include:  A. DESIGN PHASE  Upon this Agreement becoming effective and upon written authorization from OWNER, CONSULTANT shall proceed with the development of the Design Phase wherein the CONSULTANT a) Acquire all existing plans, data, and information from the OWNER and others as needed for the b) Perform topographic survey of roadways and adjacent areas as required for design and planning. Coordinate with registered surveyor, for the acquisition of topographic information within the project area. Surveyor shall provide utility and topographic information which will pertain to the Provide a geotechnical investigation to determine the existing pavement conditions and for recommendation. of construction of new roadways. Coordinate with geotechnical engineer once the location and details for the utilities are determined to acquire geotechnical information within the project area and provide recommendations for utility and pavement construction. d) Provide the general locations, as provided to CONSULTANI, by private utility companies, regarding existing private utilities, pipelines, etc. within the project area. The construction contractor is ultimately responsible for determining the exact location and depths of all existing e) Provide contract documents, plans and specifications including City of Pasadena standard specifications and supplemental specifications as necessary for bidding construction package.  shall:  completion of the project.  design and construction of the project.  utilities in the areas proposed for construction.  Plans to include the following:  Cover Sheet  2    Legend and Construction Notes Existing Typical Cross Sections Proposed Typical Cross Sections Topographic Surveys Plan and Profiles Traffic Control Plan Driveway Details COP Standard Detail Sheet Project Sign Detail Sheet  Stormwater Pollution Prevention Plans and details  Obtain plan approvals from OWNER, Utility Companies, and Harris County Flood Control g) A final cost estimate will be prepared for the plans at the completion of the "Final Design  District.  Phase". The estimate will be based on pricing from recent projects.  C.E BIDDING or NEGOTIATING PHASE OWNER, CONSULTANT shall:  After acceptance by OWNER of the Final Design Phase documents and upon written authorization from  a) Assist the OWNER in the Bid Advertisement for the Project.  b) Conduct a Pre-bid Conference and issue addenda to Bid Documents if necessary, Assist the OWNER in the opening of the bids and provide a Bid Tabulation for the City'sreview. C) Assist in the tabulation and analysis of bids and furnish recommendations on the award of the  construction contract.  D. CONSTRUCTION PHASE  After award by OWNER of the construction contract and upon written authorization from OWNER,  CONSULTANT shall:  a) Attend and assist the OWNER in pre-construction conferences. Attend bi-weekly and other b) Make periodic visits, as distinguished from the continuous services of a Resident Project Representative, in order to become familiar generally with the progress and quality of work, and to determine if the work is proceeding in accordance with the contract documents.  project meetings as requested by the OWNER.  3    After each visit of project meeting, the CONSULTANT shall prepare and distribute minutes and a written report of his observations of the progress and quality of work performed pursuant to the c) Consult with and advise the OWNER during construction. Within three (3) working days of the request, the CONSULTANT will issue all instructions, requests for information, and non- d) Review shop, laboratory and mill tests of material and equipment and promptly report to the e) Review and submit comments on all project schedules as submitted by the Contractor.  contract documents.  conformance reports as requested by the OWNER.  OWNER any deficiencies noted.  Participate with the OWNER's representatives in a substantial completion and/or final inspection of the Project. The CONSULTANT must conduct inspections to determine the dates of g) Correct errors and omissions in the drawings and specifications as requested by the OWNER, at  substantial and final completion. no additional charge. h) Prepare as-built drawings.  SECTIONIII  TIME: FOR PERFORMANCE  The CONSULTANT shall complete the services called for in Section II of this Agreement in accordance  with the following:  Phase "A"-Design Phase  270 calendar days following Notice to Proceed from OWNER  Phase "B"- Bidding and Negotiating Phase Complete within 60 calendar days  following OWNERS instructions to proceed with Bidding Phase. For a period of construction time stated in the Construction Documents.  Phase "C"- Construction Phase    Iti is expressly understood and agreed that the CONSULTANT" shall proceed to furnish the engineering services required herein upon execution oft this agreement by all parties. Additional services will not proceed without the expressed written authorization by the OWNER ori its representative. For engineering services rendered by the CONSULTANT for the services defined in Section II, Character and Extent of Services, OWNER shall pay a not to exceed reimbursable amount of$99,000.00  for the phases listed as follows:  PHASE  AMOUNT $54,000.00 $15,000.00 $10,000.00 $20,000.00 $99,000.00  Basic Services (Phase A,B, &C) Additional Services: Survey Geotechnical Traffic Control  TOTAL  SECTIONV TERMINATION  The OWNER may terminate this Agreement at any time by notice in writing to the CONSULTANT. Upon receipt of such notice, the CONSULTANT shall discontinue all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, CONSULTANT shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. Upon agreement by the OWNER and CONSULTANT of the detailed statement of services performed under this agreement to date of termination, the OWNER will then pay the CONSULTANT that proportion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account or the charges as have been previously made. Copies of all completed or partially completed designs, drawings and specifications prepared under this Agreement shall be delivered to the OWNER when and if this Agreement is terminated.  SECTION VI  ADDRESS OF NOTICE AND COMMUNICATION  All notices and communications under this Agreement shall be mailed by certified mail, return receipt  requested, or delivered to CONSULTANT at the following address:  Sirrus Engineers, Inc. Attn: Sujeeth Draksharam, P.E. 3100 Timmons Ln., Suite #500 Houston, Texas 77027  5    SECTION VI  ADDRESS OF NOTICE AND COMMUNICATION  All notices and communications under this Agreement shall be mailed by certified mail, return receipt  requested, or delivered to CONSULTANT at the following address:  Sirrus Engineers, Inc. Attn: Sujeeth Draksharam, P.E. 3100' Timmons Ln., Suite #500 Houston, Texas 77027  All notices and communications under this Agreement shall be mailed by certified mail, return receipt  requested, or delivered to the OWNER at the following address:  City of Pasadena City Hall 1149 Ellsworth Drive Pasadena, Texas 77506 Attention: Director of Public Works SECTION VII  SUCCESSORS AND ASSIGNS  The OWNER and the CONSULTANT bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators. and assigns of such other party, in respect to all covenants of this Agreement. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer its or his interest in this Agreement without the prior written consent of the other. Nothing herein shall be construed, as creating any personal liability on the  part of any officer or agent of any public body that may be aj party hereto.  SECTION VIII  COMPLIANCE AND STANDARDS  The CONSULTANT agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the consulting profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and CONSULTANT'S performance.    SECTIONIX  OWNERSHIP OF DOCUMENTS, COPYRIGHT  The OWNER shall be the absolute and unqualified OWNER of all drawings, preliminary layouts, record drawings, sketches, reports and other documents prepared pursuant to this Agreement by the CONSULTANT with the same force and effect as if the OWNER prepared the same. Copies of all complete or partially completed record drawings, sketches, reports and other documents prepared pursuant to this Agreement shall be delivered to OWNER when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The CONSULTANT may retain one (1) set of reproducible copies and the same data in electronic file and format and such copies shall be for the CONSULTANT's sole use in preparation of studies or reports for OWNER only. The CONSULTANT is expressly prohibited from selling, licensing or otherwise marketing or donating such documents, or using such documents in the preparation of other work for any other client, without the prior express written permission of the OWNER. Reuse by the OWNER without specific written adaptation by  CONSULTANT shall be without liability to the CONSULTANT.  SECTIONX INDEMNIFICATION  THE CONSULTANT SHALL SAVE AND HOLD HARMLESS THE OWNER FROM AND AGAINST ALL CLAIMS AND LIABILITY DUE TO ACTIVITIES OF THE CONSULTANT, ITS AGENTS OR EMPLOYEES, PERFORMED UNDER THIS CONTRACT AND WHICH RESULT FROM ANY NEGLIGENT ACT, ERROR, OR OMISSION OF THE CONSULTANT OR OF ANY PERSON EMPLOYED BY THE CONSULTANT. THE CONSULTANT SHALL ALSO SAVE HARMLESS THE OWNER FROM AND AGAINST ANY AND ALL EXPENSES, INCLUDING ATTORNEY'S FEES WHICH MIGHT BE INCURRED BY THE OWNER, IN LITIGATION OR OTHERWISE RESISTING SAID CLAIMS OR LIABILITIES WHICH MIGHT BE IMPOSED ON THE OWNER AS THE RESULT OF SUCH ACTIVITIES BY THE  CONSULTANI, ITS AGENTS OR EMPLOYEES.  SECTION XI MODIFICATIONS  This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by both  parties.  7    SECTION XII FORCE MAJEURE  In the event either party is rendered unable, wholly or in part, by force majeure, to carry out any of its obligations under this Agreement, it is agreed that on such party's giving notice and full particulars of such force majeure in writing or by telegraph to the other party as soon as possible after the occurrençe of the cause relied upon, then the obligations of the party giving such notice, to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability sO caused as to the extent provided, but for no longer period. Such The term "force majeure", as used herein, shall include, but not be limited to acts of God, acts of public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, tornadoes, hurricanes, arrests and restraints of government and people, explosions, breakage or damage to machinery or equipment and any other inability's of either party, whether similar to those enumerated or otherwise, and not within the control of the party claiming such inability, which  cause shall as far as possible be remedied with all reasonable dispatch.  by the exercise of due diligence and care such party could not have avoided.  SECTION XIII ANTI-BOYCOTT  Per Texas Government Code Chapter 2270, the signatory executing this contract on behalf of consultant verifies that: (1) the CONSULTANT does not boycott Israel, and (2) the CONSULTANT will not  boycott Israel during the term of this AGREEMENT.  SECTION XIV  ADDITIONAL AUTHORIZED SERVICES  In the course of this Agreement, the OWNER may require additional services unrelated to the specific Project(s) herein described. The CONSULTANT hereby agrees to undertake additional services for the The OWNER will outline a scope of additional services requested. The CONSULTANT will review the outline and prepare an estimate of costs and work products to be delivered in response to the request. The OWNER will appropriate funds and issue a work authorization at which time the CONSULTANT  OWNER in the following manner.  may proceed.    SECTION. XV ENTIRE AGREEMENT  Pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contraçt is contingent upon the business entity's completion of the required Form 1295, Certificate of Interested Parties, if This instrument consists of pages 1 to 9 inclusive and constitutes the entire Agreement between the IN TESTIMONY OF WHICH, this instrument has been executed by the CONSULTANT on this the and countersigned by the City Controller, in two (2) copies, each of which shall be an original, all of  applicable.  OWNER and CONSULTANT and supersedes all prior written or oral understandings.  day of  2024, and has been executed on behalf of the OWNER by its Mayor  and attested by its City Secretary under its City seal, this  day of  2024,  equal force and effect. CONSULTANT Sirrus Engineers, Inc.  Attest/Seal  By: Sujeeth Draksharam, P.E., President  By:  OWNER  CITY OF PASADENA, TEXAS  Amanda Mueller, City Secretary Approved as to form  Jeff Wagner, Mayor  Jay Dale, City Attorney  Robert Chambers, Interim City Controller  9    AGENDA REQUEST  -SIa  ORDINANCE  RESOLUTION  aK  NO: 2024-  CAPTION: AMEND ORDINANCE 2023-247, CONTRACT WITH CHRISTENSEN BUILDING GROUP, LLC, TO ALLOW ALL CONTRACT PROCEEDS EARNED UNDER SAID CONTRACT BE SENT TO CONTRACTOR'S BONDING COMPANY, MARKEL/SURETEC INFORMATION SYSTEMS,  INC.  RECOMMENDATIONS & JUSTIFICATION: MARKEL SURETY WILL ENSURE PROTECTION AND PROPER DISBURSEMENT OF THE FUNDS TO ANY SUBCONTRACTORS AND/OR VENDORS. CHRISTENSEN BUILDING GROUP, LLC AGREED TO THIS ARRANGEMENT. THE CITY WILL MAKE CHECKS PAYABLE TO CHRISTENSEN BUILDING GROUP, LLC BUT MAILED TO  MARKEL/SURETEC.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED: - - REQUIRES APPROPRIATION: See attached Certification  COUNCIL DISTRICT(S) AFFECTED: ALL  COUNCIL ACTION  VICTOR R. RENDON REQUESTING PARTY (TYPED)  DATE:10/15/2024  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED: de  DATE DEFERRED:  DATE  OAwr  MAYOR    ORDINANCE NO. 2024-  An Ordinance amending Ordinance No 2023-247, which authorized a contract with Christensen Building Group, LLC, to allow all contract proceeds earned under said contract be sent to Contractor's Bonding Company, Markel/Surety Information Systems,  Inc.  WHEREAS, Markel Surety will ensure protection and proper  disbursement of the funds to any subcontractors and/or vendors; and  WHERES, Christensen Building Group, LLC agreed to  This arrangement, and  WHEREAS, the City will make checks payable to Christensen  Building Group, LLC but mailed to Markel/Suretec: and  WHEREAS, the City Controller by the attached certificate  of funds has certified to the City Council that money required for this expenditure is in the City treasury and is budgeted or will be appropriated after approval of this Ordinance for this purposei  NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby finds and adopts the  preamble to this Ordinance.  SECTION 2. That amending Ordinance No 2023-247, which authorized a contract with Christensen Building Group, LLC, to allow all contract proceeds earned under said contract be sent to Contractor's Bonding Company, Markel/Surety Information Systems, Inc.as shown on the attached Exhibit "A", is hereby authorized and  approved.  Amemdorc2-102XaPlammin.Gantwerka4    SECTION 2. That the City Council finds that such increase is reasonable and necessary; and the Mayor and the City Controller are hereby authorized to draw warrant, check or voucher in said amount or sO much thereof as may be necessary to pay and discharge the legal obligation of the City of Pasadena, Texas chargeable thereto. SECTION 3. That the Mayor of the City of Pasadena, Texas is hereby authorized and directed to execute and the City Secretary to attest for and on behalf of the City the annexed contract document and  counterparts thereof.  SECTION 4. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate  of Interested Parties, if applicable.  SECTION 5. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  smdoi22-0PAdaPlamning.Crantworksa    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A. D., 2024.  day of  A. D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A. D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  semdord2-102alamming.Cramtuoria,4    Michael Cronin criCmoeinudeLan (512)684.3449  Director and Vice- President, Surety Claims Counsel  September 27, 2024  via email: rendonepasadenatzar and CMRR Attn: Victor R. Rendon, Director of Project Development  City of Pasadena, Texas 1149 Ellsworth Drive Pasadena, TX 77090  RE: Bond No.: 4467537 Obligee: Principal: Project:  City of Pasadena, Texas Christensen Building Group, LLC City of Pasadena Police Annex  Dear Mr. Rendon:  As you are aware, SureTec Insurance Company / Markel Insurance Company ("Markel Surety"? issued payment and performance bonds on behalf of Christensen Building Group, LLC ("CBG") in connection with the above-referenced Project. As previously advised, Markel Surety has received claims on bonds issued on behalf of CBG. Accordingly, this correspondence serves as a formal request that all funds paid on the referenced bonded Project, including the final disbursement, be directed to Markel Surety, as attorney-in- fact for CBG. Markel Surety will ensure protection and proper disbursement of the Project funds to any Attached, please find a copy of the General Indemnity Agreement, which grants Markel Surety a power of attorney, designating us as Attorney-in-fact with the irrevocable right, power, and authority to exercise all oft the rights and powers of our principal and all indemnitors, as identified in the agreement. The General Indemnity Agreement also specifically provides that all monies due and tol become due under any contracts covered by bonds issued by Markel Surety are trust funds, for the benefit of and for payment of all Please note that we are making this request in two capacities. We are making the request as surety, seeking to ensure proper disbursement of the funds in association with the bonded project. We are also All checks, including the final payment under the terms of the contract, will still be made payable to CBG, but it will be mailed to Markel Surety. (i.e. Christensen Building Group, LLC c/o Markel Surety).  subcontractors and/or vendors that are owed money on the Project.  obligations for which Markel Surety would be liable under any bonds issued. making this request in the name of, and on behalf of CBG, as attorney-in-fact.  Please mail payments to: Markel Surety Attn: Michael Cronin 9500 Arboretum Blvd, Suite 400 Austin, Texas 78759  Markel Surety  Markel Insurance Company SureTec Insurance Company 9500 Arboretum Blvd., Suite 400, Austin, TX78759 www.markelsrety.com srttydaimemarelcom  MARKEL  EXHIBIT "A"    Michael Cronin MacCoonsnancion (512)684-3449  Director and Vice- President, Surety Claims Counsel  Should the City prefert to issue payment via wire/ACH, please provide any documents required Ify you have any questions with respect to the above, please do not hesitate to contact me. Nothing herein shall be deemed to be an estoppel, waiver, or modification of any of Markel's rights, and  for that process.  Markel hereby reserves all ofi its rights at law and in equity.  Sincerely, Yours Very Truly, Michael Cronin AC Enclosure  Director and' VP, Surety Claims Counsel Cc: Mark Christensen, CBG (via email) Patti Walters, CBG (via email) Michelle Brockway, CBG (via email) Chris Ward, Clark Hill, PLC (via email) Scott Olson, NPCI (via email) Jack Nicholson, NPCI (via email)  Markel Surety  Markel Insurance Company SureTec Insurance Company 9500A Arboretum Blvd., Suite 400, Austin, TX: 78759 - swrtydaims@matelcom Please review our privacy policy at MAcLCOmANARNSA  MARKEL    CHRISTENSEN BUILDING GROUP September 24, 2024  City of Pasadena 1149 Ellsworth Drive Pasadena, TX77506 Dear Mr. Rendon: following address:  Attn: Victor R. Rendon, Project Development Re: Project: Pasadena Police Annex  We request that yous send all contract proceeds earned under our contract withy you directly to our surety att the  Christensen Building Group, LLC C/O Markel Surety Attn: Michael Cronin 9500Arboretum Blvd, Ste. 400 Austin, Texas 78759 512-684-3449  Your checks wills still be made payable to us as they have been. This directive may only be changed by written consent of Markel. Your signature below, indicating your agreement to make payment int this manner, isa Thank you for your cooperation in this regard. You may receive at follow up phone call or e-mail from Markel to  condition to our surety's consent tot further release of contract funds or retainage. confirm thesei instructions and answer any questions your may! have.  Christensen! BuildingGrewg,lC 240  Signature Title  President  Cc: Markel Surety- - Attn: Michael Cronin Agreement and Acknowledgment: Owner: CityofPasadeno, Texas  By:  date  Authorized Representative  Title  CHRISTENSEN BUILDING GROUP  15425 North Freeway. Suite 330. Houston, Texas 770901 Phone: 281-206-4418/Fax: 281-823-7582 ww.chstensenburdng, .com    AGENDA REQUEST    ORDINANCE  RESOLUTION  dL NO: 2024-  CAPTION: AMEND ORDINANCE 2024-069, AGREEMENT WITH BINKLEY & BARFIELD, INC. FOR DESIGN SERVICES FOR THE GOLF COURSE PARKING IMPROVEMENTS (CIP #R074) FOR AN ADDITIONAL APPROPRIATION OF $70,000.00 FROM ACCOUNT 11700-7107.  RECOMMENDATIONS & JUSTIFICATIONE BINKLEY & BARFIELD, INC. WILL BE DESIGNING AN 8" WATERLINE THAT WAS NOT IN THE ORIGINAL SCOPE OF WORK.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED: ALL  REQUIRES APPROPRIATION: K See attached Certification  h Victor R. Rendon REQUESTING PARTY (TYPED) 8lomeh BUDGET DEPARTMENT  COUNCIL ACTION  DATE:10/21/2024  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED:   DATE DEFERRED:  DATE  AAwmp  MAYOR    CITY OFI PASADENA CERTIFICATION OF FUNDS  DATE:  October 21, 2024  AMOUNT: $70,000.00 DEPARTMENT NO: 11700 ACCOUNT NO.7107 TASKNO. CIPNO.1 R074  PROJECT DESCRIPTION: Amend ordinance 2024-069, design agreement with Binkley & Barfield for the GolfCourse Parking Improvements Project to add an additional $70,000.00. Funds from the operating account will be transferred into 190-33180 and then added into  190R074-790591  Icertify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance isi in the Treasury of the City of Pasadena to the credit of the above fund from which it is proposed to be drawn, and such money  is not appropriated for any other purpose.  Rca Robert Chambers Interim, City Controller    CITY OFI PASADENA AMENDMENTTOCIP  DATE: October 22, 2024  DEPARTMENT NO: 11700 CIPNO.: R074  Project Name: Golf Course Parking Improvements Amendment to 2024-2028 CIP (Ord #: 2024-002) as follows:  Adopted Book  Proposed Change  New Project Project Name/Description Addition to Current Project Changes in! Funding Source Changes in Funding Year XOver Budget Reallocation  $225,000.00  $70,000.00  nstificatonDescnpion: The existing waterline is too small and does not have the capacity toi install firel hydrants. The consultant will be designing an 8" waterline which was not in the original scope of work. Ordinance 2024-069 added the Golf Course Parking Improvements  project into the 2024-2028 CIP book.  ShiOm Sherry Womack Budget & Financial Planning Director    ORDINANCE NO. 2024-  An Ordinance amending Ordinance No 2024-069, which authorized a contract with Binkley & Barfield, Inc. for design services for the Golf Course Parking Improvements (CIP #R074), for an additional appropriation of $70.000.00 from account #11700-7107.  WHEREAS, Binkley & Barfield, Inc. will be designing an 8"  waterline that was not in the original scope of work; and  WHEREAS, the City Controller by the attached certificate  of funds has certified to the City Council that money required for this expenditure is in the City treasury and is budgeted or will be appropriated after approval of this Ordinance for this purposei  NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby finds and adopts the  preamble to this Ordinance.  SECTION 2. That amending Ordinance No 2024-069, which authorized contract with Binkley & Barfield, Inc. for design services for the Golf Course Parking Improvements (CIP #R074) by adding $70,000.00 from account #11700-7107 as shown on the attached Exhibit "A", is  hereby authorized and approved.  SECTION 2. That the City Council finds that such increase is reasonable and necessary; and the Mayor and the City Controller are hereby authorized to draw warrant, check or voucher in said amount or so much thereof as may be necessary to pay and discharge the legal obligation of the City of Pasadena, Texas chargeable thereto.  Amendo:d24-0690.Designsery.CorcourCoursearking.BinaleysBarfield24    SECTION 3. That the Mayor of the City of Pasadena, Texas is hereby authorized and directed to execute and the City Secretary to attest for and on behalf of the City the annexed contract document and  counterparts thereof.  SECTION 4. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate  of Interested Parties, if applicable.  SECTION 5. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  Amendor424-069.Designserv.CircourseParking.BinaleyBarfield24    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A. D., 2024.  day of  A. D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A. D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Amendor424-069.Designserv.CarcorCourseParkingp.BinaleysBarfield24    BinkleyBarfield DECM  September 19, 2024 Victor R. Rendon Director of Project Development City of Pasadena 1149 Ellsworth Drive Pasadena, Texas, 77506  Via: E-Mail  Re: Proposal for Professional Services Additional Scope and Fee  - Municipal Golf Course Improvements  Dear Victor R. Rendon:  BinkleyBarfield IDCCM is requesting additional fee for the completion oft the design of the golf course improvements due to thei increase in scope and an increase ini the level of effort of the previously agreed upon scope. Tonote, the original cost estimate ranged between $900,000 and $1,300,000: and has now reached $2,000,000 at the 60% design phase due to the increase in scope andi increase ini the level of This proposal includes the Municipal Golf Course Parking Lot project's Design, Bid, and Construction  complexity of the project during design.  Phases.  Scope of Work for Design Phase  BinkleyBarfield DCCM will provide the professional design services listed below.  Attend al kick-off meeting to confirm and coordinate the requirements of the project. Coordinating with the City of Pasadena and project stakeholders as needed Coordination with the City of Houston for permitting Coordination with other City of Houston projects in the area Coordination with easement owners in the area (as needed)  54" Waterline  Coordination with Ziegler Cooper Architects and design grading for the proposed Golf Course This level of effort has increased from the original scope understanding. BinkleyBarfield I DCCM has become involved more heavily in the approval process now that the project is as singular project and not two separate projects.  Pavilion.  Attending Project Coordination Meetings (as needed) Creating and maintaining the project schedule Coordinating the work of the sub consultant team: Surveying by Baseline Corp. (as needed) - Geotechnical Services by Atser was not needed  survey was provided by architect's sub, and this scope was not needed Geotechnical report was provided by the architect's sub, and this scope Cleary Zimmermann will be addressing electrical design. No fee required.  Electrical Design by E&C Engineers & Consultants, Inc.  Utility Investigation and Relocation  1710 Seamist Drive, Houston, Texas 77008 I 713.869.3433 L TxEng F-257 I BinkleyBarield.com  EXHIBIT "A"    BinkleyBarfield DEEM  Victor R. Rendon September 19, 2024 Page 2 of5  SUE - Fee was not originally scoped. Now that we need SUE, the fee has been Overhead Electrical and" Telecommunication Relocation (as needed)  included in this proposal. Final design of thet following elements: Demolition plans Site and grading plans  Structural design of retaining walls (as needed) Relocation of golf/cart pedestrian pathways  Parking lot Pavilion Detention Pond  Stormwater management plan, including detention SWPPP /Erosion Control Permitting with the City of Houston 8"Waterline design  Parking Lot Lighting Design Management of Electrical Sub-Consultant  Including the identification of the existing 16" DIP WL along the east side of the property which may require significant SUE.  Bidding Phase Services  Attend Pre-bid Meeting. contract. Provide Addendums for bidding. Review bid evaluation. Provide Engineer's Recommendation of Award. Basic Construction Phase Services  Provide (5) copies of contract documents tot the Cityf fori its use in executing the construction  Attend a pre-construction conference conducted byt the City.  Review construction shop drawings furnished by the Contractor for conformance with design Review requests fori information (RFI's) and change order requests furnished by the Contractor. Attend bi-monthly construction progress meetings. These meetings will coincide with periodic site visits for BinkleyBarfield I DCCM to observe construction progress. Any observed deviations from Furnish the City with a set of "As-Builts" based on markups provided by the contractor.  documents.  the contract documents will be reported to the City. Attend substantial and final completion site visits.  1710 Seamist Drive, Houston, Texas 77008 I 713.869.3433 TxEngF-257 I BinkleyBarfeld.com    BinkleyBarfield DECM  Victor R. Rendon September 19, 2024 Page 30f5  Quality Assurance/Quality Control/Change Control and Milestone Tracking Processes: BinkleyBarfield DCCM Management team has the resources to ensure quality assurance, project budget management, cost control, change and milestone tracking for the project by utilizing Deltek Vision software, a premier project driven software. At the start of every project, the level of effort and scheduling is determined, and a project budget is created at inception for ultimate control and Our accounting system complies with all Federal and State governing regulations and is GAAP compliant. BinkleyBarfield DCCM system of internal control is reliable to safeguard company assets, to accomplish the company client goals and objectives, and to properly report financial activity. The Quality Plan defines the processes and the methodologies that BinkleyBarfield! DCCM employees shall apply throughout the realization of the Municipal Golf Course Parking Lot project. It  tracking.  forms a common standard for the entire project lifecycle.  Quality Assurance:  Our program of Quality Assurance (QA) involves regular in-house reviews of our observations set at specific milestones which meet our clients' expectations ensuring the customer receives the best quality possible from our Inspection Team and defines roles and responsibilities to test performance  and ensure as successful project and deliverables to our customer.  Quality Control:  The BinkleyBarfield  DCCM Team is committed to the application of responsible and professional Quality Control (QC) for all project deliverables, including sub-consultant deliverables, to ensure the Quality Control activities involving weekly in-house project updates and peer review of the project shall be performed continually throughout the life of the project with the Executive Management Principal in Charge to verify that the Inspections, and project deliverables are of high quality and meet  accuracy and proper installation of the Storm Facilities & Paving process.  or exceed Client quality standards. Subconsultant Services  E&C Engineers & Consultants, Inc. will provide construction documents, including an electrical site plan and schedule for lighting for the proposed parking lot and pedestrian pathways as BinkleyBarfield ID DCCM SUE Department will provide utility exploration services to locate  requested by the City.  the existing 16" WL on the east side of the golf course property.  1710 Seamist Drive, Houston, Texas 77008 I 713.869.3433 TxEng F-257 I BinkleyBarfeld.com    BinkleyBarfield DECM  Victor R. Rendon September 19,2024 Page 4 of5  Schedule  The project's design phase schedule has not changed.  Itwill be completed six months from thei issuance of al Notice-to-Proceed (NTP) which was May 8, 2024.  Deliverables will include: Topographic Survey. 30% Document Submittal. 60% Document Submittal.. 90% Document Submittal.. Final Document Submittal for Permitting. Permitting - City of Houston.. Bidding and Award Phase.. Construction Phase.. Total Project Time.. Project Deliverables Project Start (date receiveds signed ordinance) Conceptual Design Meeting Topographic Survey Geotechnical Survey 30%1 Design Submittal Client Review #1 60% Design Submittal Client Review #2 90% Design Submittal Client Review! #3 100% Final Document Submittal for Permitting Permitting Process Bidding and Award Phase Construction Phase- Start Construction Phase- Completed Record Drawings  1 Month 2 Months 21 Months 1Month 1Month 2Months 21 Months 61 Months 191 Months from NTP  Substantial Completion to Final Walkthrough.. 1Month  Phase Length 35 65 65 50 14 35 14 35 14 34 84 49 120 28  Completion Dates  Day 0 Day 35 Day 65 Day 65 Day 50 Day 64 Day 99 Day 113 Day 148  Wednesday, May8 8,2 2024 Wednesday, June: 12,2024 Friday, July 12,2024 Friday, July12,2024 Thursday, June 27,2024 Thursday, July11,2024 Thursday, August 15,2024 Thursday, August 29, 2024 Thursday, October 3,2 2024  Day 162 Thursday, October 17,2024 Day 196 Wednesday, November 20,2024 Day 280 Wednesday, February12,2025 Day 509 Monday, September 29,2025  Day 329 Day 389 Day 537  Wednesday, April 2, 2025 Sunday, June: 1,2025 Monday, October 27,2025  1710 Seamist Drive, Houston, Texas 77008 I 713.869.3433 TxEngF-257 I BinkleyBarfeld.com    BinkleyBarfield ECM  Victor R. Rendon September 19, 2024 Page 50f5  Fee Summary  BinkleyBarfield DCCM proposes toi increase the overall fee of the project due to an increase in scope and level ofe efforti identified while completing the design of the work. The total increase in design fee, which includes thei increased engineering design and the added SUE scope of work, is $70,000. The total fee will continue to be a reimbursable fee, nott to exceed at total of $295,000. Progress invoices will be  submitted monthly. The total fees not to exceed are itemized as follows:  Original Proposal Sgned Ordinancel  Update 9/19/2024 $ $ 170,000 $ $ $ 7,000 $ 38,000 $ 10,000 $ 225,000 $  3/20/2024 $ 10,000 $ 8,000 $ 10,000 $ $ 130,000 $ 10,000 $ 7,000 $ 40,000 $ $ $ 215,000 $  5/8/2024  Baseline (Survey) Atser (Geotech) ERC(Eectrical)  BinkleyBarfield DOCM- Design-SUE BinkleyBarfield DCCM-Design BinkleyBarfield DOOM- Permitting BinkleyBarfield! DOCM-Bid BinkleyBarfield DOCM- Construction $ Additional/Special Services  10,000 230,000 7,000 38,000 10,000 295,000  Attachments:  SUE Scope of Work  Regards, BinkleyBarfield, Inc. Caonflooe Aaron Moore, P.E., ENVSP Project Manager mogeabnearrescen cc: Davel Hamilton, PE.  Sirdlot Steve Albert, P.E., CFM Vice President- Infrastructure aberdbnssbatedcon  1710 Seamist Drive, Houston, Texas 77008 I 713.869.3433 TxEngF-257 I BinkleyBarield.com    BinkleyBarfield DCCM  SUBSURFACE UTILITY ENGINEERING SCOPE OF SERVICES  SUBSURFACE UTILITY ENGINEERING (SUE)  Subsurface Utility Engineering (SUE) is the Management of Risk regarding utilities. Iti is performed pursuant to the American Society of Civil Engineers (ASCE) Standards Number CI-38-22. Under these Standards, four Quality Levels are defined that establish the various accuracy in the X,Y,Z QL-D Records Research - Collection of available utility records. QL-C Surface Feature Survey Survey of utility surface features (manholes, fire hydrants, marker post, etc.) with the data tied to the QL-D research. QL-B Designation - Crews visitt thet field and utilize multiple types of electromagnetic: equipment tod directly hook to utilities and designate their horizontal (X,Y) position. QL-A Test Holes - Expose the utility by use of vacuum excavation and establish the  position ofa a utility.  horizontal and vertical position (X,Y,Z).  PROJECT OVERVIEW  The Subsurface Utility Engineering Department (SUE) of Binkley & Barfield, Inc. (BBI) proposes to provide Subsurface Utility Engineering Quality Level B (QL-B) Designation on the 16" Water Line in  the Pasadena Municipal Golf Course Project in Pasadena, TX as shown below.  The purpose of the SUE QL-B is to establish the X,Y Position of utilities.  1710 Seamist Drive, Houston, Texas 77008 I 713.869.3433 I TxEngF-257 BnkeySartesDcCM.com    City of Pasadena September 17,2024 Page 2 of3  BinkleyBarfield EEM  1.0 PROJECT UNDERSTANDING  This SUE scope of services and associated fee estimate has been prepared taking into consideration thet following understanding. If the Scope of Services is revised the fee willl likewise 1.1 Client will provide to BinkleyBarfield I DCCM any utility records that were previously 1.2 Only utilities made of ferrous materials can be designated (plastic pipes cannot be 1.3 SUE QL-B Designation willl be performed in the areas as shown in the drawing above and  ber revised.  collected fori the project area. designated). as described below, 5001 feet.  Inside the Pasadena Municipal Golf Course, mark the 16" City of Houston Water line inside the Golf course from the eastern side fencel line going southi for approx.  Right of entry tol be provided by the client. No work tol be performed on the Ellington Airforce base.  1.4 Survey and CAD will be performed by others (BinkleyBarfield I DCCM SUE will not be 1.5 Deliverable will be paint /flags indicating the horizontal location of the utilities, ready for survey, al KMZ field drawing oft the utilityl locations and ownership along with pictures of the  providing survey or CAD services). designated area and general location.  2.0 SCOPE OF SERVICES  BinkleyBarfield I DCCM will perform the following Services for this Project:  2.1 Quality Level B Designation  Quality Level B (QL-B) is to indicate by marking with paint, the presence and approximate horizontal location of subsurface utilities by use of geophysical prospecting techniques including, without limitations, electromagnetic, sonic, and acoustical techniques. BinkleyBarfield IDCCM will provide the following designating services to aid the Client in Provide all equipment, personnel ands supplies required for performing designating services. BinkleyBarfield DCCM shall determine which equipment, personnel and Designate the approximate horizontal location of existing utilities within the project Mark the utility locations ont the ground pursuant tot the utilityi identification color as prescribed by APWA, survey utility marks and map collected data. Markings on the ground are to be used for design and verification purposes and not for construction excavation purposes. The use of information provided does not relieve any contractor from the duty to comply with applicable utility damage prevention laws and regulations, including, but not limited to, giving notification to utility owners or' "One-Call Notification Centers" before excavation. The accuracy of subsurface data can be influenced by factors beyond our control, such as conductivity of materials and their surroundings, soil moisture content, proximity of other underground utilities or structures, depth of utility, etc.  the location of existing utilities:  a. b. C. d.  supplies are required to perform designating services.  limits as described above.  e.  1710 Seamist Drive, Houston, Texas 77008 I 713.869.3433 I TxEng F-257 BinkeyarhedDccM.com    City of Pasadena September 17, 2024 Page 3of3  BinkleyBarfield OCCM  Therefore, only the accuracy of data obtained by actual physical verification (through vacuum or hydro excavation or otherwise) can be guaranteed to  appliçable engineering and/or surveying standards.  2.2 Standard of Care  BinkleyBarfield I DCCM will provide all SUE services to the prevailing standard of care applicable to the standard guidelines of ASCE C-I 38-22 circular for' "Standard Guideline  fort the Collection and Depiction of Existing Subsurface Utility Data".  2.3 Data Management  BinkleyBarfield DCCM willa analyze and correlate all ofi the SUE field-collected information with provided Plan Sheets for ensuring continuity of the information collected.  3.1 PROJECT DELIVERABLES  3.2 The Project Deliverables will consist of the following:  Paint /Flags indicating the horizontal location of the utilities, ready for survey. 0. Field Drawing KMZ File identifying field location of the designated utilities and  ownership.  Pictures of the designated area and general location.  4.0 FEE ESTIMATE  BinkleyBarfield IDCCM will provide the previously described Subsurface Utility Engineering QL-B  Designation on a Time and Material Basis as estimated below:  DESCRIPTION QL-B Services SUE Project Manager EITII SUE Sr. Designator SUE Two Person Crew  QUANTITY UNIT RATE  AMOUNT $243.00 $157.00 $132.00 $1,150.00 $1,682.00  1 1 1 5  Hrs. $243.00 Hrs. $157.00 Hrs. $132.00 Hrs. $230.00 Quality Level B Services  This feei is based upon the estimated effort of providing the previously described SUE Services on at time and materials basis. The Client willl be invoiced for the actual amount.  1710 Seamist Drive, Houston, Texas 77008 I 713.869.3433 TxEng F-257 Enke/PatfedDCCMcom    AGENDA REQUEST    ORDINANCE  RESOLUTION  NO: 2024-  2M  CAPTION: An Ordinance accepting a grant totaling $227,500.00 from the Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI) Homeland Security Grant Program for the Bay Area Bomb  Squad (BARBS) sustainment grant.  (Grant application approval per Resolution 2024-007)  RECOMMENDATIONS & USTIFICATIONE The Bay Area Bomb Squad has been awarded a grant for $227,500.00 to purchase two (2) remote firing devices, one (1) portable DR x-ray system, and funding for bomb squad technician training.  (This is a non-matching grant)  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATION: See attached Certification  Equh  COUNCIL ACTION  Emergency Management DATE:10/22/24  REQUESTING PARTY (TYPED) AzeL Carkt FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED: SV  SECOND  SECOND  DATE DEFERRED:  DATE  AAurw  MAYOR    ORDINANCE NO. 2024-  An Ordinance authorizing and approving a grant totaling $227,500.00 from Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for the Bay Area Bomb Squad (B.A.R.B.S.) Sustainability Project (Grant #3415004), to be administered by the Emergency Management  Department.  WHEREAS, that the City Council of the City of Pasadena,  Texas agrees that in the event of loss or misuse of the Office of the Governor funds, the City Council of Pasadena, Texas assures that the funds will be returned to the Office of the Governor in  full; NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City of Pasadena, Texas hereby authorizes and approves acceptance of a grant facsimile of which is attached hereto as Exhibit "A", totaling $227,500.00 from Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for the Bay Area Bomb Squad (B.A.R.B.S.) Sustainability Project (Grant #3415004), to be administered by the Emergency Management Department.  SECTION 2. That the Mayor or his duly authorized designee is hereby authorized and directed to execute for and on behalf of the  City all documents necessary to accept said grant.  SECTION 3. That the State will grant the amount of $227,500.00 for the 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for Bay Area Bomb Squad (B.A.R.B.5.) Sustainability  Project (Grant #3415004).  GrantEmerwgt.00.Homelandsecstaterx-UASI -BARBS2024.doc    SECTION 4. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  Gramtbergt.cG.salemdcate-uast -BARBS2024.doc    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Granthant.G.6walen-uat -BARBS2024.doc    FY2024 Houston UASI Application Project name: Bay Area Regional Bomb Squad, B.A.R.B.S.  For Official Use Only (FOUO)  Totala amount requested: $227,500  Project detail Scalable': Jurisdiction:  yes Ono eGrants # (ifs sustaining project)*: 3415004  Pasadena  Department division: Officer of Emergency Managment  Point-of-contact name: P.Sinitiere Email address: Project type and cerlifications This project: This project:  Mobile phone: (281)415-5776 Zip code +43: 77506-4809  panlere@pasadenat.yox isar new project is the final phase of ap project is sharable is sharable and deployable  is ther next phase ofa project is sustaining a project is deployable is neither sharable nor deployable  This project requires EHP Review: Oyes o no Core capability: Interdiction and Disruption  Project summary  Briefly describe your projecti including enough detail for a project reviewer tol know what youp plant to do. ifthisi is as sustainment project and the cost B.A.R.B.S. is requesting $227, ,500. 00 to purchase one (1) portable DR imaging x-ray system, three (2) remote firing devices for use inr render safe operations and funding for a regional three day class for Bomb Technician training. The scope oft the project has not changed, but the overall The Bay Areal Regional Bomb Squad (B.A.R.B.S.),isa a multi-agency regional bomb squad that consist ofp public safety! bombt technicians (PSBT) from the Pasadena, Baytown, Lal Porte and League City Police Departments. All the equipment int this project will continue tof fund the essential equipment needed tos sustain the team's status as a Typel IBomb Squad and will allow for the continuation ofp providing ane essential asset to neighboring law enforcement agencies andi industrial partners who are anchored throughout thee entire Houston UASI Region. This application  increased by more than! 5% ort the scopel has changed significantly, includet the reasoning ore explanation here. cost oft this project has increased by more than! 5%, due tot type and quantity oft thei items being requested.  will focus on Pasadena, Baytown and League City Police! Departments.  1.Scalable projects budgets can! ber reduced without compromising the entire project. 2. Please ask your local grant manager for this numberi if thisi is a continuation or sustainment project. 3.1 The USPS zip+41 lookup tool can be accessed here: ntps/noois.usps.comgolZ-pLonupActontinputaction  EXHIBIT "A"    FY2024 Houston UASI Application Project name: Bay Area Regional Bomb Squad, B.A.R.B.S.  For Official Use Only (FOUO)  Project need justification project (Long-term approach).  Int the following section, describe threats or hazards your) jurisdiction and the region faces (Problem statement), assess capability levels, existing gaps, how this project addresses those gaps (Impact statement), who willl benefit (Target groups), and how you will sustain the  Problem statement (threats and hazards)  Describe the existing terrorism problem that this project will address, The problem statement should include threats, hazards, risks, or issues noted. If referencing findings outside the region's THIRA, please cite them. This statement should "paint a picture" for the remaining The Houston! Ship Channel is one oft the! busiest seaportsi in thev world and home tot thel largest concentration of petrochemical plants and refineries int the world. Ina addition, al large number oft thet facilities have international ties due tot the production of oil and gas products. Ultimately, this presents al high risk for terrorist attacks andi increases the terroristic threat levelf for the City of Pasadena due toi its close proximity tot the plants. Harris County represents ani ideal operational area for any terrorists seekingt to exploiti its highly porous and heavily trafficked area. The Houston Ship Channel is extremely close tot the population hubsi in Harris County and extensive high-use commercial transportation routes such as State Highway 225, makes Harris County al high visibilityt target. Due tos some oft the type of products being manufactured as these facilities, the City of Pasadena would be extremely vulnerable ift thel Houston Ship Channel was targeted for a variety of complex coordinated terrorist attacks. PBIED (Person Borne IED), or VBIED (Vehicle Bome IED) bombing events ato one oft these facilities. The methods ofa attack representa real terrorist threat tol Harris County and the Pasadenal Police Department asi itist the closest law enforcement agency tor many of these critical infrastructures. The BARBS ist the only bomb squad team in Southeast Harris County and willl bet the first responders or one oft the firsta agencies  sections tor reference.  lor respond to any type of bombingi int this area.  Existing capability levels (capability assessment) aware ofc capabilities; please be specific iny your description.  Describe the existing capabilities int the region and/ory yourj jurisdiction that address the problem described: above. A reviewer may not be There are currently four Typel Ibombs squads (Houston P.D., Harris County S.0.BAR.B.S., and Montgomery County S.O.)int the Houston UASI region. The member agencies ofB.A A.R.B.S. share two (2) explosive containment vessels, two (2)t thirty-five (35) foot response trailers, each outfitted with al large robot, x-ray technology, disruptor's, energetic tools and other occupation specific equipment. This allows the team to respond to large scale eventsi involving hazardous devices and conducte explosive device pre-detonation response operations toj jurisdictions that dor not have the equipment orp personnel tol handle the specific threat or hazard. The team alsol has seven (9) certified PSBT's and each has a response vehicle thati is equipped with a bomb suit, x-rayt technology and energetic tools to rapidly respond toa and resolve smaller incidents. Should the needa arise, the teami is uniquely setupt tor respond to multiple threats at thes same time andt this project would expand the  capabilities tou utilizet thet team and othert trainedo officers across the region.    FY2024 Houston UASI Application Bay Area Regional Bomb Squad, B.A.R.B.S. Existing capability gap (gap between threats and capabilities) Statement. This should describe the gap(s) in the context oft this project.  For Official Use Only (FOUO)  First, cite the UASI Stakeholder Preparedness Review (SPR) gap(s) that this project willa address. Second, describe the desirede end-state orp posture oft the regiona and whyt the existing capabilities do not fully address the threats. hazards, risks, ori issues described int the Problem Ouro current gapi isi identified on page 9 oft the 2023 Houston Regional SPR under Interdiction and Disruption' The region needs tos sustain or Ther region's posture ist to continue to sustain all Special Response Teams" "Type Status" so that they can effectively detect, deter, and eliminate threats and hazards to the region. The requested equipment fort this project will replace thet teams aging equipment with current technology ine explosive detection. The remote firing devicef from Pasadena has beeni ins service since 2008, the remote firing devicef for League City has beeni in-service since: 2017 and remote firing device from Baytown has been in-service since: 2018. The newe equipment willa also improve the team's overall response and abilityt toc diagnose and defeat actual devices, whichi includes a variety ofp potential attacks such as traditional Improvised Explosive Devices (IED), and PBIED (Person Borne IED) and' VBIED (Vehicle Bornel IED) attacks and deployments. The training creates ane expanded! knowledge base ofs such type explosives and familiarity whenr responding with multiple officers from multiple  enhance current Special Response Teams, asi identified throught the regional certification process.  agencies across ther region.  Impact statement (how this project closes the gap)  Explain the local/ regional impact oft this project and how it willl reduce the gaps described above.  Thep purchase of the requested equipment will reduce the capability gap by equipping the PSBT's with the necessary tools required to respond. diagnose, and defeat actual devices. Ina addition, the funding will replace aging equipment thati iss stationed: along side critical infrastructure that is known tol have al higher risk ofa attack from terrorist organizations orl lone wolf offenders. Allo oft thei items requestedi in this grant are requiredt to maintain the teams Typel IStatus. Under render safe procedures, teams are required to! have disruptor and remote firing devices. The portable x-ray system metric requires Typel teams tol have a portable x-ray system as part oft their capabilities. Additionally, the guideline for continuing  education requires PSBT's to have 401 hours ofc continuous training annually.    FY2024 Houston UASI Application Bay Area Regional Bomb Squad, B.A.R.B.S. Target group (affected population)  For Official Use Only (FOUO)  Identify the target) jurisdictions, groups, and whole community elements that willl benefit from this project (e.g., ifhardening a facility, include the number ofp people who attend that facility annually, where they come from, and what whole community elements they embody). Do not include the The Bay Area Regional Bomb Squad (B.A.R.B.S.). isar multi- agency regional bomb squad that is allocated nine certified public safety bomb lechnicians/PSBT) from the Pasadena, Baytown, Lal Porte, and League City Police Departments. This project willt target jurisdictions from the member agencies, neighboring agencies and industryf facilities int thel Houston UASI region toi include Harris County, Galveston County. and Hence, this projecti is imperative becausei it will directly benefit thel listedt targeted groups along with the other bomb squads in the region by providing ani immediate backupt toa any request thatr may arise whether it's as specific piece ofe equipment or manpower with above average  population oft the region or) jurisdiction unless every person will measurably benefit.  Brazoria County.  knowledge needed to assist with an operation.  Long-term approach  Explain how your wills sustaina andi maintain this project beyond UASI grant funding to ensure continuity oft the capability. will remain proficient with their capabilities and will continue to respondt toi incidents ina a timely and effective manner.  The four-member agencies are committed tof fundinge each oft the PSBT's that make up the Bay Area Regional Bomb Squad and each agency will continue top provide resources to any law enforcement: agency or private sectorf facilities that request our assistance. Each oft the agencies will continue tor maintain through their ownf fundinga all oft the equipment thati is allocated through the UASI grant process. Inc doings so, the team    FY2024 Houston UASI Application Bay Area Regional Bomb Squad, B.A.R.B.S. Priority and strategy linkage Homeland Security Priority Action  For Official Use Only (FOUO)  Int this section, indicate how this project aligns with the state and regional strategies.  Choose the "Priority Action- OBJEÇTIVE" that most closely aligns with this project. Use this format: "1.2.3 Expand and enhance the network of human: sources that can provide detailed andi relevant information onk known or suspected terrorist and criminal enterprises." Please use the 4.1.1 Strengthen the state's regionally focused, multi-discipline, all hazards response system that ensures each regions statewide has access tot the necessary response teams and resources, toi include enhancement ofr resource request and mutual aid processes.  objective, not the goal.  Which UASI goal & objective does this application address?4 Goal: Goal 8: Enhanced Law Enforcement Response Capacity  Objective: 82Enhance and sustain Federal Emergency Management Agency (FEMA) team typing ofe established specialized units,  including SWAT and bombs squads, tos support the unique response requirements associated with the risk profile oft the Houston  UASI region.  How will your project help the Region attain this goal?  In continuing to fund the required equipment and trainingf for one oft the four regional bomb squads, the Bay Area Regional Bomb Squadi is the only team thati is positioned alongside the petrochemical criticali infrastructure int ther region. The Bay Area Regional Bomb Squadi is the only team thati is uniquely positioned to provide ani immediate response tor reduce ore eliminate a threatt that occurs tot the sensitive petrochemical  critiçal infrastructure.  Regional Integrated Preparedness Plan (IPP) -Thisi isal bonus question,i itis not required. Indicate the "Priority" thata aligns with this project. Use a format that contains both the number and the words that most closely  aligns, e.g. Prionty1.1 Regional. Joint Information System. Priority 82 Regional Specialized Team Coordination  Identify the "Activity". that aligns with this project. Use af format that contains both the number and the words that most closely aligns, e.g. PLN1.1.1 Develop recommendations: fort the RCC and EC about proposed changes tot the EPIP.  NIA  *Ac copy oft the current UASI strategy can be found ont the Houston UASIWebsite; located within the FY 20241 folder Refert to thel Metrics in the UASI Strategy and thel HSGD measures document for appropriate examples.    FY2024 Houston UASI Application Bay Area Regional Bomb Squad, B.A.R.B.S. Detailed impact description mentioned int the impact statement above int the appropriate section. Measures (outputs and outcomes) Name of output or outcome item 1. Number oft teams created, maintained or enhanced 2. Regional Bomb Tech Training 3. Number ofp people trained  For Official Use Only (FOUO)  Int the following section, you will describe the end-state ofy yourp projecti in detail Int this section, make sure you directly address everything  Please refer to the HSGD measures example documentss fora appropriate examples:  Quantity Type Output Output 20 Oulput Outcome Outcome Outcome Outcome Outcome Outcome Outcome  4. 5. 6. 7. 8. 9. 10. Special teams  For FEMA-defined typedt teams, cite the team name andi identifier of the typedr resource from thel Resource Typing! Library Tool (RTLT). Teams must be ont the officiall list ofr regional certified typedt teams. Otherwiset type" "N/A"i inl Name oft team and leave the remainder oft this section blank.  Name oft team: Bay Areal Regional Bomb Squad, B.A.R.B.S. FEMA typed resource (from RTLTS): Bomb Response Team ID oft typed resource (from RTLT): 6-508-1176  Team type:  Type I  Describe how you are sustaining or enhancing your team type with this project:  Ther remote firing devices, portable x-ray system, and the! PSBT training arer required to maintain the team's Typel Istatus.  During the last 2 years, has your team been deployed within the region? How many times, and what jurisdiction(s) in the region did yous support? (do noti include deployments within your primaryjurisdiction, Bay Area Regional Bomb Squad supported jurisdictions int the region on 17 occasions, whichi included the following agencies: Seabrook, Galveston, Deer Park, Dickinson, Houston, Port Neches, La marque, Texas City, Alvin, Port Bolivar, Dayton, Lake Jackson, Freeport, Pearland,  San Leon, Mount Belview and Angelton.  Does your team regularly train & exercise with other teams throughout the region?  Yes  e  No  TheF RTLTcan be viewed here: htps-lititpreptolkitiemagow/Public    FY2024 Houston UASI Application Bay Area Regional Bomb Squad, B.A.R.B.S.  For Official Use Only (FOUO)  Interoperable communication  Ist this project consistent with the SCIP and the RICP? Please describe how this project fills ag gap identified int the RICP Gap Analysis?  N/A  Grant-funded personnel  Ifthis project included grant-funded personnel, what measurable accomplishments. are expected for the regioni in the one-year performance period?  N/A  Milestones  Please list 3-5 milestones for this project. Annual sustainment, projects (personnel or contracts) are limited toa 120 or 24-month period  ofp performance (09/2024-08/2026). The personnel: start date is 1/1/2025 Milestone or key activitles e.g.. begin purchasing, process and: selectav vendor Evaluate manufactures equipment Procurement. (Competitively! bid: and seek council approval) Receive equipment and train one equipment  Linked measures Start date 1,2 1.2 1.2 1.2,3  Finish date 12/31/2025 11/01/24 04/01/25 07/01/25  1/25/2025 10/01/24 12/01/24 05/01/25  VASI2023appformD720221206    AGENDA REQUEST  MLne  ORDINANCE  RESOLUTION  QN NO: 2024-  CAPTION: Classification and compensation plan for paniah/Bilingual translators at a rate of two hours of compensatory time per week. This  ordinance replaces ordinance 2019-215.  RECOMMENDATIONS & JUSTIFICATION: This plan provides systematic compensation, within defined rules, to Police Officers who perform duties of a panish/Bilingual translator. This plan includes members of the Pasadena Police Department, Pasadena Fire Marshals, and Pasadena City Marshals. With this schedule, the Department remains competitive with other agencies in the interest of recruitment of new officers and retention of  existing personnel.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  - -  REQUIRES APPROPRIATION: D See attached Certification  COUNCIL ACTION  Mwilt  Jèrry Wright, Chief of Police REQUESTING PARTY (TYPED) DATE: 10-15.24 Swlah BUDGET DEPARTMENT  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED: CITY  MAYOR  SECOND  SECOND  DATE DEFERRED:  DATE  AEAwr    ORDINANCE NO.  An Ordinance authorizing Classification and compensation plan for panish/Bilingual translators at a rate of two hours of compensatory time per week. This Ordinance replaces  Ordinance #2019-215.  WHEREAS, this plan provides systematic compensation  within defined rules, to Police Officers who perform duties  of a panisn/Blingua translator; and  WHEREAS, this plan includes members of the Pasadena  Police Department, Pasadena Fire Marshals, and Pasadena City  Marshals; and  WHEREAS, with this schedule, the Department remains  competitive with other agencies in the interest of recruitment of new officers and retention of existing  personnel; and  WHEREAS, this Ordinance replaces Ordinance #2019-  215; NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA,  TEXAS:  SECTION 1. That the City Council hereby finds and adopts the preamble Section 2. That the City of Pasadena Police Department's classification and compensation plan for Spanish/Bilinqual translators at a rate of two hours of compensatory time per week, attached hereto as Exhibit "A" is hereby adopted. Section 3. That the City Council officially determines that a  to this Ordinance.    sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the  contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS    Exhibit A  SPANISH/BILINGUALCOMPENSATION  Eligible Personnel:  1)  Police officers who desire to receive compensation fort their bilingual abilities are required to achieve a proficiency! level consistent with the practical needs of the department, identified as the demonstrated ability to communicate effectively in situations regularly encountered by law enforcement officers in our community! (e.g. conduct a preliminary criminalinvestigation, resolve a disturbance call, take av witness statement, etc.) Fort MompomewocementneN satisfactory degree ofp proficiency incommunicating effectively in Spanish, two hours (2) of compensatory time per week willl be given.  2)  Determining Spanish Proficiency  a)  Anannual proficiency examination process utilizing prepared scenarios common to police duties and Spanish-speaking citizen volunteers (such as the Citizen Police Academy Alumni Association) to serve as role players willl bei implemented. The Chief of Police will designate an individual to managet the Spanish Language Proficiency Program, Spanish Language Proficiency evaluators arei individuals sufficiently qualified and  toi include oversight of thet training and officer certification.  b)  approved by the Chief of Police.  3)  Proficiency Levels a)  Uponc completion oft thet testing, the two Spanish Language Evaluators will provide al level  of proficiencyt for each officer tested.  b) Thel below listed proficiency! levels and recommendations willl bei implemented concerning each officer's individual performance in the Spanish language.  1. 2. 3.  Level I-not passing  Level Il-passing, but needs to bere-tested annually  Level Ill-passing: fluent and does not need to be re-tested fort five(5) years from  date ofe evaluation  1) 4) Ane employee receiving bilingual incentive compensation who is out on extended leaveand not subject to be called in to work (to include but not limited to Short Term Disability, Worker's Compensation, leave without pay, etc.) for more than 20 continuous business days; will not accrue the 2 hours comp time until such time they return from leave and resume essential job duties. Supervisors are required to notify Human Resources Director when affected employees resume such responsibilities sO the accrue comp time is restarted.  Payroll Effective Date: 12-23-24  Thel list of employees eligible according tot these requirements is maintained in the Chief's office.    PROPOSED POLICY  C2.1  SPANISH/BILINGUAL COMPENSATION  Eligible Personnel  1) Classified personnel (to include Pasadena Police Officers, Pasadena Fire Marshals, and Pasadena City Marshals) who desire to receive compensation for their bilingual abilities are required to achieve a proficiency level consistent with the practical needs of the department. This has been identified as the demonstrated ability to communicate effectively in situations regularly encountered by law enforcement officers in our community (e.g. conduct a preliminary criminal investigation, resolve a disturbance call, take a witness statement, etc.) For those personnel who demonstrate a satisfactory degree of proficiency in communicating effectively in Spanish (Level II or Level III), two hours (2) of compensatory time per week  will be given.  2) Determining Spanish Proficiency  a) An annual proficiency examination process utilizing prepared scenarios common to police duties and Spanish-speaking citizen volunteers (such as the Citizen Police Academy Alumni Association) to serve as role players will bei implemented. The Chiefof Police will designate an individual to manage the Spanish Language Proficiency Program, including b) Spanish Language Proficiency evaluators are individuals sufficiently qualified and  oversight of the training and officer certification. approved by the Chief of Police.  3) Proficiency Levels  a) Upon completion of the testing, the two Spanish Language Evaluators will provide a level b) The below listed proficiency levels and recommendations will be implemented concerning  of proficiency for each officer tested.  each officer's individual performance in the Spanish language. ii) Level II - passing, but needs to be re-tested annually  1) Level 1-r not passing ofevaluation  iii) Level III passing: fluent and does not need to be retested for five (5) years from date  4) Ane employee receiving bilingual incentive compensation who is out on extended leave and not subject to be called in to work (to include but not limited to Short Term Disability, Worker's Compensation, leave without pay, etc.) for more than 20 continuous business days; will not accrue the 2 hours comp time until such time they return from leave and resume essential job duties. Supervisors are required tor notify Human Resources Director when affected employees  resume such responsibilities sO the accrue comp time is restarted.    PROPOSED POLICY  C2.8  EDUCATION INCENTIVE PAY  1)1 The Education Incentive Pay program shall award incentive pay to full-time sworn employees for  obtaining an eligible college degree.  2)Education pay shall only be paid for college degrees from an accredited college or universityas determined by the U.S. Department of Education, which will be determined using their Database of Accredited Postsecondary Institutions and Programs ope.ed.gov/dapip) ors successor website.  3) Below are the degree levels qualified tor receive incentive pay: a) Associate's Degree: $50.00 per month ($23.08 biweekly) b) Bachelor's Degree: $100.00 per month ($46.15 biweekly) c) Post-graduate Degree: $150.00 per month ($69.23 biweekly)  4) Education Incentive Pay shall bei in addition to the maximum certification pay. 5) Education Incentive Pay program pay shall be limited to one degree.  6)7 To be eligible for Education Incentive Pay, the employee must provide a copy oft the official transcripts to the office of the Chief of Police with the attached form. The transcripts must indicate the awarding of the degree. A copy of the degree displaying the official seal must also be attached. The form and  attachments will be routed to Human Resources.    AGENDA REQUEST  RESOLUTION  siade  ORDINANCE  30 NO: 2024-  CAPTION: An Ordinance accepting a grant totaling $55,485.87 from the Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI) Homeland Security Grant Program for the Pasadena Public  Safety Video Initiative (PSVI) sustainment grant. (Grant application approval per Resolution 2024-010)  RECOMMENDATIONS & VUSTIFICATIONE The Pasadena Office of Emergency Management has been awarded $55,485.87 to purchase and replace 8 PTZ cameras and 10 cellular modems. The equipment being replaced was purchased and placed into service in 2016 and 2018 and now have reached end-of-support.  (This a non-matching grant)  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  Emergency Management DATE:10/22/24  REQUESTING PARTY (TYPED)A2CL Carky FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT  SEÇOND  SECOND  APPROVED: CITY ud2 MAYOR  DATE DEFERRED:  DATE  OAAur    ORDINANCE NO. 2024-  An Ordinance authorizing and approving a grant totaling $55,485.87 from Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for the Pasadena Public Safety Video Initiative (PSVI) sustainment grant, to be administered by the Emergency Management Department.  WHEREAS, the Pasadena Office of Emergency Management has  been awarded $55,485.87 to purchase and replace (8) PTZ cameras and  (11) cellular modems; and  WHEREAS, the equipment being replaced was purchased and  placed into service in 2016 and 2018 and now have reached end of  supporti and  WHEREAS, that the City Council of the City of Pasadena,  Texas agrees that in the event of loss or misuse of the Office of the Governor funds, the City Council of Pasadena, Texas assures that the funds will be returned to the Office of the Governor in  full; NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City of Pasadena, Texas hereby authorizes and approves acceptance of a grant, facsimile of which is attached hereto as Exhibit "A", totaling $55,485.87 from Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for the Pasadena Public Safety Video Initiative (PSVI) sustainment grant, to be  administered by the Emergency Management Department.  SECTION 2. That the Mayor or his duly authorized designee is  Grantsmermgt.006.Homelandsecstaterx-UASI -PasPubSafvideoPsV12024.doc    hereby authorized and directed to execute for and on behalf of the  City all documents necessary to accept said grant.  SECTION 3. That the State will grant the amount of $55,485.87 for the 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for Pasadena Public Safety Video Initiative (PSVI)  sustainment grant.  SECTION 4. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  Granthengt.G.iowelmmdecssaten-uast -PasPubafvideoPsV12024.doc    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Cramtbengt.cG.soaiaaectateTe-Ast PasPubSarvideoPSVI2024.doc    FY2024 Houston UASI Application Project name: PSVI Sustainment- - Pasadena, City of  For Official Use Only (FOUO)  Total amount requested: $5 55,486  Project detail Scalable': Jurisdiction:  yes Ono eGrants # (If sustaining project)?: 2977406  Pasadena  Department division: Office of Emergency Management  Point-of-contact name: Azell Carter Email address: Project type and certifications This project: This project:  Mobile phone: (281) 687-9193 Zip code +43: 77502-4809  caner@pasacenat.goy is a new project is the final phase ofa aj project is sharable is sharable and deployable  ist the next phase ofa ap project is sustaining aj project is deployable is neither sharable nor deployable  This project requires EHP Review: Oyes Ono Core capability: Intelligence and Information Sharing  Project summary  Briefly describe your project including enough detailf for a project reviewer tok knowv what youp plan to do. Ifthisi is a sustainment project and the cost The City of Pasadenal is seeking $55,485.8 871 for our Public Safety' Video Initiative sustainment. This amounti includes replacement oft ten (10) aged PTZ cameras and ten (10) cellulard data modems with updated equipment. This equipment went into service in 2016, and have begun to reach end ofl life/support and lack modem methods of connectivity such as 5G cellular LTE, Band Class 14 (FirstNet), and multi- carrier support for redundancy. Pasadena OEM curently shares the live video feeds from these 8 highr mounted and: 2 portable (mobile) PTZ cameras with surrounding partners such as the cities of Deer Park and Lal Porte as well as others requesting access, fors situational awareness and monitoring ofk keyi industrial transportation routes as well as areas of potential vulnerability fort terrorist attacks within the chemiçal sector. This alsoi includes ther necessary tower climb tob be performed ate each applicable site to exchange and upgrade existing PTZ equipment.  increased by more than 5% ort the scope! has changed significantly. include ther reasoning ore explanation here.  1.5 Scalable projects budgets can be reduced without compromising the entire project. 2. Please ask your local grantr manager for this number ift thisi is a continuation ors sustainment project. 3.1 The USPS zip+41 lookupt tool can bea accessed here: pinosupacmgdpiopdompiasin  EXHIBIT "A"    FY2024 Houston UASI Application Project name: PSVI Sustainment- - Pasadena, City of  For Official Use Only (FOUO)  Project need justification project (Long-term approach).  Int the following section, describe threats or hazards yourj jurisdiction and the region faces (Problem statement), assess capability levels, existing gaps, how this project addresses those gaps (Impact statement), who will benefit (Target groups), and how) you will sustain the  Problem statement (threats and hazards)  Describe the existing terrorism problem that this project will address. The problem statement should include threats, hazards, risks, or issues noted. If referencing findings outside the region's THIRA, please cite them. This statement should "paint a picture" for the remaining Due tot the City of Pasadena'sk location, primarily revolving around its vulnerability due toi its proximity to the Houston Ship Channel and the concentration ofr manufacturing, fuel, and chemicals storage facilities, in the event ofa an attack, Pasadena stands to be one oft the primary Technology infrastructurel has been puti inp place toi increase situational awareness. These PTZ cameras are operated andi managed by OEM, and are actively shared with thel Pasadena Police Department: a well as any other lawe enforcement or public safety agencies that request access and are inc our geographical footprint. However, some oft thei infrastructure needs tob be updated. Specifically, the fixed and deployable (mobile) PTZ cameras and cellular connectivity modems, are outdated. These systems, initially puti ins service around: 2016, are now reaching their end ofl life and support. Consequently, theys struggle tor receive necessary: security updates, which increase a vulnerability oft being! hacked, and lack compatibility with thel latest connectivity technologies like 5G: and Band Class 14. This technological obsolescence is hampering the EOC's ability Overall, the project aims to enhance the operational coordination oft the Pasadena EOC's, allowing seamless information sharing: among individuals within the EOC andi its regional partners. ita also aims to ensurel betters situational awareness regarding hazards, events, and potential  sections to reference.  Emergency Operation Centers (EOC) to activate.  to efficiently function, leading to reduced connectivity and compromised video quality.  terroristic attacks.  Existing capability levels (capability assessment) aware of capabilities; please be specific iny your description.  Describe the existing capabilities int the region and/ory your) jurisdiction that address the problem described above. Ar reviewer may not be Currently Pasadena OEMI has 10s shareable PTZ public safety video cameras. 8oft the cameras are mounted toy water towers that allow fora high angle view of hazardous transportation routes such as State! Highway 225, Beltway 8 (between SH225 andl 145) and State! Highway 146. The other 2 cameras are considered mobile and are affixed toe emergency response vehicles. These cameras are connected via 4GLTE cellular modems with connection from a mix ofF FirstNet and' Verizon data plans. Ina addition, Pasadena houses as small 10ft mobile emergency response center (MERC) lite cellularlsatelite communications trailer with 2PTZ cameras that have mobile public safety video capability.    FY2024 Houston UASI Application PSVI Sustainment- - Pasadena, City of  For Official Use Only (FOUO)  Existing capability gap (gap between threats and capabilities) Statement. This should describe the gap(s) int the context oft this project.  First, cite the UASI Stakeholder Preparedness Review (SPR) gap(s) that this prject will address. Second, describe the desired end-state orp posture oft the region and why! the existing capabilities do not fully address the threats. hazards, risks, orissues described in the Problem Our current gapi isi identified onp page oft the 2023 Houston Regional SPR under Operational Coordination; Equipment; "The region does notl have sufficient redundant network hardware/software, solutions inp place tos support operational coordination effortsi inl large- Toa adequately support ther regions posture, itisi imperative that the 10€ existing PTZ cameras and modems be replaced because they are outdated and! have reachede end- of-life. Due tot this, thel Pasadenal PSVII lacks adequate hardware: and redundant network cellular connectivity  scale incidents".  available to effectively share and support continuous coordination efforts before, during, and after ani incident.  Impact statement (how this project closes the gap)  Explain the local/ regional impact oft this project and! howi it will reduce the gaps described: above.  Funding this projecty will reducet the gapi identified above by updating communication hardwaret toi include new cellular connectivity technology and adding the redundancy ofh having multiple cellular carriers ifr needed. This investment will impact Pasadenal by updating the video hardware needed to continue top provide situational awareness and operational coordinationi information with stakeholders and other law enforcement agencies public safety entities within ourj jurisdictional footprint during acts oft terrorism or otherr related events. This project includes  replacement of1 10 PTZ cameras and 105 5G capable cellular modems.    FY2024 Houston UASI Application Sustainment - Pasadena, City of Target group (affected population)  PSVI  For Official Use Only (FOUO)  Identify the target) jurisdictions, groups, and whole community elements that will benefit from this project (e.g.. ifhardening at facility, include the number of people who attend that facility annually, where they come from, and what whole community elements they embody). Do not include the This project willl benefit the City of Pasadena's Office ofE Emergency Management along withi itsf first responders and alll lives they protect including citizens, workforce individuals, travelers, andp persons attending entertainment events. Moreover due to our location, updating the existing Public Safety Video Initiative platform willa also positively affect allo oft thej jurisdictions located in southeast Harris County, southeast and east Houston, as well as ouri industry partners within the Southeast Regional, Deer Park and La Portel Local Emergency Planning Committees  population oft the region orj jurisdiction unless every person will measurably benefit.  (LEPC) by providing more efficient remote access to PTZ cameras with wide angle coverage capabilities.  Long-term approach  Explain how) you will sustain and maintain this project beyond UASI grant funding to ensure continuity oft the capability. Monthly cellular connectivity charges will bep paid utilizing the department's operational budget. However, sustainment for thel hardware cameramodemsnsatsion, will ber requestedi in future granty years. Ifn not funded, future: support for this project would be pursued through  local resources, ifa available.  3    FY2024 Houston UASI Application PSVI Sustainment- Pasadena, City of Priority and strategy linkage Homeland Security Priority Action  For Official Use Only (FOUO)  Int this section, indicate. how this project aligns with the state and regional strategies.  Choose the" Priority Action- OBJECTIVE" that most closely aligns with this project. Use this format: "1.2.3 Expand and enhance the network of human sources that can provide detailed andi relevant information on known ors suspected terorist and criminal enterprises."Please use the 4.1.2 Develop and maintain criticali information technology and communications capabilities to connect local, regional, and state operations  objective, not the goal.  centers and enable data sharing with partner organizations ata alll levels.  Which UASI goal & objective does this application address?4 Goal: Goal 3: Manage Risk &F Protect Critical Infrastructure & Key Resources  Objective: 3.7 Develop. sustain, and enhance the capabilities necessary tor maintain situational awareness of special events, mass  gatherings, and othera activities that could be categorized as soft targets/crowded places ande enhance the planning for and  implementation: ofs security and consequence management: strategies for those same events.  How will your project help the Region attain this goal? pertains tol hard and soft targets within our portion oft thei region.  This project willl help maintain the ability oft the Pasadena Office ofE Emergency Management to provide reliable situational awareness asit  Regional Integrated Preparedness Plan (IPP) - Thisisab bonus question, itisn not required. Indicate the "Priority" thata aligns with this project. Use at formatt that contains both the number and the words that most closely  aligns, e.g. Prionty1.1 Regional Joint Information System.  NIA  Identify the "Activity" thata aligns with this project. Use at format that contains both the number and thes words that mosto closely aligns, e.g. PLN1.1.1 Develop recommendations for the RCC and EC about proposed changes to the EPIP.  N/A  *A copy of the current UASI strategy çan bei found ont the Houston UASI Website; located within the FY: 20241 folder Refert to the Metrics int the UASI Strategy and the HSGD measures document for appropriate examples.    FY2024 Houston UASI Application PSVI Sustainment Pasadena, City of Detailed impact description mentioned int thei impact statement above int the appropriate section. Measures (outputs and outcomes) Name ofc output or outcome item  For Official Use Only (FOUO)  Int the following section, youy will describe the end-state ofy your project in detail. Int this section, make sure you directly address everything  Please refer tot the HSGDI measures example documents for appropriate exemples: 1. Public Safety) Video Initiatives sustained ore enhanced as aresult oft this project. 2. Receive. install and upgrade 10r new PTZ cameras and connectivity modems.  Quantity Type Output 10 Outcome Outcome Outcome Outcome Outcome Outcome Outcome Outcome Outcome  3. 4. 5. 6. 7, 8. 10. Special teams Name of team: NIA Teami type:  For FEMA-defined typed teams, cite the team name andi identifier oft the typed resource from the Resource Typing Library Tool (RTLT). Teams must be ont the officiall list ofr regional certifiedt typed teams. Otherwise type "NIA" in! Name oft team and leave the remainder oft this section blank.  FEMA typed resource (from RTLT#): N/A ID oft typed resource (from RTLT): N/A  Type I  Describe how you are sustaining or enhancing your team type with this project:  NIA  During the last 2 years, has your team been deployed within the region? How many times, and what jurisdiction(s)int the region did you support? (do not include deployments within your primaryjurisdiction)  NIA  Does your team regularly train & exercise with other teams throughout the region?  Yes C  No  The RTLTcan bev viewed here: ntps/irtitpreptolkIEma.govPublic    FY2024 Houston UASI Application PSVI Sustainment - Pasadena, City of Interoperable communication  For Official Use Only (FOUO)  Ist this project consistent with the SCIP and the RICP? Please describe how this prject fills a gap identified int the RICP Gap Analysis?  N/A  Grant-funded personnel  Ifthis project included grant-funded, personnel, what measurable accomplishments are expected for the region in the one-year performance period?  NIA  Milestones  Please list 3-5 milestonest for this project. Annuals sustainment, projects (personnel or contracts) are limited to a 12or24-month) period  ofp performance (09/2024-082026). The personne!: start date is 1/1/2025 eg., begin purchasing process and select avendor  Milestone or key activities  Linked measures Start date 1,2 1,2 1,2  Finish date 12/31/2025 11/01/24 03/01/24 06/01/25  1/25/2025 10/01/24 12/01/24 04/01/25  Meet with vendors to discuss existing equipment and discuss best replacements 1,2 Per City Procurement Policies (Competitively bid and seek councila approval)  Receive andi install equipment  AS2U2epomo22I20    AGENDA REQUEST  MSBRAdA  ORDINANCE  RESOLUTION  P NO: 2024-  CAPTION: An Ordinance accepting a grant totaling $44,846.00 from the Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI) Homeland Security Grant Program for the Pasadena  Emergency Operations Center (EOC) sustainment grant. (Grant application approval per Resolution 2024-009)  RECOMMENDATIONS & JUSTIFICATION: The Pasadena Office of Emergency Management has been awarded $44,846.00 to replace their cache of mobile EOC laptops and mobile tablets. The equipment being replaced was purchased and placed into service in 2016 and 2018 and now have reached end-of-  support.  (This is a non-matching grant)  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT (S) AFFECTED:  REQUIRES APPROPRIATION: See attached Certification  rt  COUNCIL ACTION  Management DATE:10/22/24  S Emergency  REQUESTING PARTY mpAZeLLCarket FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED: CITY ATTORNEY yull MAYOR  SECOND  SECOND  DATE DEFERRED:  DATE  OEAwhw    ORDINANCE NO. 2024-  An Ordinance authorizing and approving a grant totaling $44,846.00 from Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for the Pasadena Emergency Operations Center (EOC) sustainment grant, to be administered by the Emergency Management Department.  WHEREAS, the Pasadena Office of Emergency Management has  been awarded $44,846.00 to replace their cache of mobile EOC  laptops and mobile tablets; and  WHEREAS, the equipment being replaced was purchased and  placed into service in 2016 and 2018 and now have reached end of  support; and  WHEREAS, that the City Council of the City of Pasadena,  Texas agrees that in the event of loss or misuse of the Office of the Governor funds, the City Council of Pasadena, Texas assures that the funds will be returned to the Office of the Governor in  full; NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City of Pasadena, Texas hereby authorizes and approves acceptance of a grant facsimile of which is attached hereto as Exhibit "A", totaling $44,846.00 from Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for the Pasadena Emergency Operations Center (EOC) sustainment grant, to be  administered by the Emergency Management Department.  SECTION 2. That the Mayor or his duly authorized designee is  Cramtmengt.coc.somialmdsectAt-AT -PasEoc2024.doc    hereby authorized and directed to execute for and on behalf of the  City all documents necessary to accept said grant.  SECTION 3. That the State will grant the amount of $44,846.00 for the 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for Pasadena Emergency Operations Center (EOC)  sustainment grant.  SECTION 4. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  GrantEmerMgt. .00G.MomelandsecstateTx-UASI -PasE0C2024.doc    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Grantbhengt.G.iselamdecstateP-uast -PasEOc2024.doc    FY2024 Houston UASI Application Project name: EOC Sustainment-P Pasadena, City of  For Official Use Only (FOUO)  Total amount requested: $ 44,846  Project detail Scalable': Jurisdiction:  yes Ono eGrants # (if sustaining project)*: 2977406  Pasadena  Department division: Office of Emergency Management  Point-of-contact name: Azell Carter Email address: Projed type and cerlifications This project: This project:  Mobile phone: (281) 687-9193 Zip code +43: 77502-4809  acaner@pasacenat4gox isa new project ist the final phase of a project is sharable is sharable and deployable  is the next phase ofap project is sustaining a project is deployable is neither sharable nor deployable  This project requires EHP Review: Oyes 0 no Core capability: Operational Coordination  Project summary  Briefly describey your project including enough detal for a project reviewer tok know what you plant to do. Ifthisi is a sustainment project andt the cost The City of Pasadena is seeking $44, 846.00f for EOC sustainment. This amount includes replacement of sixteen (16) aged mobile EOC deployable! laptops that were puti into service in2 2016. As well as twenty one (21)2018 and: 2020 mobile deployable tablets with updated equipment. Deployable technology is ana assety when a call fora a mobile EOCi isr needed such asi in ane evacuation ors support remote operations of an agency's primary EOC. Also, these assets have been deployed to conduct damage assessments and document property and commercial losses that stem from emergency events. Moreover, these deployable assets are shared with other partners within ourj jurisdictional footprint for  increased by more! than 5% ort the scope has changed significantly, include the reasoning ore explanation here.  regional exercises, trainings, and classroom instruction.  1.S Scalable projects budgets can ber reduced without compromising the entire project. 2. Please ask your local grantr manager for this number if this is a continuation or sustainment project. 3.7 The USPS zip+41 lookupt tool can be accessed here: Mpsohupsomppcpinirpladin  EXHIBIT"A"    FY2024 Houston UASI Application Project name: EOC Sustainment - Pasadena, City of  For Official Use Only (FOUO)  Project need justification project (Long-term approach).  Int the following section, describe threats or hazards your jurisdiction and the region faces (Problem statement), assess capability levels, existing gaps, how this project addresses those gaps (Impact statement), who will benefit (Target groups), and how you will sustain the  Problem statement (threats and hazards)  Describe the existing terrorism problem that this project will address. The problem statement should include threats, hazards, risks, or issues noted. If referencing findings outside the region's THIRA, please cite them. This statement should "paint a picture" for the remaining Pasadenal has al highr risk for terrorism and terrorist attacks involving industry and chemical plants. An atlack on a chemical plant couldr resulti in thousands ofi injuries or deaths requiring a large response from not only the city! but also from outside agencies. Additionally, the City of Pasadena routinely deploys top provide operational coordination tos support other jurisdictions ine event prone tot terrorism. The deployable laptops and mobile tablets are ane extension oft the Pasadenal EOC. Int the event ofat terroristic attack, OEM may need tor relocate the EOC and mobilize to a remote location for safety and or operational purposes. Hence, these assets will allow OEM to function externally from the static EOC seamlessly- Therefore, these assets need to be replaced so that OEM can maintain this critical capability. Specifically this project will directly address operational coordination gaps for alll hazards and threats, including all terrorism scenarios by replacing old (2016 and 2018)0 ouldated, non-upgradable deployable laptops and mobile tabletst that will allow for greater situational awareness andi information sharing with stakeholders in our Emergency Operations Center andt throughout the region during a terrorist attack.  sections tor reference.  Existing capability levels (capability assessment) aware ofcapabilties; please be specific iny your description.  Describe the existing capabilities int the region and/ory your) jurisdiction that address the problem described above. A reviewer may not be Pasadena has al large Emergency Operations Center capable ofe expandingi to6 60 positions depending ont ther needs ofi incidents. This includes a recently installed digital videov wall matrix, capable ofs sharingi information! tor multiple end-points. Other sharable, mobile operation and communication capabilities include; 24 deployable laptops with a multi- function laser printer,241 P25 handheldr radios dividedi into 4 packs of6 radios with bank chargers perp pack, and cache of21 mobilet tablets and 15 scanners tob be used for evacuation efforts at thes southeast regional mass evacuation hub. Ina addition, Pasadenal houses ar mobile emergency response center (MERC) lite cellular/satelite communications trailer  with mobile public safety video capability.    FY2024 Houston UASI Application EOC Sustainment - Pasadena, City of  For Official Use Only (FOUO)  Existing capability gap (gap between threats and capabilities) Statement. This should describe the gap(s) in the context ofthis project.  First, cite the UASI Stakeholder Preparedness Review (SPR) gap(s) that this project willa address. Second, describe the desirede end-state orp posture of the region and whyt the existing capabilities do not fully address the threats. hazards, risks, ori issues describedi int the Problem Our current gapi isi identified on page 6 oft the 2023 Houston Regional SPR under Operational Coordination; Equipment; "The region does not have enoughe equipment available tos support operational coordination efforts during! large-scale incidents similar tot those describedi inr regional Ther region's posture is that Emergency Operations Centers (EOC) andr relateds support capabilities exist throughout the entire UASI Region and that these EOCs are capable of meeting their ownj jurisdictional needs. Due to outdated and end-of-life equipment, the Pasadena EOC does not have reliable deployable mobile computer hardware and mobile tablett technology available tos support large scale operational coordination Technologically, our deployable laptops and mobile tablets are currently antiquated with the last major hardware upgrade occurringi in: 2016a and 2018. Hence, they have begunt to deteriorate due tot theiri inability tor receive andi incorporate thel latests security updates. This has become cumbersome due tot thel limited access tos state utilized software that operates best on up to date operatings systems and ultimately causes the deployable mobile assets tof function inefficient: att times and be ati increased risk for cyberattacks. Specifically, this project wille enhance the operational coordination oft the EOC and will allowt thei individuals withint the EOC to sharei information, maintain situational awareness about hazards event and terroristic attacks to our partners, anda allow ust to deploy dependable mobile equipment to the region when necessary.  planning scenarios". efforts during ani incident.  Impact statement (how this project closes the gap)  Explain the local/ regional impact of this project and howi it will reduce the gaps described above.  Funding this projecty will reduce the gap identified above by providing the Pasadena OEM with the necessary updated deployable computer hardware and mobile tablet technology top provide situational awareness and operational coordination with stakeholders and other partners during acts oft terrorism or other related events. Allo oft the equipment (16 deployable laptops and: 21 mobile tablets)being replaced is grant These devices willl be used the field during ani incident. Moreover, when requested, these assets will also be available ands shared with other law enforcementpublic: safety entities within orj jurisdictional footprint. Ina addition tob being used as an extension oft the EOC, these assets are used during the activation oft ther regionale evacuation! hub, technology request for aj point-ol-distrbution (POD) site, planned events inv which large gatherings are expecled, recovery efforts such as damage assessments that occur after ane emergency event, ands sharing oft technology  funded and was plaçedi into servicei in 2016 (FY16) and: 2018 (FY18).  for training and exercises.    FY2024 Houston UASI Application EOC Sustainment - Pasadena, City of Target group (affected population)  For Official Use Only (FOUO)  Identify the target jurisdictions, groups, and whole community elements that will benefit from this project (e.g., ifhardening at facility, include the number ofp people who attend that facility annually, where theyo come from, and what whole community elements they embody). Do noti include the This project willl benefit the City of Pasadena's Office of Emergency Management: and alll lives they protecti including citizens, workforce individuals, travelers, and persons attending entertainment events. Due to ourl location, this project our also positively affect our broader target group. Which are all oft thej jurisdictions locatedi ins southeast Harris County as well as ouri industry partners within the Southeast Regional, Deer Specifically. this project is significant because Pasadenal ist the onlyj jurisdiction ins southeast Harris County that currently has this capability. Therefore, this capability is not only criticalt to Pasadena buti it's also paramount andi invaluable tot the target groups stated above.  population oft the region or) jurisdiction unless every person will measurably benefit. Park and La Porte Local Emergency Planning Committees (LEPC).  Long-term approach  Explain how you will sustain and maintain this project beyond UASIS grant funding to ensure continuity oft the capability. operational until they are incapable with software and security updates and are deemed end-of-life.  Sustainment for the hardware (deployable laptops andr mobile tablets) will be requested inf future grant) years. Ast the primary custodian oft the equipment, Pasadena OEMV will provide ther necessary maintenance, including but not limited tos software updates, to ensure that they are    FY2024 Houston UASI Application EOC Sustainment - Pasadena, City of Priority and strategy linkage Homeland Security Priority Action  For Official Use Only (FOUO)  Int this section, indicate how this project aligns with the state and regional strategies.  Choose the' "Priority Action OBJECTIVE" that most closely aligns with this project. Use this format: "1.2.3 Expand ande enhance the network of human sources that can provide detailed andi relevant information on) known ors suspected terorist and criminal enterprises." Please use the 4.1.2: Develop and maintain criticali information technology and communications capabilities to connect local, regional, and state operations  objective, not the goal.  centers and enable data sharing with partner organizations ata all levels.  Which UASI goal & objective does this application address?4 Goal: Goal 10: Enhanced EOCI Management and Coordination  Objective: 10.1:Develop.: sustain, and enhance capabilities ofj jurisdictions and the region to establish and operate an EOC or MAÇC  (physical orv virtual)t to coordinate ors support local, multjurisdictional, and regional response and reçovery operations; to develop a common operating picture: and maintain and share situational awareness information.  How willy your project help the Region attain this goal?  This project will help attain the objectives of8 EOC Management and Coordination by providing updated mobile assets (laptops and tablets) to the Pasadena Office of6 Emergency Management, which will serve as our Emergency Operations Center and can be deployed tot the region when necessary, including the abilty to deploy a mobile EOC when called upon, often referred to as an" "EOCI inat box."  Regional Integrated Preparedness Plan (IPP). -' Thisi isal bonus question, itisn not required. Indicate the Priority" that aligns with this project. Use a formatt that contains both the number and the words that most closely  aligns, e.g. Priority1.1 Regional, Joint Information System.  N/A  Identify the "Activity" that aligns with this project. Use a format that contains both the number and the words that most closely aligns, e.g. PLN1.1.1 Develop recommendations: fort the RCC and EC about proposed changes to the EPIP.  NI/A  A copy oft the current UASI strategy can be found on the Houston UASIV Website; located within the FY20241 folder Refer tot thel Metrics in the UASI Strategy and the! HSGDI measures document for approprlate examples.    FY2024 Houston UASIA Application EOC Sustainment-F Pasadena, City of Detailed impact description mentioned: int the impact statement above int the appropriate section. Measures (outputs and outcomes) Name of output or outcome item 2. Receive deployable asset:Mobile laptops  For Official Use Only(FOUO)  Int the following section, yous will describe the end-state ofy your project in detail. Int this section, make sure you directly address everything  Please refer tot the HSGDI measures example documentss for appropriate examples:  Quantity Type Output 37 Outcome Outcome Outcome Outcome Outcome Outcome Outcome Outcome Outcome  1. Number of Emergency Operations Center (EOCs) sustained or enhanced as ar result oft this project.  3. 4. 5. 6. 7. 8. 9. 10. Special teams Name of team: N/A Team type:  ForF FEMA-defined typedt teams, cite the team name andi identifier oft the typedr resource from the Resource Typing Library Tool (RTLT). Teams must be on the official! list ofr regional certifiedt typedt teams. Otherwise type" "NIA" in! Name oft team and leave thei remainder oft this section blank.  FEMA typed resource (from RTLT): NIA ID oft typed resource (from RTLT): N/A  Type I  Describe how you are sustaining or enhancing your team type with this project:  N/A  During the last 2 years, has your team been deployed within the region? How many times, and what jurisdiction(s) ini the region did you support? (do noti include deployments within your primaryi jurisdiction)  NIA  Does your team regularly train & exercise with other teams throughout the region?  Yes O  No O  Thel RTLTcan be viewed here: itps.lirtitpreptolkitiemagov/Public    FY2024 Houston UASI Application EOC Sustainment - Pasadena, City of Interoperable communication  For Official Use Only (FOUO)  Is this project consistent with the SCIP and the RICP? Please describe how this project fills a gap identified int the RICP Gap Analysis?  N/A  Grant-funded personnel  Ifthis project included grant-funded; personnel, what measurable accomplishments are expected for the region in the one-year performance period?  NA  Milestones  Please list 3-51 milestones for this project. Annual sustainment, projects (personnel or contracts) are limitedt toa 12 or 24-month period  ofperformance (09/2024-082026). The personnel. start date is 1/1/2025 e.g.. begin purchasing process ands selecta vendor Determine the appropriate specifications for the replacement equipment Per City Procurement Policies (Competitively bid and Seek councilapproval)  Milestone or key activities  Linked measures Start date 1,2 1,2 12 1,2  Finish date 12/31/2025 11/01/24 03/01/24 06/01/25  1/25/2025 10/01/24 12/01/24 04/01/25  Receive andi install equipment  AS2V2ePpomDr2V2I20    STA ORDINANCE  AGENDA REQUEST  RESOLUTION  Q NO: 2024-  CAPTION: An Ordinance accepting a grant totaling $140,786.00 from the Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI) Homeland Security Grant Program for the Pasadena Regional  Intelligence Center analyst personnel sustainment grant. (Grant application approval per Resolution 2024-008)  RECOMMENDATIONS & JUSTIFICATION: This grant will sustain the Satellite Analyst for the HRISC-Fusion Center at the Pasadena Regional Intelligence Center-Pasadena PD. It will continue to build a Human Intelligence Network by training police officers and civilians in accordance with the Nationwide Suspicious Activity Reporting (SAR) Initiative for SAR reporting and ensuring the flow of intelligence within the region. In addition, it will fund the employee's salary and benefits, training and related travel cost, communication device (cell phone and iPad) and required data plan,  analytical software subscription, and large format printer.  (This is a non-matching. grant)  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATION: See attached Certification  h  COUNCIL ACTION  Emergency Management DATE:10/21/24 REQUESTING PARTY (AYPED)A2cIL  FIRST READING:  FINAL READING:  Carkr  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT a  SECOND  SECOND  APPROVED:  CITY MAYOR  DATE DEFERRED:  DATE  AEAurp    ORDINANCE NO. 2024-  An Ordinance authorizing and approving a grant totaling $140,786.00 from Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for the Pasadena Regional Intelligence Center analyst personnel sustainment grant, to be administered by the Emergency Management  Department.  WHEREAS, this grant will sustain the Satellite Analyst  for the RISC-Fusion Center at the Pasadena Regional Intelligence  Center-Pasadena PD; and  WHEREAS, it will continue to build a Human Intelligence  Network by training police officers and civilians in accordance with the Nationwide Suspicious Activity Reporting (SAR) Initiative for SAR reporting and ensuring the flow of intelligence within the  region; and  WHEREAS, in addition, it will fund the employee's salary  and benefits, training and related travel cost, communication device (cell phone and iPad) and required data plan, analytical software subscription, and large format printer; and  WHEREAS, that the City Council of the City of Pasadena,  Texas agrees that in the event of loss or misuse of the Office of the Governor funds, the City Council of Pasadena, Texas assures that the funds will be returned to the Office of the Governor in  full; NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City of Pasadena, Texas hereby authorizes and approves acceptance of a grant facsimile of which is attached  Cranthengt.cO.toaiamdsecstaten-uast Pasegintcenterzvat.dec    hereto as Exhibit "A", totaling $140,786.00 from Office of the Governor of Texas for the fiscal year 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for the Pasadena Regional Intelligence Center analyst personnel sustainment grant, to be administered by the Emergency Management Department. SECTION 2. That the Mayor or his duly authorized designee is hereby authorized and directed to execute for and on behalf of the  City all documents necessary to accept said grant.  SECTION 3. That the State will grant the amount of $140,786.00 for the 2024 Urban Area Security Initiative (UASI), Homeland Security Grant Program for Pasadena Regional Intelligence Center analyst  personnel sustainment grant.  SECTION 4. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  GrantEmerMgt. 00.HomelandsecstateTx-UASI PasRegIntCenter2024.doc    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MOELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  GrantEmerwgt.006.MomelandsecStaterx-UASI Pasaglatcemsezvai.dc    FY2024 Houston UASI Application Project name: Regional Intelligence Center Analyst-COP  For Official Use Only (FOUO)  Totala amount requested: $140,786  Project detail Scalable': Jurisdiction:  yes Ono eGrants # (ifs sustaining project)?: 4114902  City of Pasadena  Department division: Office of Emergency Management Point-of-contact: name: Georgia Cook Email address: Project type and certifications This project: This project:  Mobile phone: (281) 831-6760 Zip code +43: 77506-4809  gcoox@pasadenat.gov isar new project is thet final phase of ap project is sharable is sharable and deployable  is the next phase of a project is sustaining ap project is deployable is neither sharable nor deployable  This project requires EHP Review: Oyes o no Core capability: Intelligence and Information Sharing  Project summary  Briefly describe your projecti including enough detail for ap project reviewer tok know whaty you plant to do. Ifthisi is a sustainment project and the cost This project will sustain the satellite analyst fort thel HRISC-Fusion Center att the Pasadena Regional Intelligence Center-Pasadena PD. This project will continue tot build al humani intelligence network by training police officers and civilians ina accordance with thel Nationwide Suspicious Activity Reporting (SAR)! Initiative for SAR reporting and ensuringt the flow ofi intelligence within ther region. Ongoing trainingi in the region ensures the continued growth oft the humani intelligence network and continuity ofi inteligence sharing among state, Federal and! local agencies withint the region by providing updated information on threat groups and the process for reporting suspicious activity. Ina addition, the project will provide funding for conterencelrainings, replacement computer hardware and equipment. (workstation, mobile tablet and largef formatp printer). The current computer equipment being used by the analyst was purchased by agencyf fundsi in 2016 andi isi inc dire need ofr replacement. Thel large format printer will allow the analyst to printo charting and map documents ina al large scale format, usable inr meetings and case reviews, for SAR  increased by more than! 5% ort the scope! has changed significantiy, include the reasoning ore explanation here.  cases and planning for major eventt threat assessments.  1. Scalable projects budgets can ber reduced without compromising the entirep project. 2. Please ask your) local grant manager for this number ifthisi is a continuation or sustainment project. 3.1 The USPS zip+41 lookup tool can be accessed! here: mpsobupaompetpinsin  EXHIBIT"A"    FY2024 Houston UASI Application Project name: Regional Intelligence Center Analyst-COP  For Official Use Only (FOUO)  Project need justification project (Long-term approach)-  Int the following section, describe threats or hazards your jurisdiction and the region faces (Problem statement), assess capability levels, existing gaps, how this project addresses those gaps (Impact statement), who will benefit (Target groups), and how you will sustain the  Problem statement (threats and hazards)  Describe the existing terrorism problem that this project will address. The problem statement shouid include threats, hazards, risks, or issues noted. If referencing findings outside the region's THIRA, please cite them. This statement should "paint a picture" for the remaining According tot thel National Counter Terrorism Center (NCTC). threatsi in the homeland are most likely to occur from lone actors, motivated bya range ofi deologies that are most often domestically driven. Lone actor threats are very individualized and, because they are not cooperating with alarge network or organization, attacks are often unpredictable and difficult to detect. The City of Pasadena andt thes satellite analyst's assigned area ofr responsibility (AOR) are home to assets in almost every sector ofc criticali infrastructure. This project will address thet threat ofa attack or exploitation ofc critical infrastructure byf foreign adversaries and homegrown violent extremists (HVE). The chemical plant/refinery facilities located along thel Port of Houston and govemment facilities (ie., NASA & Ellington. Joint Reserve Base)! locatedi in the region are targets ofi interestt to multiple threat groups including: ant-govemment extremists. environmental activists, asy well as otherf foreign nations states' interesti in stealing intellectual property and cyber attacks. The regioni is also home to countless soft targets including over 180 public schools, hundreds of churchesireligious facilities and approximately 15 college ands satellite college campuses, allt targets ofi interest to cyber criminals, lone wolf and/or  sections tor reference.  HVE groups.  Existing capability levels (capability assessment) aware ofcapabilities; please be specific inj your description.  Describe the existing capabilities int the region and/ory your) jurisdiction that address the problem described above. AI reviewer may not be The! HRISC ist the only designated fusion center int the region, it supports multiple satellite analysts alongy with other Fusion Center Analysts assigned att the HRISC. This sustainment project funds one of the Fusion Center satellite analysts, intended top provide ani intelligence capability in ana area dense with criticali infrastructure, protected bys severalsmaller law enforcement. agencies without functionali intelligence capabilities. The agencies int the AOR assigned tot this satellite analyst depend on the analyst fort their analytics, detection, threati identification,  training etc. because oft thel lack ofa availability int their own agencies due tos staffing andlor funding.    FY2024 Houston UASI Application Regional Intelligence Center Analyst-C COP Existing capability gap (gap between threats and capabilities) Statement. This should describe the gap(s) in the context ofthis project.  For Official Use Only (FOUO)  First, cite the UASIS Stakeholder Preparedness Review (SPR) gap(s) that this prject will address. Second, describe the desirede end-state or posture oft the region and whyt the existing capabilities do not fully address the threats. hazards, risks, ori issues described int the Problem The project will fill the following gap, notedi in the 2023 SPR (pg. 8): "5.2.2 Continued organization of regional agencies and analysts is needed toe enhance the region's abilityt to provide situational: awareness and to discern the capabilities, intentions, and actions ofs suspectedt terrorist and As terrorism threats evolve, including thei increasei int threats from Domestic' Violent Extremism and other lone actor threats, offiçers need tol be provided continual trainings and updates tor recognize potential extremists behaviors andi indicators ofr mobilization. By continuing to provide a means fore enhancedi information andi intelligence sharing and line officer/public awareness training through the dedicated satellite analyst, the region willl be better prepared tor recognize and report SARS at critical infrastructure facilities and mitigate potential threats, Thisi includes the testing of security, photography and observalionlsurelance: at chemical plant facilities and government facilities, recognizing thes significance ofa attemptedi intrusion at protected sites and other sector specific threats tot the criticali infrastructure located int ther region. The analyst will vet  cyber criminals."  the SARS and provide thei information tot the HRISC toe ensure a common operational picture within the region.  Impact statement (how this project closes the gap)  Explain the local/ regional impact oft this project and howi it will reduce the gaps described above.  By sustaining this project the analyst would continue tof facilitate the dissemination ofi intelligence, provide training on the Nationwide Suspicious Activity Reportingi initiative tol line officers and civilians within the designated AOR, and facilitate intelligence collection and sharing. These  activities will accomplish 31 main objectives:  1)Assisti in creating awareness and recognition of the potential for terrorism threats too critical infrastructure; 2)Provide an avenue for reporting SAR intelligence to ensure the HRISC's visibility ofs suchi information; and 3)Supporti information: sharing initiatives with homeland security partners, lawe enforcement and fire agencies.    FY2024 Houston UASI Application Regional Intelligence Center Analyst-COP Target group (affected population)  For Official Use Only (FOUO)  Identify the target) jurisdictions, groups, and whole community elements that willl benefit from this project (e.g.. ifhardening a facility, include the number of people who attend that facility annually, where they come from, andv what whole community elements they embody). Do not include the This project is vital, asi it has a regionalf focus one enhancing the terrorism intelligence and information: sharing needs withina an assigned AOR. This mullifaceted. area consists ofs seventeen (17) police jurisdictionsischools district police agencies, twol Harris County Constable Precincts, Galveston County Sheriffs Department, Clear Creek ISD, San. Jacinto College Police Department, and the University of Houston-Clear Lake Police Department. Ina addition, the satellite analyst willi interact with security leaders at NASA, JSC/SCH and Ellington, Joint Reserve Military Ini the upcoming year, the analyst will begin working with senior leadership ofa additional agencies that arer not currently participating in the  population oft the region orj jurisdiction unless every person will measurably benefit.  Base.  program to expandt the reach of thei intelligence program and provide more line officer training to the region.  Long-term approach  Explain how yous will sustain andi maintain this project beyond UASI grant funding to ensure continuity oft the capability.  The City of Pasadena intends tor maintain the project beyond UASI grantf funding. Additionally, the Pasadena Police Department maintains the Satellite Intelligence Center with non-grantfunds thati is currently directed by the analyst, including office space, equipment and vehicle costs.    FY2024 Houston UASI Application Regional Intelligence Center Analyst-COP Priority and strategy linkage Homeland Security Priority Action  For Official Use Only (FOUO)  Int this section, indicate how this project aligns with the state andi regional strategies.  Choose the' "Priority Action- OBJECTIVE" that most closely aligns with this project. Use this format: "1.2.3 Expand and enhance the network of human sources that can provide detailed andi relevant information onk known or suspected temorist and criminal enterprises."Please use the 1.4.3E Expand the number and scope ofl Threat Liaison Officer and similar outreach programs statewide toi increase the amount ofl law  objective, not the goal.  enforcement: and other personnel trained on recognizing and reporting suspicious activity. Which UASI goal & objective does this application address?4 Goal: Goal 2: Coordinated intelligence and Enhanced Detection  Objective: 2.2 Develop, sustain, and enhance the ability ofr regional public and private stakeholders to recognize threats (e.g.. cyber,  CBRNE), reports suspicious activities, and share information andi intelligence with the HRISC.  How will your project help the Region attain this goal? increasing the amount ofi intelligence coming int tot the HRISC.  This project willl helpt to attaint the goal by conducting regional training on Suspicious Activityi in accordance with thel Nationwide SARI Initiative, including the process fori identifying, collection and reporting ofs SAR information. The projecty will also work with local law enforcement and industry leadership toi identifying newi information: sharing partners int the region, broadening the reach oft thel HRISC int the region and  Regional Integrated Preparedness Plan (IPP) Thisisab bonus question, itisr not required. Indicate the "Priority" that aligns with this project. Use a format that contains both the number and thei words that most closely  aligns,e.g. Priorty1.1 Regional, Joint Information: System. Priority 2.1: Intelligence and Information Sharing Priority 2.3: Enhance Domestic Violent Extremist" Threat Reporting  Identifyt the" "Activity" that aligns with this project. Use at format that contains both the number and the words that most closely aligns, e.g. PLN1.1.1 Develop recommendations: fort the RCC and EC about proposed changes tot the EPIP. PLN2.1.1 Develop a plant toi identify and target new information sharing partners in the UASI region. TRN: 2.1.1F Provide Threat Liaison Officer (TLO) and Suspicious Activity" Training, whichi includes trainingi in civil rights/civil TRN2.3.1P Provide training on defining DVES and recognizing. identifying and reporting domestic and homegrown violent  liabilities and the Department of Homeland: Security (DHS) SAR collection.  extremists.  *AC copy oft the current UASI strategy can be found ont the Houston UASI Website; located within the FY2 20241 folder Refert tot thel Metrics int the UASI Strategy and the HSGD measures document for appropriate examples.    FY2024 Houston UASI Application Regional Intelligence Center Analyst-COP Detailed impact description mentioned! int the impacts statement above int the appropriate. section. Measures (outpuls and outcomes) Name of output or outcome item 1 Number ofp peoplet trained  For Official Use Only (FOUO)  Int the following section, you will describe the end-state ofy yourp projecti inc detail. Int this section, make sure you directly address everything  Please refer to the HSGD measures example documentss fora appropriate examples:  Quantity Type 80 Output Output Output 8 Output 50 Outcome 35 Outcome Outcome Outcome Outcome Outcome  2. Number ofç grant funded intelligence analyst positions. 3. Number off fusion'inteligence centers created. maintained ore enhanced. 4. Number oft trainings conducted. 5. Number ofi intelligence products distnbuted/shared.  6. Number of agencies actively exchanging intelligence with the fusion/nteligence center.  7. 8. 9.. 10. Special teams Name oft team: NIA FEMA typed resource (from RTLT): Team type: ID oft typed resource (from RTLT):  For FEMA-defined typed teams, cite the team name andi identifier oft the typed resource from the Resource Typing Library Tool (RTLT). Teams must be on the official list ofr regional certifiedt typedt teams. Otherwise type" "NIA"i in Name oft team andI leave the remainder ofthis section blank.  Type I  Describe how you are sustaining or enhancing your team type with this project:  N/A  During the last 2 years, has your team been deployed within the region? How many times, and what jurisdiction(s) in the region did you support? (do not include deployments within your primaryjurisdiction)  NIA  Does your team regularly train & exercise with other teams throughout the region?  Yes O  No O  "The RTLT can be viewed here: htps/lrtitpreptolkitiema.gow/Public    FY2024 Houston UASI Application Regional Intelligence Center Analyst-COP  For Official Use Only (FOUO)  Interoperable communication  Is this project consistent with the SCIP and! the RICP? Please describe how this project fills a gap identified in the RICP Gap Analysis?  N/A  Grant-funded personnel  Ifthis project includeds grant-funded; personnel, what measurable accomplishments are expected for the regioni int the one-year performance period? -Receive, process, document, analyze, and share suspicious activityr reportingi ina accordance with DHS protocols and 28 CFRI Part23 -Liaison and coordinate information sharingy with police, fire, constables, and executivel leadership oft the participating agencies, regarding -Conduct detailed threat awareness bulletins ofr major events taking placei int ther regional footprint. Conductr mull-jurisdictional. SAR trainingt tol line officers and civilians in accordance with the Nationwide SARI Initiative. Attend scheduled meetings att the HRISC Fusion Center and otheri intelligence meetings with int the region. Maintain the Pasadena Regional Intelligence Center'sr maintaining a TOPSECRETlevel: security clearance. Produce and distributei intelligence products and homeland security bulletins. Support HRISC-Fusion Center calls fori information.  intelligence developments, threats or other pertinenti information.  Milestones  Please list 3-5 milestonest fort this project. Annuals sustainment, projects (personnel or contracts) are limited toa 12or2 24-month period  ofperformance (09/2024-082026). The, personnel: start date is 1/1/2025 Milestone or key activities e.g., begin purchasing, process and selecta vendor Pay salary and benefits for 1 analyst Receive PO onr new compuler equipment Take delivery of new computer equipment Attend all of the proposed trainingsiconferences  Linked measures Start date 1,2 2.3  Finlsh date 12/31/2025 12/31/25 04/30/25 02/28/25 03/31/25 12/31/25  1/25/2025 01/01/25 01/01/25 01/30/25 03/01/25 01/01/25  Scheduleideliver regionai training tos stakeholders in the region on SAR/threat enviro 1,4  6,3  UASI2023appformD720221206    AGENDA REQUEST  R  ORDINANCE CAPTION:  RESOLUTION  R NO: 2024-  Contract for the purchase of 13 vehicles from Silsbee Ford.  RECOMMENDATIONS & JUSTIFICATION:  Staff recommends the purchase of (8), 2025 Interceptor Utility Explores, (4) 2025 Ford Responder F-150, and (1) 2025 Ford F-150 from Silsbee Ford. These vehicles will be added to the Police Department fleet. These vehicles shall be purchased utilizing TIPS USA Cooperative contract 210907 which has beên competitively bid and awarded according to State  law.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED: K  Council Districts Affected:  REQUIRES APPROPRIATION: $ee attached Rertpficétion  COUNCIL ACTION  Allan Teague  DATE/10/21/2024  REQUESTING PARTY, (TYPED)  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  TT  s Wnlloce PURCHASING DEPARTMENT le  SECOND  SECOND  APPROVED: CITY MAYOR  DATE DEFERRED:  DATE  AfAure    CITY OF PASADENA CERTIFICATION OF FUNDS  DATE: 10/21/2024  AMOUNT: $857,909.75 DEPARTMENT NO: 00210 ACCOUNT NO. 7915 TASKNO. CIPNO.  PROJECT DESCRIPTION: Purchase of 13 vehicles for PD.  Icertify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Pasadena to the credit of the above fund from which it is proposed to be drawn, and such money  isr not appropriated for any other purpose.  2282 Robert Chambers Interim City Controller    ORDINANCE NO. 2024-  An Ordinance authorizing and approving the purchase by the City of Pasadena, Texas of thirteen (13) vehicles from Silsbee Ford utilizing the TIPS USA Cooperative Contract #210907; and appropriating the amount of Eight Hundred Fifty-seven Thousand Nine  Hundred Nine Dollars and 75/100 $857,909.75).  WHEREAS, staff recommends the purchase of (8) 2025  Interceptor Utility Explorers, (4) 2025 Ford Responder F-150 and  (1)2025 Ford F-150 from Silsbee Ford; and  WHEREAS, these vehicles will be added to the Police  Department fleet; and  WHEREAS, the City Controller by the attached certificate  of funds has certified to the City Council that money required for this expenditure is in the City treasury and is budgeted or will be appropriated after approval of this Ordinance for this purposei  NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby finds and adopts the  preamble to this Ordinance.  SECTION 2. That the City Council of the City of Pasadena, Texas hereby authorizes and approves the purchase by the City of Pasadena; Texas of (8) 2025 Interceptor Utility Explorers, (4) 2025 Ford Responder F-150 and (1) 2025 Ford F-150 from Silsbee Ford utilizing the TIPS USA cooperative Contract #210907, as more fully  described on the attached Exhibit A.  StPurchrIPS-SilsbeeFord24.doc    SECTION 3. That there is hereby appropriated out of Account No. 00210-7915, Eight Hundred Fifty-seven Thousand Nine Hundred Nine Dollars and 75/100 $857,909.75); and the Mayor and the City Controller are hereby authorized to draw warrant, check or voucher in said amount or sO much thereof as may be necessary to pay and discharge the legal obligation of the City of Pasadena, Texas  chargeable thereto.  SECTION 4. That the Mayor of the City of Pasadena, Texas is hereby authorized and directed to execute and the City Secretary to attest for and on behalf of the City any and all documents necessary to  effectuate the purchase authorized by this ordinance.  SECTION 5. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate  of Interested Parties, if applicable.  SECTION 6. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further  StPurchTIPS-Silsveerord24.doc    confirms such written notice and the contents and posting thereof. PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A.D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  StPurchTIPS-Silspeerord24.doc    ORDINANCE NO. CONTRACT  THE STATE OF TEXAS S COUNTY OF HARRIS S  KNOW ALL MEN BY THESE PRESENTS:  This Agreement is made and entered into this  day of  A. D., 2024, by and between the City of  Pasadena, Texas, a municipal corporation situated in Harris County, Texas (the "City"), and Silsbee Ford (the Contractor". consideration of the covenants and agreements hereinafter contained  In  the parties do hereby agree as follows:  I.  Silsbee Ford will supply (8) 2025 Interceptor Utility  Explorers, (4) 2025 Ford Responder F-150 and (1) 2025 Ford F-150 Vehicles utilizing the TIPS USA Cooperative Contract #210907, as described in the attached Exhibit "1", Product Pricing Summary.  II.  The parties agree that the terms of the contract between  Silsbee Ford and the TIPS USA Cooperative Contract #210907 will be applicable to this purchase, a copy of which is incorporated herein  for all purposes and attached hereto as Exhibit "2".  EXHIBIT "A"  StPurchTIPS-SilsbeeFord24.doc    III.  The City will pay the total amount for (8) 2025  Interceptor Utility Explorers, (4) 2025 Ford Responder F-150 and (1) 2025 Ford F-150 from Silsbee Ford with specifications as provided for on Exhibit "1", Product Pricing Summary, utilizing the  TIPS USA Cooperative Contract #210907.  IV.  If Contractor fails to perform any term of this contract,  including specitications and bid, City may terminate this contract upon fifteen (15) days written notice to Contractor, or City may terminate this contract at any time without cause upon thirty (30)  days written notice to Contractor.  V.  Pursuant to the requirements of House Bill 1295, 84th  Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate of  Interested Parties, if applicable.  stPurchTIPS-SilspeeFord24.doc    In Witness Whereof, the City has caused this contract to  be signed in its behalf by the Mayor, and Contractor has executed  this contract the day and year first above written.  THE CITY OF PASADENA, TEXAS JEFF WAGNER, MAYOR OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MOELLER CITY SECRETARY CITY OF PASADENA, TEXAS THE STATE OF TEXAS COUNTY OF HARRIS  S S  This instrument was acknowledged before me on the  day of  2024 by JEFF WAGNER as MAYOR of the City  of Pasadena, Texas.  NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS  Name:  My Commission expires:  StPurchIPS-Silspeerord24.doc    ATTEST:  SILSBEE FORD  SECRETARY  PRESIDENT  THE STATE OF TEXAS COUNTY OF HARDIN  S S  This instrument was acknowledged before me on the  day the  of  2024 by  of SILSBEE FORD, a  corporation, on behalf of said corporation.  NOTARY PUBLIC AND FOR THE STATE OF TEXAS  Name:  My Commission expires:  StPurchTIPS-SilsbeeFord24.doc    TIPS  PRODUCT PRICING SUMMARY TIPS1SA210907 TRANSFORTATION. VEIICLES VENDOR- Silsbee Ford. 21Hwy 96. N.. Silsbee TX 77656  End l'ser: CITYOF PASADENA Contact: SEVERS Email: gnsverepasacenakoy Product Description: FORD INTERCHPTORUTIITY,  Prepared by: RICK BROWN Phone: 409.659.1555 Date: Ociober 8.2024  Email: RBROWN_SILSBEEFLEETOGMAI  L. Bid Item: B. Factory Options Code Description 20251 FORD INTERCEPTOR UTILITY 99b 3.3LGAS POWER WINDOWS LOCKS REAR VIEW CAMERA AMI FM BLUETOOTH 17A AUX CLIMATI CONTROL. SIR DRIVERS SIDE LEDS SPOTLIGHT FRONT LAMPI HOUSING 86T REARI LAMPI HOUISING 55F KEYLESS ENTRY 61B OBD-II SPLIT CONNECTOR POLICE ENGINE IDLE SEATBELT EXTENDERS: X2 REARI DOORI LOCK INOP  K8A  A. Basc Price:s 48.395.00  Bid Price C'ode S S S S $ S S 395.00 S s 60-00 S S 55.00 S $ 75.00  Description  Bid Price  EXTERIOR- -WHITE 96 INTERIOR-BLACK  GOA GRILL WIRING LAMP SIREN SPEAKER $ 50.00  Total ofE B.1 Published Options: S 635.00 Published Option Discount (5%s Options  (31.75) Bid Price  C.  Deseription  Bid Price 9.319.10 5 71000  SILS SBEEFLEET UPFIT SLICK NORADAR ONSITEGRAPIICS  Fotal ofc.Impuhlished Options:L S 10,029.10  D. Floor Plan Inlerest (Fori in-stuck: andlor equipped vehicles): E. Lot Insurance (for in-stock and/or equippedvchieles):  F. Contract Price. Adjustment: G. Additional Delivery Charge: H. Subtotal: 1. Quantity Ordered . Tradein:  miles  250.00 S 59.277.35 59,277.35  K. TIPS AdministrativeFcet (INCIEDEDINE PRICE) 1.. Total Purchase Price Including" TIPSFce  59,277.35  EXHIBIT "1"    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER SO.ENFWBPIDUO SO.ETSA481RSP W.SAK1 W.SA315U C3.MTSB35MCRABA SET.BK216BITU20  CITY OF PASADENA 8-Oct-24 RICK BROWN/ GT  DESCRIPTION 2025 EXPLORER 20- PIU DUO INT BAR SPEAKER BRACKET SPEAKER LIGHTSTICK  PRICE EXT PRICE $ 969.68 $ 969.68 INCL $ 193.20 $ 193.20 $ 618.97 $ 618.97  1 1 1 1 1 1 1  NRGY 400 SERIES REMOTE SIREN $ 550.16 $ 550.16  SETINA LIGHTED PUSHBUMPER $ 765.69 $ 765.69  RED/BLUE MPOWER (FRONT) REDWHITE DR SIDE BLUEWWHITE PASS. SIDE  SO.EMPS2STS4D SO.EMPS2STS4E S0.PMP2BRK2LPV PP22020.FINTSUV.FS 425-3818 HAV.C-HDM-204 HAV.C-MD-119 HAV.C-LP2-USB-B12 HAV.CEB25MMTIP HAV.CEB40S031P 911.CH15 911.SAPD SO.EMPS2STS5RBW SO.PMP2BKDGAJ SO.EMPS2STS5RBW, SO.ENT2B3D SO.ENT2B3E SO.PNT1CRV05 W.60CREGCS  2 1 1 1 2 1 1 1 1 1 1 1 2 2 4 1 1 1 1  4"N MPOWER LED RW (LICE PLATE) $ 107.07 $ 214.14 4" MPOWER LED BW (LIC PLATE) $ 107.07 $ 107.07  LIC PLATE LIGHTS WHITE IN REVERSE MPOWER LIC PLATE BRACKET PLASTIX PLUS CONSOLE MAGNETIC MIC CLIP POST SWING ARM USB FACEPLATE EQUIP BRACKET EQUIP BRACKET 911 CIRCUIT HARNESS PASS THROUGH QTR GLASS LIGHTS BRACKETS INTERSECTOR RW INTERSECTOR BWW INTERSECTOR BRACKET KIT FRONT RW DOME LIGHT "*CUSTOMER SUPPLIED CAMERA SYSTEM***  $  $ 22.73 $ $ 575.58 $ 575.58 $ 27.60 $ $ 142.83 $ 142.83 $ 96.88 $ INCL INCL $ 496.80 $ 496.80 $ 56.93 $ $ 118.87 $ 237.74 $ 7.00 $ $ 162.57 $ 162.57 $ 162.57 $ 162.57 $ 7.00 $ $ 173.88 $ 173.88  22.73 55.20 96.88  $  56.93 14.00 7.00  MPOWER RBW (ROCKER PANEL) $ 125.12 $ 500.48  PARTS TOTAL SHOP SUPPLIES FREIGHT  $ 6,124.10 $ $ 100.00 $ $ 100.00    $ 2,995.00 $ 9,319.10  LABOR TOTAL    TIPS  PRODUCT PRICING SUMMARY TIPS 1'S.A210907 TKANSPORTATION VEICLES. VENDOR- Silsbee Ford. 1211 Hwy 96: N.. Silshee" TX77656  End l'ser: CITY OF PASADEN.A Contact: SEVIERS Email: AnEVeOpAEaSEDAKOV Product Description: FORDI INTERCEPTOR UTIITY  Prepared by:. RICK BROWN Phone: 109.6591555 Date: October8. 2024  Email: RBROWN.SILSBEEFLEETOGMAI  Bid Item: B. Factory Options Code Description 2035F FORD! INTERCEPTOR UTILITY 0 30L ECOBOOST POWER WINDOWS LOCKS REAR VIEW CAMERA AM/FM BLUETOOTH 17A AUX CLMATECONTROL. 51R DRIVERS SIDE LED SPOTLIGHT FRONTLAMP HOUSING S6T REAR LAMPI HOUSING 551 KEVLESS ENTRY 61B OBD-I19 SPLIT CONNECTOR POLICE1 ENGINI IDIE SEATBELTE EXT TENDERS: X2 REAR DOOR LOCK INOP  KS.  A.Basel Price:s 18.395.00  Bid Price C'ode S s 3.650.00 96 INTERIOR- -BIACK S S S S S 395.00 S S 6000 S $ 55.00 S 75.00  Description  Bid Price  EXTEKIOR-WITE  60A GRILLI WIRING LAMP SIREN SPEAKER s 50.00  Total of B. Published Options: S 4.285.00 Published Option Discount (5%)s (214.55)  . SIESBTEPUETUPFIT ONSITEC GRAPHICS SOAFTERSIOCK. INCLUDESLABOR STAIKER PATROL RADAR -INC INSTALI.  Description  Bid Price S 11,41693 S 710.00 $ 718.00 S 2.26936  Options  Bid Price  Total ofc.tnpublished Options:s 15.114.29  D. Floor Plan Interest (for in-slock and/or equipped vehicles): E. Lot Insurance (for in-stock and/or equipped vehicles): F. C'ontract Price. Aujustment: G. Additional Delivery Charge: II. Sublotal: I. Quantity Ordered J. Tradei in:  miles  250.00 S 67.829.74 S 135,659.48  2  R=  K. TIPS Administrativel Fee( (INC1. DEDIN PRIC'E) L. Total Purchase Price Iucluding" TISFee  $_135,659.48    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER  CITY OF PASADENA 8-Oct-24 RICK BROWN  DESCRIPTION 2025 FORD PI UTILITY QSF021877 (drawing for tahoe) NRGY 400 SERIES REMOTE SIREN 100W SPEAKER SPEAKER BRACKET STRAP KIT PIU SETINA LIGHTED PUSHBUMPER RED/BLUE MPOWER (FRONT) REDWHITE DR. SIDE BLUEWHITE PASS. SIDE 4"MPOWER LED R/BMW (LIC PLTE) LIC PLATE LIGHTS WHITE INI REVERSE MPOWER LIC PLATE BRACKET PLASTIX PLUS CONSOLE magnetic MIC CLIP POST SWING ARM USB FACEPLATE RADIO FACEPLATE 400 SERIES SIREN FACEPALTE JOTTO SPACE CREATOR PARTITION JOTTO CARGO BARRIER INTERSECTOR R/W INTERSECTOR BW INTERSECTOR BRACKET KIT FRONT RW DOME LIGHT MPOWER RBW (RUNNING BOARD) ADJUSTABLE BRACKET 911 15 CIRCUIT HARNESS WITIMER PASS THROUGH CUST SUPPLIED CAMERA SYSTEM  UNIT PRICE! EXT PRICE  SOENFLB004EX3LO 1 SO.ETSA481RSP W.SA315U W.SAK1 SO.PNFLBF?? SET.BK2168ITU20  NFORCE 52" LOW PROFILE LIGHTBAR $2,432.66 $ 2,432.66  1 1 1 1 1  $ 550.16 $ 550.16 $ 193.20 $ 193.20 $ 28.29 $ $ 785.69 $ 785.69 $ 125.12 $ 250.24 $ 23.92 $ $ 575.58 $ 575.58 $ 27.60 $ $ 142.83 $ 142.83 $ 227.91 $ 227.91 $ 96.88 $ $ 22.98 $ $ 22.98 $ $ 698.53 $ 698.53 $ 434.64 $ 434.64 $ 198.12 $ 198.12 $ 198.12 $ 198.12 $ 7.00 $ $ 173.88 $ 173.88 $ 118.87 $ 475.48 $ 7.00 $ $ 496.80 $ 496.80 $ 56.93 $  28.29 INC  SO.EMPS2STS5RBW 2 SO.PMP2BRK2LPV PPPP2V2DFINTSUVAFS 1 425-3818 HAV.C-HDM-204 HAV.C-MD-119 HAV.C-LP2-USB-BLZ HAV.C-EB25-MMI-1P 1 HAV.C-EB40-S03-1P 475-0063 475-0968 475-0067 SO.ENT2B3D SO.ENT2B3E SO.PNT1CRV05 W.60CREGCS SO.EMPS2STS5RBW 4 SO.PMP2BKDGAJ 911.CH15 911.SAPD  1 2 1 1 1 1 1 1 1 1 1 1 1 4 1 1 2  23.92 55.20 96.88 22.98 22.98  JOTTO HIGH SECURITY EXTENSION PNLS $ 100.91 $ 100.91  7.00 28.00 $ 56.93  PARTS INSTALLATION, SHOP SUPPLIES FREIGHT TOTAL  $ 8,276.93 $ 2,940.00 $ 100.00 $ 100.00 $ 11,416.93    TIPS  PRODUCT PRICING SUMMARY TIPSIS.A210907 TRANSPORTATION VEHICLES VENDOR- Silshee Ford, 1211Hwy 96N. Silshee TX 77656  Endl l'ser: CITY OF PASADENA Contact: SEVRS Email: gseropasacenakoy Product Description: FORD INTERC EPTOR UTILITY  Prepared by: RICKBROWN Phone: 409.659.1555 Date: October3.2024  Email: RBROWN/SILSBEEFLEETOGMAT  Bid Item: B. Factory Options Code Description 2025 FORDI INTERCEPTOR UTILITY 99W 3.0L ECOBOOST POWER WINDOWS LOCKS REAR VILW CAMERA AMI FMI BLULTOOTH 17A AUX CLIMATE CONTROL SIR DRIVERS SIDE LED SPOTLIGHT FRONTI LAMP HOUSING 86T REARI LAMPE HOUSING 55F KEYLESS ENTRY 6IB OBD-IIS SPLIT CONNECTOR POLICE ENGINE IDLE SEATBEL TEXTENDERS: X2 REAR DOORL LOCKI INOP  K8A  A. Basel Price:s 48.395.00  Bid Price Code $ $ S S S 395.00 $ S 60.00 S 5 55.00 7500  Description  Bid Price  EXTERIOR. WHITE  S 3.650.00 96 INTERIOR- BLACK  60A GRIL.L WIRING LAMP SIREN SPEAKER S 50.00  TotalofB. Published Options:s 4.285.00 Published Option Discount (5%)s 214.55  Deseription  Bid Price S 19.031.42 S 71000 S 71800  Options  Bid Price  SILSBFEFLEETUPFIT, SLICKK9. NORADAR ONSITEGRAPHICS SOAFTERSHOCK INCLUDESIABOR  Total ofc.Enpublished Options: S 20.459.42  D. Floor Plan Interest (fori in-stock and/or equipped vehicles): E. Lot Insurance (fori in-stock andlor equipped vehicles): F. Contract Price Adjustment: G. Additional Delivery C harge: II. Subtntal: I. Quantity Ordered J. Tradei in:  miles  250.00 73,603.97 220.811.91  K. TIPS Administrative Fee (INCI. DED IN PRICE) L. TotalPurchase Price Including TIPS Fee  220,811.91    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER SO.ENFWBPIDUO SO.ETSA481RSP W.SAK1 W.SA315U C3.MTS835MCRABA SET.BK2168ITU20  CITY OF PASADENA 8-Oct-24 RICK BROWN/ GT  DESCRIPTION 2025 EXPLORER 20- PIU DUO INT BAR SPEAKER BRACKET SPEAKER LIGHTSTICK  PRICE EXT PRICE $ 969.68 $ 969.68 INCL $ 193.20 $ 193.20 $ 618.97 $ 618.97  1 1 1 1 1 1 1  NRGY 400 SERIES REMOTE SIREN $ 550.16 $ 550.16  SETINA LIGHTED PUSHBUMPER $ 765.69 $ 765.69  RED/BLUE MPOWER (FRONT) REDAWHITE DR SIDE BLUEWHITE PASS. SIDE  SO.EMPS2STS4D SO.EMPS2STS4E SO.PMP2BRK2LPV PP22020,FINT.SUV.FS 425-3818 HAV.C-HDM-204 HAV.C-MD-119 HAV.C-LP2-USB-BL2 HAV.CEB25MMTIP HAV.CEB40S031P 911.CH15 911.SAPD SO.EMPS2STS5RBW SO.PMP2BKDGAJ SO.EMPS2S7S5RBW SO.ENT2B3D SO.ENT2B3E SO.PNT1CRV05 W.60CREGCS AA.EZPF PIU 21 AA.KENNEL LIGHT AA.COOLGUARD RAD.HP-5020 PFNI202DI3MDAIHA FNT202P134D-UPSH4 1 HAV.CCITP-ANUI-12014  2 1 1 1 2 1 1 1 1 1 1 1 2 2 4 1 1 1 1 1 1 1 1 1 1  4"MPOWER LED RW (LICE PLATE) $ 107.07 $ 214.14 4" MPOWER LED BW (LIC PLATE) $ 107.07 $ 107.07  LIC PLATE LIGHTS WHITE IN REVERSE MPOWER LIC PLATE BRACKET PLASTIX PLUS CONSOLE MAGNETIC MIC CLIP POST SWING ARM USB FACEPLATE EQUIP BRACKET EQUIP BRACKET 911 CIRCUIT HARNESS PASS THROUGH QTR GLASS LIGHTS BRACKETS INTERSECTOR RW INTERSECTOR BWW INTERSECTOR BRACKET KIT FRONT RW DOME LIGHT RW KENNEL LED LIGHT ACE K9 HOT-N-POP PLASTIX PLUS CARGO BOX 3RD DRAWER OPTION  $ 22.73 $ 55.20 96.88  $ 22.73 $ $ 575.58 $ 575.58 $ 27.60 $ $ 142.83 $ 142.83 $ 96.88 $ INCL INCL 496.80 $ 496.80 56.93 $ à 118.87 $ 237.74 7.00 $ $ 162.57 $ 162.57 $ 162.57 $ 162.57 $ 7.00 $ $ 173.88 $ 173.88 INCL $1,551.47 $ 1,551.47 $1,393.80 $ 1,393.80 $ 869.40 $ 869.40  56.93 14.00 7.00  MPOWER RBW (ROCKER PANEL) $ 125.12 $ 500.48  EZ RIDER K9 PLATFORM KENNEL $2,656.50 $ 2,656.50 FAN, FAN GUARD AND SWITCH $ 207.00 $ 207.00 HAVIS FOLD UP CARGO PLATE $2,278.15 $ 2,278.15    "*CUSTOMER SUPPLIED CAMERA  SYSTEM"*"  PARTS TOTAL SHOP SUPPLIES FREIGHT LABOR TOTAL  15,080.42 $ 100.00 $ $ 100.00 $ 3,751.00 $ 19,031.42    TIPS  PRODUCT PRICING SUMMARY TIPSI'S.A210907 TRANSPORTATIONVEIICLES VENDOR- Silsbec Ford, 12111 Ilwy 96N.. Silsbee TN77656  End L ser: CITY OF PASADINA Contact: SEVERS Email: gIsver@pasatenakpoy Product Description: FORD INTERCEPTOR LTILITY  Prepared by: RICKBROWN Phone: 409.650.1555 Date: October 8. 2024  Email: RBROWN/SILSBEEFLEETOGMAL  Bid Item: B. Factory Options Code Description 2025 FORDINTERCEPTOR UTILITY 0 3.01. ECOBOOST POWER WINDOWS LOCKS REAR VIEW CAMERA AM FM BLUETOOTH 17A AUX CLIMATE CONTROL. SIR DRIVERS: SIDEI LEDS SPOTLIGHT FRONT LAMPI HOUSING 86T REARI LAMPE HOUSING 55F KEVLESS ENTRY 61B OBD-II SPLIT CONNECT TOR POLICE ENGINEI IDLE SEATBELF EXTENDERS; N2 REAR DOOR LOCK1 INOP  K8A  A. Base Price:s 48,395.00  Bid Price Code S 5 3.650.0 96 INTHRIOR-BLACK S S $ S S 395.00 $ 60.00 > S 55.00 S S S 75.00  Description  Bid Price $  EXTERIOR. WHITE  6UA GRILL. WIRING LAMP. SIREN SPEAKER S 50.00  TotalofB. Published Options: S +,285.00 Published Option Discount (5%)s (214.55)  Deseription  Bid Price 5 11.41693 S 710.00 5 718.00  Options  Bid Price  SILSBEE FLEET UPFIT ONSITEGRAPIICS SOAFTERSHOCK. INCLUDESLABOR  Total orc. npublished Options:s 12,84-.93  D. Floor Plan Interest (fori in-stock and/or equipped vehicles): E. Lot Insurance (for in-stock and/or equipped vehicles):  F. Contract Price Adjustment: G. Additional Delivery Charge: H. Subtotal: I. Quantity Ordered J. Tradei in:  miles  250.00 S 65,560.38 131.120.76  2  K, TIPS NdministrativeFeeINCLIDED: 1N PRIC'E) L. Total Purchase Price Including" TIPS Fee  $ 131,120.76    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER  CITY OF PASADENA 8-Oct-24 RICK BROWN  DESCRIPTION 2025 FORD PI UTILITY QSF021877 (drawing for tahoe) NRGY 400 SERIES REMOTE SIREN 100W SPEAKER SPEAKER BRACKET STRAP KIT PIU SETINA LIGHTED PUSHBUMPER RED/BLUE MPOWER (FRONT) REDWHITE DR. SIDE BLUEWHITE PASS. SIDE 4"MPOWER LED R/B/W (LIC PLTE) LIC PLATE LIGHTS WHITE IN REVERSE MPOWER LIC PLATE BRACKET PLASTIX PLUS CONSOLE magnetic MIC CLIP POST SWING ARM USB FACEPLATE RADIO FACEPLATE 400 SERIES SIREN FACEPALTE JOTTO SPACE CREATOR PARTITION JOTTO CARGO BARRIER INTERSECTOR RW INTERSECTOR BW INTERSECTOR BRACKET KIT FRONT RW DOME LIGHT MPOWER RBW (RUNNING BOARD) ADJUSTABLE BRACKET 91115 CIRCUIT HARNESS WITIMER PASS THROUGH CUST SUPPLIED CAMERA SYSTEM  UNIT PRICE EXT PRICE  SO,ENFLB004EX3LO 1 SO.ETSA481RSP W.SA315U W.SAK1 SO.PNFLBF?? SET.BK2168ITU20  NFORCE 52" LOW PROFILE LIGHTBAR $2,432.66 $ 2,432.66  1 1 1 1 1  $ 550.16 $ 550.16 $ 193.20 $ 193.20 $ 28.29 $ $ 785.69 $ 785.69 $ 125.12 $ 250.24 $ 23.92 $ $ 575.58 $ 575.58 27.60 $ $ 142.83 $ 142.83 $ 227.91 $ 227.91 $ 96.88 $ $ 22.98 $ $ 22.98 $ $ 698.53 $ 698.53 $ 434.64 $ 434.64 $ 198.12 $ 198.12 $ 198.12 $ 198.12 7.00 $ $ 173.88 $ 173.88 $ 118.87 $ 475.48 $ 7.00 $ $ 496.80 $ 496.80 $ 56.93 $  28.29 INC  SO.EMPS2STS5RBW 2 SO.PMP2BRK2LPV PPPP2D2DFINISUVAEFS 1 425-3818 HAV.C-HDM-204 HAV.C-MD-119 HAV.C-LP2-USB-8L2 HAV.C-EB25-MMT-4P 1 HAV.C-EB40-S03-1P 475-0063 475-0968 475-0067 SO.ENT2B3D SO.ENT2B3E SO.PNT1CRV05 W.60CREGCS SO.EMPS2STS5RBW 4 SO.PMP2BKDGAJ 911.CH15 911.SAPD  1 2 1 1 1 1 1 1 1 1 1 1 4 1 1 2  23.92 55.20 96.88 22.98 22.98  1 JOTTO HIGH SECURITY EXTENSION PNLS $ 100.91 $ 100.91  7.00 28.00 56.93  PARTS INSTALLATION) SHOP SUPPLIES FREIGHT TOTAL  $ 8,276.93 $ 2,940.00 $ 100.00 $ 100.00 $ 11,416.93    TIPS  PRODUCT PRICING SUMMARY TIPStS.A210907 TRANSPORTATIONVEHICLES VENDOR-Silsbee Ford. 1211 lwy 96: N.. Silsbee" TX 77656  End l'ser: CITYOF PASADENA Contact: SEVERS Email:  Prepared by: RICKBROWN Phone: 409.659.1555 Date: October8. 2024  Email: RBROWN.SILSBEEFLEETOGMAI  Product Deseription: FORDRESPONDER  Bid Item: Description 20241 FORDI RESPONDERI F150 35L.E ECOBOOST V6E ENGINE AUTOMATIC TRANSMISSION POWER WINDOWS LOCKS REAR VIEW CAMERA 18B PLATFORM RUNNING BOARDS 59F DRIVERS SIDELEDS SPOTLIGHT 67P KEYLESS ENTRY  WIP  A. Base Price: s 50.875.00  B. Factory Options Code  Bid Price Code S S S S > S 250,00 S 405.00 350.00  Description  Bid Price  EXTERIOR- -WHITE 96 INTERIOR- -BLACK  Total of B. Published Options:s 1.005.00 Published Option Discount (5%)s Options  (50.25) Bid Price  Description  Bid Price $ 9.694.95 $ 24900 S 700.00 S 1.207.60  SILSBEE FLEETUPFIT LGL. WINDOWT TINT GAIG-STANDADPAIROL PLASTIX PLUS CONSOLE. MAGI MICCLIP POST. SWING ARM. FACE PLATIS  Total ofc. I'npublished Options: S 11,851.55  D, Floor Plan Interest (fori in-stock and/or equipped vehicles): K. Lor Insurance (fori in-stock and/or equipped vehicles): F. C'ontract Price Adjustment: G. Additional Delivery Charge: 11. Subtotal: I. Quantity Ordered . Tradei in:  S 250.00 S S (2,500.00) S 225.00 S 61,656.30 S 123.312.60  0 miles  K. TIPS Administrative Fee (INCIEDED! I PRICE) 1.. Total Purchase Price Including TIPS Fee  $ 123,312.60    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER  CITY OF PASADENA 8-Oct-24 RICK BROWN  DESCRIPTION 2024 FORD RESPONDER 54"! NFORCE DUO LIGHTBAR QSF010380 8-LAMP DUO LIGHTSTICK W/ TA MPOWER RBW (UNDER TAILGATE) VERTEX R/B (REAR CORNER) MPOWER RBW (ROCKER PANEL) MPOWER BRACKET WIGWAG 400 SERIES REMOTE SIREN/SWITCH 100W SPEAKER SPEAKER BRACKET SETINA MPOWER LIGHTED PB 911 15 CIRCUIT HARNESS SINGLE PRISONER CAGE  UNIT PRICE EXT PRICE  SO,ENFLBS1254DUO 1 C3.MTSB35MCRABA SOEMPS2SMS5RBW 4 W.VTX9J SO.EMPS2STS5RBW 4 SO.PMP2BKDGAJ SO.ETHFSSFV SO.ETSA481RSP W.SA315U W.SAK1 SELBK2168FDIZIFI0 1 911.CH15  $2,432.66 $ 2,432.66 $ 618.97 $ 618.97 $ 125.12 $ 500.48 $ 76.59 $ 153.18 $ 125.12 $ 500.48 $ 7.36 $ $ 50.60 $ $ 550.16 $ 550.16 $ 193.20 $ 193.20 $ 28.29 $ $ 785.69 $ 785.69 $ 496.80 $ 496.80 $ 850.00 $ 850.00  1 2 4 1 1 1 1 1 1  29.44 50.60 28.29  PARTS INSTALLATION, SHOP SUPPLIES FREIGHT TOTAL  $ 7,189.95 $ 2,305.00 $ 100.00 $ 100.00 $ 9,694.95    TIPS  PRODUCT PRICING SUMMARY TIPS(SA210907 TRANSPORTATION VEHICLES VENDOR- Silsbee Ford. 1211Hwy 96 N. Silsbce TX7 77656  End l'ser: CITY OF PASADENA CVESLICK C'ontact: SEVERS Email: Product Description: FORD RESPONDER Bid Item: Description 2025 FORDF RESPONDERI F150 35L ECOBOOST V65 ENGINE AUTOMATIC TRANSMISSION POWER WINDOWS/ /LOCKS REAR VIEW CAMERA I8B PLATFORMI RUNNINGI BOARDS 59E DRIVERS SIDE LED SPOTLIGHT 67P KEYLESS ENTRY  Prepared by: RICKE BROWN Phone: 409.659.1555 Date: October 8.2024  Email: RBROWN.SILSBEEFLEETOGMAI  WIP  A. Base Price:s 50,875.00  B. Factory Options Code  Bid Price Code S S S S $ $ 250.00 S 405.00 $ 350.00  Description  Bid Price  EXTERIOR. WHITE 96 INTERIOR- BLACK  Totalo of B. Published Options: S 1,005.00 Published Option Discount (5%)s Options  (50.25) Bid Price  C. SILSBEE FLEETUPFIT LGL WINDOW TINT GRAPHICS-CVE: addedt tob both sides andr rear PLASTIX PLUS CONSOLE. MAGN MIC CI.IP POST,SWING, ARM. FACEP PLATES  Description  Bid Price S 15.639.95 S 249.00 S 750.00 S 1.20760  Total ofc. I'mpublished Options:L S 17,8-46.55  D. Floor Plan Interest (Tor in-stock and/or equipped vehicles): E. Lot Insurance (fori in-stock and/or equipped vehicles): F. Contract Price Adjustment: G. Additional Delivery Charge: I. Subtotal: I. Quantity Ordered . Tradei in:  S 250.00 S  0 miles xII  225.00 S 70,151.30 70,151.30  K. TIPS Administrative FEINCIIDADINFRIC) L. Total Purchase Price Including' TIPSI Fee  70,151.30    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER SO.ENFWB DUO SO.ETSA481RSP W.SAK1 W.SA315U C3.MTS835MCRABA SO.EMPS25MS5RBW, 4 W.VTX9J SO.EMPS2STS5RBW 4 SO.PMP2BKDGAJ SO.ETHFSSFV SO.ETSA481RSP W.SA315U W.SAK1 SELBKZ168FDIZIF1S0 1 911.CH15 PPPP-PUPA-SCB4 1 SM.SM3-SP DB.FF21C-270-MX  CITY OF PASADENA CVE OVERHEAD  8-Oct-24 RICK BROWN  DESCRIPTION 2025 FORD RESPONDER SO DUO INTERIOR LB NRGY 400 SERIES REMOTE SIREN SPEAKER BRACKET SPEAKER 8-LAMP DUO LIGHTSTICK W/ TA MPOWER RBW (UNDER TAILGATE) VERTEX R/B (REAR CORNER) MPOWER RBW (ROCKER PANEL) MPOWER BRACKET WIGWAG 400 SERIES REMOTE SIREN/SWITCH 100W SPEAKER SPEAKER BRACKET SETINA MPOWER LIGHTED PB 911 15 CIRCUIT HARNESS HAENN! WL-101LEVEL 1SCALE BOX WITH OPEN BOX AT FRONT SLIDE MASTER BED SLIDE DIAMONDBACK BED COVER  UNIT PRICE EXT PRICE  1 1 1 1 1 2 4 1 1 1 1 1 1 1  $1,019.15 $ 1,019.15 $ 550.16 $ 550.16 INCL $ 193.20 $ 193.20 $ 618.97 $ 618.97 $ 125.12 $ 500.48 $ 76.59 $ 153.18 $ 125.12 $ 500.48 $ 7.36 $ $ 50.60 $ $ 550.16 $ 550.16 $ 193.20 $ 193.20 28.29 $ 785.69 $ 785.69 496.80 $ 496.80 $3,682.00 $ 3,682.00 $1,359.30 $ 1,359.30 $2,168.85 $ 2,168.85  29.44 50.60 28.29  PARTS INSTALLATION) SHOP SUPPLIES FREIGHT TOTAL  $ 12,879.95 $ 2,560.00 $ 100.00 $ 100.00 $ 15,639.95    TIPS  PRODUCT PRICING SUMMARY TIPSISA: 210907 TRANSPORTATION VEHICLES VENDOR- Silshee Ford. 1211 llwy 96, N.. Silsbee TN 77656  End l'ser: OITYOF PASADENA Contact: SEVERS Email:  Prepared by: RICK BROWN Phone: 409.659.1555 Date: Ortober 8. 2024  Email: RBROWN.SILSBEEFLEETQGMAI  Product Description: FORD RESPONDER Bid Item: Description 2025 FORDRESPONDERI FI50 3.51. EÇOBOOST V6L ENGINI AUTOMATIC TRANSMISSION POWER WINDOWS/LOCKS REAR VIEW' CAMERA I8B PLATFORM! RUNNING BOARDS 59E DRIVERS SIDEI LED SPOTLIGHT 67P KEYLESS ENTRY  WIP  A. Base Price:s 50,875.00  B. Factory Options Code  Bid Price Code S S S S S S 250.00 S 405.00 S 350.00  Description  Bid Price  EXTERIOR. WHITE 96 INTERIOR-BLACK  Total of B. Published Options: s 1,005.00 Published Option Discount (5%)s Options  (50.25) Bid Price  Description  Bid Price S 16.310.10 S 249.00 S 750.00 $ 1.207.60  SILSBEEF FLEET UPFIT LGI. WINDOW TINT GRAPHICS- CVEa addedt tob boths sides and rear PLASTIX PL US CONSOLE. MAGI MIC CLIP POST. SWING/ ARM, FACEPLATES  Totald ofc.tnpublished Options:s 18,516.70  D. Floor Plan Interest (For in-stock and/or equipped vehicles): E. Lot Insurance (for in-stock andlor equipped vehicles):  S 250.00  E. C'ontract Price Adjustment: G. Additional Delivery Charge: I. Subtotal: I. Quantity Ordered J. Tradei in:  mites  225.00 S 70,821.45 70,821.45  K. TIPS Administrative Fce (INCI. DEDIN PRICE) L. Totall Purchase Price Including TIPS Fee  70,821.45    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER  CITY OF PASADENA CVE OVERHEAD  8-Oct-24 RICK BROWN  DESCRIPTION 2025 FORD RESPONDER 54" NFORCE DUO LIGHTBAR QSF010380 8-LAMP DUO LIGHTSTICK WI TA MPOWER RBW (UNDER TAILGATE) VERTEX RIB (REAR CORNER) MPOWER RBW (ROCKER PANEL) MPOWER BRACKET WIGWAG 400 SERIES REMOTE SIREN/SWITCH 100W SPEAKER SPEAKER BRACKET SETINA MPOWER LIGHTED PB 911 15 CIRCUIT HARNESS HAENNI WL-101 LEVEL 1SCALE BOXWITH OPEN BOX AT FRONT SLIDE MASTER BED SLIDE DIAMONDBACK BED COVER  UNIT PRICEL EXT PRICE  SOAENFLBS1254DUO 1 C3.MTSB35MCRABA SO.EMPS25MS5RBW 4 W.VTX9J SO.EMPS2STS5RBW 4 S0.PMP2BKDGAJ SO.ETHFSSFV SO.ETSA481RSP W.SA315U W.SAK1 SETBK2168FDIZIF150 1 911.CH15 PPPP-PUP-L3-SCB4 1 SM.SM3-SP DB.FF21C-270-MX  $2,432.66 $ 2,432.66 $ 618.97 $ 618.97 $ 125.12 $ 500.48 $ 76.59 $ 153.18 $ 125.12 $ 500.48 $ 7.36 $ $ 50.60 $ $ 550.16 $ 550.16 $ 193.20 $ 193.20 28.29 $ $ 785.69 $ 785.69 496.80 $ 496.80 $3,682.00 $ 3,682.00 $1,359.30 $ 1,359.30 $2,168.85 $ 2,168.85  $  1 2 4 1 1 1 1 1 1 1  29.44 50.60 28.29  PARTS INSTALLATION, SHOP SUPPLIES FREIGHT TOTAL  $ 13,550.10 $ 2,560.00 $ 100.00 $ 100.00 16,310.10    TIPS  PRODUCT PRICING SUMMARY TIPSISA210907 TRANSPORINTION VEIICLES VENDOR- Silsbee Ford. 1211 Hwy 96) N.. Silsbee TX 77656  End l'ser: CTTYOFI PASADEN. Contact: SEVERS 713.475,7229 Email: gisevers@pasadenalx gov Product Description: FORDFIS0 Bid ltem: Deseription  Prepared by: RICK BROWN Phone: 409.659.1555 Date: Oclohers. 2014  Email: RBROWN. SLSBEEFLFETOGMAI  L. B. Factory Options Code 3025 FORDFIOCREW CAB STXPACKAGE 995 5OL.VBENGINE XL3 331 ELOCKINGI REAR POWER WINDOWS LOCKS REAR VIEW CAMERA AM FM BLEUTOOTH  FIL  A. Base Priee:s 38.795.00  Bid Price Code S 6.062.00 DB INTERIOR- -BLACK $ 1.660.00 s 42000 s S $  Description  Bid Price S >  M7 CARBONIZED GRAY 40 CONSOLE/ 40  Total ofE B. Published Options: S 8,142.00 Published Option Discount (5%s (407.10)  Description  Bid Price  Options  Bid Price  Total ufc.tnpublished Options:s  D. Floor Plan Interest (for in-stock and/or equipped vehicles): E. Lot Insurance (for in-stuck: andlor equipped vehicles): F. Contract Price idjustment: G. Additional Delivery Charge: II. Subtotal: I. Quantity Ordered :. Tradei in:  miles  225.00 S 46,754.90 S 46.754.90 >  K. TIPS Administrative Fe(INCIDEDIN PRICE) L. Total Purchase Price Including TIPS Fee  $ 46,754.90    TIPS VENDOR AGREEMENT  SILSBEE FORD INC  Between  and  (Company Name)  THE INTERLOCAL PURCHASINGSYSTEMI (TIPS), aD Department of Texas Education Service Center Region 8 for  TIPS RFP 210907 Automobiles  General Information  The Vendor Agreement ("Agreement") made and entered into by and between The Interlocal Purchasing System (hereinafter "TIPS") a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 4845 US Hwy 271 North, Pittsburg, Texas 75686 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the AF Purchase Order ("PO"), Agreement or Contract is the TIPS Member's approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate ofi insurance, bonding requirements, small or disadvantaged business  parties in writing and by signature and date on the attachment.  goals are: some, but not all, oft the possible addendums.  Terms and Conditions  Freight  All quotes to Members shall provide a line item for cost for freight or shipping regardless ift therei is a charge ornot. Ifno charge fort freight or shipping, indicate by stating "No Charge", "$0", "included inj price" or other similar indication. Otherwise, all shipping, freight or delivery changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative  shipping terms are agreed by TIPS as aresult of the proposal award.  Warranty Conditions  All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS Members if the offering is included in the Request for Proposal ("RFP") category. All goods proposed and  sold shall ber new unless clearly stated in writing.  Customer Support  The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. Ifsupport and/or training isal line item sold or packaged with as sale, support shall be as agreed  with the TIPS Member. TIPS Vendor Agreement 06022020_sr  Page 1  EXHIBIT"?"    Agreements  Agreements for purchase will normally be put into effect by means of a contract, agreement, or purchase order(s) executed by authorized agents of the TIPS Member participating government entities, but other means of placing an order may be used at the Member's discretion. Vendor accepts and understands that when a purchase order or similar purchase document is sent from a customer through TIPS to the Vendor, TIPS is recording the purchase and verifying whether the purchase is within the parameters of the TIPS Contract only. Vendor agrees that TIPS is not a legal party to the purchase order or similar purchase document and TIPS is not responsible for identifying fraud, mistakes, or misrepresentations for the specific order. Vendor agrees that any purchase order or similar purchase document issued from a customer to Vendor,even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. A Vendor that accepts ap purchase order or similar purchase document andf fulfills an order, even when processed through TIPS, is representingi that the vendor has carefullyreviewed the purchase order or similar  purchase document for legality, authenticity, and accuracy.  Tax exempt status of the TIPS Member shall apply. Assignments of Agreements  Most TIPS Members are taxe exempt and the related! laws and/or regulations of the controlingursaictiong,  No assignment of this Agreement may be made without the prior notification of TIPS. Written approval of TIPS: shall not be unreasonably withheld. Payment for delivered goods and services can only be madei toi the  awarded' Vendor, Vendor designated reseller or vendor assigned company.  Disclosures  Vendor and TIPS affirm that he/she, or any authorized employees or agents, has not given, offeredto give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Vendor shall attach, in writing, a complete description of any and all relationships that might be The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendorsin  Agreement.  considered a conflict of interest in doing business with the TIPS program.  the award of this Agreement. Term of Agreement and Renewals  The Agreement with TIPS is for approximately three (3) years with an option for renewal for an additional one (1)c consecutive year. IfTIPS offerst the renewal extension year, the Vendor willl be notified by emailt tot the primary contact oft the awarded' Vendor and shall be deemed accepted byt the Vendor unless the awarded Vendor notifies TIPS of its objection to the additional term. TIPS may or may not exercise the available extension(s) provided in the original solicitation beyond the base three-year term. Whether or not to offer the extension is at the sole  discretion of TIPS.  TIPS Vendor Agreement 06022020_sr  Page 2    "Start Date" for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for Agreement "term" calculation purposes only, the Agreement "start date"isthel last day of the month that Award Example: If the anticipated award date published in the. Solicitation is May 22, 2020 but extended negotiations delay award until. June 27, 2020 The end date of the resulting initial "three-year" term Agreement, (which is Termination Date": The scheduled Agreement termination date" shall be the last day of the month of the Example: If the original term is approximately three years, and the solicitation provides an anticipated award date of May 22, 2020, the expiration date of the original three-year term: shall be May 31, 2023. Extensions: Any extensions of the original term shall begin on the next day after the day the original term Example Following the Previous Bxample./TPSelfersooeyearextemsion, the expiration oft thee extendedterm TIPS may offer to extend' Vendor Agreements to the fullest extent the original Solicitation permits. Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the No Agreement for goods or services with a TIPS Member by the awarded vendor named in this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated in an Agreement by the vendorwith the TIPS Member shallonly be valid and enforceable when the vendor receives written confirmation by purchase order, executed Agreement or other written instruction issued byt the TIPS Member fora any renewal period. The purpose oft this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properlya appropriated andl budgetedt thet funds to satisfy the Agreementrenewal. Thisterm is not negotiable and any Agreement betweena a TIPS Member and a TIPS awarded vendor with an automatic  Notifications are anticipated as published in the Solicitation subject to an extension(s)) will: still be May 31, 2023.  month of the Original Solicitation's Anticipated Award Date plus three years.  expires. shall be May 31, 2024.  Solicitation and withi the Vendor Namedi int this Agreement.  renewal clause that conflicts with these terms is rendered void and unenforceable.  Shipments  The Vendor shall ship, deliver or provide ordered products or senviceswithinacommercialyreasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or1 the requesting entity may cancel the order if estimated delivery time is not acceptable  or not as agreed by the parties.  Invoices  Each invoice or pay request shall include the TIPS Member's purchase order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the shipment tracking number or pertinent information for verification of1 TIPS Member receipt shall be made available upon request. The TIPS Member will make payments directly to the Vendor, the Vendor Assigned Dealer or as agreed by the Vendor and the TIPS Member after receiving invoice and in compliance with applicable payment statute(s), whicheveris the greater time or as otherwise provided by an agreement of the parties.  Payments  TIPS Vendor Agreement 06022020_sr  Page3    Pricing  Pricei increases will bel honored according to thet terms oft the solicitation. All pricing submitted to TIPS: shall include the participation fee, as provided in the solicitation, to be remitted to TIPS by the Vendor. Vendor  will not show adding the fee to thei invoice presented to TIPS Member customer.  Participation Fees and Reporting of Sales to' TIPS by Vendor  Thel Participation Fee that was published as parto ofthe Solicitation and thet fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code $791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including partial payment, from the Member Entity and must be paid to TIPS at least onar monthly! basis, specifically within 31 calendar days ofr receipt of payment, ifnotr more frequently, or as otherwise agreed by TIPSi in writing and signed by an authorized signatory ofl TIPS. Thus, when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even partial payment, for a TIPS: sale, the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of  receipt of payment, if not more frequently. Reporting of Sales to TIPS by Vendor  Vendori is required to report alls sales under the TIPS contract to TIPS. When a public entityi initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the' Vendor holds a TIPS Contract, itis the duty oft the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on any communications and related sales documents exchanged withi the TIPSMember entity. Tor report sales, the Vendor must login tot the TIPS Vendor Portal online at https/www.tips-usa.com/vendors form.cfm and click on the PO's and Payments tab. Pages 3-7 of the! Vendor Portal User Guide will walk) you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ's for more information about reporting sales and if you have further questions, contact the Accounting Team at countingetpusacon, The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. Failure to render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmentalentity, Texas Education Service Center Region 8, as established byt the Texas legislaturea and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action. Any overpayment of participation fees to TIPS bya a Vendor willl bei refundedt toi the Vendorv within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. Itis the Vendorsresponsblity to identify which sales are TIPS Agreement sales and pay the correct participation fee due for1 TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline to notify ifapproved by the Region 8 ESC Board of Directors. TIPS: reserves all rights under the law to collect the fees due. Please contact TIPS at tips@tips-usa.com or call (866) 839-8477 if you have questions  about paying fees. Indemnity  Thel endoragpretomcemlyamd hold harmlessand defend TIPS,TIPSMemberl),officersand: employees from and against all claims and suits by third parties for damages, injuries to persons (including death),  TIPS Vendor Agreement 06022020_sr  Page 4    property damages, losses, and expenses including court costs and reasonable attorney's fees, arising out of, or resulting from, Vendor's performance under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole ori in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESCREGIONS. Per Texas Education Code 544.032(f), and pursuant to its requirements only, reasonable Attorney's fees are  recoverable by the prevailing party in any dispute resulting in litigation.  State of Texas Franchise Tax  By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of  any franchise taxes owed the State of Texas under Chapter: 171, Tax Code.  Miscellaneous  The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals fori items or services already on Agreement at any time.  Purchase Order Pricing/Product Deviation  Ifa deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order. TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations: 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 4845 US Hwy North, Pittsburg, Texas 75686. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. Thistermination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate ai termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other  Termination for Convenience of TIPS Agreement Only  needs.  TIPS Member Purchasing Procedures  Usually, purchase orders or their equal are issued by participating TIPS Membert to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are  typically emailed to TIPS at ipspo@tps-usa.com.  Awarded Vendor deliversgoods/senices directly to the participating member. Awarded Vendor invoices the participating TIPS Member directly. Awarded Vendor receives payment directly fromi the participating member.  Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from  TIPS Vendor Agreement 06022020_sr  Page! 5    the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized: signatory ofTIPS. Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fullyi informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work and/orc cancelamorderorteminate this ora anyothersalesAgreementofanyawarded Vendorwhose license(s) required for performance under this Agreement have expired, lapsed, are suspended ori terminated subject  Licenses  toa a 30-day cure period unless prohibited by applicable statue or regulation.  Novation  Ifawarded Vendor sells ort transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five  (5) business days oft the transfer of assets or rights. Site Requirements (only when applicable to: service or) job)  Cleanup: When performing work on site ata a TIPSI Member's property, awarded Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member or as agreed byt the parties. Upon completion of work, the premises shall be left in good repair and an orderly, Preparation: Awarded' Vendor shall not begin a project for which TIPS Memberhas not prepared the site, unless awarded Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, Registered sex offender restrictions: For work to be performed at schools, awarded Vendor agrees that no employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPSI Member.. Awarded' Vendor agrees that a violation oft this condition shall be considered a material breacha andr mayresulti int the cancellation ofthep purchase order at the TIPSMember's discretion. Awarded Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Safety measures:. Awarded Vendor shall take all reasonable precautions for1 the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded' Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall bet taken pursuant to state law and standard practices to protect workers,general; public  neat, clean and unobstructed condition.  installing wiring for networks or power, and similar pre-installation requirements.  and existing structuresi from injury or damage.  Safety Measures  Awarded' Vendor: shall1 take all reasonable precautions for thes safety ofe employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public  and existing structures fromi injury or damage.  Smoking  TIPS Vendor Agreement 06022020_ sr  Page 6    Persons working under Agreement shall adhere to the TIPS Member's or local smoking statutes, codes or  policies. Marketing  Awarded Vendor agrees to allow TIPS1 to use their name and logo within TIPS website, marketing materials and advertisement subject to any reasonable restrictions provided to TIPS in the Proposal to the Solicitation. The Vendor may submit an acceptable use directive for Vendor's names and logos with which TIPS agrees to comply. Any use of TIPS name and logo or any form of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior approval from TIPS which will not be  unreasonably withheld. Request may be made by email to TIPSOTIPS-USA.COM.  Supplemental Agreements  The TIPS Member entity participatingi int the TIPS Agreement and awarded' Vendorr may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents, TIPSMembers: and employees nota a party tot the! Supplemental Agreement witht the TIPS Member customer, shall not be made party to any claim for breach of such agreement unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an additional agreement, those agreements shall comply with the award made by TIPSto the Vendor. Supplemental Vendor's Agreement documents may not become part of TIPS' Agreement with Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor's TIPS Agreement so long as they do not materially conflict with this Agreement.  Survival Clause  Alla applicable sales, leases, Supplemental. Agreements, contracts, software license agreements, warrantiesor service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under thet terms and conditions oft this Agreement shall survive the expiration or termination oft this Agreement.. All Orders, Purchase Ordersissued or contracts executed! by TIPSoraTIPS! Member and accepted byt the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise  specified herein relating toi termination oft this agreement.  Legal obligations  Iti is the responding Vendofsresponsiblty to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in the applicable Solicitation that resulted in this Vendor Agreement and any awarded. Agreement thereof. Applicable laws and regulations must bei followed even if  nots specifically identified herein.  Audit rights  Due to transparency statutes and public accountability requirements of TIPS and TIPS Members', the awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting of TIPSrelated purchases fora a period of three (3) years from thet time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective  TIPS Vendor Agreement 06022020_ sr  Page7    date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Awarded Vendor's pricing or TIPS transaction documentation with TIPS Members with 30 days' notice unless the audit is ordered bya Court Order or bya Government Agency with authority to do sO without notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third- party auditing firm toi investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in thet time, format and ati thel location acceptable to Region8ESCOrIPS. TIPSa agrees not to performarandom audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit forj just cause or as required bya anygovernmental: agency or court with regulatoryauthority over TIPS or the  TIPS Member. Force Majeure  If by reason of Force Majeure, either party hereto shall be rendered unable wholly or inj part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, sO far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable  dispatch. Choice of Law  The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.  Venue, Jurisdiction and Service of Process  Any Proceeding arising out of orre relating tot this procurement process or any contract issued by TIPSresulting from or any contemplated transaction shall bel brought in a court of competent, jurisdictioni in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waivesany objection it may now or hereafter have to venue ort to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined onlyi in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both oft them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere int the world. Venue for any dispute resolution process, other than litigation,  between TIPS and the Vendor shall bel located in Camp or Titus County, Texas.  Project Delivery Order Procedures  The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document, may make ar request ofthe awarded Vendor under this Agreement whent thel TIPSMemberdesires goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member's request as soon as possible, but must make contact with the TIPS Member within two working  days.  TIPS Vendor Agreement 06022020_sr  Page 8    Status ofTIPS Members as Related to This Agreement  TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposalinformation: and all related documents. TIPSI Members have alli the same rightsunder the: awarded  Agreement as TIPS.  Vendor's Resellers as Related to This Agreement  Vendor's Named Resellers ("Resellers") under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor's Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendori is responsible for their contractual failures and shall be billed for thet fees. The awarded Vendor may then recover thet feest from their named reseller. Ifthere is a dispute between the awarded Vendor and" TIPS Member, TIPS ori its representatives may, at TIPS sole discretion, assisti in conflict resolution ifrequested by either party. TIPS, ori its representatives, reserves the right to inspect any project and audit the awarded Vendor's TIPS project files, documentation and correspondence relatedt to the requesting TIPSI Member's order. Ift there are confidentiality requirements by  Support Requirements  either party, TIPS shall comply to the extent permitted by law.  Incorporation of Solicitation  Thel TIPSSolicitation which resultedi int this Vendor Agreement, whether al Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendorsresponse to same and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim.  SECTION HEADERS ORT TITLES  THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND AREI NOTF FOR CLASSIFICATIONOR. LIMITING OF THE RESPONSBILTESOF THE PARTIESTO THIS DOCUMENT. Texas governmental entities are prohibited from doing business with companies that fail to certify to this  STATUTORY REQUIREMENTS  condition as required by Texas Government Code! Sec. 2270.  By executing this agreement, you certify that you are authorized to bind the undersigned' Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during thet term oft the Agreement. You certify that your companyi is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https//comptrollerexasgov/purchasing/docs/oresgn-terrorist.pdr Youd certify thati ift the certified statements abovel become untrue at anyt time during thel life oft this Agreement that the' Vendor willr notify TIPS within three (3) business day oft the change by al letter on Vendorsletterhead from and signed bya an authorized representative of the Vendor stating the non-compliance decision and the  TIPS Agreement number and description at: Attention: General Counsel TIPS Vendor Agreement 06022020_sr  Page9    ESCI Region 8/Thel Interlocal Purchasing System (TIPS) 4845 Highway 271 North Pittsburg, TX,75686 And by an email sent to bids@tips-usa.com Insurance Requirements Holders: General Liability Automobile Liability Workers' Compensation Umbrella Liability  The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract  $1,000,000 each Occurrence/ Aggregate $300,000 Includes owned, hired & non-owned Statutory limits for thej jurisdiction in which the Vendor performs under this Agreement.  $1,000,000  When the Vendor or its subcontractors: are liable for any damages or claims, the Vendor's policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor'sinsurance policy. The coveragesand limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof ofr retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor's required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage excepta after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Memberi ifap project or pending delivery of an orderi is ongoing. Upon request, certified copies of alli insurance policies shall bei furnished to the TIPS or the TIPS Member.  Special Terms and Conditions  Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- usa.com. ShouldaT TIPS Member send an orderdirectlyt to the Vendor, iti is the Vendorsresponsiblty to forward a copy of the order to TIPS at the email above within 3 business days and confirm its Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor ort through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, andt thereby bypassing thel TIPS Agreementi is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS: shall be notified when prices change in accordance with the award. Back Ordered Products: If product is not expected to ship within the time provided to the TIPS  receipt with TIPS.  Program. business days.  TIPS Vendor Agreement 06022020_sr  Page 10    Member by the Vendor, the Memberist to be notified within 3 business days and appropriate action  taken based on customerrequest.  The TIPS Vendor Agreement Signature Page is inserted here.  TIPS Vendor Agreement 06022020_ sr  Page 11    TIPS Vendor Agreement Signature Form  TIPS REP210907 AUTOMOBILES  SILSBEE FORD INC. 1211 US HIGHWAY 96 NORTH  Company Name Address City. Phone  SILSBEE 512.4361313 Email of Authorized Representative Name of Authorized Representative SALES Title  TX State_ Zip.  77656  Fax.  SGAMBLIN.SILSBEEFLEET@GMAIL.COM  SETH GAMBLIN  Signature of Authorized Representative STAGAMBLNN  Date.  10/15/2021  TIPS Authorized Representative Name David Fitts  Title Executive Director  TIPS Authorized Representative Signature. dantdpedite Approved by ESC Region 8 dasllipsill  Date. 10/29/2021    NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES TPSVENDORSRESPONDTO ATTRIBUTE QUESTIONS ASPART OFTIPSCOMPETTIVE SOLICITATION PROCESS. THE VENDOR'S RESPONSES TO ATTRIBUTE QUESTIONS ARE INCLUDED HEREIN AS "SUPPLIER RESPONSE." PLEASE BE ADVISED THAT DEVIATIONS, IF ANY, IN VENDOR'SR RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT REFLECT VENDOR'S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACTTHE TIPS OFFICE AT 866-839- 8477 WITH QUESTIONS ORCONCERNSREGAROINGVENDORATTRIBUTE RESPONSE DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEGAL COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM  TIPS VENDORS.    TIPS  210907 Addendum 2 SILSBEE FORD INC. Supplier Response  Event information Number: 210907 Addendum 2 Title: Type: Issue Date: 9/2/2021 Notes:  Automobiles Request for Proposal  Deadline: 10/19/2021 03:00 PM (CT)  Ifyou already hold a contract that allows you to sell all your offerings, there may be no need to respond to this RFP. This may include new cars, trucks, vans, buses (other than school buses as defined by the USDOT or applicable state law, whichever is most restrictive), SUVs, ATVs, UTVs, motorcycles and parts and Any type of motorized vehicle on or off road. New or used. New vehicles are priced at a minimum discount from Manufacturer's list price. Used vehicles must be priced based on your proposed coefficient or percentage of the book relative price against a published used vehicle pricing service that you select and agree to document. Example Blue book, Black book, NADA, etc. or other catalog that meets the definition of' "catalog" published ini the RFP. See additional information in the specifications.  accessories and service.  Contact Information  Address: Region 8 Education Service Center  Page lof2 27 pages  Vendor: SILSBEEFORDI INC.  210907 Addendum: 2    4845 US Highway 271 North Pittsburg, TX 75686  Phone: +1 (866)839-8477 Email: Dids@tips-usa.com  Page 2of27 pages  Vendor: SILSBEE FORDI INC.  210907 Addendum2    SILSBEE FORD INC. Information  Contact: Address: Phone: Fax: Email:  SETH GAMBLIN 1211 US HWY 96 NORTH SILSBEE, TX77656 (512)436-1313 (409)895-3884  SGAMBLIN.SILSBEEFLEET@GMAIL.COM  Web Address: isDeeleetgroup.com  By submitting your response, you certify that you are authorized to represent and bind your company.  SETHGAMBLIN Signature  SGAMBLIN.SILSBEEFLEET@GMAIL.COM  Email  Submitted at 10/18/2021 3:13:02: PM Supplier Note THANK YOU!  Requested Attachments Agreement Signature Form  210907 Agreement Signature Form SILSBEE FORD. pdf  Ifyou have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the' ATTACHMENTS" tab. This PDF document is ai fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the  completed and signed AGREEMENT SIGNATURE FORM, and upload here.  Ifyou have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this isa All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification  required document. All Other Certificates  No response  scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.  Pricing Form 2  210907 Pricing Form 2 (1) SILSBEE FORD.xisx  The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested  Reference Form  210907 Reterence._Form SILSBEE FORD.xls  The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and  upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE  No response  INSTRUCTIONS  ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS  Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in the Base documents or can be found at htps/Mww.tips-usa.cmvassesco.uments/docs/ci@pdt:  Page 3of27 pages  Vendor: SILSBEE FORDINC.  210907 Addendum2    Proposed Goods and Services  Marketing statement Silsbee Fleet COMPANY SUMMARY. pdf  Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR list links to your offerings thati illustrate the catalog of proposed lines of goods and or services you carry and offer under this proposal. It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could D/M/WBE Certification documentation may be scanned and uploaded ify you desire to claim your status as one of the identified enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Enterprise) If vendor has more than one certification scan into one document. (PDF Format ONLY) Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY)  be as simple as a sheet with your link to your online catalog of goods and services.  D/M/WBE Certification OPTIONAL  No response  DOI NOT UPLOAD encrypted or password protected files. DO NOT UPLOAD encrypted or password protected files.  Warranty  No response  Vendor Agreement  210907 Vendor Agreement SILSBEE FORD INC.pdf  The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and  upload the completed agreement.  DO NOT UPLOAD encrypted or password protected files. information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.  Pricing Form 1  210907 Pricing Form 1 SILSBEE FORD.xisx  The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested  Supplementary Format ONLY)  No response  Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF  DOI NOT UPLOAD encrypted or password protected files.  Logo and Other Company Marks  No response  Ify you desire, please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the Supplementary section or another non-required section under the Response Attachment" tab. Preferred Logo  Format: 300x 225 px- -png, eps, jpeg preferred  Certification of Corporate Offerer Form- COMPLETE ONLY IF OFFERER ISA  No response No response  CORPORATION  COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION ONLY IF you answered "IHAVE Lobbied per above" to attribute #66, please download and complete and upload the Standard Form-LLL, "disclosure Form to Report Lobbying," in the Response attachments section. REQUIRED CONFIDENTIALITY FORM. Complete the form according to your company requirements, make any desired attachments and upload to the appropriate section under "Response Attachments" THIS FORM DETERMINES You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form  Disclosure of Lobbying Activities Standard Form LLL  Confidentiality Claim Form  210907 CONFIDENTIALITY CLAIM FORM SILSBEE FORD.pdf  HOWESCB/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.  Current W-9 Tax Form  silsbee ford w9 2021.pdf  willl be utilized by TIPS to properly identify your entity.  Page 4of27 pages  Vendor: SILSBEE FORDI INC.  210907 Addendum 2    Bid Attributes Yes- - No  Disadvantaged/Minority/Women Business Enterprise - DM/WBE/Federal HUBZone (Required by some participating governmental entities). Vendor certifies that their firm is a D/M/WBE or HUBZone? Vendor must upload proof of  certification to the Response Attachments" D/M/WBE CERTIFICATES section.  NO 2 Yes No  Historically Underutilized Business HUB (Required by some participating governmental entities) Vendor certifies that their firm is a HUB as defined by the State of Texas at nttps/comptroler.lerlexasgowpurenasingvendorhub. Proof may be submitted. Vendor must upload proof of certification to the' Response Attachments" HUB  CERTIFICATES section.  No 3 Yes- No Yes 4 States Served: No response  The Vendor can provide services and/or products to all 50 US States?  Ifanswer is NO to question #3, please list which states can be served. (Example: AR, OK, TX)  5 Company andlor Product Description:  This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit SILSBEE FLEET GROUP (SILSBEE FORD, LAKE COUNTRY CHEVROLET, DODNALSON CDJR, SILSBEE  750 characters.) TOYOTA) 6 Primary Contact Name Primary Contact Name SETH GAMBLIN 7 Primary Contact Title Primary Contact Title FLEET SALES 8 Primary Contact Email Primary Contact Email 9 Primary Contact Phone Example: 8668398477 5124361313  SGAMBLNSILSBEEFLEEI@GMALCOM  Enter 10 digit phone number. (No dashes or extensions)  Page 5of27 pages  Vendor: SILSBEE FORDI INC.  210907 Addendum2    Primary Contact Fax Example: 8668398477 No response Primary Contact Mobile Example: 8668398477 No response Secondary Contact Name Secondary Contact Name SETH GAMBLIN Secondary Contact' Title Secondary Contact Title FLEET SALES Secondary Contact Email Secondary Contact Email SGAMBLNSLSBEEPLEEI@GMALCOM Secondary Contact Phone Example: 8668398477 5124361313 Secondary Contact Fax Example: 8668398477 No response Secondary Contact Mobile Example: 8668398477 No response Admin Fee Contact Name SETH GAMBLIN Admin Fee Contact Email Admin Fee Contact Email  Enter 10 digit phone number. (No dashes or extensions)  Enter 10 digit phone number. (No dashes or extensions)  Enter 10 digit phone number. (No dashes or extensions)  Enter 10 digit phone number. (No dashes or extensions)  Enter 10 digit phone number. (No dashes or extensions)  8  Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.  9  SGAMBLNSLSBEEFLEEPLEET@GMALCOM  Page 6of27 pages  Vendor: SILSBEEI FORDI INC.  210907 Addendum 2    Admin Fee Contact Phone Example: 8668398477 5124361313  Enter 10 digit phone number. (No dashes or extensions)  Purchase Order Contact Name  Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.  SETH GAMBLIN  Purchase Order Contact Email Purchase Order Contact Email SGAMBLINSILSBEEFLEETOGMALCOM Purchase Order Contact Phone Example: 8668398477 5124361313 Company Website No response  Enter 10 digit phone number. (No dashes or extensions)  Company' Website (Format- www.company.com, Entity D/BIA's and Assumed Names  Please identify all ofy your entity's assumed names and D/B/A's. Please note that you willl be identified publicly by the legal name under which you responded to this solicitation unless you organize otherwise with TIPS after award.  No response Primary Address Primary Address 1211 US HIGHWAY 96N. Primary Address City Primary Address City SILSBEE 2 Primary Address State 8 TEXAS  Primary Address State (2 Digit Abbreviation)  Primary Address Zip Primary Address Zip 77656  Page 7of27 pages  Vendor: SILSBEE FORDE INC.  210907 Addendum2    Search Words:  Please list search words to be posted in the TIPS database about your company that TIPS website users might search. Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer  name, etc.)  AUTOMOBILE, TRUCK, CAR, VEHICLE  Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it intent to be able to sell to our members regardless of the fund source, whether it be local, state or Most of our members receive Federal Government grants or other funding and they make up a significant portion of their budgets. The Members need to know if your company is willing to sell tot them when they spend federal budget funds on their purchase. There are attributes that follow that include provisions from the federal regulations in 2 CFR part 200, etc. Your answers will determine ify your award will be designated as eligible for TIPS Members to Do you want TIPS Members to be ablei to spend Federal funds, at the Member's discretion, with you?  1 federal?  your  utilize federal funds with your company.  Yes Yes - No owner:  Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority  (A) has its principal place of business in Texas;  OR  (B) employs at least 500 persons in Texas? awarded vendors. Itdoes not affect scoring with TIPS.  This question is required as a data gathering function fori information to our members making purchases with  Yes 3 SILSBEE  3 Company Residence (City)  Vendor's principal place of business is in the city of?  Company Residence (State)  Vendor's principal place of business is in the state of?  TEXAS  Page 8of27 pages  Vendor: SILSBEE FORDI INC.  210907 Addendum2    Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES Remember this is a MINIMUM discount percentage. So, be sure that the discount percentage inserted here can be applied to ANY OFFERING OF GOODS OR SERVICES THROUGHOUT THE LIFE OF THE CONTRACT. CAUTION: BE CERTAIN YOU CAN HONOR THIS MINMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE What is the MINMUM percentage discount off of any item or service you offer to TIPS Members that is in your regular catalog (as defined int the solicitation specifications document), website, store or shelf pricing or when adding new goods or services to your offerings during the life oft the contract? The resulting price of any goods or services Catalog list prices after this discount is applied is a ceiling on your pricing and not a floor because, in order tol be more competitive in the individual circumstance, you may offer al larger discount depending on the items or services purchased and the quantity at time of sale. Please note that any specific greater discount offered for a particular product, brand, or service listed in' Vendor's proposal will control and' Vendor will be required to honor that greater specific discount, in excess of the minimum discount, for that particular product, brand, or service fori the life  ON THIS ATTRIBUTE QUESTION  OR GOOD NOWORI DURING THE LIFE OF THE CONTRACT.  oft the contract.  Must answer with a number between 0% and 100%.  0%  3 MINIMUM Discount Term  Does the vendor agree to at least offer, for the life oft the Agreement, the Minimum Discount Percentage off list or catalog proposed by' Vendor in response to the Attribute entitled "Discount Offered- CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLYI MAKE MISTAKES ON THIS ATTRIBUTE QUESTION"? TIPS will utilize this response to satisfy the Long Term Cost scoring evaluation criteria. A"YES" answer will be awarded the maximum 10 points for this criterion out of the 1001 total points and a' "NO" answer is awarded 0 points.  YES  Catalog or list pricing of vendor  For the duration of the Contract, Vendor agrees to provide catalog pricing, as defined in the solicitation and below, "Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of date, during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form A. isr regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available fori inspection by a customerduring the purchase process; C. tov which the minimum discount proposed by the proposing Vendor mayl be applied.  tol TIPS upon request for any goods and services offered on the Vendor's TIPS Contract.  that:  Yes  TIPS Administration Fee  By submitting a proposal, la agree that all pricing submitted to TIPS shall include the Administration Fee, as designated in the solicitation or as otherwise agreed in writing which shall be remitted to TIPS by the Vendor, or the vendor's named resellers, and as agreed to in the Vendor Agreement. agree that the fee shall not and will not be added by the Vendor as a separate line item on a TIPS member invoice, quote, proposal or any other written  communications with the TIPS member.  Page 9of27 pages  Vendor: SILSBEEI FORDI INC.  210907 Addendum: 2    Yes- - No  Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, Vendor agrees to  guarantee the fee remittance by or for the reseller named by the vendor? to agree shall render your response void and it will not be considered.  TIPS/ESC Region 8 is required by Texas Government Code S 791 to be compensated fori its work and thus, failure  Agreed  Additional Discounts?  Do you offer additional discounts to TIPS members for large order quantities or large scope of work?  Yes  Years in Business as Proposing Company Years in business as proposing company?  18  Resellers:  Does the vendor have reseliers that it will name under this contract? Resellers are defined as other companies that EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME (Ifa applicable, Vendor should add all Authorized Resellers within the TIPS Vendor Portal upon award).  sell your products under an agreement with you, the awarded vendor of TIPS.  would list BIGmart as a reseller.  No  Right of Refusal  The proposing vendor has the right not to sell under the awarded agreement with a TIPS member at vendor's  discretion unless required by law. NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid or proposal, the Bidder certifies that:  1)This bid or proposal has been independently arrived at without collusion with any other Bidder or with any 2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of 3) No attempt has been or will be made toi induce any other person, partnership or corporation to submit or not to 4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.  Competitor;  bids, or proposals for this project, to any other Bidder, Competitor or potential competitor:  submit a bid or proposal; person signing in its behalf.  Page 10of27 pages  Vendor: SILSBEEI FORDI INC.  210907 Addendum2    CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ-D Do you have any CONFLICT OF INTEREST Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or Ify you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein-  TO REPORT OR DISCLOSE under this statutory requirement?  NO  you are required to complete and file with TIPS. The Form CIQ is one of the attachments to this solicitation.  There is an optional upload for this form provided if you have a conflict and must file the form  No  Filing of Form CIQ No  Ify yes (above), have you filed ai form CIQ by uploading the form to this RFP as directed above?  Regulatory Standing question. Yes 8  Icertify to TIPS for the proposal attached that my company is in good standing with all governmental agencies Federal or state that regulate any part of our business operations. Ifr not, please explain in the next attribute  4 Regulatory Standing No response  Regulatory Standing explanation of no answer on previous question.  Antitrust Certification Statements (Tex. Government Code $ 2155.005) By submission of this bid or proposal, the Bidder certifies that:  laffirm under penalty of perjury oft the laws of the State of Texas that:  (1)lam duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, (2) In connection with this bid, neither Inor any representative of the Company has violated any provision of the (3) In connection with this bid, neither In nor any representative of the Company has violated any federal antitrust (4) Neither I nor any representative of the Company has directly or indirectly communicated any oft the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged  partnership or individual (Company) listed below;  Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;  law;  in the same line of business as the Company.  Page 11of27p pages  Vendor: SILSBEEI FORDI INC.  210907 Addendum 2    Suspension or Debarment Instructions Instructions for Certification:  1.E By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is 2.T The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. Ifi it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or 3.1 The prospective lower tier participant shall provide immediate written notice to the person to which this proposal iss submitted if at any time the prospective lower tier participant learns that its certification was erroneous when 4. The terms "covered transaction,"debared,"suspended," "ineligible," "lower tier covered transaction," "participants," "person," "primary covered transaction," "principal," "proposal" and' voluntarily excluded," as used in this clause, have the meanings set outi in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, 6.The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and' Voluntary. Exclusion-Lower Tier Covered Transaction" without modification in all lower tier covered transactions and in all solicitations for lower tier covered 7.A participant in a covered transaction may rely upon a certification of a prospective participant in al lower tier covered transaction that iti is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility ofi its principals. Each participant may, but is not required to, check the 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business 9.Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available  providing the certification set out herein in accordance with these instructions.  debarment.  submitted or has become erroneous by reason of changed circumstances.  those regulations.  unless authorized by the department or agency with which this transaction originated.  transactions.  Nonprocurement List.  dealings.  remedies, including suspension and/ /or debarment. Suspension or Debarment Certification federally funded contract as described above.  By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a  Yes  Page 12of27 pages  Vendor: SILSBEEFORD: INC.  210907 Addendum2    Non-Discrimination Statement and Certification  Ina accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all Persons with disabilities who require alternative means of communication for program information (e.g.. Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800)877-8339. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File al Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of thei information requested in the form. To request a copy oft the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office oft the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C.  programs). Remedies and complaint filing deadlines vary by program or incident.  Additionally, program information may be made available in languages other than English.  20250-9410; (2) fax: (202)690-7442; or (3) email: rogam.nake@usdagol.  (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement - Nutrition Programs and Activities) AIIU.S. Departments, including the USDA are equal opportunity provider, employer, and lender.  Not a negotiable term. Failure to agree by answering YES will render your proposal non-responsive and it will not be considered. Icertify thati in the performance of a contract with TIPS or its members, that our company will conform to the foregoing ant-discrimination statement and comply with the cited and all other applicable laws and regulations.  MYes, Icertify (Yes)  2CFRI PART 200 Contract Provisions Explanation  Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and The following provisions are required to be in place and agreed if the procurement is funded in any part with federal The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are located in 2 CFR PART 200 Appendix II to Part 200--Contract Provisions for Non-Federal Entity Contracts Under In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable.  TIPS Members: funds.  Federal Awards at 2 CFR PART: 200. Others are included within 2 CFR part 200etal.  Page 13of27 pages  Vendor: SILSBEEI FORDI INC.  210907 Addendum2    2CFR PART 200 Contracts  Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and' TIPS Members, ESC Region 8and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this  appropriate.  procurement in the event of breach of contract by either party.  Does vendor agree? Yes  2CFR PART 200 Termination  Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be Pursuant to the above, when federal funds are expended by ESC Region 8 and' TIPS Members, ESC Region 8 and of$10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exciusive and the ESC Region 8and TIPS reserves the right to purchase goods and services from other vendors when iti is in the best interest of  effected and the basis for settlement. (All contracts in excess of $10,000) TIPS Members reserves the right to terminate any agreement in excess  and up to 30 days, to cure the causal breach oft terms and conditions. ESC Region 8 and process for convenience with 30 days notice in writing to the awarded vendor. The vendor  the ESC Region 8 and TIPS. Does vendor agree? Yes  2CFR PART 200 Clean Air Act  Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $250,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean. Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires that the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein.  Protection Agency (EPA).  Does vendor agree? Yes  Page 14of27, pages  Vendor: SILSBEE FORD INC.  210907 Addendum2    2CFRI PART 200 Byrd Anti-Lobbying Amendment  Byrd Anti-Lobbying Amendment (31 U.S.C. 1352y-Contractors that apply or bid for an award exceeding $100,000 must 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 toi influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8and TIPS Members resulting from this procurement process the vendor certifies to the terms included or  Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.  referenced herein. Does vendor agree? Yes  2CFR PART 200 Federal Rule  Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean. Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).  $250,000)  Does vendor certify that iti is in compliance with the Clean Air Act? 2CFR PART 200 Procurement of Recovered Materials  Yes  Anon-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid' Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement Does vendor certify thati iti is in compliance with the Solid Waste Disposal Act as described above?  materials practicable, consistent with  program for procurement of recovered materials identified in the EPA guidelines.  Yes  Page 15of27, pages  Vendor: SILSBEEI FORDI INC.  210907 Addendum 2    2CFR PART 200 Rights to Inventions  Ifthe Federal award meets the definition of "funding agreement" under 37 CFR $401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement, the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights tol inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable  Cooperative Agreements," and any implementing regulations issued by the awarding agency.  requirements as referenced in the Federal rule above.  Does vendor agree? Yes  2CFR PART 200 Domestic Preferences for Procurements  As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of2 CFR Part 200.322, "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymerDased products such as polyvinyl chloride pipe, aggregates such as Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,  concrete, class, including optical fiber, and lumber.  cement, and other manufactured products).  Does vendor agree? Yes 2  6 2CFR PART 200 Ban on Foreign Telecommunications  Federal grant funds may not be used to purchase equipment, services, or systems that use "covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. "Covered elecommunications means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Hytera Communications: Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that Vendor will not purchase equipment, services, or systems that use covered telecommunications, as defined by 2 CFR $200.216 equipment or services as a substantial or essentiai component of any system, or as critical  technology as part of any system. Does vendor agree? Yes  Page 16of27 pages  Vendor: SILSBEEFORDI INC.  210907 Addendum 2    Certification Regarding Lobbying  Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission oft this certification is a prerequisite for making or entering into this transaction and isi imposed by section 1352, Title 31, U.S. Code. This certification is a material representation ofi fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civii penalty of not less than $10,000 and not more than $100,000 for each such failure.  The undersigned certifies, to the best of his or her knowledge and belief, 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 any agency, a Member of Congress, an officer or employee of congress, or an employee of al Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or (2)lfany funds other than Federal appropriated funds have been paid or will be paid to any person fori influencing or attempting to influence an officer or employee of any agency, al Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "disclosure Form to Report Lobbying," (3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall  cooperative agreement.  ina accordance with its instructions. certify and disclose accordingly. IHAVE NOT Lobbied per above]  6 Ifyou answered "I HAVE lobbied" to the above Attribute Question  4  Ify you answered "I HAVE lobbied" to the above. Attribute question, you must download the Lobbying Report "Standard From LLL, disclosure Form to Report Lobbying" which includes instruction on completing the form, complete and submit iti in the Response Attachments section as a report of the lobbying activities you performed or Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IFI NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION.. IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement.  paid others to perform. Area Firms.  NO  Page 17of27y pages  Vendor: SILSBEE FORDI INC.  210907 Addendum 2    ONLY IF YES TOT THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the TIPS Agreement, do you agree to comply with the following federal ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part ofy your performance under Federal Regulation 2 CFR $200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus areai firms. (a)The non-Federal entity must take all neçessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus areai firms are used when possible. (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration (6) Requiring the prime contractor, ifs subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)  requirements? the TIPS Agreement,  do you agree to comply with the following federal requirements?  (b) Affirmative steps must include:  potential sources;  participation by small and minority businesses, and women's business enterprises;  minority businesses, and women's business enterprises;  and the Minority Business Development Agency of the Department of Commerce: ; and  through (5) of this section. No response Indemnification from by law oras promise to pay for or negligently created by or on creates a' "debt" in institutions to Texas."L Liquidated deleted or qualified you agree tot these terms? MYes, IAgree (Yes)  The ESC Region 8 and' TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a any expenses the indemnified party incurs, ifa specified event occurs, such as breaching the terms of the contract performing duties under the contract. Article HI, Section 49 of the Texas Constitution states that "no debt shall be behalf of the State. "The. Attorney General has counseled that a contractually imposed obligation of indemnity the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or indemnify must be deleted or qualified with "to the extent permitted by the Constitution and Laws of the State of damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do  with "to the extent permitted by the Constitution and laws of State of Texas."  Page 18of27p pages  Vendor: SILSBEE FORDI INC.  210907 Addendum 2    Remedies choice of law, venue arbitration resolution specifically waived ofe either party. Any upon mediator as a associated filing fee tov writing, and Directors, and, if Do you agree to these terms? Yes, IAgree No response Choice of Law  The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the and service of process clauses imitations agreed herein. Nothing in this agreement shall commit the TIPS to an ofa any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator's fee and any equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reachedi in mediation shall be reduced will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of  signed, shall thereafter be enforceable as provided by the laws of the State of Texas.  Remedies Explanation of No Answer  The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located  laws of the State of Texas, regardless of any conflict of laws principles.  outside Texas. Agreed  Do you agree to these terms?  Venue, Jurisdiction and Service of Process  Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred toi in the first sentençe of this Section may be served on any party anywhere in the world. Any dispute resolution process other than litigation shal! have venue in Camp County or Titus County Texas.  Do you agree to these terms?  Agreed  Page 19of27 pages  Vendor: SILSBEE FORD: INC.  210907 Addendum2    Infringement(s)  The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible property rights attributed to or claims based on the Vendor's proposal or Vendor's performance of  contracts awarded and approved. Do you agree to these terms? Yes, Agree No response Contract Governance  Infringement(s) Explanation of No Answer  Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov'tCode. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the  extent expressly waived by other applicable laws in clear and unambiguous language.  Yes, IAgree (Yes) Payment Terms:  Payment Terms and Funding Out Clause  TIPS or TIPS Members shall not be liable fori interest or late payment fees on past-due balances at a rate higher  than permitted by the laws or regulations of thej jurisdiction of the TIPS Member.  Funding Out Clause:  Vendor agrees to abide by the laws and regulations, including Texas Local Government Code S 271.903, or any statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.  See statute(s) for specifics or consult your legal counsel.  Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.  Do you agree to these terms? My Yes, IAgree (Yes)  Page 20of27, pages  Vendor: SILSBEEI FORDI INC.  210907 Addendum: 2    Insurance and Fingerprint Requirements Information  Insurance  Ifa applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an  automobile, you must carry automobile insurance as required by law. You may be asked to  provide proof of insurance. Fingerprint  Itis possible that a vendor may be subject to Chapter 22 oft the Texas Education Code. The Texas Education Code, Chapter 22, Section 22.0834 & 22.08341. Statutory language may be found at: MYAaREeN  Ifthe vendor has staff that meet both of these criterion:  (1) will have continuing duties related to the contracted services; and  (2) has or will have direct contact with students  Then you have 'covered" employees for purposes of completing the attached form.  TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questions on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at NCJU@udpssialelkus and you should send an email identifying you as a contractor to a Texas Independent  School District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474. Texas Education Code Chapter 22 Contractor Certification for Contractor Employees  See form in the next attribute to complete entitled:  Page 21 of27 pages  Vendor: SILSBEE FORDI INC.  210907 Addendum2    Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, ifatt the (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as asex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law  atas school district.  time of the offense, the victim was under 18 or enrolled in a public school:  ort the laws of another state. Icertify that:  NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, Ifurther certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.  OR  SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box (1) Contractor has obtained all required criminal history record information regarding its covered employees. None (2)IFC Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.  is checked, Ifurther certify that:  oft the covered employees has a disqualifying criminal history.  3b business days.  District. None  Page 22 of27 pages  Vendor: SILSBEE1 FORDI INC.  210907 Addendum2    Texas Business and Commerce Code S 272 Requirements as of9-1-2017  SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of another state, to be required to litigate the contract in another state, or to require arbitration in another state. A contract with such provisions is voidable. Under this new statute, a "construction contract" includes contracts, subcontracts, or agreements with (among others) architects, engineers, contractors, construction managers, equipment lessors, or materials suppliers. "Construction contracts" are for the design, construction, alteration, renovation, remodeling, or repair of any building or improvement to real property, or for furnishing materials or equipment for the project. The term also includes moving, demolition, or excavation. BYI RESPONDINGTOTHIS SOLICITATION, AND' WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLYWITHTHE TEXAS BUSINESS AND COMMERCE CODE S 272 WHEN EXECUTING CONTRACTS WITH TIPS MEMBERS THAT ARE TEXAS  GOVERNMENT ENTITIES.  Texas Government Code 2270 & 2271 Verification Form 9 Texas Government Code 2270 & 2271 Verification Form  If(a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the' Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycot!" shall mean and include 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 with Israel, or with a person or entity doing business in Israel or in an Israeli- Our entity further certifies that it is is not listed on and we do not do business with companies prohibited by Texas Government Code 2270 or that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at  controlled territory, but does not include an action made for ordinary business purposes.  htps/comptrolertexas-govpurcnasingdocsloreggn-terronst.pdr Iswear and affirm that the above is true and correct.  YES  B Logos and other company marks  Please upload your company logo to be added to your individual profile page on the TIPS website. Ifany particular specifications are required for use of your company logo, please upload that information under the' "Logo and Other Company Marks" section under the "Response Attachment" tab. Preferred Logo Format: 300 x: 225 px-. -png,.eps,  jpeg preferred  Potential uses of company logo: Your Vendor Profile Page of TIPS website  Potentially on TIPS website scroll bar for Top Performing Vendors TIPS Quarterly eNewsletter sent to TIPS Members  Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before  publishing) Page 23 of27 pages  Vendor: SILSBEE FORDI INC.  210907. Addendum: 2    Solicitation Deviation/Complance  Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation?  Yes 2  8 Solicitation Exceptions/Devations Explanation conditions and information included or attached.  Ift the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any Int the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.  bid based upon any deviations indicated below or in any attachments or inclusions.  No response  Agreement Deviation/Complance  5 Yes 4  Does the vendor agree with the language in the Vendor Agreement?  8 Agreement Exceptions/Devations Explanation  Ifthe proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPSof  their full compliance with the Vendor Agreement.  No response 8 Felony Conviction Notice  Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states "a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of ai felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Subsection (b) states "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." (c) This section does not apply to a publicly held corporation. The person completing this proposal  certifies that they are authorized to provide the answer to this question.  Select A., B.orC.  A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR answer C below, you are required to provide information in the next attribute.  C.Myf firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you  B.F Firm not owned nor operated by felon; per above  Page 240 of27 pages  Vendor: SILSBEE FORDI INC.  210907. Addendum: 2    Ifyou answered C. My Firm is owned or operated by ai felon to the previous question, you are Ify you answered C. My Firm is owned or operated by a felon to the previous question, you must provide the following  REQUIRED TO ANSWER THE FOLLOWING QUESTIONS.  information. 1. Name of Felon(s)  2. The named person's role in the firm, and 3.0 Details of Conviction(s). No response  Required Confidentiality Claim Form Required Confidentiality Claim Form  This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from the Attachments" section, complete according to thei instructions on the form, then upload the completed form, with any confidential attachments, if applicable, to the Response Attachments" section titled' Confidentiality Form" in order to provide to TIPS the completed form titled, CONFIDENTIALITY CLAIM FORM". THIS REQUIRED PROCESS IS1 THE ONLYWAYTOI DEEMI PROPOSAL DOCUMENTATION CONFIDENTIAL, ANY OTHER CONFIDENTIAL DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT ISI IDENTIFIED BY AND. ATTACHEDTO THE REQUIRED FORM. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply toy your proposal submission. Ifyou do not provide the form with your proposal, an award will not be made ify your proposal is qualified for an award, until TIPS has an Read thet form carefully before completing and ify you have any questions, email Dids@tps-usa.com.  accurate, completed form from you. B Choice of Law clauses with TIPS Members  8  Ift the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall bet the laws of the state where the customer resides" or words to that effect.  Agreed 9  Venue of dispute resolution with a TIPS Member  Int the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by  the parties at the time the dispute resolution model is decided by the parties.  Agreed  9 Automatic renewal of contracts or agreements with TIPS or a TIPS member entity This clause, DOES NOT prohibit multiyear contracts or agreements with TIPS member entities.  Because TIPS and TIPS members are governmental entities subject to laws that control appropriations of funds during their fiscal years for contracts and agreements to provide goods and services, does the Vendor agree to limit any automatic renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not  longer than "month to month" and at the TIPS contracted rate.  Agreed  Page 25 of27p pages  Vendor: SILSBEE: FORDI INC.  210907 Addendum2 2    9 Indemnity Limitation with TIPS Members  1  Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others. TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents ORby prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws Agreementi is a required condition to award of a contract resulting from this Solicitation.  ort the Constitution of the state where the customer resides, ".  Agreed Arbitration Clauses 2  Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through  an awarded contract with TIPS? 9 Required Vendor Sales Reporting  Agreed 3  By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a price from the awarded Vendor requests the TIPS contract, Vendor must include the TIPS Contract number on any communications with the TIPS Member entity. Ifawarded, you willl be provided access to the' Vendor Portal. To report sales, login to the TIPS Vendor Portal and click on the PO's and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ's for more information about reporting sales and if youl have further questions, contact the Accounting Team ata acouning@tpsusacom The Vendor or vendor assigned dealers are responsible for keeping record ofall  sales that go through the TIPS Agreement and submitting same to TIPS.  9 Upload of Current W-9 Required  Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for 9 CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the If(a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more thati is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov'tCode Ch. 2274 of SB13 (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term "company" shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term "boycott energy company" shall mean' "without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described  your entity. This form will be utilized by TIPS to properly identify your entity.  5 September 1, 2021)  following required by Texas law as of September 1, 2021:  by paragraph (a)." See Tex. Gov'tCode S 809.001(1).  Page: 260 of27, pages  Vendor: SILSBEE FORDI INC.  210907 Addendum2    CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the If(a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is note excepted under Tex. Gov'tCode S 2274.003ofSB 19 (87th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov't Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate oft these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this contract, discriminate against ai firearm entity or firearm trade association" shall mean, with respect to the entity or association, to: "(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as at firearm entity or firearm trade association. See Tex. Gov't Code S 2274.001(3) of SB 19. Discrimination against a firearm entity or firearm trade association" does not include: "(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, orf for any traditional business reason thati is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH By submitting a proposal to this Solicitation, you certify that you agree to the following required by Proposing Company is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to the company direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the Proposing Company for product warranty and support purposes. Company, certifies that neither it nori its parent company nor any affiliate of company or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this contract, "critical infrastructure" means' a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility." See Tex. Gov't Code S 2274.0101(2) ofSB 1226 (87th leg.). The company verifies and certifies that company will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.  (Texas law as of September 1, 2021)  following required by Texas law as of September 1, 2021:  firearm trade association." See Tex. Gov't Code S 2274.001(3) ofSB19. CRITICAL INFRASTRUCTURE (Texas law as of September 1, 2021)  Texas law as of September 1, 2021:  Page 27of27, pages  Vendor: SILSBEEI FORDI INC.  210907. Addendum: 2    References  TIPSRFP: 210907 AUTOMOBILES  SILSBEE FORD INC  DOI NOT HANDWRITE REFERENCES. AND DOI NOT CONVERT: EXCEL SHEETTOA ANY OTHERFORMAT. ALLI INFORMATION MUST BE TYPED AND FORM MUST BE UPLOADED Please provide three (3) references, preferably from school districts ord others governmental entities who have used your services within the last threey years.A Additional references may  INEXCEL FORMAT. ber required.  DON NOT INCLUDE TIPSEMPLOYEES. ASAREFERENCE. Your may provide more than three (3) references. Entity! Name TEXAS PARKS ANDI WILDLIFE JOHNV WYATT HARRIS COUNTY FORD MOTOR COMPANY  VALID TYPED EMAILIS REQUIRED OHNWATTeTPWDIPMA0V512389456 SVDSEXTONPMARBISCOTX6073755362 CRAIGFETTVEFORD.COM  Contact Person SYDSEXTON CRAIG FETTY  Phone 303.522.5753    210907  TIPSREP#  Bsunicanstalsmataw Status] Form  SILSBEE FORD INC Name of company  SETH GAMBLIN, FLEET SALES 1211 US HIGHWAY 96N.  Printed Name and Title of authorized company officer declaring below the confidential status of material  SILSBEE City  TX 77656 State ZIP  512.436.1313 Phone  Address  ALLVENDORS MUST COMPLETE THE ABOVE SECTION  CONFIDENTIAL INFORMATION SUBMITTED! INI RESPONSE TOCOMPETITIVEPROCUREMENTREQUESTS OF EDUCATION SERVICE CENTER REGION8/ ANDTIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER552 Ifyou considerany portion ofyour proposalt to be confidential information: and nots subject to public disclosure pursuant to Chapter 552' Texas Gov't Code or other law(s), you must attach acopy of all claimed confidential materials within your proposal and put this COMPLETED form as a cover sheet to said materials then scan, name "CONFIDENTIAL" and upload with your. proposal submission. (You must include all the confidential information in the submitted proposal. The copy uploaded is to indicate which material iny your proposal, ifany, youc deem confidential int thee event the receivesaF Public Information! Request.)ESC8: and" TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality: and shall not be liable for any release of information required by law. Upon your claim and your defense to the Office ofTexas Attorney General is required to make the final determination whether the information  submitted by you and held by ESC8 and" TIPS is confidential: and exempt from public disclosure.  ALL VENDORS MUST COMPLETE ONE OF THE TWO OPTIONS BELOW.  OPTION1:  IDOCLAIM parts of my proposal to be confidential and DONOTdesire to expressly waive a claim of confidentiality of all information contained within our response to the solicitation. The attached contains material from our proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 or other law(s) and I invoke my statutory IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS PROPOSAL THAT WEI DEEM TOI BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMATION REQUEST IS  rights to confidential treatment of the enclosed materials.  FORM ANDL LIST THE NUMBER OT TOTAL PAGES THATARECONFIDENTIAL.  ATTACHED ARE COPIES OP0 MADE FOR OUR PROPOSAL.  PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR  Signature  Date  OR  OPTION2:  IDONOTCLAIM any of my proposal to be confidential, complete the section below. Express Waiver: I desire to expressly waive any claim ofconfidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.). by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS.  10/15/21 Date  Signature_ SCAAAMBLNN  Confidentiality Claim Form rev 10012020RP    AGENDA REQUEST  ORDINANCE CAPTION:  RESOLUTION  M-  NO: 2024-  25  Contract to purchase 26 vehicles from Lake Country Chevrolet  RECOMMENDATIONS & JUSTIFICATION:  Staff recommends the purchase of (9), 2025 Chevrolet Tahoes, (8) 2025 Chevrolet Equinox, (4) Chevrolet Trailblazers, (2) Chevrolet Traverse, (2) 2025 Chevrolet Trax, and (1) 2025 Chevrolet Silvérado from Lake Country Chevrolet. These vehicles will replace vehicles currently in the City of These vehicles shall be purchased utilizing TIPS cooperative contract USA 210907 which has been competitively bid and awarded according to State  Pasadena Police Dept. fleet.  Law.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED: K -  Council Districts Affected:  REQUIRES APPROPRIATION. $ee tecytticeen  COUNCIL ACTION  Allan Teague  DATBA10/22/2024  REQUESTING PARTY. (TYPED).  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  1un mTTT  fLen Wollace PURCHASING DEPARTMENT APPROVED: mla  SECOND  SECOND  DATE DEFERRED:  DATE  MAYOR  OEANry    CITY OF PASADENA CERTIFICATION OF FUNDS  DATE: 10/22.2024  AMOUNT: $1,092,758.86 DEPARTMENT NO: 00210 ACCOUNT NO. 7915 TASKNO. CIPNO.  PROJECT DESCRIPTION: Purchase of 26 vehicles for PD  Icertify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance isi in the Treasury of the City of Pasadena to the credit of the above fund from which it is proposed to be drawn, and such money  is not appropriated for any other purpose.  2A2 Robert Chambers Interim City Controller    ORDINANCE NO. 2024-  An Ordinance authorizing and approving the purchase by the City of Pasadena, Texas of 26 vehicles from Lake Country Chevrolet utilizing the TIPS Cooperative Contract #210907; in the amount of One Million Ninety-two Thousand Seven Hundred Fifty-eight Dollars  and 86/100 $1,092,758.86).  WHEREAS, Staff recommends a contract for the purchase of  (9) 2025 Chevrolet Tahoes, (8) Chevrolet Equinox, (4) Chevrolet Trailblazers, (2) Chevrolet Traverse, (2) 2025 Chevrolet Trax and (1) 2025 Chevrolet Silverado from Lake Country Chevrolet, using the  TIPS USA Contract #210907; and  WHEREAS, these vehicles will replace vehicles currently  in the City of Pasadena Police Department fleet; and  WHEREAS, the City Controller by the attached certificate.  of funds has certified to the City Council that money required for this expenditure is in the City treasury and is budgeted or will be appropriated after approval of this Ordinance for this purposei  NOW, THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby finds and adopts the  preamble to this Ordinance.  SECTION 2. That the City Council of the City of Pasadena, Texas hereby authorizes and approves the purchase by the City of Pasadena, Texas of (9) 2025 Chevrolet Tahoes, (8) Chevrolet Equinox, (4) Chevrolet Trailblazers, (2) Chevrolet Traverse, (2)  StPurchTIPS-LakeCountryChev.Chevroletvehiclehicles2414).doc    2025 Chevrolet Trax and (1) 2025 Chevrolet Silverado from Lake Country Chevrolet in accordance with the contract attached hereto and incorporated herein for all purposes at Exhibit "A", and the Product Pricing Summary pages from Lake Country Chevrolet attached hereto at Exhibit "1", provided utilizing the TIPS Cooperative Contract #210907, Exhibit "2", which was competitively bid and  awarded according to State Law.  SECTION 3. That there is hereby appropriated out of Account No. 00210-7915, One Million Ninety-two Thousand Seven Hundred Fifty- eight Dollars and 86/100 $1,092,758.86) for this purposer and the Mayor and the City Controller are hereby authorized to draw warrant, check or voucher in said amount or so much thereof as may be necessary to pay and discharge the legal obligation of the City  of Pasadena, Texas chargeable thereto.  SECTION 4. That the Mayor of the City of Pasadena, Texas is hereby authorized and directed to execute and the City Secretary to attest for and on behalf of the City any and all documents necessary to  effectuate the purchase authorized by this ordinance.  SECTION 5. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate  of Interested Parties, if applicable.  SECTION 6. That the City Council officially determines that a  SEPurchtIPS-lakecountychehewalvetvenicles2t.doc    sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  StPurchTIPS-LakeCountryChev.Chevroletvehicles24(4).doc    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A.D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  StPurchTIPS-LakeCountryChev.Chevroletyehicles24(4).doc    ORDINANCE NO. CONTRACT  THE STATE OF TEXAS S COUNTY OF HARRIS S  KNOW ALL MEN BY THESE PRESENTS:  This Agreement is made and entered into this  day of  A. D., 2024, by and between the City of  Pasadena, Texas, a municipal corporation situated in Harris County, Texas (the "City"), and Lake Country Chevrolet (the Contractor". In consideration of the covenants and agreements hereinafter  contained the parties do hereby agree as follows:  I.  Lake Country Chevrolet will supply (9) 2025 Chevrolet  Tahoes, (8) Chevrolet Equinox, (4) Chevrolet Trailblazers, (2) Chevrolet Traverse, (2) 2025 Chevrolet Trax and (1) 2025 Chevrolet Silverado utilizing the TIPS Cooperative Contract #210907, as described in the attached Exhibit "1", Product Pricing Summary  pages, incorporated herein for all purposes.  II.  The parties agree that the terms of the contract between  Lake Country Chevrolet and the TIPS Cooperative Contract #210907 will be applicable to this purchase, a copy of which is incorporated herein for all purposes and attached hereto as Exhibit  "2".  SEPAreNTIS-LANRCountrychev.Chevrolet EXHIBIT "A"    III.  The City will pay the total amount of One Million Ninety-  two Thousand Seven Hundred Fifty-eight Dollars and 86/100 $1,092,758.86) to Lake Country Chevrolet according to the  aforementioned documents and specifications.  IV.  If Contractor fails to perform any term of this contract,  including specifications and bid, City may terminate this contract upon fifteen (15) days written notice to Contractor, or City may terminate this contract at any time without cause upon thirty (30)  days written notice to Contractor.  V.  Pursuant to the requirements of House Bill 1295, 84th  Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate of  Interested Parties, if applicable.  StPurchTIPS-LakeCountryChev.Chevroletvehicles24(4).doc    In Witness Whereof, the City has caused this contract to  be signed in its behalf by the Mayor, and Contractor has executed  this contract the day and year first above written.  THE CITY OF PASADENA, TEXAS JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS THE STATE OF TEXAS COUNTY OF HARRIS  S S  This instrument was acknowledged before me on the  day of  2024 by JEFF WAGNER as MAYOR of the City  of Pasadena, Texas.  NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS  Name:  My Commission expires:  StPurchTIPS-LakeCountrychev.chevroletyenicles24(4).doc    ATTEST:  LAKE COUNTRY CHEVROLET  SECRETARY  PRESIDENT  THE STATE OF TEXAS COUNTY OF JASPER  S S  This instrument was acknowledged before me on the  day the  of  2024 by  of LAKE COUNTRY CHEVROLET, a  corporation, on behalf of said corporation.  NOTARY PUBLIC AND FOR THE STATE OF TEXAS  Name:  My Commission expires:  StPurchTIPS-LakeCountryChev.chevroletvehicles24(4).doc    TIPS  PRODUCT PRICING SUMMARY TIPS USA 210907 TRANSPORTATION VEHICLES  VENDOR- 5426 LAKE COUNTRY CHEVROLET,2152 N. WHEELER STREET JASPER, TX 75951  End User: CITY OFI PASADENA Contact: SEVERS Email: EEveTOpasacenakgor Product Description: TAHOEH PPV Bid Item: Description  Prepared by: RICK BROWN Phone: 409.659.1555 Date: October 8. 2024  Email: EOAISISEPEETROM COM  A. B. Factory Options Code  9CI  A. Base Price: S 50,557.00  Bid Price Code $ $ $ $ $ $ $ 62.00  Description  Bid Price  2025 CHEVROLETTAIIOEPPV 5.31. V8 ENGINE POWER WINDOW/I,OCKS RUNNING BOARDS REAR VIEW CAMERA BLUETOOTH 6c7 FRONT AUXI DOMELIGHT 6N6 REAR DOOR LOCK INOP  EXTERIOR- - WHITE INTERIOR- BLACK CLOTH 40/ /0/40 FRONT VINYL BENCH SECOND 6N5 REAR WINDOW INOP SATBPITEXTENDERSNZ  $ $  57.00 395.00 779.00  $ 170.00 PQA FLS SAFETY PACKAGE  UN9 RADIOSUPPRESSION: PACKAGE $ 95.00  Total ofB. Published Options: $ Published Option Discount (5%)s (646.95)  L.  Description  Bid Price $11.417.83 $ 710.00  Options  Bid Price  SII.SBEE FLEET UPFIT- NO RADAR GRAPHICS- ONSITE  "BUDGETQUOTE":  Totalofc. Unpublished Options:s 12,127.83  D. Floor Plan Interest (for in-stock and/or equipped vehicles): E. Lot Insurance (fori in-stock and/or equipped vehicles):  $ S  F.  Contract Price Adjustment: G. Additional Delivery Charge: H. Subtotal: 1. J.  miles  250.00 63,066.88 S 315,334.40 315,334.40  Quantity Ordered Tradei in: K. Total Purchase Price  EXHIBIT "1"    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER SO.ENFWBTAHDUO SO.ETSA481RSP W.SAK1 W.SA315U C3.MTSB35MCRABA SET.BK2168ITU20  CITY OF PASADENA 8-Oct-24 RICK BROWN/ GT  DESCRIPTION 2025 TAHOE SPEAKER BRACKET SPEAKER LIGHTSTICK  PRICE EXT PRICE  1 1 1 1 1 1  1 52" NFORCE LOW PROFILE LIGHTBAR $ 969.68 $ 969.68 NRGY 400 SERIES REMOTE SIREN $ 550.16 $ 550.16  INCL $ 193.20 $ 193.20 $ 618.97 $ 618.97  SETINA LIGHTED PUSHBUMPER $ 765.69 $ 765.69  RED/BLUE MPOWER (FRONT) REDWHITE DR SIDE BLUEWHITE PASS. SIDE  SO.EMPS2STS4D SO.EMPS2STS4E S0.PMP2BRK2LPV PP:2015-TAH-FS 425-3818 HAV.C-HDM-204 HAV.C-MD-119 HAV.C-LP2-USB-8L2 HAV.CEB25MMT1P HAV.CEB40S031P 911.CH15 911.GMPASS SO.EMPS2STS5RBW SO.PMP2BKDGAJ SO.ENT2B3D SO.ENT2B3E SO.PNTICRV01 W.60CREGCS SO.EMPS2STS5RBW SO.PMP2BKDGAJ UNI.219076-0002 475-1657 475-1674 475-1682  2 1 1 1 2 1 1 1 1 1 1 1 2 2 1 1 1 1 4 4 1 1 1 1  4"MPOWER LED RW (LICE PLATE) $ 107.07 $ 214.14 4"MPOWER LED B/W (LIC PLATE) $ 107.07 $ 107.07  LIC PLATE LIGHTS WHITE IN REVERSE MPOWER LIC PLATE BRACKET PLASTIX PLUS CONSOLE MAGNETIC MIC CLIP POST SWING ARM USB FACEPLATE EQUIP BRACKET EQUIP BRACKET 911 CIRCUIT HARNESS PASS THROUGH QTR GLASS LIGHTS BRACKETS INTERSECTOR RW INTERSECTOR BW INTERSECTOR BRACKET KIT FRONT RW DOME LIGHT ADJUSTABLE BRACKET JOTTO CARGO BARRIER "*CUSTOMER SUPPIIED CAMERA SYSTEM****  $ 22.73 $ 55.20 96.88  $ 22.73 $ $ 692.30 $ 692.30 $ 27.60 $ $ 142.83 $ 142.83 $ 227.91 $ 227.91 $ 96.88 $ INCL INCL $ 496.80 $ 496.80 $ 25.88 $ $ 118.87 $ 237.74 $ 7.00 $ $ 198.12 $ 198.12 $ 198.12 $ 198.12 7.00 $ 173.88 $ 173.88 $ 7.00 $  25.88 14.00 7.00 28.00  MPOWER RBW (RUNNING BOARD) $ 118.87 $ 475.48 DRIVERS SIDE LED SPOTLIGHT $ 595.00 $ 595.00 JOTTO SPACE CREATOR PARTITION $ 698.53 $ 698.53 JOTTO HIGH SECURITY EXTENSION PNLS $ 100.91 $ 100.91  $ 451.61 $ 451.61  $    PARTS TOTALI SHOP SUPPLIES FREIGHT LABOR TOTAL  $ 8,357.83 $ $ 100.00 $ $ 100.00 $ 2,860.00 11,417.83  part  check  Double  ordering  before  nwmbec  Sole  con  2025  Neeà    TIPS  PRODUCT PRICING SUMMARY TIPS USA210907 TKANSPORTATION VEHICLES  VENDOR- 5426 LAKE COUNTRY CHEYROLET215. N. WHEELERS STREET. JASPER, TX 75951  End Liser: CIYOFPASADENA Contact: SEVERS Email: beetdpasdenatco Product Description: TAIIOEPPV Bid Item: Description  Prepared by: RICKBROWN Phone: 409.659.1555 Date: Octoher 8.2024  Email: RBROWN.S SISBEEFEETOGMAL .COM  1. B. Factory Options Code  9C1  A. Base Price: S 50,557.00  Bid Price Code S $ $ S $ S $ 62.00  Description  Bid Price  2025 CHEVROL ETTAHOL PPV 5.3L V8 ENGINE POWER WINDOW/LOCKS RUNNING BOARDS REAR VIEW CAMERA BLUETOOTII 6c7 FRONT AUX DOME LIGHT 6N6 REAR DOORI LOCK INOP  EXTERIOR - WHITE INTERIOR BLACK CLOTH 40/0/40 FRONT VINYL BENCH SECOND 6N5 REAR WINDOW INOP SEATBELT EXTENDERSX2  $ 57.00 $ 395.00 779.00  $ 170.00 PQA FLSAFETYE PACKAGE  UN9 RADIO SUPPRESSION PACKAGE $ 95.00  Total of B. Published Options: $ Published Option Discount (5%)s (646.95)  C.  Description  Bid Price $ 710.00  Options  Bid Price  SII. SBEE FLEET PTT/SLICK/NORADAR $ 9.629.38  GRAPHICS- ONSITE  Total ofC. Unpublished Options: S 10,339.38  D. Floor Plan Interest (for in stock and/or equipped vehicles): E. Lot Insurance (fori in-stock and/or equipped vehicles):  $ $ 250.00 61,278.43 122,556.86 122,556.86  F.  Contract Price Adjustment: G. Additional Delivery Charge: II. Subtotal: I. Quantity Ordered . Trade in: K. Total Purchase Price  miles  2    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER SO.ENFWBTAHDUO SO.ETSA481RSP W.SAK1 W.SA315U C3.MTS8B35MCRABA SET.BK2168ITU20  CITY OF PASADENA 8-Oct-24 RICK BROWN/ GT  DESCRIPTION 2025 TAHOE 21- TAHOE DUO INT BAR SPEAKER BRACKET SPEAKER LIGHTSTICK  PRICE EXT PRICE $ 969.68 $ 969.68 INCL $ 193.20 $ 193.20 $ 618.97 $ 618.97  1 1 1 1 1 1 1  NRGY 400 SERIES REMOTE SIREN $ 550.16 $ 550.16  SETINA LIGHTED PUSHBUMPER $ 765.69 $ 765.69  RED/BLUE MPOWER (FRONT) REDWHITE DR SIDE BLUEWWHITE PASS. SIDE  50.EMPS25TS4D SO.EMPS2STS4E SO.PMP2BRK2LPV PP:2021-TAH-FS 425-3818 HAV.C-HDM-204 HAV.C-MD-119 HAV.C-LP2-USB-812 HAV.CEB25MMT1P HAV.CEB40S031P 911.CH15 911.GMPASS SO.EMPS2STS5RBW SO.PMP2BKDGAJ SO.EMPS2STS5RBW SO.ENT2B3D SO.ENT2B3E SO.PNT1CRV01 W.60CREGCS  2 1 1 1 2 1 1 1 1 1 1 1 2 2 4 1 1 1 1  4" MPOWER LED RW (LICE PLATE) $ 107.07 $ 214.14 4" MPOWER LED BW (LIC PLATE) $ 107.07 $ 107.07  LIC PLATE LIGHTS WHITE IN REVERSE MPOWER LIC PLATE BRACKET PLASTIX PLUS CONSOLE MAGNETIC MIC CLIP POST SWING ARM USB FACEPLATE EQUIP BRACKET EQUIP BRACKET 911 CIRCUIT HARNESS PASS THROUGH QTR GLASS LIGHTS BRACKETS INTERSECTOR RW INTERSECTOR BW INTERSECTOR BRACKET KIT FRONT RW DOME LIGHT ""CUSTOMER SUPPLIED CAMERA SYSTEM****  $ $  $ 22.73 $ $ 714.00 $ 714.00 $ 27.60 $ $ 142.83 $ 142.83 $ 227.91 $ 227.91 $ 96.88 $ INCL INCL $ 496.80 $ 496.80 $ 25.88 $ $ 118.87 $ 237.74 7.00 $ $ 162.57 $ 162.57 $ 162.57 $ 162.57 $ 7.00 $ $ 173.88 $ 173.88  22.73 55.20 96.88  25.88 14.00 7.00  MPOWER RBW (RUNNING BOARD) $ 118.87 $ 475.48  PARTS TOTAL SHOP SUPPLIES FREIGHT  $ 6,434.38 $ $ 100.00 $ $ 100.00    LABOR TOTAL  $ $  2,995.00 $ 9,629.38  Dowble  check  part  before  prlering  pumker  zo25  ConSole  Need    TIPS  PRODUCT PRICING SUMMARY TIPS USA ZIOOTTRANSPORTATIONVEHICLES  VENDOR-S2GLARE COUNTRY CHEYROLET.21S2N. WHEELER TRETJASPERINISAI  End Uiser: CIYOFPASADENA Contact: SEVIRS Email: sever@pasacenakpor Product Description: TAIIOEPPV Bid Item: Factory Options Description 2025 CIEVROLET TAHOER PPV 5.31. V8 ENGINE POWER WINDOW /LOCKS RUNNING BOARDS REAR VIEW CAMERA BLUETOOTH 6c7 FRONT AUX DOMELIGIIT 6N6 REAR DOOR LOCKI INOP  Prepared by: RICK BROWN Phone: 409.659.1555 Date: October 8.3 2024  Email: RBROWNSISBEEFLEEFLEETOGMAILCOM  A. B. Code  9C1  A. Base Price:_s 50,557.00  Bid Price Code $ $ $ $ $ S S 62.00  Description  Bid Price  EXYERIOR LAKESHORE BLUE S INTERIOR- E BLACK CLOT -0/0/401 FRONT VINYI. BENCH SECOND 6N5 REAR WINDOW FNOP SEATBELT XTENDERSX2  $ 57.00 $ 395.00 779.00  $ 170.00 PQA FLSAFETY PACKAGE  LN9 RADIO SUPPREESSION PACKAGE $ 95.00  TotalofE B. Published Options: S Published Option Discount (5%)s (646.95)  Description  Bid Price S 710.00  Options  Bid Price  SILSBEE FLEET UPFITY SLI ICK NO RADAR S 11.0-0.43  GRAPHICS- GHOST- ONSITIE  LEAVEPASADENA OFF REAR * ** CENTER POLICE ON REAR *  Total of C. Unpublished Options: S 11,750.43  D. Floor Plan Interest (for in-stock and/or equipped vehicles): Lot Insurance (for in-stock and/or equipped vehicles):  S S S 250.00 S 62,689.48 S 62,689.48 S 62,689.48  E. F.  Contract Price Adjustment: G. Additional Delivery Charge: II. Subtotal: I. .  miles  Quantity Ordered Tradei in: K. Total Purchase Price  H    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER SO.ENFWBTAHDUO SO.ETSA4B1RSP W.SAK1 W.SA315U C3.MTSB35MCRABA SET.BK2168ITU20  CITY OF PASADENA 8-Oct-24 RICK BROWN/ GT  DESCRIPTION 2025 TAHOE 21-TAHOE DUO INT BAR SPEAKER BRACKET SPEAKER LIGHTSTICK  PRICE EXT PRICE $ 969.68 $ 969.68 INCL $ 193.20 $ 193.20 $ 618.97 $ 618.97  1 1 1 1 1 1 1  NRGY 400 SERIES REMOTE SIREN $ 550.16 $ 550.16  SETINA LIGHTED PUSHBUMPER $ 765.69 $ 765.69  RED/BLUE MPOWER (FRONT) REDWHITE DR SIDE BLUEWWHITE PASS. SIDE  SO.EMPS2STS4D SO.EMPS2STS4E S0.PMP2BRK2LPV PP.2021-TAH-FS 425-3818 HAV.C-HDM-204 HAV.C-MD-119 HAV.C-LP2-USB-8L2 HAV.CEB25MMTIP HAV.CEB40S031P 911.CH15 911.GMPASS SO.EMPS2STS5RBW SO.PMP2BKDGAJ SO.EMPS2SISSREW SO.ENT2B3D SO.ENT2B3E SO.PNT1CRV01 W.60CREGCS 475-1657 475-1674 475-1682  2 1 1 1 2 1 1 1 1 1 1 1 2 2 4 1 1 1 1 1 1 1  4"MPOWER LED RW (LICE PLATE) $ 107.07 $ 214.14 4"MPOWER LED BW (LIC PLATE) $ 107.07 $ 107.07 MPOWER LIC PLATE BRACKET $ 22.73 $  LIC PLATE LIGHTS WHITE IN REVERSE PLASTIX PLUS CONSOLE MAGNETIC MIC CLIP POST SWING ARM USB FACEPLATE EQUIP BRACKET EQUIP BRACKET 911 CIRCUIT HARNESS PASS THROUGH QTR GLASS LIGHTS BRACKETS INTERSECTOR RW INTERSECTOR BW INTERSECTOR BRACKET KIT FRONT RW DOME LIGHT JOTTO CARGO BARRIER "CUSTOMER SUPPLIED CAMERA SYSTEM"  $ $ $ 714.00 $ 714.00 27.60 $ $ 142.83 $ 142.83 $ 227.91 $ 227.91 $ 96.88 $ INCL INCL $ 496.80 $ 496.80 $ 25.88 $ $ 118.87 $ 237.74 7.00 $ 162.57 $ 162.57 $ 162.57 $ 162.57 $ 7.00 $ 173.88 $ 173.88 $ 451.61 $ 451.61  22.73 55.20 96.88  25.88 14.00 7.00  MPOWER RBW (RUNNING BOARD) $ 118.87 $ 475.48  JOTTO SPACE CREATOR PARTITION $ 698.53 $ 698.53 JOTTO HIGH SECURITY EXTENSION PNLS $ 100.91 $ 100.91  PARTS TOTAL SHOP SUPPLIES  $ 7,685.43 $ $ 100.00    FREIGHT LABOR TOTAL  $ $ 100.00 $ 3,155.00 11,040.43  check  part  Dowhle  orderins  befare  nwmber  conSole  7025  Nerà    TIPS  PRODUCT PRICING SUMMARY TIPS USA 210907 TRANSPORTATION VEHICLES  VENDOR- 5426 LAKE COUNTRY CHEVROLET.2152 N. WHEELER: STREET JASPER, TX 75951  End User: CITY OFPASADENA Contact: SEVERS Email: reverepasacenalk.cor Product Description: TAHOEPPV Bid Item: Description  Prepared by: RICK BROWN Phone: 409.659.1555 Date: October 8. 2024  Email: RBROWNSILSBEEFLEETOGMAL COM  A. B. Factory Options Code  9C1  A. Base Price: S 50,557.00  Bid Price Code $ $ $ $ $ S $ 62.00  Description  Bid Price  2025 CHEVROLETTAHIOET PPV 5.31. V8 ENGINE POWER WINDOW/LOCKS RUNNING BOARDS REAR VIEW CAMERA BLUETOOTH 6c7 FRONT AUX DOMELIGHT 6N6 REAR DOOR LOCK INOP  EXTERIOR WHITE INTERIOR- - BLACK CLOTH 40/0/40 FRONT VINYL BENCH SECOND 6N5 REAR WINDOW INOP SEAIBELFEXIENDERSNZ  S 57.00 $ 395.00 779.00  S 170.00 PQA FL SAFETY PACKAGE  UN9 RADIO SUPPRESSION PACKAGE $ 95.00  Total of B. Published Options: S Published Option Discount (5%)s (646.95)  C.  Description  Bid Price $11.417.83 $ 710.00 $ 2.269.36  Options  Bid Price  SILSBEE FLEETUPFIT- NO RADAR GRAPHICS- ONSITE STALKER PATROL. RADAR-INCLUDES INSTALI.  BUDGET QUOTE*  Total of C. Unpublished Options: $ 14,397.19  D. Floor Plan Interest (fori in-stock and/or equipped vehicles): Lot Insurance (fori in-stock and/or equipped vehicles):  $  F. F.  Contract Price Adjustment: G. Additional Delivery Charge: H. Subtotal: I. J.  miles  S  250.00 65,336.24 65,336.24 $ 65,336.24  Quantity Ordered Tradei in: K. Total Purchase Price  H    QUOTE  AGENCY DATE QUOTED SALESMAN PART NUMBER SO.ENFWBTAHDUO SO.ETSA481RSP W.SAK1 W.SA315U C3.MTS835MCRABA SET.BK2168ITU20,  CITY OF PASADENA 8-Oct-24 RICK BROWN/ GT  DESCRIPTION 2025 TAHOE SPEAKER BRACKET SPEAKER LIGHTSTICK  PRICE EXT PRICE  1 1 1 1 1 1  1 52" NFORCE LOW PROFILE LIGHTBAR $ 969.68 $ 969.68 NRGY 400 SERIES REMOTE SIREN $ 550.16 $ 550.16  INCL $ 193.20 $ 193.20 $ 618.97 $ 618.97  SETINA LIGHTED PUSHBUMPER $ 765.69 $ 765.69  RED/BLUE MPOWER (FRONT) REDWHITE DR SIDE BLUEWHITE PASS. SIDE  SO.EMPS2STS4D SO.EMPS2STS4E SO.PMP2BRK2LPV PP.2015-TAH-FS 425-3818 HAV.C-HDM-204 HAV.C-MD-119 HAV.C-LP2-USB-8L2 HAV.CEB25MMT1P HAV.CEB40S031P 911.CH15 911.GMPASS SO.EMPS2STS5RBW SO.PMP2BKDGAJ SO.ENT2B3D SO.ENT2B3E SO.PNT1CRV01 W.60CREGCS SO.EMPS2STS5RBW, SO.PMP2BKDGAJ UNI.219076-0002 475-1657 475-1674 475-1682  2 1 1 1 2 1 1 1 1 1 1 1 2 2 1 1 1 1 4 4 1 1 1 1  4"MPOWER LED RWW (LICE PLATE) $ 107.07 $ 214.14 4"MPOWER LED BW (LIC PLATE) $ 107.07 $ 107.07  LIC PLATE LIGHTS WHITE IN REVERSE MPOWER LIC PLATE BRACKET PLASTIX PLUS CONSOLE MAGNETIC MIC CLIP POST SWING ARM USB FACEPLATE EQUIP BRACKET EQUIP BRACKET 911 CIRCUIT HARNESS PASS THROUGH QTR GLASS LIGHTS BRACKETS INTERSECTOR RW INTERSECTOR BW INTERSECTOR BRACKET KIT FRONT RW DOME LIGHT ADJUSTABLE BRACKET DRIVERS SIDE LED SPOTLIGHT JOTTO CARGO BARRIER "CUSTOMER SUPPLIED CAMERA SYSTEM-AN  $ 22.73 $ 55.20 96.88  $ 22.73 $ $ 692.30 $ 692.30 $ 27.60 $ $ 142.83 $ 142.83 $ 227.91 $ 227.91 $ 96.88 $ INCL INCL $ 496.80 $ 496.80 25.88 $ $ 118.87 $ 237.74 7.00 $ $ 198.12 $ 198.12 $ 198.12 $ 198.12 $ 7.00 $ $ 173.88 $ 173.88 $ 7.00 $ $ 595.00 $ 595.00 $ 451.61 $ 451.61  25.88 14.00 7.00 28.00  MPOWER RBW (RUNNING BOARD) $ 118.87 $ 475.48 JOTTO SPACE CREATOR PARTITION $ 698.53 $ 698.53 JOTTO HIGH SECURITY EXTENSION PNLS $ 100.91 $ 100.91  $    PARTS TOTAL SHOP SUPPLIES FREIGHT LABOR TOTAL  $ 8,357.83 $ 100.00 $ 100.00 2,860.00 $ 11,417.83  check  part  Double  ordering  before  pumber  ConSole  2025  Neeà    TIPS  PRODUCT PRICING SUMMARY 210907 TIPSUSA TRANSPORTATION. VEHICLES  VENDOR- 54261 LAKECOUNTRY CHEYROLET2152N. WIEELERSTREET. JASPER, TX: 75951  End Liser: CITY OF PASADENA Contact: GLENSEVERS 713.475.7229 Email: EEveTOpasatEnakgOA Product Description: GIVROEITRAVIRSE  Prepared by: RICKI BROWN Phone: 409.659.1555 Date: October 8.2024  Email: RBROWN/SILSBEEFLEETQGMAI  A. B. Factory Options Code 3025 CMEVROIETTRAVIRSELT LKO 25L.TURBO 8SPEED TRANSMISSION POWER WINDOWS/LOCKS BLUETOO11 REMOTESTART  Bid Item: Description  Inb56  A. Base Price: S 38,175.00  Bid Price Code 5 $ $ S $ $  Description  Bid Price  EXITRIOR COLORS -LANESIOREDLUE/SPASSENGER STIRLING GRAY/7PASSENGIR  INIERIOR. JET BLACKCLOTII  Total of B. Published Options: S Published Option Discount (5%)s  C. Unpublished Options Inot to exceed 25%]  $=  0.4% Bid Price  Description  Bid Price $ 1-900  Options  1..WINDOW TINT  IAKESHORE BLUE W/8PASSENGER: SEATING SIERLINGGIRAY W/71 PASSENGER SEAIING  Total ofC. Unpublished Options:! S  149.00  D. Floor Plan Iaterest (for in-stock and/or equipped vehicles): E. Lot Insurance (fori in-stock and/or equipped, vehicles):  $ S S S  F.  Contract Price Adjustment: G. Additional Delivery Charge: H. Subtotal: I. Quantity Ordered J. Trade in: K. Total Purchase Price  LTMODEL. 77 miles  248.00 134.75 38.706.75 $ 77,413.50 S 77,413.50  2  XH    TIPS  PRODUCT PRICING SUMMARY TIPS USA 210907 TRANSPORTATION VEHICLES  VENDOR-5426 LAKECOUNTRY CHEVROLET,2152N.WHEELER: STREET JASPER.TN75951  End User: CTTYOF PASADENA Contact: GLEN'SEVIERS  Prepared by: RICKI BROWN Phone: 409.659.1555 Date: October 8.3 2024  Email: GRSEVERSQPASADENATXGOV Product Description: CIAVROETIRAINLAIR  Email: REROWN/SILSBEEFLEETQGMAI  A. B. Factory Options Code 2025CHEVROLET TRAILBLAZER RS ECOTEC 13L TURBO REAR VIEW CAMERA AM/FM/BLUFTOOTIL 715 DRIVERSCONF PACKAGE  Bid Item: ITR58 Description  A. Base Price:s 24,195.00  Bid Price Code $ 4.600,00 $ S $ $ 395.00  Description  Bid Price $ $  2-STERI ING GRAY EXTERIOR I-CRIMSON EXTERIOR BLACK EXTERIOR BLACK ROOF ON ALLVEHICLES INTERIOR- -JETBLACK W/RED AC'CENT  Total of B. Published Options: $ 4,995.00 Published Option Discount (5%)s (249.78)  C.  Description  Bid Price $ 149.00  Options  Bid Price  LCil. WINDOW TINT-2 FRONT ONLY  Total of C. Unpublished Options: S  149.00 $ $ 250.00 S (685.00))  D. Floor Plan Interest (fori in-stock and/or equipped vehicles): E. Lot insurance (for in-stock and/or equipped vehicles):  F.  Contract Price Adjustment: G, Additional Delivery Charge: H. Subtotal: I. Quantity Ordered J. Trade in:  FERTDISCOUNT  miles  28,654.22 114,616.88  K. TIPS Administrative Fee (INCLE DED) L. Total Purchase Price Including TIPS Fee  $  114,616.88    TIPS  PRODUCT PRICING SUMMARY 210907 TIPSUSA TRANSPORTATIONYEHICLES  VENDOR- 5426 LAKE COUNTRY CHEYROLET,2152N.WHEELER STREET JASPER, TX 75951  End liser: CITY OFPASADENA Contact: GLEN SEVERS Email: gisevers@pasadenatws gov Product Description: CHEVROLET EQUINOX Bid Item: IXP26 Description  Prepared by: RICKE BROWN Phone: +09.659.1555 Date: October 8.2024  Email: RBROWN.SILSBEEFLEEIQGMA  A. B. Factory Options Code  A. Base Price: $ 26,771.00  Bid Price Code $ $ $ $ $ $  Description  Bid Price  2025 CHEVROLET EQUINOX LT 4CYL. ENGINE WI AUTOMATIC POWER WINDOWS /LOCKS REAR VIEW CAMERA AM/FM/BLUETOOTI: CIEVROL. ET SAFETY ASSIST  INTERIOR MED ASH EXTERIOR COLOR 3-BLACK I-CACTIGREEN 3-LAKESHORE BLUE  TotalofB. Published Options: $ Published Option Discount (5%)s  C. Unpublished Options Inot to exceed 25%)  S=  0.7% Bid Price  Description  Bid Price $ 199.00  Options  LGI. WINDOW TINT  Total ofc. Unpublished Options:s  199.00  D. Floor Plan Interest (for in-stock and/or equipped vehicles): E. Lot Insurance (for in-stock: and/or equipped vehicles):  $  F. Contract Price Adjustment: G. Additional Delivery Charge: II. Subtotal: 1. Quantity Ordered J. Trade in: K. Total Purchase Price  2025MT ADJUSIMINT 77 H  2,069.00 S 134.75 29,173.75 204,216.25 204,216.25  7    TIPS  PRODUCT PRICING SUMMARY 210907 TIPS USA TRANSPORTATIONVEHICLES  VENDOR- 5426 LAKE COUNTRY CHEYROLET,2152: N.WIIEELER STREET JASPER, TN 75951  End User: CIIYOFPASADENA Contact: GLEN SEVERS Email: reveropassgenatcor Product Description: CIRVROLFTPQUINON  Prepared by:. RICKI BROW'N Phone: 409.659.1555 Date: October8 8.2024  Email: RBROWN. SILSBEEFLEEIQGMA  A. B. Factory Options Code  Bid Item: Description  1XP26  A. Base Price: S 26,771.00  Bid Price Code S S S S S S $ 3.900.00 $ 1.085.00 $ 950.00  Description  Bid Price  2025 CHEVROLETE EQUINON CYL ENGINE W/AUTOMATIC POWER WINDOWS LOCKS REAR VIEW CAMERA AM/FM/BLVTOOTI CHEVROLET SAFETY ASSIST RSFWD SAFETY AND TECHIPACKAGE COMMANINCIPAGNAGET  EATERIOR RED INTERIOR- MED/ ASH RADIANT RED TINTCOAT  $  495.00  Total of B. Published Options: S 6,430.00 Published Option Discount (5%)s (259.25))  C. LGI. WINDOW TINT  Unpublished Options Inot to exceed 25%] Description  S=  0.6% Bid Price  Bid Price $ 199.00  Options  Totalofc. Unpublished Options: S  199.00  D. Floor Plan Interest (fori in-stock and/or equipped vehicles): E. Lot insurance (for in-stock and/or equipped vehicles):  S  F. C'ontract Price Adjustment: G. Additional Delivery: Charge: H. Subtotal: I. Quantity Ordered J. Trade in: K. Total Purchase Price  2025MI ADJUSIMENT 77 H  2,069.00 S 134.75 35,344.50 35,344.50 35,344.50    TIPS  PRODUCT PRICING SUMMARY TIPS USA210907TRANSPORTATION VEHICLES  VENDOR-S476LAKECOUNTRY CHEYROLET.2152N.WHEELER. STREET JASPER, TX 75951  End Uiser: CFTYOF PASADENA Contact: GLENSEVERS  Prepared by: RICK BROWN Phone: 409,659.1555 Date: October 8. 2024  Email: GRSEVERSQPASADENATX.GOV Product Description: CHEVROLET TRAX Bid Item: ITR58 Description  Email: RBROWN.SILSBEEFLEETQGMAI  A. B. Factory Options Code 2025CHEVRO.ET TRAX2RS 2RS ECOTLC 1.2L TURBO REAR VIEW CAMERA AM/FM/BLUETOOTIN WPA DRIVERS CONFI PACKAGE  A. Base Price: $ 20,760.00  Bid Price Code $ 3.900.00 $ $ $ $ 795,00  Description  Bid Price $ 395.00 $ $  EXTERIOR. MARINA BLUE INTERIOR- JETBLACK W/F RED AC'CENTS  Total of B. Published Options: $ 5,090.00 Published Option Discount (5%)s (254.50)  C.  Description  Bid Price $ 149.00  Options  Bid Price  LGL WINDOW TINT-21 FRONTONLY  Total ofC. Unpublished Options: S  149.00  D. Floor Plan Interest (for in-stock and/or equipped vehicles): E. Lot Insurance (fori in-stock and/or equipped vehicles):  $ $ $  F. Contract Price Adjustment: G. Additional Delivery Charge: H. Subtotal: I. Quantity Ordered J. Trade in:  miles  250.00 25,994.50 3 25,99-.50  K. TIPS AGMAAMFRINCIDED) L. Total Purchase Price Including TIPSI Fee  o$ 25,994.50    TIPS  PRODUCTI PRICING SUMMARY TIPSUSA2109077 TRANSPORTATION VEHICLES  VENDOR- 5426LAKE COUNTRY CHEYROLET.2IS2N. WHEELER STREETJASPERIISSI  End liser: CITYOFPASADENA Contact: GLENSEVIERS  Prepared by: RICKI BROWN Phone: 409.659.1555 Date: October 8.2 2024  Email: GRSEVERSQPASADENATX.GOV Product Description: CHEVROLETT TRAX Bid Item: ITR58 Description  Email: RBROWN.SILSBEEFLEETQGMAI  1. B. Factory Options C'ode BSCIEVROALITTRAKIRS 2RS ECOTECI2LTURBO REAR VIEW CAMERA AMI/FNI/BLUETOOTI WPA DRIVERSCONFI PACKAGE M. ROOF RACKCROSS RAILS  A. Base Price: s 20.760.00  Bid Price Code $ 3.900.00 $ S $ $ 795.00 S 425.00  Description  Bid Price $ S  ENTIRIOR CRIMSON METALLIC INTERIOR- -JETBLACK W/RED ACCENTS  Total ofB. Published Options:! S 5,120.00 Published Option Discount (5%)s (254.50)  C.  Description  Bid Price S 149.00  Options  Bid Price  LGL.WINDOW IINT-2FRONTONLY  Total ofC. Unpublished Options:_s  149.00  D, Floor Plan Interest (fori in-stock: and/or equipped vehicles): Lot Insurance (Fori in-stock and/or equipped vehicles):  S  E. F. G. H. Subtotal: I. J.  Contract Price Adjustment: Additional Delivery C'harge: Quantity Ordered Tradei in:  miles  250.00 26,024.50 26,024.50  K. TIPS Administrative Fee (INCLUDED) 1. Total Purchase Price Including TIPS Fee  S 26,024.50    TIPS  PRODUCTI PRICING SUMMARY TIPS USA210907 TRANSPORTATIONVEHICLES  VENDOR- 5426 LAKE COUNTRY CHEYROLE12152N.MHEELER TREFTJASPER.I791  End Liser: CITYOFPASADENA Contact: GL.ENSEVIERS  Prepared by: RICKBROWN Phone: 409.659.1555 Date: October8. 2024  Email: GRSEVERSQPASADENATX.GOV Product Description: SILVERADOISOAICC Bid Item: CC10543 Description  Email: RBROWN/SILSBEEFLEETQGMAI  1. B. Code  A. Base Price: s 1,942.00  Factory Options 2025 LVIRADOCUSIONI 13B FUIRBOMAN ICYI. POWER WINDOWS/LOCKS CRU SECONTROI. POWER WINDOS/IOCKS REAR VIEW CAMERA CARPIETFLOORING TRAILER TOW PACKAGE  Bid Price Code $ 885.00 S $ $ $ S $ S  Description  Bid Price $ $  EATERIOR- BLACK INTERIOR- -BLACK CLOTH SWB/512'BED  Total of B. Published Options: S Published Option Discount (5%)s  885.00 (44.25) Bid Price  C.  Description  Bid Price $ 199.00  Options  LGI. WINDOWTINT  Totalofc. Unpublished Options: S  199.00  D. Floor Plan Interest (fori in-stock and/or equipped vehicles): E. Lot Insurance (fori in-stock and/or equipped vehicles):  S  F. C'ontract Price Adjustment: G. Additional Delivery Charge: H. Subtotal: I. J.  miles  $  250.00 43,231.75 43,231.75  Quantity Ordered Tradei in:  K. TIPS Administrative Fee (INCLLDED) L. Total Purchase Price Including TIPS Fee  43,231.75    TIPS VENDOR AGREEMENT LAKE COUNTRY CHEVROLET  Between  and  (Company Name)  THE INTERLOCALI PURCHASING SYSTEM (TIPS), a Department of Texas Education Service Center Region 8 for  TIPS RFP: 210907 Automobiles  General Information  The Vendor Agreement ("Agreement") made and entered into by and between The Interlocal Purchasing System (hereinafter "TIPS") a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 4845 US Hwy 271 North, Pittsburg, Texas 75686 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the AF Purchase Order ("PO"), Agreement or Contract is the TIPS Member's approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business  parties in writing and by signature and date on the attachment.  goals are: some, but not all, oft the possible addendums.  Terms and Conditions  Freight  All quotes to Members shall provide al line item for cost for freight or shipping regardless ift there isac charge ornot. Ifno charge fort freight or shipping, indiçate bys stating' "No Charge", "$0", "includedi in price" or other similar indication. Otherwise, all shipping, freight or delivery changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative  shipping terms are agreed by" TIPS as a result oft the proposal award.  Warranty Conditions  All new supplies equipment and services shall include manufacturer's minimum standard warrantyunless otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS Members if the offering is included in the Request for Proposal ("RFP") category. All goods proposed and  sold shall be new unless clearly stated in writing.  Customer Support  The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. Ifs supportand/ortraining is a line item sold or packaged with a sale, support shall be as agreed  with the TIPS Member. TIPS Vendor Agreement 06022020_sr  Page 1  EXHIBIT"2"    Agreements  Agreements for purchase will normally be put into effect by means of a contract, agreement, or purchase order(s) executed by authorized agents of the TIPS Member participating government entities, but other means of placing an order may be used at the Member's discretion. Vendor accepts and understands that when a purchase order ors similar purchase document is sent from a customer through TIPS to the Vendor, TIPS is recording the purchase and verifying whether the purchase is within the parameters of the TIPS Contract only. Vendor agrees that TIPS is not a legal party to the purchase order or similar purchase document and TIPS is not responsible for identifying fraud, mistakes, or misrepresentations for the specific order. Vendor agrees that any purchase order or similar purchase document issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. A Vendor that accepts a purchase order or similar purchase document and fulfills an order,even when processed through TIPS, isr representing that the vendor has carefullyreviewed the purchase order or similar  purchase document for exaltvauinenticvand. accuracy.  Tax exempt status of the TIPS Member shall apply. Assignments of Agreements  Most TIPS Members are taxe exempt and the related laws and/or regulations oft the controlingunsdictions,  No assignment of this Agreement may be made without the prior notification of TIPS. Written approval of TIPS: shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the  awarded' Vendor, Vendor designated reseller or vendor assigned company.  Disclosures  Vendor and TIPS affirm that he/she, or any authorized employees or agents, has not given, offeredt to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Vendor shall attach, in writing, a complete description of any and all relationships that might be The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in  Agreement.  considered a conflict ofi interesti in doing business with the TIPS program.  the award of this Agreement. Term of Agreement and Renewals  The Agreement with TIPS is for approximately three (3) years with an option for renewal for an additional one (1) consecutive year. IfTIPS offersi the renewal extension year, the Vendor will be notified bye emailtot the primary contact oft the awarded' Vendora and shall be deemed accepted byt the Vendor unless the awarded Vendor notifies TIPS ofi its objection to the additional term. TIPS may or may not exercise the available extension(s) providedi in the original solicitation beyond the base three-year term. Whether or not to offer the extension is at the sole  discretion of TIPS.  TIPS Vendor Agreement 06022020_sr  Page 2    "Start Date" for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for Agreement "term" calculation purposes only, the Agreement "start date" ist the last day oft the month that Award Example: If the anticipated award date published in the Solicitation is May 22, 2020 but extended negotiations delay award until June 27, 2020 The end date of the resulting initial "three-year" term Agreement, (which is "Termination Date": The scheduled Agreement "termination date" shall be the last day of the month of the Example: If the original term is approximately three years, and the solicitation provides an anticipated award date of May. 22, 2020, the expiration date of the original three-year term: shall be May. 31, 2023. Extensions: Any extensions of the original term shall begin on the next day after the day the original term Example Following thel Previous Eampe./TPelersooneyeorextension, the expiration ofthee extendedterm TIPS may offer to extend' Vendor Agreements to the fullest extent the original Solicitation permits. Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the No Agreement for goods or services with a TIPS Member by the awarded vendor named in this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated in an Agreement by thev vendorwith the TIPS Member shall only be valid and enforceable when the vendor receives written confirmation by purchase order, executed Agreement or other written instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has notp properyaPpropnated and! budgeted thet funds to satisfyt the Agreementrenewal. Thist term isn not negotiable and any Agreement between al TIPS Member and a TIPSawarded vendor with an automatic  Notifications are anticipated as published ini the Solicitation subject to an extension(s)) will still be May. 31, 2023.  month of the Original Solicitation's Anticipated Award Date plus three years.  expires. shall be May 31, 2024.  Solicitation and with the Vendor Namedi int this Agreement.  renewal clausei that conflicts with these terms is rendered void and unenforceable.  Shipments  The Vendor shall ship, deliver or provide ordered products ors wemvctEwthinscommecaly reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order ife estimated delivery time is not acceptable  or not as agreed by the parties.  Invoices  Each invoice or pay request shall include the TIPS Member's purchase order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the shipment tracking number or pertinent information for verification of1 TIPS Member receipt shall be made available upon request. The TIPS Member will make payments directly to the Vendor, the Vendor Assigned Dealer or as agreed by the Vendor and the TIPS Member after receiving invoice and in compliance with applicable payment statute(s), whichever is the greater time or as otherwise provided by an agreement of the parties.  Payments  TIPS Vendor Agreement 06022020_sr  Page 3    Pricing  Pricei increases willl bel honored according to thet terms oft the solicitation. All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS byt the Vendor. Vendor  will not show adding the fee to thei invoice presented to TIPS Member customer. Participation Fees and Reporting of Sales to TIPS by Vendor  Thel Participation Fee that was published as part oft the Solicitation and thet fee publishedi ist thel legallye effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code $791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including partial payment, from the Member Entity andi must be paidt to TIPS at least onar monthly! basis, specifically within 31 calendar days of receipt of payment, ifnoti more frequently, or as otherwise agreed by TIPSi in writing and signed by an authorized signatory ofl TIPS. Thus, when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even partial payment, fora a TIPS sale, the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of  receipt of payment, if not more frequently. Reporting of Sales to' TIPS by Vendor  Vendori is required to report all sales under the TIPS contract to TIPS. When aj public entityi initiates aj purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, iti is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on any communications and related sales documents exchanged with the TIPSI Member entity. Toreport sales, the Vendor must login tot the TIPS Vendor Portal online at https/www.tips-usa.com/vendors form.cfm and click on the PO's and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ's for more information about reporting sales and if you have further questions, contact the Accounting Team at countingetpsusacon The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. Failure to render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmentalentity, Texas Education Service Center Region 8, as established by thel Texasl legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action. Any overpayment of participation fees to TIPS bya a Vendor will be refundedi to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. Itis the Vendor's responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline to notify ifapproved by the Region 81 ESCI Board of Directors. TIPSreserves all rights under the lawi to collect the fees due. Please contact TIPS at tips@tips-usa.com or call (866) 839-8477 if you have questions  about paying fees. Indemnity  The Vendora agreestoindemanlyandi hold harmless and defend" TIPS, MPMemberto.ofierand employees from and against all claims and suits by third parties for damages, injuries to persons (including death),  TIPS Vendor Agreement 06022020_sr  Page 4    property damages, losses, and expenses including court costs and reasonable attorney'sf fees, arising out of, or resulting from, Vendor's performance under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESCREGIONE Per Texas Education Code $44.032(f), and pursuant to its requirements only, reasonable Attorney's fees are  recoverable by the prevailing party in any dispute resulting in litigation.  State of Texas Franchise Tax  Bys signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of  any franchise taxes owed the State of Texas under Chapter171, Tax Code.  Miscellaneous  The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals fori items or services already on Agreement at any time.  Purchase Order Pricing/Product Deviation  Ifa deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order. TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days priorwrittenr notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 4845 US Hwy North, Pittsburg, Texas 75686. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate at termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other  Termination for Convenience of TIPS Agreement Only  needs.  TIPS Member Purchasing Procedures  Usually, purchase orders or their equal are issued by participating TIPS Membert tot the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are  typically emailed to TIPS at tipspo@tips-usa.com.  Awarded Vendor deliversgoods/serices directlyt to the participating member. Awarded Vendor invoices the participating TIPS Member directly. Awarded Vendor receives payment directly from the participating member.  Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from  TIPS Vendor Agreement 06022020_sr  Page 5    the Member Entity or as otherwise: agreed by TIPS in writing and signed by an authorized signatoryofTIPS. Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fullyi informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work and/ord cancel an order ort terminate this or anyothers sales Agreement of any awarded' Vendor whose license(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject  Licenses  toa30-day cure period unless prohibited by applicable statue or regulation.  Novation  fawarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five  (5)! business days oft the transfer of assets or rights. Site Requirements (only when applicable to: service or job)  Cleanup: When performing work on: site atal TIPSMember's; property, awarded' Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member or as agreed byt the parties. Upon completion of work, the premises shall be lefti in good repair and an orderly, Preparation: Awarded Vendor shall not begin a project for which TIPS Member has not prepared the site, unless awarded Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, Registered sex offender restrictions: For work to be performed at schools, awarded Vendor agrees that no employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Awarded' Vendor agrees that a violation oft this condition shall be considered: a material breacha andi mayresulti int the cancellation oft the purchaseorder: at the TIPS Member'sdiscretion. Awarded Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Safety measures: Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessalysaleguards for protection of workers and they public. Awarded Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions. shall bet taken pursuant to state law and standard practices to protect workers, general public  neat, clean and unobstructed condition.  installing wiring for networks or power, and similar pre-installation requirements.  and existing structuresf from injury or damage.  Safety Measures  Awarded Vendor shall1 take all reasonable precautions fort the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public  and existing structures from injury or damage.  Smoking  TIPS Vendor Agreement 06022020_sr  Page 6    Persons working under Agreement shall adhere to the TIPS Member's or local smoking statutes, codes or  policies. Marketing  Awarded' Vendor agrees to allow TIPS to use their name and logo within TIPS website, marketing materials and advertisement subject to any reasonable restrictions provided to TIPS in the Proposal to the Solicitation. The Vendor may submit an acceptable use directive for Vendor'sr names and logos with which TIPS agrees to comply. Any use of TIPS name and logo or any form of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior approval from TIPS which will not be  unreasonably withheld. Request may be made by email to TIPSOTIPS-USA.COM.  Supplemental Agreements  The TIPSI Member entity participating int the TIPS Agreement and awarded Vendor may enteri into as separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents, TIPSMembers: and employeesr notap partytot the Supplemental. Agreement with the TIPSI Member customer, shall not be made party to any claim for breach of such agreement unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor.Supplemental Vendor's Agreement documents may not become part of TIPS' Agreement with Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor's TIPS Agreement so long as they do not materially conflict with this Agreement.  Survival Clause  Allapplicable sales, leases, Supplemental. Agreements, contracts, software license agreements, warrantiesor service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under thet terms and conditions of this Agreement shall survive the expiration or termination of this Agreement.All Orders, Purchase Orders issued or contracts executedI by TIPSoral TIPS Member: and accepted byt the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise  specified herein relating to termination of this agreement.  Legal obligations  Iti is the responding Vendor's responsibility to be aware ofa and comply with all local, state and federal laws governing the sale of products/services identified in the appliçable Solicitation that resulted in this Vendor Agreement and any awarded Agreement thereof. Applicable laws and regulations must be followed even if  not specificallyi identified herein.  Audit rights  Due to transparency statutes and public accountability requirements of TIPS and TIPS Members', the awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting of TIPS related purchases for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective  TIPS Vendor Agreement 06022020_sr  Page7    date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Awarded Vendor's pricing or TIPS transaction documentation with TIPS Members with 30 days' notice unless the audit is ordered bya a Court Order or bya a Government Agency with authority to do sO without notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third- party auditing firm to investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in thet time, format and at the location acceptable tol Region 8ESCO or TIPS. TIPS agrees noti to perform ar random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit forj just cause or as required by any governmental agency or court with regulatoryauthoritly. over TIPS or the  TIPS Member. Force Majeure  Ifby reason of Force Majeure, either party hereto: shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, sO far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable  dispatch. Choice of Law  The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws oft the State of Texas, regardless ofa any conflict ofl laws principles.  Venue, Jurisdiction and Service of Process  Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPSresulting from or any contemplated transaction shall be brought in a court of competent, jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue ort to convenience of forum, agrees that all claims in respect oft the Proceeding shall bei heard and determined onlyi ina any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree thate either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere ini the world. Venue for any dispute resolution process, other than litigation,  between TIPS and the Vendor shall be located in Camp or Titus County, Texas.  Project Delivery Order Procedures  The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document, maymakeare requestofthe awarded' Vendorunder this Agreement wheni thel TIPSMemberdesires goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member's request as soon as possible, but must make contact with the TIPS Member within two working  days.  TIPS Vendor Agreement 06022020_sr  Page 8    Status of TIPS Members as Related to This Agreement  TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded  Agreement as TIPS.  Vendor's Resellers as Related to This Agreement  Vendor's Named Resellers ("Resellers") under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor's Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendori is responsible for their contractual failures and shall be! billed for thet fees. The awarded Vendor may then recover thet feest from their named reseller. Iftherei isa dispute between the awarded' Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, ori its representatives, reserves the right to inspect any project and audit the awarded Vendor's TIPS project files, documentation and correspondence related tot the requesting TIPSI Member'sorder. Ift there are confidentialityr requirements by  Support Requirements  either party, TIPS: shall comply to the extent permitted by law.  Incorporation of Solicitation  The TIPS Solicitation which resulted int this Vendor Agreement, whether al Request for Proposals, thel Request for Competitive. Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor's response to same and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim.  SECTION HEADERS OR1 TITLES  THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOTI FOR CLASSIFICATION OR LIMITING OF1 THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. Texas governmental entities are prohibited from doing business with companies that fail to certify to this  STATUTORY REQUIREMENTS  condition as required by Texas Government Code Sec. 2270.  By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term oft the Agreement. You certify thaty your companyi is not listed on and does not and will not do business with companiesthatare on the Texas Comptroller of Publiç Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at htpsllcomptolerteaspurhasin.saloregnteroristpdf You certify that ift the certified statements: above become untrue at any time during thel life ofthis Agreement that the' Vendor will notifyTIPS withint three (3) business day of the change bya al letter on' Vendor'sletterhead from ands signed by an authorized representative oft the Vendor stating the non-compliance decision and the  TIPS Agreement number and description at: Attention: General Counsel TIPS Vendor Agreement 06022020_sr  Page 9    ESC Region 8/The Interlocal Purchasing System (TIPS) 4845 Highway 271 North Pittsburg, TX,75686 And by an email sent to bids@tips-usa.com Insurance Requirements Holders: General Liability Automobile Liability Workers' Compensation Umbrella Liability  The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract  $1,000,000 each Occurrence/ Aggregate $300,000 Includes owned, hired & non-owned Statutory limits fort the jurisdiction in which the Vendor performs under this Agreement.  $1,000,000  When the Vendor or its subcontractors are liable for any damages or claims, the Vendor's policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractorsinsurance policy. The coverages and limits are tol be considered minimum requirements andi in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof ofr retention funds to coversaid deductibles is provided. "Claimsmade" policies will not be accepted. Vendor's required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Memberifap project or pending delivery of an order is ongoing. Upon request, certified copies of alli insurance policies shall bet furnished to the TIPS or the TIPS Member.  Special Terms and Conditions  Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- sa.com.ShoudaTpPs? Membersend an order directly to the Vendor, iti ist the Vendofsresponsiblty tot forward a copy of the order to TIPS at the email above within 3 business days and confirm its Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly fromi the Vendor ort through another agreement, whent the Member has requested using the TIPS cooperative Agreement or price, andi thereby bypassing the TIPS Agreementi isav violation of1 the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 Vendor custom website for TIPS: If Vendori is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accordance with the award. Back Ordered Products: If product is not expected to ship within the time provided to the TIPS  receipt with TIPS.  Program. business days.  TIPS Vendor Agreement 06022020_sr  Page 10    Member by the Vendor, the Memberi is to be notified within 31 business days and appropriate action  taken based on customer request.  The TIPS Vendor Agreement Signature Page is inserted here.  TIPS Vendor Agreement 06022020_ sr  Page 11    TIPS Vendor Agreement Signature Form  TIPS REP 210907 AUTOMOBILES  LAKE COUNTRY CHEVROLET  Company Name Address City. Phone  1211 US HIGHWAY 96 NORTH  SILSBEE 512.4361313 Email of Authorized Representative Name of Authorized Representative SALES Title.  TX State_ Zip.  77656  Fax,  SGAMBLINSLSBEEFLEEFLEET@GMALCOM  SETH GAMBLIN  Signature of Authorized Representative SCAGAMBLN  Date  10/15/2021  TIPS Authorized Representative Name. David Fitts  Title Executive Director  TIPS Authorized Representative: Signature, dadilapdits Approved by ESC Region 8 danldapefit  Date_ 10/29/2021    NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES TIPSVENDORS RESPOND' TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE SOLICITATION PROCESS. THE VENDOR'S RESPONSES TO ATTRIBUTE QUESTIONS ARE INCLUDED HEREIN AS "SUPPLIER RESPONSE." PLEASE BE ADVISED THAT DEVIATIONS, IF ANY, IN VENDOR'S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT REFLECT VENDOR'S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACTTHE TIPS OFFICE AT 866-839- 8477WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEGAL COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM  TIPS VENDORS.    TIPS  210907 Addendum 2  LAKE COUNTRY CHEVROLET INC  Supplier Response  Event information Number: 210907 Addendum 2 Title: Type: Issue Date: 9/2/2021 Notes:  Automobiles Request for Proposal  Deadline: 10/19/2021 03:00 PM (CT)  Ifyou already hold a contract that allows you to sell all your offerings, there may be no need to respond to this RFP. This may include new cars, trucks, vans, buses (other than school buses as defined by the USDOT or applicable state law, whichever is most restrictive), SUVS, ATVs, UTVS, motorcycles and parts and Any type of motorized vehicle on or off road. New or used. New vehicles are priced at a minimum discount from Manufacturer's list price. Used vehicles must be priced based on your proposed coefficient or percentage of the book relative price against a published used vehicle pricing service that you select and agree to document. Example Blue book, Black book, NADA, etc. or other catalog that meets the definition of" "catalog" published in the RFP. See additional information in the specifications.  accessories and service.  Contact Information  Address: Region 8 Education Service Center  Page lof2 27 pages  Vendor: LAKECOUNTRY CHEVROLETINC  210907. Addendum 2    4845 US Highway 271 North Pittsburg, TX 75686  Phone: +1 (866)839-8477 Email: pids@tps-usa.com  Page 2of27p pages  Vendor: LAKECOUNTRY CHEVROLETINC  210907 Addendum2    LAKE COUNTRY CHEVROLET INC Information  Contact: SETHGAMBLIN Address: 2152 NWHEELER Phone: (512)436-1313  JASPER, TX75951  Email: SGAMBLNSLSBEEFLEEFLEET@GMALCOM  By submitting your response, you certify that you are authorized to represent and bind your company.  SETH GAMBLIN Signature  SGAMBLIN.SILSBEEFLEETQGMAIL.COM  Email  Submitted at 10/18/2021 3:59:58 PM Supplier Note THANK YOU!  Requested Attachments Agreement Signature Form  210907 Agreement Signature Form LAKE COUNTRY. pdf  Ifyou have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the ATTACHMENTS" tab. This PDF document is a fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the  completed and signed AGREEMENT SIGNATURE FORM, and upload here.  Ifyou have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification  required document. All Other Certificates  No response  scan into one document. (PDF Format ONLY) DOI NOT UPLOAD encrypted or password protected files. information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.  Pricing Form 2  210907 Pricing Form 2( (1) LAKE COUNTRY.xisx  The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, filli in the requested  Reference Form  210907 Reterence_Form LAKE COUNTRY.xis  The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and  upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE  No response  INSTRUCTIONS  ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS  Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in the Base documents or can be found at ntpswww.tps-usacomaselsydocuments/docs/Ciq. .pdf.  Page 3 of27 pages  Vendor: LAKECOUNTRY CHEVROLETINC  210907. Addendum2    Proposed Goods and Services  Marketing statement Silsbee Fleet COMPANY SUMMARY.pdf  Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR list links to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer under this proposal. It does not have to be exhaustive but should, ata a minimum tell us what you are offering. It could D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the identified enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Enterprise) If vendor has more than one certification scan into one document. (PDF Format ONLY) Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY)  be as simple as a sheet with your link toy your online catalog of goods and services.  D/M/WBE Certification OPTIONAL  No response  DONOT UPLOAD encrypted or password protected files. DOI NOT UPLOAD encrypted or password protected files.  Warranty  No response  Vendor Agreement  210907 Vendor Agreement LAKE COUNTRY.pdf  The vendor must download the Vendor Agreement from the attachment tab, filli int the requested information and  upload the completed agreement.  DO NOT UPLOAD encrypted or password protected files. information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.  Pricing Form 1  210907 Pricing Form 1 (2) LAKE COUNTRY.xisx  The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, filli in the requested  Supplementary Format ONLY)  No response  Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.)(PDF  DOI NOT UPLOAD encrypted or password protected files.  Logo and Other Company Marks  No response  If you desire, please upload your company logo to be added to your individual profile page on the TIPS website. Ifany particular specifications are required for use of your company logo, please upload that information under the Supplementary section or another non-required section under the Response Attachment" tab. Preferred Logo  Format: 300: X 225 px- -png, eps, jpeg preferred  Certification of Corporate Offerer Form- COMPLETE ONLY IF OFFERER IS A  No response No response  CORPORATION  COMPLETE. ANDUPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS ACORPORATION ONLY IF you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the Standard Form-LLL, disclosure Form to Report Lobbying," in the Response attachments section. REQUIRED CONFIDENTIALITY FORM. Complete the form according to your company requirements, make any desired attachments and upload to the appropriate section under' "Response Attachments" THIS FORM DETERMINES You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form  Disclosure of Lobbying Activities Standard Form LLL  Confidentiality Claim Form  210907 CONFIDENTIALITY CLAIM FORM (1) LAKE COUNTRY.pdf  HOWESCBTIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.  Current W-9 Tax Form  lake county w9. pdf  will be utilized by TIPS to properly identify your entity.  Page 4of27, pages  Vendor: LAKECOUNTRY CHEVROLETINC  210907 Addendum 2    Bid Attributes Yes - No  Disadvantaged/Minority/omen Business Enterprise - D/M/WBE/Federal HUBZone (Required by some participating governmental entities). Vendor certifies that their firmi is al D/M/WBE or HUBZone? Vendor must upload proof of  certification to the "Response Attachments" D/M/WBE CERTIFICATES section.  NO 2 Yes-No  Historically Underutilized Business HUB (Required by some participating governmental entities) Vendor certifies that their firm is al HUB as defined by the State of Texas at itps/comptroller.tes.gowpurchasingvendorhub. Proof may be submitted. Vendor must upload proof of certification to the Response Attachments" HUB  CERTIFICATES section.  No 3 Yes - No Yes 4 States Served: No response  The Vendor can provide services and/or products to all 50 US States?  Ifa answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX)  5 Company and/or Product Description:  This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit  750 characters.)  SILSBEE FLEET (LAKE COUNTRY CHEVROLET) VEHICLES  6 Primary Contact Name Primary Contact Name SETH GAMBLIN Primary Contact Title Primary Contact Title FLEET SALES 8 Primary Contact Email Primary Contact Email 9 Primary Contact Phone Example: 8668398477 5124361313  SGAMBUNSILSBEFLEET@GMALCOM  Enter 10 digit phone number. (No dashes or extensions)  Page 5of27p pages  Vendor: LAKECOUNTRYCHEVROLETINC  210907. Addendum 2    Primary Contact Fax Example: 8668398477 Primary Contact Mobile Example: 8668398477 No response Secondary Contact Name Secondary Contact Name SETH GAMBLIN Secondary Contact Title Secondary Contact Title FLEET SALES Secondary Contact Email Secondary Contact Email SGAMBLNSILSBEEPLEET@GWALCOM Secondary Contact Phone Example: 8668398477 5124361313 Secondary Contact Fax Example: 8668398477 No response Secondary Contact Mobile Example: 8668398477 No response Admin Fee Contact Name SETHGAMBLIN 1 Admin Fee Contact Email Admin Fee Contact Email  Enter 10 digit phone number. (No dashes or extensions)  Enter 10 digit phone number. (No dashes or extensions)  Enter 10 digit phone number. (No dashes or extensions)  Enter 10 digit phone number. (No dashes or extensions)  Enter 10 digit phone number. (No dashes or extensions)  Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.  9  SGAMBLNSLSBEEFLEET@GMALCOM  Page 60f27p pages  Vendor: LAKECOUNTRYCHEVROLETINC  210907 Addendum2    Admin Fee Contact Phone Example: 8668398477 5124361313  Enter 10 digit phone number. (No dashes or extensions)  Purchase Order Contact Name  -  Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.  SETHG GAMBLIN  Purchase Order Contact Email Purchase Order Contact Email SGAMBLNSILSBEEFLEET@GMALCOM Purchase Order Contact Phone Example: 8668398477 5124361313 Company Website No response  Enter 10 digit phone number. (No dashes or extensions)  Company Website (Format- www.company.com, Entity D/BIA's and Assumed Names  Please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the legal name under which you responded to this solicitation unless you organize otherwise with TIPS after award.  No response Primary Address Primary Address 1211 US HIGHWAY 96N Primary Address City Primary Address City SILSBEE 2 Primary Address State 8 TEXAS 2 Primary Address Zip 9 Primary Address Zip 77656  Primary Address State (2 Digit Abbreviation)  Page 7of27 pages  Vendor: LAKEC COUNTRY CHEVROLETINC  210907 Addendum2    Search Words:  Please list search words to be posted in the TIPS database about your company that TIPS website users might search. Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer  name, etc.)  AUTOMOBILES, VEHILCE, TRUCK, CAR  Do you want TIPS Members to be able to spend Federal grant funds with if awarded? intent to be able to sell to our members regardless of the fund source, whether it be local, state or Most of our members receive Federal Government grants or other funding and they make up a significant portion of their budgets. The Members need to know ify your company is willing to sell to them when they spend federal budget funds on their purchase. There are attributes that follow that include provisions from the federal regulations in 2 CFR part. 200, etc. Your answers will determine if your award will be designated as eligible for TIPS Members to Do you want TIPS Members to be able to spend Federal funds, at the Member's discretion, with you?  1 federal?  youi  Is it your  utilize federal funds with your company.  Yes Yes- - No owner:  Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority  (A) has its principal place of business in Texas;  OR  (B) employs at least 500 persons in Texas?  This question is required as a data gathering function for information to our members making purchases with  awarded vendors. Itdoes not affect scoring with TIPS.  Yes  Company Residence (City)  Vendor's principal place of business is in the city of?  SILSBEE  Company Residence (State)  Vendor's principal place of business is in the state of?  TEXAS  Page 8of27 pages  Vendor: LAKECOUNTRYCHEVROLETINC  210907 Addendum2    Discount Offered CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES Remember this is a MINIMUM discount percentage. So, be sure that the discount percentage inserted here can be applied to ANY OFFERING OF GOODS OR SERVICES THROUGHOUT THE LIFE OF THE CONTRACT. CAUTION: BE CERTAIN YOU CAN HONOR THIS MINMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE What is the MINMUM percentage discount off of any item or service you offer to TIPS Members that is in your regular catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when adding new goods or services to your offerings during the life of the contract? The resulting price of any goods or services Catalog list prices after this discount is applied is a ceiling on your pricing and not a floor because, in order to be more competitive in the individual circumstance, you may offer a larger discount depending on thei items or services purchased and the quantity at time of sale. Please note that any specific greater discount offered for a particular product, brand, or service listed in Vendor's proposal will control and' Vendor will be required to honor that greater specific discount, in excess of the minimum discount, for that particular product, brand, or service for the life  5 ON THIS ATTRIBUTE QUESTION  OR GOOD NOWORI DURING THE LIFE OF THE CONTRACT.  of the contract.  Must answer with ar number between 0% and 100%.  0%  MINIMUM Discount Term  Does the vendor agree to at least offer, for the life of the Agreement, the Minimum Discount Percentage off list or catalog proposed by Vendor in response to the Attribute entitled' "Discount Offered CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES ON THIS ATTRIBUTE QUESTION"? TIPS will utilize this response to satisfy the Long Term Cost scoring evaluation criteria. A"YES" answer will be awarded the maximum 10 points for this criterion out of the 1001 total points and a' "NO" answer is awarded 0 points.  YES  3 Catalog or list pricing of vendor  For the duration of the Contract, Vendor agrees to provide catalog pricing, as defined in the solicitation and below, "Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of date, during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form A. isr regularly maintained by the manufacturer or Vendor of ani item; and B. ise either published or otherwise available for inspection by a customerduring the purchase process; C. tov which the minimum discount proposed by the proposing Vendor may be applied.  tol TIPS upon request for any goods and services offered on the Vendor's TIPS Contract.  that:  Yes  TIPS Administration Fee  By submitting a proposal, l'agree that all pricing submitted to TIPS shall include the Administration Fee, as designated in the solicitation or as otherwise agreed in writing which shall be remitted to TIPS by the Vendor, or the vendor's named resellers, and as agreed to in the Vendor Agreement. lagree that the fee shall not and will not be added by the Vendor as a separate line item on a TIPS member invoice, quote, proposal or any other written  communications with the TIPS member.  Page 9of27 pages  Vendor: LAKECOUNTRYC CHEVROLETINC  210907. Addendum? 2    Yes -No  9 Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, Vendor agrees to  guarantee the fee remittance by or for the reseller named by the vendor? to agree shali render your response void and it will not be considered.  TIPS/ESC Region 8 is required by Texas Government Code S 791 to be compensated for its work and thus, failure  Agreed  Additional Discounts?  Do you offer additional discounts to TIPS members for large order quantities or large scope of work?  Yes  4 Years in Business as Proposing Company 1 Years in business as proposing company?  18  Resellers:  Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME (Ifapplicable, Vendor should add all Authorized Resellers within the TIPS Vendor Portal upon award).  sell your products under an agreement with you, the awarded vendor of TIPS.  would list BIGmart as a reseller.  No  Right of Refusal  The proposing vendor has the right not to sell under the awarded agreement with a TIPS member at vendor's  discretion unless required by law. NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid or proposal, the Bidder certifies that:  1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any 2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of 3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to 4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.  Competitor;  bids, or proposals for this project, to any other Bidder, Competitor or potential competitor:  submit a bid or proposal; person signing in its behalf.  Page 10of27pages  Vendor: LAKEC COUNTRY CHEVROLETINC  210907 Addendum: 2    CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ - Do you have any CONFLICT OF INTEREST Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or Ify youl have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein-  TO REPORT OR DISCLOSE under this statutory requirement?  NO  you are required to complete and file with TIPS. The Form CIQ is one of the attachments to this solicitation.  There is an optional upload for this form provided if you have a conflict and must file the form  No  4 Filing of Form CIQ No  Ifyes (above), have you filed a form CIQ by uploading the form to this RFP as directed above?  Regulatory Standing question. Yes  Icertify to TIPS for the proposal attached that my company is in good standing with all governmental agencies Federal or state that regulate any part of our business operations. If not, please explain in the next attribute  Regulatory Standing No response  Regulatory Standing explanation of no answer on previous question.  Antitrust Certification Statements (Tex. Government Code S 2155.005) By submission of this bid or proposal, the Bidder certifies that:  laffirm under penalty of perjury of the laws of the State of Texas that:  (1)lam duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, (2) In connection with this bid, neitherlnor any representative of the Company has violated any provision of the (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust (4) Neither I nor any representative of the Company has directly or indirectly communicated any oft the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged  partnership or individual (Company) listed below;  Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;  law;  in the same line of business as the Company.  Page llof27 pages  VembrLAKECOUNTRYCHEVROLETINC  210907. Addendum2    Suspension or Debarment Instructions Instructions for Certification:  1.E By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is 2.7 The certification in this clause is a material representation oft fact upon which reliance was plaçed when this transaction was entered into. Ifiti is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal iss submitted if at any time the prospective lower tier participant learns that its certification was erroneous when 4. The terms "covered transaction," "debarred, "suspended," "ineligible," "lower tier covered transaction," "participants, "person," "primary covered transaction," "principal," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of 5.T The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, 6.7 The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction" without modification in alll lower tier covered transactions and in all solicitations for lower tier covered 7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency byv which it determines the eligibility of its principals. Each participant may, but is not required to, check the 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business 9.E Except for transactions authorized under paragraph 5 of these instructions, ifa participant in a covered transaction knowingly enters into al lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available  providing the certification set out herein in accordance with these instructions.  debarment.  submitted or has become erroneous by reason of changed circumstances.  those regulations.  unless authorized by the department or agency with which this transaction originated.  transactions.  Nonprocurement List.  dealings.  remedies, including suspension and /or debarment. Suspension or Debarment Certification federally funded contract as described above.  By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receivinga  Yes  Page 12of27pages  Vendor: LAKECOUNTRY CHEVROLETI INC  210907 Addendum 2    Non-Discrimination Statement and Certification  In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agençies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.)s should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800)877-8339. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write al letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C.  programs). Remedies and complaint filing deadlines vary by program or incident.  Additionally, program information may be made available in languages other than English.  20250-9410; (2) fax: (202) 690-7442; or (3) email: ogam.male@usdagow  (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement - Nutrition Programs and Activities) AlI U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.  Not a negotiable term. Failure to agree by answering YES will render your proposal non-responsive and it will not be considered. Icertify that in the performance of a contract with TIPS ori its members, that our company will conform to the foregoing ant-discrimination statement and comply with the cited and all other applicable laws and regulations.  Yes, Icertify (Yes)  5 2CFR PART 200 Contract Provisions Explanation  Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and The following provisions are required to be in place and agreed if the procurement is funded in any part with federal The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are located in 2 CFR PART: 200-  Appendix II to Part 200--Contract Provisions for Non-Federal Entity Contracts Under Ina addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable.  TIPS Members: funds.  Federal Awards at 2 CFR PART: 200. Others are included within 2 CFR part 200etal.  Page 13of27 pages  Vendor: LAKECOUNTRYCHEVROLETINC  210907 Addendum2    2CFR PART 200 Contracts  Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect toi this  appropriate.  procurement in the event of breach of contract by either party.  Does vendor agree? Yes  2CFR PART 200 Termination  Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and of$10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement would be compensated for work performed and goods procured as oft the termination date if for convenience of the ESC Region 8 and' TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8and TIPS reserves the right to purchase goods and services from other vendors when iti is in the best interest of  effected and the basis for settlement. (AIl contracts in excess of$ $10,000) TIPS Members reserves the right to terminate any agreement in excess  and up to 30 days, to cure the causal breach of terms and conditions. ESCI Region 8 and process for convenience with 30 days notice in writing to the awarded vendor. The vendor  the ESC Region 8 and TIPS. Does vendor agree? Yes  2CFR PART 200 Clean Air Act  Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $250,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control. Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires that the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein.  Protection Agency (EPA).  Does vendor agree? Yes  Page 14of27 pages  Vendor: LAKEC COUNTRY CHEVROLETINC  210907 Addendum2    2CFRI PART 200 Byrd Anti-Lobbying Amendment  Byrd Anti-Lobbying Amendment (31 U.S.C. 1352y-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above thati ity will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8and TIPS Members resulting from this procurement process the vendor certifies to the terms included or  Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.  referenced herein. Does vendor agree? Yes  2CFR PART 200 Federal Rule  Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).  $250,000)  Does vendor certify that it is in compliance with the Clean Air Act? 2CFR PART 200 Procurement of Recovered Materials  Yes  Ar non-Federal entity thati is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid' Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value oft the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement Does vendor certify that iti is in compliance with the Solid' Waste Disposal Act as described above?  materials practicable, consistent with  program for procurement of recovered materials identified in the EPA guidelines.  Yes  Page 15of27p pages  Vendor: LAKEC COUNTRY CHEVROLETINC  210907 Addendum2    2CFR PART 200 Rights to Inventions  If the Federal award meets the definition of' "funding agreement" under 37 CFR $401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of3 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable  Cooperative Agreements," and any implementing regulations issued by the awarding agency.  requirements as referenced in the Federal rule above.  Does vendor agree? Yes  2CFR PART 200 Domestic Preferences for Procurements  As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,  concrete, class, including optical fiber, and lumber.  cement, and other manufactured products).  Does vendor agree? Yes  2CFR PART 200 Ban on Foreign Telecommunications  Federal grant funds may not be used to purchase equipment, services, or systems that use "covered telecommunications" equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. "Covered elecommunications means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that Vendor will not purchase equipment, services, or systems that use "covered elecommunications, as defined by 2 CFR $200.216 equipment or services as a substantial or essential component of any system, or as critical  technology as part of any system. Does vendor agree? Yes  Page 16of27, pages  VemELAKECOUNTRYCHEVROLETINC  210907 Addendum2    Certification Regarding Lobbying  Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shali be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.  The undersigned certifies, to the best of his or her knowledge and belief, that:  (1)! No Federal appropriated funds have been paid or will be paid by or on behalf oft the undersigned, 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 the awarding of a Federal contract, the making of a Federal grant, the making ofa a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or (2) Ifa any funds other than Federal appropriated funds have been paid or will be paid to any person fori influencing ora attempting to influence an officer or employee of any agency, al Member of Congress, an officer or employee of congress, or an employee of al Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "disclosure Form to Report Lobbying," (3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall  cooperative agreement.  in accordance with its instructions. certify and disclose accordingly. IHAVE NOT Lobbied per above  Ify you answered "I HAVE lobbied" to the above Attribute Question  4  If you answered "I HAVE lobbied" to the above. Attribute question, you must download the Lobbying Report "Standard From LLL, disclosure Form to Report Lobbying" which includes instruction on completing the form, complete and submit it in the Response Attachments section as a report of the lobbying activities you performed or Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IFI NO, DOI NOT ANSWER THE NEXT ATTRIBUTE QUESTION.. IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement.  paid others to perform. 5 Area Firms.  NO  Page 17of27p pages  Vendor: LAKECOUNTRYCHEVROLETINC  210907 Addendum2    ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the TIPS Agreement, do you agree to comply with the following federal ONLY IF YEST TO THE PREVIOUS QUESTION OR ify you ever do subcontract any part of your performance under Federal Regulation 2 CFR $200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus areai firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (1) Placing qualified small and minority businesses and women's business enterprises on: solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum (4) Establishing delivery schedules, where the requirement permits, which ençourage participation by small and (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)  requirements? the TIPS Agreement,  do you agree to comply with the following federal requirements?  (b) Affirmative steps must include:  potential sources;  participation by small and minority businesses, and women's business enterprises;  minority businesses, and women's business enterprises;  and the Minority Business Development Agency of the Department of Commerce; : and  through (5) of this section. No response Indemnification from by law or as promise to pay for orn negligently created by or on creates a' "debt" in institutions to Texas."L Liquidated deleted or qualified you agree to these terms? Yes, IAgree (Yes)  The ESC Region 8 and TIPS is a Texas Political Subdivision and al local governmental entity; therefore, is prohibited indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a any expenses the indemnified party incurs, ifa specified event occurs, such as breaching the terms of the contract performing duties under the contract. Article III, Section 49 of the Texas Constitution states that' "no debt shall be behalf of the State. " The Attorney General has counseled that a contractually imposed obligation ofi indemnity the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or indemnify must be deleted or qualified with "to the extent permitted by the Constitution and Laws of the State of damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do  with "to the extent permitted by the Constitution and laws of State of Texas."  Page 18of27, pages  Vendor: LAKECOUNTRY CHEVROLETINC  210907 Addendum2    Remedies choice of law, venue arbitration resolution specifically waived ofeither party. Any upon mediator as a associated filing fee towriting, and Directors, and, if Do you agree to these terms? Yes, IAgree No response Choice of Law  The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the and service of process ciauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an ofany disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those under the terms of the Contract, may, after denial oft the Board of Directors, be subject to mediation at the request issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator's fee and any equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of  signed, shall thereafter be enforceable as provided by the laws of the State of Texas.  Remedies Explanation of No Answer  The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located  laws of the State of Texas, regardless of any conflict ofl laws principles.  outside Texas. Agreed  Do you agree to these terms?  Venue, Jurisdiction and Service of Process  Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall bel brought in a court of competent jurisdiction in Camp County, Texas and each oft the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience ofi forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas.  Do you agree to these terms?  Agreed  Page 19of27 pages  Vendor: LAKECOUNTRYCHEVROLETINC  210907 Addendum 2    Infringement(s)  The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible property rights attributed to or claims based on the Vendor's proposal or Vendor's performance of  contracts awarded and approved. Do you agree to these terms? Yes, IAgree 3 No response Contract Governance  Infringement(s) Explanation of No Answer  Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the  extent expressly waived by other applicable laws in clear and unambiguous language.  Yes, IAgree (Yes) Payment Terms:  Payment Terms and Funding Out Clause  TIPS or TIPS Members shall not be liable for interest or late payment fees on past-due balances at a rate higher  than permitted by the laws or regulations of thej jurisdiction oft the TIPS Member.  Funding Out Clause:  Vendor agrees to abide by the laws and regulations, including Texas Local Government Code S 271.903, or any statutory or regulatory limitations of thej jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and' TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.  See statute(s) for specifics or consult your legal counsel.  Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.  Do you agree to these terms? MY Yes, IAgree (Yes)  Page 20of27 pages  Vendor: LAKECOUNTRYCHEVROLETINC  210907 Addendum2    Insurance and Fingerprint Requirements Information  Insurance  Ifa applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an  automobile, you must carry automobile insurance as required by law. Your may be asked to  provide proof of insurance. Fingerprint  Iti is possible that a vendor may be subject to Chapter 22 oft the Texas Education Code. The Texas Education Code, Chapter: 22, Section 22.0834 & 22.08341. Statutory language may be found at: ntp/www.statutes.egis.state.kus  Ifthe vendor has staff that meet both of these criterion:  (1) will have continuing duties related to the contracted services; and  (2) has or will have direct contact with students  Then you have 'covered" employees for purposes of completing the attached form.  TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questions on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACTat NCJU@tdpssialelkus and you should send an email identifying you as a contractor to a Texas Independent  School District or ESC Region 8 and TIPS. Texas DPS phone number is (512)424-2474. Texas Education Code Chapter 22 Contractor Certification for Contractor Employees  See form in the next attribute to complete entitled:  Page 21 of2 27 pages  Vendor: LAKECOUNTRYCHEVROLETINC  210907 Addendum2    Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the (a) at felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law  at a school district.  time of the offense, the victim was under 18 or enrolled in a public school:  or the laws of another state. Icertify that:  NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined above. Ifthis box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.  OR  SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box (1) Contractor has obtained all required criminal history record information regarding its covered employees. None (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees sO that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.  is checked, Ifurther certify that:  oft the covered employees has a disqualifying criminal history.  3 business days.  District. None  Page 220 of27p pages  Vendor: LAKECOUNTRYCHEVROLETINC  210907 Addendum2    Texas Business and Commerce Code S 272 Requirements as of 9-1-2017  SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of another state, to be required to litigate the contract in another state, or to require arbitration in another state. A contract with such provisions is voidable. Under this new statute, a' "construction contract" includes contracts, subcontracts, or agreements with (among others) architects, engineers, contractors, construction managers, equipment lessors, or materials suppliers. "Construction contracts" are for the design, construction, alteration, renovation, remodeling, or repair of any building or improvement to real property, or for furnishing materials or equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDINGTO THIS SOLICITATION, AND' WHEN APPLICABLE, THE PROPOSER. AGREES TO COMPLYWITH THE TEXAS BUSINESS AND COMMERCE CODE S 272) WHEN EXECUTING CONTRACTS WITHTIPS MEMBERS THAT ARE TEXAS  GOVERNMENT ENTITIES.  Texas Government Code 2270 & 2271 Verification Form Texas Government Code 2270 & 2271 Verification Form  If(a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the' "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycot!" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economiç harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli- Our entity further certifies that iti is is not listed on and we do not do business with companies prohibited by Texas Government Code 2270 or that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at  controlled territory, but does noti include an action made for ordinary business purposes.  htps/comptroler.exas.gowpurcnasingdocs/oreggn-terronst.pdr Iswear and affirm that the above is true and correct.  YES  8 Logos and other company marks  Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the' "Logo and Other Company Marks" section under the "Response. Attachment" tab. Preferred Logo Format: 300 x2 225 px-.png..eps,  jpeg preferred  Potential uses of company logo: *Your' Vendor Profile Page of TIPS website  Potentially on TIPS website scroll bar for Top Performing' Vendors *TIPS Quarterly eNewsletter sent to TIPS Members  Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before  publishing) Page 230 of27, pages  VENAELAKECOUNIRY CHEVROLET INC  210907 Addendum: 2    Solicitation Deviation/Complance  Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation? Solicitation Exceptions/Devations Explanation conditions and information included or attached.  Yes  Ift the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed TIPS will consider any deviations in its proposal award decisions, and' TIPS reserves the right to accept or reject any Ini the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.  bid based upon any deviations indicated below or in any attachments or inclusions.  No response  Agreement Deviation/Complance  3 Yes  Does the vendor agree with the language in the Vendor Agreement?  8 Agreement Exceptions/Devations Explanation  Ift the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in itsp proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of  their full compliance with the Vendor Agreement.  No response 8 Felony Conviction Notice  Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states "a person or business entity that enters into a contract with a school district must give advance notice to the district if the person oran owner or operator of the business entity has been convicted of ai felony. The notice musti include a general description of the conduct resulting in the conviction of a felony." Subsection (b) states "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." (c) This section does not apply to a publicly held corporation. The person completing this proposal  certifies that they are authorized to provide the answer to this question.  Select A., B. orC.  A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR answer C below, you are required to provide information in the next attribute.  C. My firmi is owned or operated by the following individual(s) who has/have been convicted of a felony. (ify you  B. Firm not owned nor operated by felon; per above  Page 24 of27 pages  Vendor: LAKEC COUNTRY CHEVROLETI INC  210907 Addendum2    Ifyou answered C. My Firm is owned or operated by a felon to the previous question, you are Ify you answered C. My Firm is owned or operated by at felon to the previous question, you must provide the following  REQUIRED TO ANSWER THE FOLLOWING QUESTIONS.  information. 1.N Name of Felon(s)  2.1 The named person's role in the firm, and 3. Details of Conviction(s). No response  Required Confidentiality Claim Form Required Confidentiality Claim Form  This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from the "Attachments" section, complete according to the instructions on thet form, then upload the completed form, with any confidential attachments, if applicable, to the "Response Attachments" section titled Confidentiality Form" in order to provide to TIPS the completed form titled, CONFIDENTIALITY CLAIM FORM". THIS REQUIRED PROCESS IS THE ONLYWAY TOI DEEMI PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE REQUIRED FORM. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply to your proposal submission. Ify you do not provide the form with your proposal, an award will not be made ify your proposal is qualified for an award, until TIPS has an Read the form carefully before completing and if you have any questions, email Dids@tps-usa.com,  accurate, completed form from you.  Choice of Law clauses with TIPS Members  &  Ift the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.  Agreed  Venue of dispute resolution with a TIPS Member  Int the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by  the parties at the time the dispute resolution model is decided by the parties.  Agreed  Automatic renewal of contracts or agreements with TIPS or a TIPS member entity This clause, DOES NOT prohibit multiyear contracts or agreements with TIPS member entities.  Because TIPS and TIPS members are governmental entities subject to laws that control appropriations of funds during their fiscal years for contracts and agreements to provide goods and services, does the Vendor agree to limit any automatic renewal clauses of a contract or agreement executed as a result oft this TIPS solicitation award to not  longer than "month to month" and at the TIPS contracted rate.  Agreed  Page 250 of27, pages  Vendor: LAKECOUNTRY CHEVROLETINC  210907 Addendum 2    Indemnity Limitation with TIPS Members  Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others. TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents ORby prefacing all indemnity clauses required of TIPS or the TIPS Member entity with thei following: "To the extent permitted by the laws Agreement is a required condition to award of a contract resulting from this Solicitation.  ort the Constitution of the state where the customer resides, ".  Agreed Arbitration Clauses 2  Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through  an awarded contract with TIPS? Required Vendor Sales Reporting  Agreed  By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. Ift the TIPS Member entity requestinga price from the awarded Vendor requests the TIPS contract, Vendor must include the TIPS Contract number on any communications with the TIPS Member entity. Ifawarded, you will be provided access to the Vendor Portal. To report sales, login to the TIPS Vendor Portal and click on the PO's and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ's for more information about reporting sales and ify you have further questions, contact the Accounting Team at acounting@tpsusacom. The Vendor or vendor assigned dealers are responsible for keeping record ofall  sales that go through the TIPS Agreement and submitting same to TIPS.  Upload of Current W-9 Required  Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the If(a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov't Code Ch. 2274of SB13 (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, ifany, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term "company" shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term "boycott energy company" shall mean "without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described  your entity. This form will be utilized by TIPS to properly identify your entity.  September 1, 2021)  following required by Texas law as of September 1, 2021:  by paragraph (a)." See Tex. Gov't Code S 809.001(1).  Page 26of27 pages  Vendor: LAKECOUNTRY CHEVROLETINC  210907 Addendum2    CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the If(a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 thati is paid wholly or partly from public funds; (d) the contract is not excepted under Tex. Gov't Code S 2274.003 ofSB 19 (87th leg.) ); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov't Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate oft these entities or associations, that exists to make a profit, does not have aj practice, policy, guidance, or directive that discriminates against ai firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this contract, discriminate against at firearm entity or firearm trade association" shall mean, with respect to the entity or association, to: "(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as at firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as at firearm entity or firearm trade association. See Tex. Gov't Code S 2274.001(3) of SB 19. Discrimination against a firearm entity or firearm trade association" does not include: "(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company's refusal to engage. in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH Bys submitting a proposal to this Solicitation, you certify that you agree to the following required by Proposing Company is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to the company direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the Proposing Company for product warranty and support purposes. Company, certifies that neither it nor its parent company nor any affiliate of company or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens ofC China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3)! headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this contract, "critical infrastructure" means "a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility." See Tex. Gov't Code S 2274.0101(2) of SB 1226 (87th leg.). The company verifies and certifies that company will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.  (Texas law as of September 1, 2021)  following required by Texas law as of September 1, 2021:  firearm trade association." See Tex. Gov't Code S 2274.001(3) ofSB19. CRITICAL INFRASTRUCTURE (Texas law as of September 1, 2021)  Texas law as of September 1, 2021:  Page 27of27, pages  Vendor: LAKECOUNTRY CHEVROLETI INC  210907 Addendum: 2    References  TIPS RFP2 210907 AUTOMOBILES  LAKE COUNTRY CHEVROLET  DOI NOT HANDWRITE REFERENCES ANDI DOI NOT CONVERT EXCEL SHEETT TO ANY OTHER FORMAT. ALLI INFORMATION MUST BE TYPED AND FORM MUST BE UPLOADED Please provide three (3) references, preferably from school districts or other governmental entities who have usedy your services within thel last three years. Additional references may  INE EXCEL FORMAT. ber required.  DON NOT INCLUDE TIPSE EMPLOYEES ASA AB REFERENCE. Your may provide more than three (3) references. Entity Name TEXAS PARKSA ANDI WILDLIFE JOHN WYATT HARRIS COUNTY FORD MOTOR COMPANY  VALID TYPEDI EMAIL IS REQUIRED OMMW/ATTEIPWDTEMA5123894964 SYD.SEXIONOHARNS.COAIXGO2 CRAGFETIVPORD.COM  Contact Person SYDS SEXTON CRAIG FETTY  Phone 303.522.5753    210907  TIPSREP#  RequiredConfdentialInformation Status] Form  LAKE COUNTRY CHEVROLET SETH GAMBLIN, FLEET SALES 1211 US HIGHWAY 96 N Address  Name of company  Printed Name and Title of authorized company officer declaring below the confidential status ofmaterial  SILSBEE City  TX 77656 State ZIP  512.436.1313 Phone  ALLVENDORS MUST COMPLETE THE ABOVE SECTION  CONFIDENTIAL NFORMATIONSUBMITTED INI RESPONSETOCOMPETTIVEPROCUREMENTREQUESTS: OF EDUCATION SERVICE CENTER REGION8ANDTIPS: (ESC8) IS GOVERNEDI BYTEXASGOVERMMENT CODE, CHAPTER: 552 Ifyou considera any portion ofyour proposal tob be confidential information: and: not subject to public disclosure pursuant to Chapter 552Texas Gov't Code or other law(s), you must attach a copy of all claimed confidential materials within your proposal and put this COMPLETED form as a cover sheet to said materials then scan, name CONFIDENTIAL and upload with your proposal submission. (You must include. all the confidential information in the submitted proposal. The copy uploaded is to indicate which material iny your proposal, ifany,you deem confidential int the event the receivesal Public Information Request)ESCBamdTIPSA will follow procedures of controlling: statute(s) regarding any claim of confidentiality and shall not be liable for any release ofi information required by law. Upon your claim and your defense to the Office of Texas Attorney General is required to make the final determination whether the information  submitted by you and held by ESC8 and" TIPSi is confidential and exempt fromj public disclosure.  ALL VENDORS MUST COMPLETE ONE OF THE TWO OPTIONSBELOW.  OPTIONI:  IDOCLAIM parts of my proposal to be confidential and DONOTdesire to expressly waive a claim of confidentiality of all information contained within our response to the solicitation. The attached contains material from our proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 or other law(s) and li invoke my statutory IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS PROPOSAL THAT WE DEEM TOI BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMATION REQUESTIS  rights to confidential treatment oft the enclosed materials.  FORM AND! LIST THE NUMBER OT1 TOTAL PAGES THATARECONFDENTAL  ATTACHED ARE COPIES OFO MADE FOR OUR PROPOSAL.  PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR  Signature  Date.  OR  OPTION2:  IDONOTCLAIM any of my proposal to be confidential, complete the section below. Express Waiver: I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS.  10/18/21 Date  Signature_ SCAGAMBLMN  Confidentiality Claim Form rev 10012020RP    spe  AGENDA REQUEST  X ORDINANCE  RESOLUTION  2T NO: 2024-  CAPTION: An Ordinance authorizing the application for the FY24 Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for the  federally allocated amount of $63,148.00.  RECOMMENDATIONS & JUSTIFICATION: This grant is to fund a continuation of the Pasadena Police Department Tactical Patrol Program which has been additional police activities to enhance public safety, reduce crime, and for crime prevention. There, is no required funding match for this grant  funded by this grant since 2005.  Said' grant will fund overtime for  program.  KIF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATION: X See attached Certification Aawapt EBE Jerry Wright, Chief of Police REQUESTING PARTY(TYPED) DATE: 10:9:24 / BUDGET DEPARTMENT Smz  92  COUNCIL ACTION  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED: Ala    SECOND  SECOND  DATE DEFERRED:  DATE  OEAury  MAYOR    ORDINANCE NO. 2024-  An Ordinance authorizing and approving the application for the FY24 Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for the federally funded amount of $63,148.00.  WHEREAS, this grant from the U.S. Department of Justice,  Office of Justice Programs, Bureau of Justice Assistance, in the amount of $63,148.00 is to fund a continuation of the Pasadena Police Department Tactical Patrol Program for overtime for additional police activities to enhance public safety, reduce  crime, and for crime prevention; and  WHEREAS, the progran or activity to be funded by this  grant is not subject to any prohibitions or restrictions by the City, the Police Department or any official of the City, that deal with sending to, requesting or receiving from, maintaining, or exchanging, information of the types described in 8 U.S.C. $1373(a)  or (b); and  WHEREAS, there is no required funding match for this  grant program; and  WHEREAS, the program or activity to be funded by this  grant is a continuation of the Pasadena Police Department Tactical  Patrol Program; and  WHEREAS, the City, the Police Department or any official  of the City affirm with respect to the program being funded by the above referenced Edward Byrne Memorial Justice Assistance Grant not  GrantAppPp.DeptJvs-Byrnehem24    to violate, or to aid or abet any violation of 8 U.S.C. $1324(a) and not to impede the exercise by federal officers of authority under 8 U.S.C. $1357(a) or relating to 8 U.S.C. $1366(1) and (3) or  80 U.S.C. $1226(a) and (c); and  WHEREAS, neither the City of Pasadena nor any entity,  agency or official of the City of Pasadena has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any restriction that would apply to the program or activity to be funded under the Fiscal Year Office of Justice Programs Program and that deals with either (1) the City of Pasadena or one of its officials sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. $$1373(a) and 1644; or (2) the City of Pasadena or Pasadena Police Department sending to, requesting or receiving from, maintaining, or exchanging information of the types described in 8 0.S.C. $1373(b); and  WHEREAS, by this ordinance the grant application is made  public and an opportunity to comment on the application is provided to citizens and to neighborhood. community based organizations in accordance with law and established proceduresi; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the application for the FY24 Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, is hereby authorized and approved, and the Mayor authorized to execute  GrantAPpPD.DeptJus-Byrnetiem24    documents as necessary to effectuate such grant, attached hereto as  Exhibit "A" and incorporated herein for all purposes.  SECTION 2. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  GrantAppPp.DeptJus-ByrneMem24    PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the  day of APPROVED this the  A.D., 2024.  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall  this the  day of  A. D., 2024. A.D., 2024.  APPROVED this the  day of  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  GrantAppPp.Deptous-ByrneMem24    City of Pasadena, TX Grant Request Form  EST.  1893  EXHIBIT"A"    Purpose of Form:  Grant revenues are an important part of the City's overall resource picture, especially in funding capital improvements. Actively seeking out grant revenues that assist in achieving identified City goals and objectives The purpose oft this form is to assist ine ensuring that each grant application submitted by or on behalf oft the City is aligned with an established City priority, meets the City's expectations of document quality, has matching funds available if required by grantor, and that the means for continuation of the project or program after the  play a key role in the City's overall financial health strategies.  grant period ends has been given realistic consideration.  Directions for completing form:  The Grant Form and all supporting documents (grant information, Agenda Resolution, etc.)s should be completed and routed to Budget Attn: Compliance Officer TWO WEEKS PRIOR to the City Secretary's Agenda Deadline to allow for proper review and routing for placement on the City Council Agenda. Documents not submitted in a timely fashion will not be placed on the City's Agenda for approval by City Council. Please be mindful of the  Grantor's Application Deadline requirements.  Definitions:  Federal, State and Local Governmental Grants all have a specific purpose and are subject to Single Audit and Memorandum of Understanding (MOU) are where Joint Law Enforcement Operations are reimbursed for overtime by at federal department after the city carries out a public purpose described in the MOU. Even though these funds come from the federal government and are considered a reimbursement of operational expenditures, they are not ag grant. These funds are not subject to Single Audit and are posted in a general fund Funds from a Non-Profit and Other Agencies are considered donations and/or gifts and are not part of this policy and are not subject to Single Audit and follow the City's standard Donation Procedures. Private indicates a grant is being provided by a non-federal or non Not-for-Profit agency.  are reported Int the Grant Management Funds.  revenue account.  Anticipated Costs: this is the estimated amount that is required to complete the project for which the grant is being applied. Should the grant not cover the cost of the project, the department must determine if available  funds are available from the City to cover the expense.  Should youl have any questions concerning the type of grant you are applying for, please contact Michelle' Wilson,  Compliance Officer, at 713-475-7290 or email mwisonepssoenatsyos  PLEASE SAVE A COPY OF1 THIS DOCUMENT AS CHANGES WILL NOT BE AUTOMATIÇALLY SAVED.    RICHIVED) OCT15-2024  City of Pasadena Grant Request Form  BY:  Requesting Department: Pasadena Police Department Date:09/19/24  Contact Name: Paul Sinitiere Contact E-mail: antere@pasacenak.gox  Contact Phone:  713-475-5539  Grantor/Funding Agency:US Department of Justice  Grant Amount: $63,148  Federal: MOU:  State: Pass-Through:  Private Agency:  Type of Grant (select):  Application submission deadline: 10/22/2024  Duration of Grant: Anticipated Costs: Match Requirements: IfMatching required, are funds available? Reporting Requirements: Other departments impacted by use Ves: of Grant CFDA#16.738  None Ves: Ves: Ves:  No: No: No: No:  Amount/Percentage: Fund #: Type of Reporting: Specify Departments:  Financial:  Compliance:  Purpose/lustifitcation of Grant (need/benent; alignment with City Strategic Plan; etc):  This grant is to fund a continuation of the Pasadena Police Department Tactical Patrol Program, which will fund overtime for additional police activities to enhance public safety, reduce crime, and  for crime prevention.  Impact to Fiscal Year Budget: Additional Employees Required: Total anticipated Salary Expense: Total Anticipated Benefit Expense: Contractual Services Required: Materials/supplies anticipated cost: Requestor Signature Budget Director: Controller:  Yes: Yes:  No: No:  #Required: Anticipated cost:  Date:  Approvals:  - pak Z HET  Date: 10/22/24 Date: 10-22-24 Date: 10-22-24  Compliance Officer: EeL t  PLEASE SAVE AC COPY OF THIS DOCUMENT AS CHANGES WILLI NOT BE AUTOMATIÇALLY SAVED.    City of Pasadena Grant Benefits and Cost Analysis  Fund Source: Grant Title:  US Department ofJ Justice  FY24 Edward Byrne Memorial Justice Assistance Grant Program (JAG)  Grant Application Due Date by Grantor: 10/22/2024  Please answer each of the following questions to support the Grant Benefit and Cost Analysis.  1. What is the purpose of the grant and describe its consistency with thei identified City goals and objectives: This grant is to fund a continuation of the Pasadena Police Department Tactical Patrol Program, which will fund overtime for additional police activities to enhance public safety, 2. Describe any additional staffing, office space, facilities, supplies, or equipment that will be required ift the  reduce crime, and for crime prevention.  grant is awarded: None  3. Will there be any ongoing impacts of the grant program after is completed?:  None  4. List the responsibilities of other departments (ifa any) andi impacts on them in preparing the grant application  orp performing the scope of work ift the grant is awarded: Controller's Office for reimbursements  5. Total program costs, including portion funded through grant revenues and any required City Contribution:  $63,148-no city contribution  6. Source of funding for any required City Share:  None  7. Compliance and audit requirements, paying special attention to the grantorsadministrative procedures  (reporting requirements, wage requirements, time and effort reporting, etc.): Planning & Research officer and controller's office  PLEASE SAVE A COPY OF1 THIS DOCUMENT AS CHANGES WILL NOT BE AUTOMATICALLY SAVED.    What's Next After Grant Application has been approved by the Grantor/Granting Agency:  Award Notification and Acceptance Procedure  1. All departments that receive a grant award shall date stamp, duplicate, and forward a copy of the award notification, the grant agreement or contract, and any memoranda of understanding to Compliance Officer within 2 days of receipt. 2. Awards granted to the City must be formally authorized by City Council.  a) The Project Manager shall prepare the Agenda request (ordinance) for City Council authorization for the Mayor to execute the Grant Agreement and related documents. Please note: The Controller's office and the Budget Department signatures are required on the ordinance prior to turning in to the City Secretary b) The Department Director or Project Manager must ensure that the grant agreement or contract and all other necessary documents (.e. Certification of funds if c) After the agenda request has been approved by City Council, all signatures from both the City and the Grantor must be obtained. The department must then provide an original of the fully executed (signed) grant agreement to the City Secretary and a copy to the Compliance Officer when the fully executed grant agreement is returned  for placement on the agenda for Council approval.  necessary) is attached to the Agenda request.  to the City by the grantor.  3. For a MOU, prepare a council agenda request (resolution) to accept reimbursement  funds.  PLEASE SAVE. A COPY OF THIS DOCUMENT AS CHANGES WILL NOT BE AUTOMATICALLY SAVED.    OMB No. 1121-0329 Approval Expires 2/28/2027  U.S. Department of Justice Office of. Justice Programs Bureau of Justice Assistance Program--Local Solicitation Assistance Listing Number 16.738 Grants.gov Opportunity Number: 0-BJA-2024-172239 Solicitation Release Date: September 4, 2024  Solicitation Title: BJA FY24 Edward Byrne Memorial Justice Assistance Grant (JAG)  Step 1: Application Grants.gov Deadline: 8:59 p.m. Eastern Time on October 16, 2024 Step 2: Application JustGrants Deadline: 8:59 p.m. Eastern Time on October 22, 2024  Contents Synopsis.  Program Description Overview. Funding Category Eligibility. Agency Contact Information Application Submission Information. Registration Submission. Program Description. Program Description Overview. Statutory Authority Specific Information  6 6 6 13 13 17 17 17 17 17 18 19  Limitations on the Use of JAG funds. Other Program Requirements Solicitation Goals and Objectives  Goals. Objectives Federal Award Information Awards, Amounts and Durations. Availability of Funds Type of Award.    Cost Sharing or Matching Requirement,  19 19 20 20 20 20 20 21 21 22 22 23 28 28 29 29 29 29 29 29 30 30 30 31 31 31 31 31 32 32 32 33 34 35  Eligibility Information. How To Apply. Application Resources. How To Apply Registration Submission. Submission Dates and Time. (Technical Waivers)  Experiencing Unforeseen Technical Issues Preventing Submission of an Application  Application and Submission Information. Content of the SF-424 in Grants.gov Content oft the JustGrants Application Submission Application Review Information Review Process Federal Award Administration Information. Federal Award Notices. Evidence-Based Programs or Practices  Information Regarding Potential Evaluation of Programs and Activities Administrative, National Policy, and Other Legal Requirements. Financial Management and System of Internal Controls Information Technology Security Clauses. Federal Awarding Agency Contaçt(s).  Civil Rights Compliance.  General Information About Post-Federal Award Reporting Requirements  Other information.  Freedom of Information and Privacy Act (5 U.S.C. SS 552 and 552a)  Provide Feedback to OJP Performance Measures Application Checklist. Pre-Application. Application Step 1. Application Step 2.  Review, Certify, and Submit Application in. JustGrants  Standard Solicitation Resources.  Page 2  0-BJA-2024-172239    Page 3  0-BJA-2024-172239    Synopsis  Program Description Overview  The U.S. Department ofJustice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) seeks applications for formula funding to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice or civil proceedings to states to support a range of program areas under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program--Local Solicitation. With this solicitation, the Bureau of. Justice Assistance (BJA) seeks to award Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds to eligible units of local government. For more information on the JAG Program, please refer to the, JAG Fact Sheet and/or JAG OJP is committed to advancing work that promotes civil rights and equity, increases access to justice, supports crime victims and individuals impacted by the justice system, strengthens community safety, protects the public from crime and evolving threats, and builds trust between This program furthers the DOJ's mission to uphold the rule of law, to keep our country safe, and Competition Competition Title (Category Name) Expected Dollar Amount for Performance Performance  (BJA will issue a separate solicitation for applications from states.)  Frequently Asked Questions (FAQs).  law enforcement and the community. to protect civil rights. Funding Category ID 00091- PROD C-BJA- PROD Eligibility  Number of Award Awards  Start Date Duration 10/1/2023 24 10/1/2023 48  (Months)  C-BJA-2024- Category 1--Applicants with eligible 587 2024-00092- allocation amounts of $25,000 orr more  $9,041,009 $75,880,039  allocation amounts ofless than $25,000 Category: 2--Applicants with eligible 553  Special district governments City or township governments County governments  Native American tribal governments (Federally recognized)  By law, for purposes of the JAG Program, the term "units of local government" includes a town, township, village, parish, city, county, borough, or other general-purpose political subdivision of astate, or it may be at federally recognized. American Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish al budget and impose taxes; fore example, in Louisiana, a unit of local government means a district attorney or parish sheriff.  Page 4  0-BJA-2024-172239    The eligible allocations by state for the fiscal year (FY): 2024 JAG Program can bei found at: Eligible allocations under the JAG Program are posted annually on the JAG web page. See the Allocation Determination and Units of Local Government Requirements Regarding Use of JAG Funds section for more information. Applicants with eligible allocation amounts of less than $25,000 will apply to Category 1, and applicants with eligible allocation amounts of  tps/Daop.goviprogram/agovervew  $25,000 or more will apply to Category 2. Agency Contact Information  For assistance with the requirements of this solicitation, contact the OJP Response Center by phone at 800-851-3420, 301-240-6310 (TTY for hearing-impaired callers only), or email grants@ncirs.goy. The OJP Response Center operates from 10:00 a.m. to 6:00 p.m. ET Monday-Friday and from 10:00 a.m. to 8:00 p.m. ET on the solicitation close date. For procedures related to unforeseen technical issues beyond the control oft the applicant that impact submission by the deadlines, see the "How To Apply" section, Experiencing Unforeseen For assistance with submitting the Application for Federal Assistance standard form (SF-424) and a Disclosure of Lobbying Activities (SF-LLL)in Grants.gov, contact the Grants.gov Customer Support Hotline at 800-518-4726, 606-545-5035, Grants.gov Customer Support, or support@grants.sov. The Grants. gov Support Hotline is open 24 hours a day, 7 days a week, For technical assistance with submitting the full application in JustGrants, contact the JustGrants Service Desk at 833-872-5175 or AasdmsSadusioe. The JustGrants Service Desk operates from 7:00 a.m. to 9:00 p.m. ETI Monday-Friday and from 9:00 a.m. to  Technical Issues.  except oni federal holidays.  5:00 p.m. ET on Saturday, Sunday, and federal holidays. Application Submission Information  Registration Management (SAM.gov). Submission  Before submitting an application, an applicant must have a registration ini the System for Award Applications must be submitted to DOJ electronically through at two-step process that begins in Grants.gov and is completed in. JustGrants. See the Submission Dates and Time section for the https: Iigrants. gov/register and submit by the Grants.gov deadline the required Application for Federal Assistance standard form (SF-424) and a Disclosure of Lobbying Activities (SF-LLL). Step 2: The applicant must submit thet full application, including attachments, in JustGrants at usiGrantsusdoigovy by the. JustGrants application deadline. See the Submission Dates and  Grants.gov and JustGrants application deadlines.  Step 1: The applicant must register for this opportunity in Grants. gov at See the Submission Dates and Time section for application deadlines.  Time section for application deadlines.  Page 5  0-BJA-2024-172239    Program Description Program Description Overview  The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) seeks applications for formula funding to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice or civil proceedings to states to support a range of program areas under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program--Local Solicitation. This program furthers the DOJ's mission to uphold the rule of law, to keep our country safe, and With this solicitation, the Bureau of. Justice Assistance (BJA) seeks to award Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds to eligible units of local government. For more information on the JAG Program, please refer to the JAG Fact Sheet and/or JAG OJP is committed to advancing work that promotes civil rights and equity, increases access to justice, supports crime victims and individuals impacted by the justice system, strengthens community safety, protects the public from crime and evolving threats, and builds trust between The JAG Program is authorized by Title lof Public Law 90-351 (generally codified at 34U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28  to protect civil rights.  (BJA will issue a separate solicitation for applications from states.)  Frequently Asked Questions (FAQs).  law enforcement and the community. Statutory Authority U.S.C. 530C(a). Specific Information Statutory Formula  JAG awards are based on a statutory formula that is fully described within the, JAG Technical Report. Once each fiscal year's overall JAG Program funding level is determined, BJA works with the Bureau of Justice Statistics to begin a four-step grant award calculation process, which  generally consists of thet following:  1. Computing an initial JAG allocation for each state, based on its share of violent crime 2. Reviewing the initial JAG allocation amount to determine whether the state allocation is less than the minimum award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG funds. Each of the remaining states receives the minimum award plus an additional amount based on 3. Dividing each state's final award amount (except for the territories and the District of Columbia) between the state and its units of local governments at rates of 60 and 40 4. Determining award allocations for the units of local government, which are based on their proportion of the state's 3-year violent crime average. If the "eligible award amount" for a particular unit of local government, as determined on this basis, is  and population (weighted equally).  its share of violent crime and population.  percent, respectively.  Page 6  0-BJA-2024-172239    $10,000 or more, then the unit of local government is eligible to apply directly to OJP (under the JAG Local Solicitation) for a JAG award. If the "eligible award amount" for a particular unit of local government, as determined on this basis, is less than $10,000, thei funds are not made available for a direct award to that particular unit of local government but instead are added to the amount that is awarded to the state.  Allocation Determination and Units of Local Government Requirements Regarding  Use of. JAG Funds  Eligible allocations under JAG are posted annually on the JAG web page. According toi the JAG Program statute, a' "disparity" may exist between the funding eligibility ofa a county and its associated municipalities. See 34 USC.S10156/d14). Units of local government identified by BJA as disparate must select at fiscal agent that will submit an application for the allocation that includes all disparate municipalities. A memorandum of understanding (MOU) that identifies which jurisdiction will serve as the applicant or fiscal agent for joint funds must be completed and signed by each participating jurisdiction's authorized representative. Once an award is made, the fiscal agent will be responsible for distributing award funds to the other jurisdictions ini the disparate group through subawards that include all appropriate award conditions. To verify eligibility, an applicant should visit the JAG web page, click on their respective state, and note the following regarding the state's allocation table: 1. Disparate units of local government are listed in shaded groups, in alphabetic order by county. Units of local government identified as disparate must select one unit ofl local government to submit an application on behalf of the disparate group. 2. Counties that have an asterisk (*) under the "Direct Allocation" column did not submit the level of violent crime data to qualify for a direct award from BJAI but are in the disparate grouping indicated by the shaded area. The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and be a signatory on the 3. Direct allocations are listed alphabetically below the shaded disparate groupings. Please note that disparate jurisdictions do not need to abide by the listed individual allocations, which are provided for information only. Jurisdictions in a funding disparity are responsible for determining individual amounts within the Eligible Joint Allocation and documenting individual allocations in the MOU. See the JAG FAQs for more  required MOU.  information. A sample MOU is also available.  Statutory Program Areas  Ing general, JAG funds awarded to a unit of local government under the FY 2024 program may be used to hire additional personnel and/or purchase equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice or civil proceedings,  including for any one or more of the following program areas:  1. Law enforcement programs. 2. Prosecution and court programs. 3. Prevention and education programs. 4. Corrections and community corrections programs. 5. Drug treatment and enforcement programs. 6.F Planning, evaluation, and technology improvement programs.  Page 7  0-BJA-2024-172239    7. Crime victim and witness programs (other than compensation). 8. Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. 9. Implementation of state crisis intervention court proceedings and related programs or initiatives, including but not limited to mental health courts, drug courts, veterans courts, and extreme risk protection order programs. Inc connection with all of the above purposes, it should be noted that the JAG statute, at 34 U.S.C. $10152, defines "criminal justice" as' "activities pertaining to crime prevention, control, orreduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime ort to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and BJA recognizes that many state and local justice systems currently face challenging fiscal environments, and an important, cost-effective way to relieve those pressures is to share or leverage resources through cooperation among federal, state, and local criminal justice agencies and community-Dased public safety partners. Key areas of priority for BJA include: Prevention and Prosecution of Hate Crimes, Election Security, Enhancing Justice System Reform Strategies, Advancing Equity and Support for Underserved Communities, and' Violent BJA encourages recipients of FY 2024 JAG funds to coordinate with federal criminal justice agencies and other stakeholders, including communities most impacted by crime and violence, ina addressing these challenges. Additional details on the BJA areas of emphasis can be found Hate crimes (sometimes called bias-motivated crimes) are criminal offenses motivated by some form of bias toward victims based on their perceived or actual race, color, ethnicity, religion, national origin, sexual orientation, gender, gender identity, or disability. Hate crimes have a devastating effect beyond the harm inflicted on any one victim. They reverberate through families, communities, and the entire nation as others fear that they too may be threatened, attacked, or forced from their homes because of what they look like, who they are, where they worship, whom they love, or whether they have a disability. As with most other crimes, hate crimes int the United States are primarily investigated under state law and prosecuted by local, state, and tribal authorities. However, reluctance from victims and witnesses to contact law enforcement about hate crime incidents may arise from perceptions of bias, distrust of law enforcement or the criminal justice system, or barriers such as language and concerns about immigration status. Hate crimes are chronically underreported to and under-identified by law enforcement. Tools such as the U.S. Bureau of Justice Statistics' National Crime Victimization Survey (NCVS) and the Federal Bureau of Investigation's (FBI's). Uniform Crime Reporting (UCR) program and FBI's Crime Data Explorer (CDE) shed some light on trends among those hate crimes reported to law enforcement or through NCVS. Although hate crimes are often  juvenile delinquency." BJA Areas of Emphasis  Crime Reduction.  below.  Prevention and Prosecution of Hate Crimes  Page 8  0-BJA-2024-172239    underreported, in recent years, there have been alarming spikes in hate crimes and threats of violence across the country, often fueled by online hate forums. In 2022, the most recently published data, hate crimes were at their highest recorded levels as reported to the FBI UCR program. In addition to those incidents reported through the UCR program, in 2023, jurisdictions from across the country reported increases in threats and attacks motivated by antisemitism or Islamophobia, target certain educational institutions such as Historically Black Colleges and Universities, or target individuals on the basis of their gender identity or sexual orientation. During a November 2023 United Against Hate Virtual Forum, Attorney General Merrick Garland addressed the recent spike in hate crimes, and reemphasized that, Combating hate-fueled violence remains central tot the Justice Department's mission." A critical part of that mission is equipping state, local, and tribal justice agencies with the tools and resources to address hate crimes. Research from the National Institute of Justice (NIJ) indicates that despite the known underreporting of hate crimes, many state and local law enforcement agencies do not have adequate tools toi identify, investigate, and respond to hate crimes, and only 23 percent of law enforcement agencies that responded to the survey reported any hate crime investigations in BJA encourages JAG recipients to utilize funding to promote change and accountability by supporting state, local, and tribal efforts to prevent hate crimes, build trust with communities to encourage reporting of hate-related criminal offenses and incidents, and promote efforts to fully investigate and prosecute hate crimes when they do occur. This includes ensuring those agencies that have not yet transitioned to the National Incident Based Reporting System (NIBRS) doing sO expeditiously to ensure that national hate crime statistics are as accurate as possible. More information on BJA's portfolio addressing hate crimes, including the Emmett Till Cold Case Investigations and Matthew Shepard and James Byrd, Jr. Hate Crimes Programs, In2 2021, the Department launched al law enforcement task force to address the rise in threats against election workers, administrators, officials, and others associated with the electoral process. For more information regarding the Department's efforts to combat threats against election workers, read the Deputy Attorney General's memo. The task force, announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in. June 2021, has led DOJ's efforts to address threats of violence against election workers, and to ensure that all election workers--whether elected, appointed, or volunteer--are able to do their jobs free from threats andi intimidation. The task force engages with election-related stakeholders and state and local law enforcement to assess allegations and reports of threats against election workers, and it has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys' Offices throughout the On January 9. 2024, the Department provided updated information pertaining to its efforts to "ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation, or criminal activity in the election process, and to ensure that our elections are secure and free from foreign malign influence and interference." The broad criminal justice purposes supported by the JAG Program permit JAG funds to be used to deter, detect, and protect against threats of violence against election workers,  2018.  can bet found Hate Crime I Bureau of Justice Assistance.  Election Security  country.  Page 9  0-BJA-2024-172239    administrators, officials, and others associated with the electoral process. BJA encourages state and local JAG applicants to utilize JAG funding to prevent and respond to violent threats oft this The justice system serves an important role in protecting communities and seeking justice for victims. For the justice system to serve that role effectively, it must be fair, open, and equitable; utilize evidence-based approaches; and promote restorative practices and rehabilitation. For far too long, however, the justice system has not lived up to its promise. Racial disparities and other inequities, as well as overly harsh sentences, have driven up incarceration rates, which can create mistrust in the justice system and divert resources away from other urgent community needs. To build strong, safe, and healthy communities, iti is critical to address the underlying, entrenched issues ofi inequity and disparity in the criminal justice system sO that all persons receive equal treatment under the law. Jurisdictions should carefully review the ways in which the structures and incentives within their own systems are driving correctional populations and racial disparities and realign operations and target resources toward community solutions. On May 25, 2023, the Department released a series of 10 new reports and guidance documents as part of its ongoing efforts to implement Executive Order 14704 on Advancing Effective, Accountable Policing and CriminalJustice Practices to Enhance Public Trust and Public Safety. The announcement included commitments to update guidance prohibiting racial profiling by federal law enforcement agencies; develop methods to promote accreditation standards to encourage adoption of policies in the Executive Order by state, tribal, local, and territorial (STLT) law enforcement agencies; release a report on the Department's efforts to implement the First Step Act; and issue guidance on offiçer wellness, investigating in-custody deaths, and The Office of Justice Programs is committed to advancing bold, effective justice reform solutions that deliver safety, equity, and justice for all. Justice system reform includes, but is not limited to, awide range ofi investments in community safety and justice such as accountability of law enforcement to build and enhance community trust, alternatives to incarceration, ensuring the right to continuous and effective defense counsel, community supervision reforms, support for mental health and substance use treatment services, supporting community-driven programs and partnerships, and improving pretrial processes. Efforts to continue to address the backlog of court cases that grew dramatically during the pandemic would fall in this category. BJA also encourages state court leaders to access no-cost training and technical assistance (TTA) to support strategic planning, assessment of needs and strategies and new approaches to address rights protected under the sixth amendment to the U.S. Constitution, such as speedy trial, fair and impartial juries, the right to call and cross-examine witnesses, and the right to counsel. Visit Finally, BJA has launched a Justice Reinvestment Initiative (JRI) website which provides detailed information, including state snapshots, on how state leaders can work with experts to conduct agency-spanning data analysis; develop and implement data-driven, tailored solutions to address complicated criminal justice challenges; and maximize resources to achieve stronger and safer communities. BJA encourages JAG recipients to utilize funding for projects that  kind.  Enhancing Justice System Reform Strategies  responses to individuals in crisis, among others.  tps/www.strengthengthenthesxtn.org, for more information.  promote all aspects ofj justice system reform.  Page 10  0-BJA-2024-172239    Advancing Equity and Support for Underserved Communities  Consistent with the Presidential Memorandum on Restoring the Department of Justice's Access-to-Justice Function and Reinvigorating the White House Legal Aid Interagency Roundtable and Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the federal government, the Department is committed to ensuring equal access toj justice and identifying and reducing disparities that exist throughout the criminal and civil legal systems, as well as removing barriers to ensure equal opportunity for communities that have been historically underserved, marginalized, and adversely affected by inequality. This commitment is evidenced by the April 14, 2022, Equity Action Plan designed to increase equity, opportunity, and resources for the most vulnerable communities. BJA encourages JAG recipients to use funds to support efforts at the state, territory, local, and tribal levels to institute more effective and equitable criminal justice policies and practices, foster public trust, and enhance public safety and security by increasing engagement with community members and building partnerships with community organizations to develop a shared vision and approach to addressing crime. This includes support for strategies to ensure the protection of defendants' and incarcerated individuals' constitutional rights and safety, as well as efforts to address wrongful convictions and conviction integrity. This also includes supporting technological or personnel upgrades to provide more equitable access toj justice, including language access resources, resources to better serve those with disabilities, rural communities, and indigent defense representation. Finally, this can include efforts to build partnerships between the criminal justice system and nonprofits to provide support for collaborative, community-driven and informed efforts, such as community-based diversion programs outside of the criminal justice system, increasing access to resources to support the right to counsel, and developing community-driven. andi informed prevention programs or responses to violent crime. In May 2021, the Department launched a comprehensive violent crime reduction strategy to protect American communities from violent crimes, including gun violence. On December 11, 2023, Attorney General Merrick B. Garland announced the release of the Justice Department's Violent Crime Reduction Roadmap, a one-stop shop of federal resources to assist local jurisdictions in developing, implementing, and evaluating strategies to prevent, intervene in, and respond to violent crime. The Roadmap helps connect jurisdictions with the information and resources they need to meet the complex and evolving challenges to help reduce violent crime. Additionally, on April 3, 2024, Attorney General Garland delivered remarks at a convening of grantees under OJP's Community Based Violence Intervention and Prevention Initiative. He emphasized that the Department's approach to disrupting violent crime is' "centered on our partnerships--both with the communities harmed by violent crime and with the law enforcement agencies that protect those communities. Our department-wide anti-violent crime strategy leverages the resources of our federal prosecutors, agents, investigators, grant programs, and criminal justice experts toward those ends. We are working closely with local and state law enforcement agencies, with officials across government, and with the communities most affected by this violence, and with the community organizations on the front lines-all toward BJA encourages JAG grantees to invest funds toi tailor programs and responses to state and local crime issues through the use of data and analytics; coordinate with United States Attorneys Project Safe Neighborhoods grantees and community violence intervention strategies  Violent Crime Reduction  one goal: the goal of making our communities safer."  Page 11  0-BJA-2024-172239    in order tol leverage funding for crime and violence reduction projects and coordinate their law enforcement activities with those ofi federal law enforcement agencies such as the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the United States Marshals Service, and the Department of Homeland Security; and form partnerships with federal, state, and local law enforcement and prosecutors to identify persons who use guns to commit a crime and who purchase or sell guns illegally. This includes ensuring that persons prohibited from purchasing firearms (see e.g.,18 U.S.C. $922(g)) are prevented from doing sO by ensuring complete, accurate, and timely access to the FBI's National Instant Criminal Background Check System (NICS) and the timely submission of all necessary records into the FBI databases, which will help prevent illegal transfers of firearms to those who are prohibited from owning firearms under current law. BJA also encourages JAG grantees to invest ini implementing programs that provide training, assistance, and resources to law enforcement agencies to mitigate the current crisis in law enforcement recruitment and retention; enhance community policing approaches; bolster the security of at-risk places of worship such as synagogues, churches, and mosques; provide security for election workers; enforce commonsense gun laws; and upgrade systems and/or purchase technology that support agency strategies to reduce violent crime and enhance their capacity to better address crime.  Additional Uses of. JAG Funds  JAG funds awarded under this solicitation may also be used to:  Support reentry projects with the goal ofi improving outcomes for incarcerated individuals Support public defense systems, including the hiring and retention of attorneys. Support projects related to preventing, detecting, seizing, and/or stopping the presence and use of contraband cellphones within correctional facilities. This includes the purchasing of managed access systems and other mitigation technologies (as permitted Purchase fentanyl and methamphetamine detection equipment, including handheld instruments and training for law enforcement safety, as well as opioid reversal agents. Purchase drug-detection canines to combat the rise of drug trafficking, including that of Support efforts to seal and expunge criminal history information in accordance with state Support efforts to attract and retain an inclusive, diverse, expert, and accountable law Purchase humane remote restraint devices that enable law enforcement to restrain an Support implementation of Rapid DNA at the booking station to include assisting with the initial costs associated with updating criminal history systems, integration with booking station systems, and purchasing new technologies associated with Rapid DNA at the booking station (Note: JAG funds may. not be used for Rapid DNA testing of evidentiary material; see the "DNA Testing of Evidentiary Materials and Uploading DNA Profiles to a  returning to the community from prison or jail.  by applicable law).  methamphetamines. laws and policies.  enforcement workforce that reflects the community it serves. Support virtual reality de-escalation training. uncooperative subject without inflicting pain. Purchase gunfire detection technology.  Database" section for more information on the topic). Purchase an Electronic Tracing System (eTrace)  Page 12  0-BJA-2024-172239    Purchase a NIBIN Enforcement Support System (NESS)  Additionally, JAG funds awarded under this solicitation may be used for any purpose indicated here: Purposes for Which Funds Awarded Under the Edward Byrne Memorial Justice  Assistance Grants (JAG) Program May Be Used. Limitations on the Use of JAG funds Administrative Costs Supplanting  Up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be used for costs associated with administering the award, which can include indirect costs. JAG funds may not be used to supplant state or local funds but must be used toi increase the amount of such funds that would, in the absence ofi federal funds, be made available. See the JAG FAQs for examples of supplanting. Although supplanting is prohibited, BJA encourages the Absent specific federal statutory authority to do so, JAG award funds may not be used as a Prohibited and Controlled Equipment and Associated Procedures under JAG The JAG statute, at 34USC.5101520) specifically identifies a list of prohibited items. In addition, consistent with Executive Order 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety of May 25, 2022, the use ofOJP grant funds for the purchase or transfer of certain equipment has been designated as prohibited or controlled starting with FY 2023 OJP grant funds. Details and associated procedures for requesting prior approval, where applicable, can be found in the JAG Prohibited A unit of local government that applies for and receives an FY 2024 JAG award must note the Units of local government may draw down JAG funds either in advance or on a reimbursement basis. To draw down in advance, at trust fund must be established in which to deposit the funds. The trust fund must bei in ani interest-bearing account, unless one oft the exceptions in 20 C.F.R. $200.305(b)(8): apply. If subrecipients draw down JAG funds in advance, they also must establish ai trust fund in which to deposit the funds. For additional information, see 2C.F.R.S Certifications and Assurances by the Chief Executive of the Applicant Government (Which Incorporates the 30-Day Governing Body Review Requirement) AJAG application is not complete, and a unit of local government may not access award funds, unless the chief executive of the applicant unit of local government (e.g., the mayor) properly executes, and the unit of local government submits, the Certifications and Assurances by the Chief Executive of the Applicant Government." The most up-to-date version of this certification can be found at: Ev24JAG-Certreations and Assurances by the Chief Executive of the Applicant Government. Please note that this certification contains assurances that the governing  leveraging of federal funding. Matching Funds match for other federal awards.  and Controlled Equipment Guidance and the JAG FAQs.  Other Program Requirements  following: Trust Fund  200.305.  Page 13  0-BJA-2024-172239    body notification and public comment requirements, which are required under the JAG statute (at: 34 U.S.C. S 10153(a)(2)), have been satisfied. Please note that this certification contains assurances that the governing body notification and public comment requirements, which are required under the JAG statute (at 34 U.S.C. S 10153(a)(2)), have been satisfied. Please note that only direct JAG award recipients must provide this certification to OJP and that prior to making any subawards (including subawards to disparate jurisdictions), the direct JAG award recipient must collect a completed certification from the proposed subrecipient. Any such certifications must be maintained by the direct JAG award recipient and made available to OJP upon request. OJP will not deny an application for a JAG award for failure to submit these Certifications and Assurances by the Chief Executive of the Applicant Government" by the application deadline, but a unit of local government will not be able to access award funds (and its award willi include a condition that withholds funds) until it submits these certifications and assurances properly executed byi its respective chief executive (e.g., the mayor). Minimum Requirements for Extreme Risk Protection Order Programs (ERPOS) An extreme risk protection order (ERPO) empowers law enforcement, and in some states, family members, health care providers, and others to petition a court for a civil order that temporarily prevents a person from accessing firearms if they are found to be a danger to themselves. If grantees use their JAG funds to support ERPO programs, ERPO programs must 1. Pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including, but not limited to, the Bill of Rights and the substantive or procedural due process rights guaranteed under the 5th and 14th amendments to the Constitution of the United States, as applied to the States and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses. 2. The right to be represented by counsel at no expense to the government. 3. Pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court orp promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution oft the United States, including but not limited to the Bill of Rights and the substantive and procedural due process rights guaranteed under the 5th and 14th amendments to the Constitution of the United States, as applied to the States and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a  include, at a minimum:  foundation.  4. Penalties for abuse of the program.  Prior to the expenditure of FY24 JAG funds for an ERPO program, a Certification of Compliance with Pub. L. No. 90-351, Title I, Sec. 501(a)1)0v) must be signed by a principal legal officer  and submitted to BJA. See the JAG FAQs for additional information.  Page 14  0-BJA-2024-172239    Body-worn Cameras (BWCs)  AJAG award recipient that proposes to use FY: 2024 funds to purchase BWC equipment or implement or enhance BWC programs must provide to OJP a certification(s) that each direct recipient receiving the equipment or implementing the program has policies and procedures in place related to BWC equipment usage, data storage and access, privacy considerations, and training. The certification form related to BWC policies and procedures can be found at: JAG- Further, before making any sub-awards (including sub-awards to disparate jurisdictions) for BWC-related expenses, the direct JAG award recipient must collect a completed BWC certification from the proposed subrecipient. Any such certifications must be maintained by the direct JAG award recipient and made available to OJP upon request. The, BJA BWC Toolkit provides model BWC policies and best practices to assist criminal justice departments in Apart from the JAG Program, BJA provides funds under the Body-worn Camera Policy and Implementation Program (BWCPIP). BWCPIP allows jurisdictions to develop and implement policies and practices required for effective program adoption, and to address program factors including the purchase, deployment, and maintenance of camera systems and equipment; data storage and access; and privacy considerations. Interested JAG award recipients may wish to refer to the BWC Partnership Program web page for more information. JAG award recipients that are also BWC award recipients may not use. JAG funds for any part oft the 50 percent match required by the BWC Program. Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the following requirements are met: The body armor must have been tested and found to comply with the latest applicable National Institute of Justice ballistic or stab standards tps/ctec.org/complance-esingrogram/complant. product-lists'. In addition, body armor purchased must be made in the United States. Body armor purchased with JAG funds must be "uniquely fitted vests," which means protective (ballistic or stab-resistant) armor vests that conform to the individual wearer to provide the best possible fit and coverage through a combination of (1) correctly sized panels and carrier determined through appropriate measurement and (2) properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features. Note that the requirement that body armor be "uniquely fitted" does not necessarily require body armor that is individually manufactured based on the measurements of an individual wearer. In support of OJP's efforts to improve officer safety, the. American Society for Testing and Materials (ASTM) International has made available the Standard Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003) at no cost. The Personal Armor Fit Assessment Checklist is excerpted from ASTM E3003.. A mandatory wear concept and issues paper and a model policy are available from the BVP Customer Support Center, which can be contacted at vests@usdoi.gov ort toll free at 1-877-758-3787. Additional information and FAQs related to the mandatory wear A JAG award recipient that proposes to purchase body armor with JAG funding must provide to OJP a certification(s) thati it has a written "mandatory wear" policy in effect (see 34 U.S.C.S 10202(c)). The certification form related to mandatory wear can be found at: JAG Body Armor  Body-Worn Camera (BWC) Policy Certification.  implementing BWC programs.  Body Armor  policy and certifications can be found in the JAG FAQs.  Page 15  0-BJA-2024-172239    Mandatory Wear Policy Certification. Further, before making any sub-awards (including sub- awards to disparate jurisdictions) for body armor purchases, the direct JAG award recipient must collect a completed body armor certification from the proposed subrecipient. Any such certifications must be maintained by the direct JAG award recipient and made available to OJP Apart from the JAG Program, BJA provides funds under the Patrick Leahy Bulletproof Vest Partnership (BVP) Program. The BVP Program provides funding to state and local law enforcement agencies for the purchase of balistic-resistant and stab-resistant body armor. For more information on the BVP Program, including eligibility and an application, refer to the BVP web page. JAG award recipients should note, however, that funds may not be used for any part States (including any subrecipients) that are using JAG funds for emergency communications activities should comply with current SAFECOM Guidance, which is available at: Additionally, emergency communications projects funded with JAG funds should support the Statewide Communication Interoperability Plan (SCIP) and be coordinated with the full-time statewide interoperability coordinator (SWIC) in the state of the project. As the central coordination point for a state's interoperability effort, the SWIC plays a critical role and can serve as a valuable resource. SWICsS are responsible for the implementation of SCIP through coordination and collaboration with the emergency response community. CISA maintains al list ofSWICS for each state and territory. Contact ecd@cisa.dhs. gov for more information. All communications equipment purchased with JAG funding should bei identified during the DNA Testing of Evidentiary Materials and Uploading DNA Profiles to a Database IFJAG Program funds are to be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS), the national DNA database operated by the FBI, by a government DNA lab with access to CODIS. JAG funds may not be used for Rapid DNA testing of evidentiary material (e.g., crime scene samples, sexual assault kits) because the FBI has not authorized results of this testing for upload to CODIS. No DNA profiles generated with JAG funding may be entered into any other nongovernmenta. DNA database without prior written approval from BJA (exceptions include forensic genealogy). Additionally, award recipients utilizing JAG funds for forensic genealogy testing must adhere to the DOJ Interim Policy Forensic Genealogical DNA Analysis and Searching available at: tpsywww,ustice.goppagerlenze1204386/downag. For more information about DNA testing as it pertains to. JAG, please refer to the JAG FAQs. As appropriate and to the extent consistent with law, a special condition will be imposed that would require the following: Any program or activity that reçeives federal financial assistance under JAG that is likely to generate court dispositions or other records relevant to NICS determinations, including any dispositions or records that involve any noncitizen or migrant who isu undocumented int the United States (18 U.S.C.  922(g)(5)(A), must have a system in place to ensure that all such NICS-relevant dispositions or records are made available in a timely  upon request.  oft the 50 percent match required by the BVP Program.  Interoperable Communications tps/ww.CSa.OVomlunding,  quarterly performance measurement reporting.  Entry of Records into State Repositories  fashion. Page 16  0-BJA-2024-172239    National Incident-based Reporting System  InFY2016, the FBI formally announced its intention to sunset the UCR program's traditional Summary Reporting System (SRS) and replace it with NIBRS by January 1, 2021. By statute, BJA. JAG awards are calculated using summary part 1 violent crime data from the FBI's UCR program. Specifically, the formula allocations for JAG rely heavily on the ratio of "the average number of part 1 violent crimes oft the UCR of the FBI reported by such State for the three most recent years reported by such State to the average annual number of such crimes reported by all States for such years" (34 U.S.C. 10156(a)(1)(B). In preparation for the FBI's 2021 NIBRS compliance deadline, BJA imposed an administrative requirement for. JAG award recipients that are not NIBRS compliant to dedicate 3 percent of their JAG award toward coming into full compliance with the FBI's NIBRS data submission requirement to both encourage and assist jurisdictions in working toward compliance and ensure they continue to have critical criminal justice funding available through JAG when SRS transitioned to NIBRS. A NIBRS set-aside is NOT required for FY 2024 awards; however, JAG recipients are ençouraged to continue working toward and/or maintaining NIBRS compliance to ensure that. JAG eligibility is not affected in future fiscal years. Local jurisdictions that are seeking NIBRS compliance certification should reach out directly to their respective state agency. Agencies with questions about the certification process may contact ucr-nibrs@ib.gov. More information about NIBRS, including toolkits and updates from the FBI Criminal Justice Information Services team, can be  found at: NIBRS-FBI,  Solicitation Goals and Objectives  Goals  Ing general, the JAG Program is designed to provide states with additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. Although the JAG Program provides assistance directly to states, through pass- through (and similar) requirements, the JAG Program also is designed to assist units of local The objectives are directly related tot the JAG Program accountability measures described at: itps/Da.op.govisislofles/yckunee/lesmedaldacocumenvag-pmt-accountablty- Fori information about what the applicant needs to submit regarding Goals, Objectives, and Deliverables please see the "How To Apply" section on the Application Goals, Objectives,  government with respect to their criminal justice needs.  Objectives measures.pdf.  Deliverables, and Timeline Web-Based Form. Federal Award Information Awards, Amounts and Durations Anticipated Number of Awards: 1,140 Category 1:5 587 Category 2:5 553  Anticipated Maximum Dollar Amount per Award: Period of Performance Start Date: October 1, 2023 Period of Performance Duration (Months):  Category 1 anticipated maximum amount: Up to $25,000 Category 2 anticipated maximum amount: Up to $4,023,772  Page 17  0-BJA-2024-172239    Category 1:2 24 months Category 2: 48 months  Anticipated Total Amount To Be Awarded Under This Solicitation: $84,921,048  Category 1--Eligible Allocation Amounts of Less than $25,000: Units of local government that are listed on the JAG web page as eligible for an allocation amount of less than $25,000 should apply under Category 1. This includes direct and joint (disparate) allocations. Category 1 awards ofl less than $25,000 are 2 years in length. Extensions of up to 2 years can be requested fort these awards via JustGrants no fewer than 30 days prior tot the project period end date and Category. 2-Eligible Allocation Amounts of $25,000 or More: Units of local government that are listed on the JAG web page as eligible for an allocation amount of $25,000 or more should apply under Category 2. This includes direct and joint (disparate) allocations. Category 2 awards ofa at least $25,000 are 4 years in length. Extensions beyond this period may be made on a case-by- case basis at the discretion of BJA and must be requested via JustGrants no fewer than 30  will be automatically granted upon request.  days prior to the project period end date. Competition Competition Title  Expected Dollar of Awards  Performance Performance  ID  (Category Name)  Number Amount for Start Date Duration  Award Up to $25,000 Upt to $4,023,772  (Months)  C-BJA-2024- Category 1: Applicants 587 C-BJA-2024- Category 2: Applicants 553  10/1/2023 24 10/1/2023 48  00091- PROD 00092- PROD  with eligible allocation amounts of less than $25,000 with eligible allocation amounts of $25,000 or more  Availability of Funds  This funding opportunity, and awards under this funding opportunity, are subject to the availability of funding and to any changes or additional requirements that may be imposed by the agency or by law. In addition, nothing in this solicitation is intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or The FY 2024 enacted budget represents the largest cut tol base resources that the Department of Justice (DOJ) has faced in the last 10 years. Therefore, to mitigate significant budget shortfalls, the funding available for this solicitation has been reduced by 2.5%. The Department understands how critical our grants are to our state, local, and tribal partners, and does not take  agents, or any other person.  this action lightly.  The allocations by state fori the FY: 2024 JAG Program can bet found at:  tosDaOpgoVpoaagalcatons  Page 18  0-BJA-2024-172239    Type of Award  OJP expects to make awards under this funding opportunity as grants. See the Administrative, National Policy, and Other Legal Requirements" section of the Application Resource Guide for a brief discussion ofi important statutes, regulations, and award conditions that apply to many (or  ins some cases, all) OJP grants. Cost Sharing or Matching Requirement This solicitation does not require a match. Eligibility Information  For the purposes oft this notice of funding opportunity, other units of local government include towns, boroughs, parishes, villages, or other general purpose political subdivisions ofa State.  Page 19  0-BJA-2024-172239    How To Apply Application Resources applicants:  When preparing and submitting an application, the following resources may aid prospective  1. Grants.gov "How to Apply for Grants" 3. JustGrants Application Submission Training  2. OJP "How To Apply" section in the Application Resource Guide  This solicitation (notice of funding opportunity) incorporates guidance provided in the OJP Grant Application Resource Guide (Application Resource Guide), which provides additional information for applicants to prepare and submit applications to OJP for funding. If this solicitation requires something different from any guidance provided in the Application Resource Guide, the difference will be noted in this solicitation and the applicant is to follow the guidelines in this solicitation, rather than the guidance in the Application  Resource Guide that is in conflict.  How To Apply Registration  Before submitting an application, all applicants must register with the System for Award Management (SAM.gov). An applicant must renew their registration every 12 months. Ifa an applicant does not renew their SAM.gov registration, it will expire. An expired registration can delay or prevent application submission in Grants.gov and JustGrants. Applicants are encouraged to start the SAM.gov registration process at least 30 days prior to the application deadlines. Applicants who fail to begin the registration or renewal process at least 10 business days prior to the Grants.gov deadline may not complete the process in time and will not be  considered for late submission. Submission  Applications must be submitted to DOJ electronically through a two-step process that begins in Step 1: After registering with SAM.gov, the applicant must submit the SF-424 and SF-LLL in Grants.gov at nttps/www.grants.gov/register by the Grants.gov deadline. To leave time to address any technical issues that may arise, an applicant should submit the SF-424 and SF-LLL as early as possible and recommended not later than 48 hours before the Grants.gov deadline. If an applicant fails to submit in Grants.gov by the deadline, they will be unable to apply in JustGrants. Applicants can confirm Grants.gov submission by verifying their application status shows as submitted" or' "agency tracking number assigned." Step 2: The applicant must then submit the full application, including attachments, in JustGrants at, ustGrants.usdoigoy by the JustGrants deadline. OJP recommends that applicants submit the complete application package in JustGrants at least 48 hours prior to the JustGrants deadline. Some of the required sections of the application will be entered directly into JustGrants, and other sections will require documents to be uploaded and attached. Therefore, applicants should allow enough time before the JustGrants deadline to prepare all the requirements of the application. Applicants may save their progress  Grants.gov and is completed in JustGrants.  Page 20  0-BJA-2024-172239    in the system and add to or change the application as needed prior to hitting the "Submit" button An applicant will receive emails when successfully submitting in Grants.g gov and JustGrants and should maintain all emails and other confirmations received from SAM.gov, Grants.gov, and For additional information, see the "How To Apply" section ini the Application Resource Guide  at the end of the application in JustGrants.  JustGrants systems.  and the DOJ Application Submission Checklist. Submission Dates and Time  The SF-424 and the SF-LLL must be submitted in Grants. gov by 8:59 p.m. Eastern on October The full application must be submitted in. JustGrants by 8:59 p.m. Eastern on October 22, To be considered timely, the full application must be submitted in JustGrants by the JustGrants application deadline. Failure to begin the SAM.gov, Grants.gov, or JustGrants registration and application process in sufficient time (i.e., waiting until the due dates identified int this solicitation for those systems to begin the application steps) is not an acceptable reason Experiencing Unforeseen Techniçal Issues Preventing Submission of an Application OJP will only consider requests to submit an application after the deadline when the applicant can document that a technical issue with a government system prevented submission of the Ifan applicant misses a deadline due to unforeseen technical issues with SAM.gov, Grants.gov, or JustGrants, the applicant may request a waiver to submit an application after the deadline. However, the waiver request will not be considered unless it includes documentation of attempts to receive technical assistance to resolve thei issue prior to the application deadline. A tracking number is the most typical documentation and is generated when the applicant contacts the applicable service desks to report technical difficulties. Tracking numbers are generated automatically when an applicant emails the applicable service desks, and for this reason, long call wait times for support do not relieve the applicant of the responsibility of getting a tracking An applicant experiencing technical difficulties must contact the associated service desk indicated below to report the technical issue and receive a tracking number:  16,2024. 2024.  tor request ai technical waiver. (Technical Waivers) application on time.  number.  SAM.gov: contact the SAM.gov Help Desk (Federal Service Desk), Monday-Friday from Grants.gov: contact the Grants.gov Customer Support Hotline, 24 hours a day, 7 days a week, except on federal holidays, at 800-518-4726, 606-545-5035, or JustGrants: contact the JustGrants Service Desk at JusiGrants.Support@usdolgov or 833-872-5175, Monday-Friday from 7:00 a.m. to 9:00 p.m. ET and Saturday, Sunday,  8:00 a.m. to 8:00 p.m. ET at 866-606-8220.  suppor@grants.goV.  and federal holidays from 9:00 a.m. to 5:00 p.m. ET.  Page 21  0-BJA-2024-172239    If an applicant has technical issues with SAM.gov or Grants.gov, the applicant must contact the OJP Response Center at grants@ngrs.gowwthn 24 hours of the Grants.gov deadline to Ifa an applicant has technical issues with JustGrants that prevent application submission by the deadline, the applicant must contact the OJP Response Center at granlsanois.goywinin 24 hours of the JustGrants deadline to request approval to submit after the deadline.  request approval to submit after the deadline.  Waiver requests sent to the OJP Response Center must-  describe the technical difficulties experienced (provide screenshots if applicable); include a timeline of the applicant's submission efforts (e.g., date and time the error occurred, date and time of actions taken to resolve the issue and resubmit; and date and include an attachment oft the complete grant application and all the required include any SAM.gov, Grants. gov, and JustGrants Service Desk tracking numbers OJP will review each waiver request and the required supporting documentation and notify the applicant whether the request for late submission has been approved or denied. An applicant that does not provide documentation of ai technical issue (including all information listed above), or that does not submit a waiver request within the required time period, will be denied. For more details on the waiver process, OJP encourages applicants to review the Experiencing Unforeseen Technical Issues" section in the Application Resource Guide,  time support representatives responded); documentation and materials; documenting thet technical issue.  include the applicant's Unique Entity Identifier (UEI); and  Application and Submission Information Content of the SF-424 in Grants.gov  The SF-424 must be submitted in Grants.gov. Itis a required standard form used as a cover sheet for submission of pre-applcations, applications, and related information. See the Application Resource Guide for additional information on completing the SF-424. In Section 8F of the SF-424, please include the name and contact information of the individual who will complete the application in JustGrants. JustGrants will use this information (email Intergovernmental Review: This funding opportunity is subject to Executive Order (E.O.) 12372. An applicant may find the names and addresses of State Single Points of Contact mtenluaa20230ASPOClssdtard If the applicant's State appears on the SPOC list, the applicant must contact its SPOC to find out about, and comply with, the State's process under E.O. 12372. On the SF-424, an applicant whose State appears on the SPOC list is to make the appropriate selection in response to question 19, once the applicant has complied with its State E.O. 12372 process. An applicant whose State does not appear on the SPOC list should answer question 19 by selecting "Program is subject to E.O. 12372 but has  address) to assign the application to this user in JustGrants.  (SPOCs) at the following website: itips/www.whtehhouse.gov/wp  not been selected by the State for review."  Page 22  0-BJA-2024-172239    Content of the JustGrants Application Submission Entity and User Verification (First Time Applicant)  Fori first time JustGrants applicants, once the application is received from Grants. gov, DOJwill send an email (from DIAMD-NoReply@usdoj.gov) to the individual listed in Section 8F of the SF-424 with instructions on how to create a JustGrants account. This email should arrive within 24 hours after this individual receives confirmation from Grants.gov of their SF-424 and SF-LLL submissions. Register the Entity Administrator (the person who manages who can access JustGrants on behalf of the applicant), the Application Submitter, and Authorized Representative for the applicant with JustGrants as early as possible and (recommended) not later than 48-72 hours before the JustGrants deadline. Once registered in JustGrants, the Application Submitter will receive al link in an email to complete the rest oft the application in JustGrants. Find additional information on. JustGrants Application Submission in the Application The "Standard Applicant Information" section of the. JustGrants application is pre-populated with the SF-424 data submitted in Grants. gov. The applicant will need to review the Standard Applicant Information in JustGrants and make edits as needed. Within this section, the applicant will need to add ZIP codes for areas affected by the project; confirm their Authorized Representative; and verify and confirm the organization's unique entity identifier, legal name, AF Proposal Abstract (no more than 400 words) summarizing the proposed project--including its purpose, primary activities, expected outcomes, the service area, intended beneficiaries, and subrecipients (if known)-must be completed in the. JustGrants web-based form. This abstract should bei in paragraph form without bullets or tables, written in the third person, and exclude personally identifiable information). Abstracts will be made publicly available on the OJP and USASpending. gov websites if the project is awarded. Examples of brief Proposal Abstracts  Resource Guide.  Standard Applicant Information  and address. Proposal Abstract  are included below. JAG Abstract Examples:  The city of [insert] will use JAG funds for overtime fori increased patrols to bolster the security of at-risk nonprofit organizations such as synagogues, churches, The county of [insert] will use JAG funds tol hire credible messengers as part ofa a The disparate jurisdictions of [insert] and [insert) will use JAG funds fort technology improvements and equipment. Specifically, the county of (insert] will use JAG funds to replace its records management system to transition to NIBRS, and the city of [insertl will use JAG funds to purchase body worn cameras to promote public trust,  mosques, and other places of worship. community-based violence intervention initiative.  Disparate JAG Abstract Example:  accountability, and transparency. Data Requested With Application  The following application elements should be submitted in the web-based forms in JustGrants.  Page 23  0-BJA-2024-172239    Financial Management and System of Internal Controls Questionnaire (including Applicant The Financial Management and System of Internal Controls Questionnaire helps OJP assess the financial management and internal control systems, and the associated potential risks of an applicant as part of the pre-award risk assessment process. Every OJP applicant (other than an individual applying in their personal capacity, not representing an applicant organization) is required to complete the web-based Questionnaire form in JustGrants. See the Application Resource Guide: Financial Management and System of Internal Controls Questionnaire (including Applicant Disclosure of High Risk Status) for additional guidance on how to complete The Proposal Narrative should be submitted as an attachment in JustGrants. The attached document should be double-spaced, using a standard 12-point size font; have no less than 1-  Disclosure of High-Risk Status)  the questionnaire. Proposal Narrative  inch margins; and should not exceed 10 numbered pages. Category 1--Eligible Allocation Amounts of Less than $25,000  The proposal narrative for Category 1 applications must include a description of the project(s), including subawards, if applicable, to be funded with JAG funds over the 2-year grant period.  Category 2-Eligible Allocation Amounts of $25,000 or More The proposal narrative for Category 2 applications should include:  a. Description of the Issue  Identify the unit of local government's strategy/tunding priorities for the FY 2024 JAG funds, the subaward process (if applicable, including disparates) and timeline, any progress or challenges, and a description of the programs to be funded over the 4-year  grant period.  b. Project Design and Implementation  Describe the unit of local government's process, if any, for engaging stakeholders from across the, justice continuum and how that input informs priorities. This should include a description of how local communities are engaged ini the planning process, how state and local planning efforts are coordinated, and the challenges faced in coordination. The applicant should identify the stakeholders representing each program area who are participating int the strategic planning process, the gaps int the state's needed resources for criminal justice purposes, plans to improve the administration oft the criminal justice system, and how JAG funds will be coordinated with state and related justice funds. Describe any additional strategic planning/coordination efforts in which the units of local government participate with other criminal justice entities within the local jurisdiction and/or state. Please provide an overview of any evidence-informed programs that have been implemented successfully and how those programs might inform implementation of  Capabilities and Competencies  strategic plan priorities.  Page 24  0-BJA-2024-172239    d. Plant for Collecting the Data Required for This Solicitation's Performance Measures The application should demonstrate the applicant's understanding of the performance data reporting requirements for this grant program and detail how the applicant will Note: An applicant is not required to submit performance data with the application. Rather, performance measure information is inçluded to provide notice that award recipients will be required to submit performance data as part of each award's reporting OJP will require each award recipient to submit regular performance data that show the completed work's results. The performance data directly relate to the solicitation goals and objectives identified in the "Goals and Obiectives" section. Applicants can visit OJP's performance measurement page at wopopgowperomance for more information on performance measurement activities at OJP. AI list of performance measure questions for this program can bet found at httpsl/biapmt. ojp.g gowhel.AGDocshtm NOTE: BJA is in the process of reviewing and revising these performance measure questions. Any changes resulting from this review BJA will require award recipients to submit quarterly performance measure data in BJA's PMT located at ntps/papmtop.gov and separately submit a semiannual, performance report in JustGrants. BJA will provide further guidance on the post-award submission  gather the required data should it receive funding.  requirements.  will be communicated to award recipients.  process, if the applicant is selected for award.  Note on Project Evaluations Grant Application Resource Guide. Budget and Associated Documentation Funding Restrictions management fee.  An applicant that proposes to use award funds through this solicitation to conduct project evaluations must follow the guidance in the "Note on Project Evaluations" section in the OJP  All recipients and subrecipients (including any for-profit organization) must forgo any profit or  Budget Worksheet and Budget Narrative (Attachment)  The applicant will complete the budget worksheet attachment and submit it by uploading it as an attachment in JustGrants. See the OJP Grant Application Resource Guide for additional The budget narrative and budget worksheet (attachment) are critical elements, and applicants will be unable to successfully submit an application in JustGrants unless an attachment is uploaded in this section. If an applicant does not have a budget to submit at the time of application, an attachment must be uploaded noting as such, and BJA will add the appropriate special condition withholding funds for budget documentation. Please note that the budget narrative should include a full description of all costs, including administrative costs (if  information.  applicable).  Page 25  0-BJA-2024-172239    For additional information about how to prepare a budget for federal funding, see the "Application Resource Guide" section on Budget Preparation and Submission Information and the technical steps to complete the budget form in. JustGrants int the Complete the Applicationin OJP strongly encourages every applicant that proposes to use award funds for any conference-, meeting-, or training-related activity (or similar event) to review carefuly--Delore submitting an application-the, Application Resource Guide for information on prior approval, planning, and Ifan applicant proposes a program or activity that would deliver services or benefits to individuals, the costs of taking reasonable steps to provide meaningful access to those services or benefits fori individuals with limited English proficiency may be allowable. See the Application Resource Guide for information on costs associated with language assistance. The use of BJA grant funds for unmanned aircraft systems (UAS), including unmanned aircraft vehicles (UAV), and all accompanying accessories to support UAS or UAV, is unallowable.  JustGrants: Budget training.  Prior Approval, Planning, and Reporting of ComterencenMetmgptanng Costs  reporting of comerencemetinpranng costs. Costs Associated With Language Assistance (if applicable)  Unmanned Aircraft Systems Budget/Financial. Attachments  Pre-Agreement (Pre-Award) Costs (if applicable)  Pre-agreement costs are defined as costs requiring approval incurred by the applicant prior to the start date of the period of performance of the federal award. OJP does not typically approve pre-agreement costs. Ifas successful applicant, in anticipation oft the Federal award, but before the start date of the period of performance, incurs costs which are necessary for efficient and timely performance of the funded project, those costs may not be charged to the award. See the "Costs Requiring Prior Approval" section in the DOJ Grants Financial Guide Post-Award  Requirements for more information. Indirect Cost Rate. Agreement (if applicable)  Indirect costs are costs of an organization that are not readily assignable to a particular project but are necessary to the operation of the organization and the performance of the project. Examples of costs usually treated as indirect include those incurred for facility operation and maintenance, depreciation, and administrative salaries. The requirements for the development and submission ofi indirect cost proposals and cost allocation plans are listed in Appendices Il- VII of2C.F.R. Part 200. Ar non-federal applicant should follow the guidelines applicable to its type of organization. If applicable, an applicant with a current federally approved indirect cost rate agreement will upload it as an attachment in. JustGrants. See the DOJ Financial Guide for This rule does not eliminate or alter the JAG-specific restriction int federal law that states charges for administrative costs may not exceed 10 percent of the award amount, regardless of Costs for consultant services require prior approval from OJP. If the proposed project expects to fund consultant services, compensation for individual consultant services is to be reasonable  additional information on Indirect Cost Rate Agreement.  the approved indirect cost rate. Consultant Rate (if applicable)  Page 26  0-BJA-2024-172239    and consistent with that paid for similar services in the marketplace. See the DOJ Grants Financial Guide for information on the consultant rates, which require prior approval from OJP. Limitation on Use of Award Funds for Employee Compensation for Awards Over $250,000; This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the "Limitation on Use of Award Funds for Employee Compensation; Waiver" provision in the Financial Information" section of the OJP Grant Application Resource Guide. Disclosure of Process Related to Executive Compensation (if applicable) This notice of funding opportunity expressly modifies the Application Resource Guide by not incorporating its Disclosure of Process Related to Executive Compensation" provisions. Applicants to this funding opportunity are not required to provide this disclosure. The applicant will attach the additional requested documentation in. JustGrants. Memorandum of Understanding (MOUS) and Other Supportive Documents (if applicable) For disparate jurisdictions, an MOU thati identifies which jurisdiction will serve as the applicant or fiscal agent forj joint funds must be completed and signed by the authorized representative for each participating, jurisdiction. See the Allocation Determination and Units of Local Government Requirements Regarding Use of. JAG Funds section and the JAGFAQS for more information.. A Research and Evaluation Independence and Integrity Statement (if applicable) Ifan application proposes research (including research and development) and/or evaluation, the applicant must demonstrate researchlevaluation independence and integrity, including appropriate safeguards, before it may receive award funds. The applicant will upload documentation of its research and evaluation independence and integrity as an attachment in JustGrants. For additional information, see the Application Resource Guide. Certifications and Assurances by the Chief Executive of the Applicant Government Body Armor Mandatory Wear Policy Certification (If applicable) Body-worn Camera Policies Certification (If applicable)  Waiver (if applicable)  Additional. Application Components  sample MOU is also available.  ERPO Certification (if applicable) Disclosures and Assurances Disclosure of Lobbying Activities  The applicant will address the following disclosures and assurances.  The SF-LLL attachment that was completed and submitted in Grants.gov is attached to this To ensure funding coordination across grant making agencies, and to avoid unnecessary or inappropriate duplication among grant awards, the applicant will disclose ifit has any pending applications for federal funding, including pending applications for subawards of federal funds. Complete the JustGrants web-based Applicant Disclosure of Duplication in Cost Items form.  section.  Applicant Disclosure of Duplication in Cost Items  See the Application Resource Guide for additional information.  Page 27  0-BJA-2024-172239    DOJ Certified Standard Assurances Resource Guide for additional information.  Review and accept the DOJ Certified Standard Assurances in JustGrants. See the Application DOJ Certifications Regarding Lobbying: Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements; Law Enforcement and Community Policing Review and accept in JustGrants the DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements; Law Enforcement and Community Policing. See the Application Resource Guide for additional Ifa applicable, submit the DOJ High-Risk Disclosure and Justification as an attachment in JustGrants. A DOJ High-Risk Grantee is an award recipient that has received al DOJ High-Risk designation based on a documented history of unsatisfactory performance; financial instability; management system or other internal control deficiencies; noncompliance with award terms and conditions on prior awards or is otherwise not responsible. See the Appliçation Resource Guide  information.  Applicant Disclosure and Justification--DO.J High-Risk Grantees  for additional information. Application Review Information Review Process  OJP reviews the application to make sure that the information presented is reasonable, understandable, measurable, achievable, and consistent with the solicitation. See the OJP Grant Application Resource Guide fori information on the application review process for this Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also reviews information related to the degree of risk posed by the applicant entity. Among other things to help assess whether an applicant with one or more prior federal awards has a satisfactory record with respect to performance, integrity, and business ethics, OJP checks whether the applicant entity is listed in SAM as excluded from receiving ai federal award. Ina addition, ifOJP anticipates that an award will exceed $250,000 in federal funds, OJP also must review and consider any information about the applicant that appears in the non-public segment of the integrity and performance system accessible through SAM.gov. Important note on esponsbiyQualicaion Data (formerly FAPIIS): An applicant, at its option, may review and comment on any information about itself that currently appears in SAM.gov and was entered by a federal awarding agency. OJP will consider such comments by the applicant, in addition to the other information in SAM.gov, ini its assessment of the risk Absent explicit statutory authorization or written delegation of authority to the contrary, all final award decisions will be made by the Assistant Attorney General, who may consider not only  solicitation.  posed by the applicant.  BJA recommendations. but also other factors as indicated in this section.  Page 28  0-BJA-2024-172239    Federal Award Administration Information  Federal Award Notices instructions.  Generally, award notifications are made by the end oft the current Federal fiscal year, September 30. See the Application Resource Guide for information on award notifications and OJP strongly encourages the use of data and evidence in policymaking and program development for criminal justice, juvenile justice, and crime victim services. For additional information and resources on evidence-based programs or practices (programs or practices that have been evaluated as effective), see the Application Resource Guide. Information Regarding Potential Evaluation of Programs and Activities OJP may conduct or support an evaluation oft the projects and activities funded under this solicitation. For additional information on what should be included in the application, see the Application Resource Guide section entitled "Information Regarding Potential Evaluation of Ifselected for funding, in addition to implementing the funded project consistent with the OJP- approved application, the recipient must comply with all award conditions and all applicable requirements of federal statutes and regulations, including the applicable requirements referred to int the assurances and certifications executed in connection with award acceptance. For additional information on these legal requirements, see the Administrative, National Policy, and Ifas successful applicant accepts funding from OJP--as a recipient of OJP funding- -that award recipient must comply with certain federal civil rights laws that prohibit it from discriminating on the basis of race, color, national origin, sex, religion, or disability in how the recipient delivers its program's services or benefits and in its employment practices. The civil rights laws that may be applicable to the award include Title VI oft the Civil Rights Act of 1964 (Title VI), the nondiscrimination provisions oft the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act), and Section 504 oft the Rehabilitation Act of 1973. These and other federal civil rights laws are discussed in greater detail here: Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative. Agreements - FY2024 Awards under the "Civil Rights Requirements" section, and additional resources are available from the OJP Office for Part of complying with civil rights laws that prohibit national origin discrimination includes recipients taking reasonable steps to ensure that people who are limited in their English proficiency (LEP) because oft their national origin have meaningful access to a recipient's program and activity. An LEP person is one whose first language is not English and who has a limited ability to read, write, speak, or understand English. To help recipients meet this obligation to serve LEP persons, DOJ has published a number of resources, including a language access assessment and planning tool, which are available at tips/www.lep.govlanquage-access-planning. Additional resources are available at https/www.oip.goip.gov/program/civi-nghts-oficellmted-engish-proficientlep. If the award recipient proposes a program or activity that would deliver services or benefits to LEP  Evidence-Based Programs or Practices  Programs and Activities."  Administrative, National Policy, and Other Legal Requirements  Other Legal Requirements" section ini the Application Resource Guide.  Civil Rights Compliance  Civil Rights.  Page 29  0-BJA-2024-172239    individuals, the recipient may use grant funds to support the costs of taking reasonable steps (e.g., interpretation or translation services) to provide meaningful access. Similarly, recipients are responsible for ensuring that their programs and activities are readily accessible to qualified individuals with disabilities. Applicants for OJP funding must allocate grant funds or explain how other available resources will be used to ensure meaningful and full access to their programs. For example, grant funds can be used to support American Sign Language (ASL) interpreter services for deaf or hard of hearing individuals or the purchase of adaptive equipment for individuals with mobility or cognitive disabilities. For resources, see ntps/www.ada.ov. or Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities) must, as described int the Part 200 Uniform Requirements as set out at2 2C.F.R. 200.303, comply with standards for financial and program management. See the Application An application in response to this solicitation may require inclusion ofi information related to information technology security. See the Application Resource Guide for more information. General Information About Post-Federal Award Reporting Requirements Ina addition to the deliverables described in the "Program Description" section, all award recipients under this solicitation will be required to submit certain reports and data. Required reports--Award recipients typically must submit quarterly financial reports, quarterly performance measurement reports, semiannual performance reports, final financial and performance reports, and (if applicable) an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate cases, OJP may require additional reports.)  contact OJP.  Financial Management and System of Internal Controls  Resource Guide for additional information. Information Technology Security Clauses  Specific reporting requirements by category are listed below: Category 1-Eligible Allocation Amounts of Less Than $25.000  Recipients must submit:  Quarterly Federal Financial Reports (and one final Federal Financial Report after all funds have been obligated and expended) through OJP's JustGrants system. Quarterly Performance Measurement Tool reports and a final Performance Measurement Tool report through BJA's PMT. Please note that as soon as all project activity has concluded, that report may be marked as final. An annual performance report and final progress report through OJP's JustGrants. Ifall project activity has concluded at the time the first annual performance report is submitted, that report may be marked as final. Ifapplicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Category 2-Eligible Allocation Amounts of $25,000 or More  Recipients must submit the following:  Page 30  0-BJA-2024-172239    Quarterly Federal Financial Reports (and one final Federal Financial Report after all funds have been obligated and expended) through OJP's JustGrants system. Quarterly Performance Measurement Tool reports and at final Performance Measurement Tool report (at any time once all project activity has concluded) through Semiannual performance reports and a final performance report (at any time once all Ifapplicable, an annual audit report in accordance with the Part 200 Uniform  BJA's PMT.  project activity has concluded) through OJP's JustGrants. Requirements or specific award conditions. requirements, including performance measure data. Federal Awarding Agency Contact(s) see the solicitation Synopsis. Other Information  See the, Application Resource Guide for additional information on specific post-award reporting For OJP contact(s), contact information for Grants.gov, and contact information for JustGrants,  Freedom of Information and Privacy Act (5 U.S.C. SS 552 and 552a)  See the Application Resource Guide for information on the Freedom of Information and Privacy See the Application Resource Guide for information on how to provide feedback to OJP. A list of performance measures can be found at: ntps/DapmiopgovneDAAGDocs.ntm  Act (5U.S.C. SS 552 and 552a). Provide Feedback to OJP Performance Measures  Page 31  0-BJA-2024-172239    Application Checklist  BJA FY24 Edward Byrne Memorial Justice Assistance Grant Formula Program--Local This application checklist has been created as an aid in developing an application. For more information, reference The OJP Application Submission Steps in the OJP Grant Application  Solicitation  Resource Guide and the DOJ Application Submission Checklist.  Pre-Application  Before Registering in Grants.gov  Confirm your entity's registration in the System for Award Management (SAM.gov) is active through the solicitation period; submit a new or renewal registration in SAM. govi if Acquire an Authorized Organization Representative (AOR) and a Grants. gov username Acquire AOR confirmation from the E-Business Point of Contact (E-Biz POC) (see Search for the funding opportunity in Grants.gov using the opportunity number, Access the funding opportunity and application package (see Step 7 in the Application Sign upi for Grants.g gov email notifications (optional) (see Application Resource Guide). Read Important Notice: Applying for Grants in Grants.gov (about browser compatibility Read OJP policy and guidance on conference approval, planning, and reporting available at nttps/www.op.aovfundingfinanclalquidedo/tl-postaward- requirements6q3y8 (see Application Resource Guide). Review the Overview of Post-Award Legal Requirements  needed (see Application Resource Guide).  Register in Grants.gov  and password (see Application Resource Guide).  Application Resource Guide). Find the Funding Opportunity  assistance listing number, or keyword(s). Select the correct Competition ID. Resource Guide).  and special characters in file names).  Review the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2024 Awards" in the OJP Funding Resource Center.  Review the Scope Requirement Review Eligibility Requirement solicitation. Application Step 1  The federal amount requested is within the allowable limit. See  tOS/DAOD.SoVAPoATamlagalocatlons  Review "Eligibility" in the Synopsis section and' "Eligibility Information" section in the  After registering with SAM.gov, submit the SF-424 and SF-LLL in Grants.gov.  In Section 8F oft the SF-424, include the name and contact information of the individual who will complete the application in JustGrants and the SF-LLL in Grants.gov.  Page 32  0-BJA-2024-172239    Submit Intergovernmental Review (if applicable).  Within 48 hours after the SF-424 and SF-LLL submission in Grants.gov, receive four (4)  Grants.gov email notifications: As submission receipt. Av validation receipt. Ag grantor agency retrieval receipt. An agency tracking number assignment.  Ifno Grants.gov receipt and validation email is received, or if error notifications are received: Contact BJA or Grants.g gov Customer Support Hotline at 800-518-4726, 606-545-5035, Grants.gov customer support, or support@grants.gov regarding technical difficulties (see "Application Resource Guide" section on Experiencing Unforeseen Technical Issues). Within 24 hours after receipt of confirmation emails from Grants.gov, the individual in Section 8F  of the SF-424 will receive an email from JustGrants with login instructions. Proceed to Application Step 2 and complete application in JustGrants.  Application Step 2 Application Components  Submit the following information in JustGrants:  Entity and User Verification (First Time Applicant)  Standard Applicant information (SF-424 information from Grants.gov)  Proposal Abstract Data Requested with Application Proposal Narrative Budget and Associated Documentation  Budget Worksheet and Narrative (attachment)  Financial Management and System of Internal Controls Questionnaire (see Application Indirect Cost Rate Agreement (if applicable) (see Application Resource Guide) Research and Evaluation Independence and Integrity (see Application Resource Guide) FY24 AG-Certifications and Assurances by the Chief Executive oft the Applicant  Resource Guide)  Additional Application Components  Government  Memorandum of Understanding (if applicable) Body Armor Certification (if applicable) Body-Worn Camera Certification (if applicable) ERPO Certification (if applicable) Disclosures and Assurances  Disclosure of Lobbying Activities (SF-LLL) (see Application Resource Guide) Applicant Disclosure of Duplication in Cost Items (see Application Resource Guide) DOJ Certified Standard Assurances (see Application Resource Guide)  Page 33  0-BJA-2024-172239    DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements; Law Enforcement and Applicant Disclosure and Justification--DOJ High-Risk Grantees (ifa applicable) (see  Community Policing (see Application Resource Guide)  Application Resource Guide)  Review, Certify, and Submit Application in JustGrants  Any validation errors will immediately display on screen after submission. Correct validation errors, if necessary, and then return to the "Certify and Submit" screen tos submit the application. Access the Application Submission Validation Errors Quick Reference Guide for step-by-step instructions to resolve errors prior to submission. Once the application is submitted and validated, a contirmation message will appear at the top of the page. Users will also receive a notification in the "bell" alerts confirming Ifno JustGrants application submission confirmation email or validation is received, or if error  submission. notification is received-  Contact the JustGrants Service Desk at 833-872-51756 or Resource Guide for additional information.  JustGrants sucondlusalcouregaang technical difficulties. See the Application  Page 34  0-BA-2024-172239    Standard Solicitation Resources submitting applications for OJP funding.  Application Resource Guide provides guidance to assist OJP grant applicants in preparing and DOJ Grants Financial Guide serves as the primary reference manual to assist award recipients inf fulfilling their fiduciary responsibility to safeguard grant funds and to ensure funds are used for the purposes for which they were awarded. It compiles a variety ofl laws, rules and regulations that affect the financial and administrative management of DOJ awards. This guide serves as a starting point for all award recipients and subrecipients of DOJ grants and cooperative agreements in ensuring the effective day-to-day management of awards. JustGrants Resources Website is an entryway into information about JustGrants and the grants management system itself. Through this portal both award recipients and applicants can access training resource and user support options, find frequently asked questions, and sign upi for the JustGrants Application Submission Training page offers helpful information and resources on the application process. This training page includes e-learning videos, reference guides, checklists, and other resources to help applicants complete an application. Weekly Training Webinars are advertised here and provide opportunities for users to receive topic-specific training, direct technical assistance, and support on JustGrants system  JustGrants Update e-newsletter.  functionality.  Page 35  0-BJA-2024-172239    20241 Texas LocalJAG Allocations  Listed below area allj jurisdictions int the statet that are eligible for FV2024 JAG funding, as determined by the JAGI formula. For additional details regarding thel JAG formula and award calculation process, with examples, please refer tot the JAG Technical report here: htps/lpisopgov/lbr/padlicatons/astceassancegamttpegprogam.2022 and current. JAG Frequently Asked Questions here:  htps//Ppaoipov/progam/e/Preguentyaskedquestions.  Finding your jurisdiction:  (1) Disparate jurisdictions arel listedi in shaded groups! below, ina alphabetic order by county. (2) Directa allocations arel listed alphabetically below the shaded, disparate groupings.  (3) Counties that have ana asterisk (*) undert the' "Direct Allocation" column did not submit thel level of violent crime data to qualify fora direct awardf from BJA, but arei int the disparate groupingi indicated byt the: shaded area. The JAGI legislation requires these counties to remain a partner with thel local jurisdictions receiving funds and must be as signatory on the required Memorandum of Understanding (MOU). As sample MOUI is provided online at: Atps/wwwpgow/unang/AGMOUpd. Disparate jurisdictions do noti need1 to abidel by the listedi individual: allocations, whicha are provided fori information only. Jurisdictions inaf funding disparity are responsible for determining individual: amounts within the Eligible Joint Allocation: andi for documenting individual allocations in1 the MOU.  State TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX  Jurisdiction Name ANGELINA COUNTY LUFKIN CITY BELL COUNTY KILLEEN CITY TEMPLE CITY BEXAR COUNTY SAN ANTONIO CITY BOWIE COUNTY TEXARKANACITY BRAZOS COUNTY BRYAN CITY COLLEGE: STATION CITY CAMERON COUNTY BROWNSVILLE CITY COLLIN COUNTY FRISCO CITY MCKINNEY CITY PLANO CITY COMALCOUNTY NEW BRAUNFELS CITY DALLASCOUNTY BALCH SPRINGS CITY CARROLLTON CITY DALLASCITY DESOTOCITY DUNCANVILLE CITY GARLANDO CITY GRAND PRAIRIE CITY IRVING CITY LANCASTER CITY MESQUITE CITY  Governmenttype County Municipal County Municipal Municipal County Municipal County Municipal County Municipal Municipal County Municipal County Municipal Municipal Municipal County Municipal County Municipal Municipal Municipal Municipal Municipal Municipal Municipal Municipal Municipal Municipal  Direct Allocation $15,520 $65,625 $19,610 $57,377 $816,563 $13,316 $26,950 $16,906 $17,452 $52,309 $14,566 $18,224 $31,722 $15,497 $10,703 $15,884 $766,798 $12,453 $10,043 $43,901 $30,676 $55,922 $15,679 $46,560  ointAllocation $15,520 $85,235 $873,940 $13,316 $43,856 $69,761  $64,512 $15,497    TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX  RICHARDSON CITY DENTON COUNTY DENTONCITY LEWISVILLE CITY THE COLONY CITY ECTOR COUNTY ODESSA CITY ELPASO COUNTY ELPASOCITY GALVESTON COUNTY GALVESTON CITY GRAYSON COUNTY SHERMAN CITY GREGG COUNTY LONGVIEW CITY HARRIS COUNTY HOUSTON CITY HAYS COUNTY SAN MARCOS CITY HOWARD COUNTY BIG SPRING CITY JEFFERSON COUNTY BEAUMONTCITY PORT ARTHUR CITY LAMAR COUNTY PARIS CITY LUBBOCKCOUNTY LUBBOCK CITY MCLENNAN COUNTY WACO CITY MIDLAND COUNTY MIDLANDI CITY NUECES COUNTY CORPUS CHRISTICITY POTTER COUNTY AMARILLO CITY SMITHCOUNTY TYLER CITY TARRANT COUNTY ARLINGTON CITY  Municipal County Municipal Municipal Municipal County Municipal County Municipal County Municipal County Municipal County Municipal County Municipal County Municipal County Municipal County Municipal Municipal County Municipal County Municipal County Municipal County Municipal County Municipal County Municipal County Municipal County Municipal  $12,112 $29,472 $22,314 $10,748 $51,354 $22,337 $141,339 $10,112 $20,497 $12,589 $21,110 $633,526 $1,938,709 $11,930 $25,586 $11,680 $88,326 $29,086 $15,156 $195,216 $65,670 $40,515 $186,309 $108,276 $22,564 $35,039 $10,021 $155,927  $1,020,731  $62,534 $51,354 $163,676 $30,609 $12,589 $21,110 $2,572,235 $37,516 $11,680 $117,412 $15,156 $195,216 $65,670 $40,515 $186,309 $108,276 $57,603    TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX  FORT WORTH CITY TAYLOR COUNTY ABILENE CITY TOM GREEN COUNTY SANANGELO CITY TRAVIS COUNTY AUSTIN CITY VICTORIA COUNTY VICTORIACITY WALKER COUNTY HUNTSVILLE CITY WEBB COUNTY LAREDO CITY WICHITA COUNTY WICHITA FALLS CITY BASTROP COUNTY BAYTOWN CITY BRAZORIA COUNTY CONROE CITY DONNA CITY EDINBURG CITY FORT BEND COUNTY HARLINGEN CITY HIDALGO COUNTY HUMBLE CITY HUNT COUNTY JOHNSON COUNTY LIBERTY COUNTY MCALLEN CITY MISSION CITY MONTGOMERY COUNTY NORTHI RICHLANDI HILLS CITY PASADENA CITY PHARR CITY ROUNDI ROCKCITY SAN BENITO CITY TEXAS CITY CITY WESLACO CITY WILLIAMSON COUNTY Loca tota  Municipal County Municipal County Municipal County Municipal County Municipal County Municipal County Municipal County Municipal County Municipai County Municipal Municipal Municipal County Municipal County Municipal County County County Municipal Municipal County Municipal Municipal Municipal Municipal Municipal Municipal Municipal County  $353,598 $39,448 $24,405 $55,354 $342,941 $21,428 $14,043 $57,467 $34,017 $17,588 $22,428 $16,156 $16,179 $14,179 $23,655 $66,670 $17,929 $36,403 $11,680 $24,996 $12,271 $13,247 $15,270 $12,134 $65,171 $10,430 $63,148 $18,633 $13,816 $10,930 $12,657 $10,885 $11,998 $7,598,930  $519,546 $39,448 $24,405 $398,295 $21,428 $14,043 $57,467 $34,017    Sas  AGENDA REQUEST  ORDINANCE  RESOLUTION  ResoA NO: 2024-  CAPTION: A resolution authorizing the Pasadena Parks and Recreation  Department to accept $300.00 from ABC Dental.  RECOMMENDATIONS & JUSTIFICATION: This is sponsorship for the City of  Pasadena Christmas Tree Lighting.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S). AFFECTED:  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  DATE:10/4/2024:  P (Jed Aplaca)  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED: CITY RL ATTORNEY OEAwry MAYOR  SECOND  SECOND  DATE DEFERRED:  DATE    RESOLUTION NO. 2024-  A Resolution accepting a donation of $300.00 from ABC Dental for use by the Parks & Recreation Department in connection with the  Christmas Tree Lighting event.  WHEREAS, ABC Dental has made a donation of $300.00 for  use by the Parks & Recreation Department in connection with the  Christmas Tree Lighting event; NOW, THEREFORE,  BE IT RESOLVED BY THE CITY COUNÇIL OF THE CITY OF PASADENA:  SECTION 1.  That the City Council, on behalf of the citizens of  the City of Pasadena, hereby expresses its appreciation to ABC Dental and accepts the $300.00 donation for use by the Parks & Recreation Department in connection with the Christmas Tree  Lighting event. SECTION 2.  That the City Council officially determines that a  sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  DonationPe-freelignting.AcDentaiza    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Donationpen-freeligntingpAtcDentaza    AGENDA REQUEST  PPin  ORDINANCE  RESOLUTION  Resoi3 NO: 2024-  CAPTION: Aresolution to accept a check donation in the amount of $500.00 from Bob's Truck Care,Inc.to be allotted to Neighborhood Network for Team Up to Clean Up 2024.  RECOMMENDATIONS & JUSTIPICATION: Aresolution to accept a check donation in the amount of $500.00 from Bob's Truck Care Inc to be allotted to Neighborhood Network for Team Up to Clean  Up 2024.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  Klhle DATE:10/04/2024 REQUESTING, PARTY Hal Burke Neighborhood Network BUDGET DEPARTMENT  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED: CITY ATTORNEY yuko  SECOND  SECOND  DEFERRED:  OGAwrp  MAYOR    RESOLUTION NO. 2024-  A Resolution accepting a donation of $500.00 from Bob's Truck Care, Inc. for use by Neighborhood Network in connection with Team Up to  Clean Up 2024.  WHEREAS, Bob's Truck Care, Inc. has made a donation of  $500.00 for use by Neighborhood Network in connection with Team Up  to Clean Up 2024; NOW, THEREFORE,  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council, on behalf of the citizens of the City of Pasadena, hereby expresses its appreciation to Bob's Truck Care, Inc. and accepts a donation of $500.00 for use by Neighborhood Network in connection with Team Up to Clean Up 2024. SECTION 2. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  Donationtm.Teamup-BohsTruckCare24    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Donationm.Teanup-sobsruekCare24    AGENDA REQUEST  pas  ORDINANCE  RESOLUTION  ResoC NO: 2024-  CAPTION: A Resolution approving the financial report of investment activities, submitted by the City of Pasadena, for the quarter ended  September 30, 2024.  RECOMMENDATIONS & JUSTIFICATION: Quarterly investment report is required to be approved by the City Council according to the Public Fund Investment  Act.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATION: See attached Certification 127862 Robert Chambers REQUESTING PARTY (TYPED)  COUNCIL ACTION  DATE:10/11/24  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT CITY ATTORNEY ule OAurpe MAYOR  SECOND  SECOND  APPROVED:  DATE DEFERRED:  DATE    RESOLUTION NO. 2024-  A Resolution approving the financial report of investment activities submitted by the City of Pasadena for the fiscal quarter BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby approves the financial report of investment activities submitted by the City of Pasadena  ended September 30, 2024.  for the fiscal quarter ended September 30, 2024.  SECTION 2. That said quarterly report is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. SECTION 3. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)  Investment.Reptz45ept30Eh)24    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MOELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Investment.Rept24Sept30th,24    City of Pasadena, Texas Investment Portfolio Summary As of September 30, 2024  Investment Type Investment Pools Savings/Money Market Total MV-9/30/2024  Percent 99.998% $ 534,727,789 0.002% 100.000% $ 534,737,934  Amount 10,145  City Funds  7/1/2024 MV 4,013,991 61,169,751 49,585,212 66,284,980 2,482,796 13,805,830 35,182,736 406,343,130 14,621,211 147,029,845  Additions 53,459 817,009 2,945,377 6,703,734 1,683,828 176,339 5,534,693 76,120,328 11,027,857 3,834,053 14,861,910  Distributions 9/30/2024 MV  General Debt Service Capital Projects Special Revenue Enterprise Operating Enterprise Reserve for Debt Service Enterprise Capital Improvement Projects Internal Service  $ 173,817,834 $ 58,205,889 $ 62,061,211 $ 169,962,512  4,067,450 58,769,348 32,969,130 71,047,589 3,151,112 13,617,088 34,776,212 388,360,441 131,104,153 15,273,340 146,377,493  3,217,412 19,561,459 1,941,125 1,015,512 365,081 5,941,217 94,103,017 12,332,338 3,181,924 15,514,262  TotalCity Funds City's Component Units Pasadena Crime Control District Total City's Component Units  Pasadena Economic Development Corporation 132,408,634  Totals  $ 553,372,975 $ 90,982,238 $ 109,617,279 $ 534,737,934  The attached information comprises the quarterly investment report for the City of Pasadena, Texas for the quarter ended September 30, 2024. The undersigned acknowledge that the City's investment Portfolio has been andi isi in compliance with the policies and strategies as contained in the City's Investment Policy as adopted by the City of Pasadena and also in compliance with the Public Funds Investment Act of the State of Texas.  22 CA2 Robert Chambers, Interim City Controller  EXHIBIT "A"    City of Pasadena, Texas Detail of Funds and Component Units July 1, 20241 to September 30, 2024 7/1/2024  7/1/2024 Market Value  9/30/2021 Book Value  9/30/2021 Market' Value  Security Name  Maturity Book Value  City Funds General Fund  Texpool Logic Class Investment Pools 100.00% Texpool Investment Pools 100.00% Texpool Class Investment Pools 100.00% Texpool Logic Class Investment Pools 100.00% Texpool Class Texpool Class Twdb Investment Pools 100.00% Texpool Investment Pools 100.00%  Open $ 78,738,546 $ 78,738,546 $ 79,010,110 $ 79,010,110  Open Open Open Open Open Open Open Open Open Open Open Open Open  647,131 94,432,157 173,817,834 4,013,991 4,013,991 375,147 60,794,604 61,169,751 47,341,306 773,191 1,470,715 49,585,212 66,231,345 53,635 66,284,980 2,482,796 2,482,796 2,355,291 11,450,539 13,805,830 82,573,606 35,182,736 35,182,736 406,343,130  647,131 94,432,157 173,817,834 4,013,991 4,013,991 375,147 60,794,604 61,169,751 47,341,306 773,191 1,470,715 49,585,212 66,231,345 53,635 66,284,980 2,482,796 2,482,796 2,355,291 11,450,539 13,805,830 82,573,606 35,182,736 35,182,736 406,343,130  655,878 90,296,524 169,962,512 4,067,450 4,067,450 381,648 58,387,700 58,769,348 30,515,456 783,642 1,670,032 32,969,130 70,993,222 54,367 71,047,589 3,151,112 3,151,112 2,020,788 11,596,300 13,617,088 87,815,789 34,776,212 34,776,212 388,360,441  655,878 90,296,524 169,962,512 4,067,450 4,067,450 381,648 58,387,700 58,769,348 30,515,456 783,642 1,670,032 32,969,130 70,993,222 54,367 71,047,589 3,151,112 3,151,112 2,020,788 11,596,300 13,617,088 87,815,789 34,776,212 34,776,212 388,360,441  Debt Service Fund Capital Projects Fund  Special Revenue Fund  Enterprise Fund Operating  Reserve for Debt Service Capital Improvement Project  Internal Services Fund Total City Funds City's Component Units Pasadenal Economic Development Corporation  Open  Texpool Class Investment Pools 99.99% Capital MM  Open Open 0.01%  80,169,792 52,228,815 132,398,607 10,027 132,408,634 14,621,211 147,029,845  80,169,792 52,228,815 132,398,607 10,027 132,408,634 14,621,211 147,029,845  78,152,677 52,941,331 131,094,008 10,145 131,104,153 15,273,340 146,377,493  78,152,677 52,941,331 131,094,008 10,145 131,104,153 15,273,340 146,377,493  Pasadena Crime Control District Total City's Component Units  Texpool 100.00% Open  Total  $553,372,975 $553,372,975 $534,737,934 $534,737,934    AGENDA REQUEST  vps  ORDINANCE  RESOLUTION  ResoD NO: 2024-  CAPTION: Donations from Best Friends Animal Society amount of $500.00  for enrichment for shelter animals  Whereas, Donations from Best Friends Animal Society in the amount of $500.00 to be deposited in account 006-243051 for the for the enrichment  of shelter animals.  EST.  1893  RECOMMENDATIONS & JUSTIFICATION: See Attached..  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  REQUIRES APPROPRIATION: Sge attached Certification IL Melissa Clark  COUNCIL ACTION  DATE:10/11/24  REQUESTING PARTY (TYPED)  FIRST READING:  FINAL READING:  BUDGET DEPARIMENT  MOTION SECOND  MOTION $ SECOND  PURCHASING DEPARTMENT APPROVED:   DEFERRED:  DEAw  MAYOR    RESOLUTION NO. 2024-  A Resolution authorizing the Animal Shelter to accept a donation from Best Friends Animal Society in the amount of (1,000.00) Dollars for marketing for marketing to promote adoptions. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council, on behalf of the citizens of the City of Pasadena, hereby expresses its appreciation to Best  Friends Animal Society and accepts a donation in the amount of 8500 (1,000.00) Dollars to be used for the  enrichment of shelter animals.  SECTION 2. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  Donation. doc    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Donation.doc    AGENDA REQUEST  ORDINANCE  RESOLUTION  ResoE NO: 2024-  CAPTION: Donations from Best Friends Animal Society amount of $1,000.00  for marketing to promote adoptions.  Whereas, Donations from Best Friends Animal Society in the amount of $1,000.00 to be deposited in account 006-243051 for marketing to promote  adoptions.  EST.  1893  RECOMMKENDATIONS & JUSTIFICATION: See Attached..  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  REQUIRES APPROPRIATION: See attached Certification ke Melissa Clark  COUNCIL ACTION  DATE:10/11/24  REQUESTING PARTY (TYPED)  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION SECOND  MOTION $ SECOND  PURCHASING DEPARTMENT APPROVED: CITY  MAYOR  DEFERRED:  OEAwrp    RESOLUTION NO. 2024-  A Resolution authorizing the Animal Shelter to accept a donation from Best Friends Animal Society in the amount of $1,000.00 Dollars BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council, on behalf of the citizens of the City of Pasadena, hereby expresses its appreciation to Best  for marketing to promote adoptions.  Friends Animal Society and accepts a donation in  the amount of Five Hundred $1000.00 Dollars to be used for the  enrichment of shelter animals.  SECTION 2. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  ty(224.doc    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  ty(224.doc    AGENDA REQUEST  Mespe  ORDINANCE  RESOLUTION  Reso F NO: 2024-  CAPTION: Aresolution to accept a check donation in the amount of $1,000.00 from Arctic Testing  and Inspection LLC to be allotted to Volunteer Pasadena for Food Drive 2024.  RECOMMENDATIONS & JUSTIFICATION: Aresolution to accept a check donation in the amount of $1,000.00 from Arctic Testing and Inspection LLCt to be allotted to Volunteer Pasadena for Food  Drive 2024.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  lLmugan REQUESTING PARTY Lorrie Jowell  FIRST READING:  FINAL READING:  Community Relations BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED: CITY ALe MAYOR  SECOND  SECOND  DEFERRED:  bAwrye    RESOLUTION NO. 2024-  A Resolution accepting a donation of $1,000.00 from Arctic Testing and Inspection LLC for use by Volunteer Pasadena in connection with  Food Drive 2024.  WHEREAS, Arctic Testing and Inspection LLC has made a  donation of $1,000.00 for use by Volunteer Pasadena in connection  with Food Drive 2024; NOW, THEREFORE,  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council, on behalf of the citizens of the City of Pasadena, hereby expresses its appreciation to Arctic Testing and Inspection LLC and accepts a donation of $1,000.00 for use by Volunteer Pasadena in connection with Food Drive 2024. SECTION 2. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  DonationvolPas.Foodprive-ArticrestingeInsp24    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  DonationvolPas.FoodDrive-ArticrestingeInsp24    -   AGENDA REQUEST  ORDINANCE  RESOLUTION  Reso G NO: 2024-  CAPTION: A resolution to accept a check donation in the amount of $500.00 from Nippon Chemical Texas Inci to be allotted to Volunteer Pasadena for Food Drive 2024.  RECOMMENDATIONS & JUSTIFICATION: Aresolution to accept a check donation in the amount of $500.00 from Nippon Chemical Texas Inc to be allotted to Volunteer Pasadena for Food Drive  2024.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  HowNl DATE:10/22/2024 REQUESTING PARTY Lorrie Jowell  FIRST READING:  FINAL READING:  Community Relations BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED:   SECOND  SECOND  DEFERRED:  OEAww  MAYOR    RESOLUTION NO. 2024-  A Resolution accepting a donation of $500.00 from Nippon Chemical Texas Inc. for use by Volunteer Pasadena in connection with Food  Drive 2024.  WHEREAS, Nippon Chemical Texas Inc. has made a donation  of $500.00 for use by Volunteer Pasadena in connection with Food  Drive 2024; NOW, THEREFORE,  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council, on behalf of the citizens of the City of Pasadena, hereby expresses its appreciation to Nippon Chemical Texas Inc. and accepts a donation of $500.00 for use by Volunteer Pasadena in connection with Food Drive 2024.  SECTION 2. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL NEXT PAGE)  Donationww.FoodDrive-Hipponchemicalrexas24    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  Donationww.Foodprive-MipponchemicalTexas24    Sse  AGENDA REQUEST  ORDINANCE  RESOLUTION  Reso H NO:2 2024-  CAPTION: Donation to Madison Jobe Senior Center for sponsorship of Lunch & Movie event valued at $200.00 dollars from Frank Schliemann and Juana  Rodriguez.  RECOMMENDATIONS & VUSTIFICATIONE Recommendation to accept this donation  in connection with Madison Jobe Senior Center.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  DATE:10/17/2024   PARTY (Jed Aplaca)  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED:   DATE DEFERRED:  DATE  AGAwr  MAYOR    RESOLUTION NO. 2024-  A Resolution accepting an in-kind donation for sponsorship of Lunch Movie event valued at $200.00 from Frank Schliemann and Juana Rodriguez for use by the Parks and Recreation Department in  connection with Madison Jobe Senior Center.  WHEREAS, Frank Schliemann and Juana Rodriguez have made  an in-kind donation for sponsorship of Lunch & Movie event valued at $200.00 for use by the Parks and Recreation Department in connection with Madison Jobe Senior Center; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA:  SECTION 1.  That the City Council, on behalf of the citizens of  the City of Pasadena, hereby expresses its appreciation to Frank Schliemann and Juana Rodriguez and accepts an in-kind donation for sponsorship of Lunch & Movie event valued at $200.00 for use by the Parks and Recreation Department in connection with Madison Jobe  Senior Center. SECTION 2.  That the City Council officially determines that a  sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further  DonationPeR.SrCenterlunchiMovie.FSchliemannsJRodriguez.24    confirms such written notice and the contents and posting thereof.  PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  DonationPaR.SrCenterlunchaovie.fSehliemannsuRodriguez.24    eS1  AGENDA REQUEST  ORDINANCE  RESOLUTION  ResoT NO: 2024-  CAPTION: Donation to Madison Jobe Senior Center of prizes for Loteria  event valued at $75.00 dollars from McCunis Fox.  RECOMMENDATIONS & JUSTIFICATION: Recommendation to accept this donation  in connection with Madison Jobe Senior Center.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT (S) AFFECTED:  REQUIRES APPROPRIATION: See attached Certification  COUNCIL ACTION  DATE:10/16/2024  PARTY (Jed Aplaca)  FIRST READING:  FINAL READING:  BA  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED:  SECOND  SECOND  CITY MAYOR  DATE DEFERRED:  DATE  le  AEAury    RESOLUTION NO. 2024-  A Resolution accepting an in-kind donation of prizes for Loteria event valued at $75.00 from McCunis Fox for use by the Parks and Recreation Department in connection with Madison Jobe Senior  Center.  WHEREAS, McCunis Fox has made an in-kind donation of  prizes for Loteria event valued at $75.00 for use by the Parks and Recreation Department in connection with Madison Jobe Senior  Center; NOW, THEREFORE,  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA:  SECTION 1.  That the City Council, on behalf of the citizens of  the City of Pasadena, hereby expresses its appreciation to McCunis Fox and accepts an in-kind donation of prizes for Loteria event valued at $75.00 for use by the Parks and Recreation Department in  connection with Madison Jobe Senior Center.  SECTION 2.  That the City Council officially determines that a  sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed,  DonationP4R.SrCenter.loteria.MeGunisFox(2)24    considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  DonationP4R.SrCenter.loreria.MeGunisFoxt2124    a  eSisn  AGENDA REQUEST  ORDINANCE  RESOLUTION  NO: 2024-  ResoT  CAPTION: A resolution to enter into an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the purpose of reimbursement of overtime salary costs, up to $21,740.50, with prior ATF approval, incurred by the Pasadena Police department in providing resources to assist with  the ATF for FY2025.  RECOMMENDATIONS & JUSTIFICATION: This funding is provided to the Pasadena Police Department in exchange for our participation in the Houston Field  Division ATF Task Force.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  ST  REQUIRES APPROPRIATION: R See attached Certification  1893  COUNCIL ACTION  Chief of Police  Aul derry Wright, REQUESTING PARTY (TYPED) DATE: 10:9:24 SlOnok BUDGET DEPARTMENT  FIRST READING:  FINAL READING:  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED:   DATE DEFERRED:  DATE  OEAwPp  MAYOR    RESOLUTION NO. 2024-  A Resolution to enter into an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the purpose of reimbursement of overtime salary costs, up to $21,740.50, with prior ATF approval, incurred by the Pasadena Police Department in  providing resources to assist the ATF for FY2025.  WHEREAS, this funding is provided to the Pasadena Police  Department in exchange for participation in the Houston Field  Division ATF Task Force;  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That that certain agreement, a facsimile of which is annexed hereto, incorporated herein for all purposes and designated Exhibit "A", by and between the City of Pasadena Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF),  is hereby authorized and approved.  SECTION 2.  The City Council finds that such agreement is  reasonable and necessary, and the Mayor of the City of Pasadena, Texas or his designated authorized representative is hereby authorized and directed to execute for and on behali of the City the annexed Memorandum of Agreement document and counterparts  thereof.  SECTION 3. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by  Agrement-PP.ou-Fieldpivaskforce24    law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MOEELER CITY SECRETARY CITY OF PASADENA, TEXAS  Agrement-p.ow-rieldpivasaforce,4    U.S. Department ofJustice Bureau of Alcohol, Tobacco, Firearms and Explosives Washinglon, DC 20226 www.atfgov  6D)  MEMORANDUM OF AGREEMENT  Between the and for associated with ATF TASK FORCE  Bureau of Alcohol, Tobacco, Firearms and Explosives  Pasadena Police Department Reimbursement of Overtime Salary Costs  This Memorandum of Agreement (MOA) is entered into by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), headquartered in Washington, D.C., and the Pasadena Police Department, headquartered in Pasadena, TX, for the purpose of reimbursement of overtime salary costs and other costs, with prior ATF approval, including but not limited to travel, fuel, training, and equipment, incurred by the Pasadena Poliçe Department in providing resources to assist ATF. Payments may be made to the extent they are included in ATF's Fiscal Year Plan and the monies  are available to satisfy the request(s) for reimbursable overtime expenses. DURATION OF THIS MEMORANDUMOF. AGREEMENT  I.  This MOA is effective with the signatures of all parties, and ifs signed on different dates the later date. This MOA terminates at the close ofbusiness on September 30,2029, subject to  Section VI of the MOA.  II. AUTHORITY  This MOA is established pursuant to the following provisions:  1. Title 28, U.S.C., Section 524(c), the Department of Justice, Assets Forfeiture Fund, which provides for the payment of overtime salaries, travel, fuel, training, equipment  EXHIBIT "A"    and other similar costs of State and local law enforcement officers that are incurred in a joint asset forfeiture law enforcement operation with al Federal law enforcement agency 2. Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, which provides for the reimbursement of overtime salary costs of local, county, or State law enforcement agencies incurred while assisting ATF in joint law 3. Title 28, U.S.C., Section 530C, which provides that the activities of the Department of Justice (including any bureau, office, etc.) may be carried out through any means, including through contracts, grants, or cooperative agreements with non-Federal This Memorandum of Agreement (MOA) is not ai funding allocation document.  participating in the Assets Forfeiture Fund initiative.  enforcement operations.  parties.  III. PURPOSE OF THIS MEMORANDUMC OF AGREEMENT  This MOA establishes the procedures and responsibilities of both the Pasadena Police Department and ATF for the reimbursement of certain overtime and other pre-approved  expenses incurred pursuant to the authority in Section II. IV. NAME OFJOINT OPERATION/TASKI FORCE (ifapplicable) The name oft this joint operation/task force: ATF TASK FORCE  V. CONDITIONS AND PROCEDURES  A. The Pasadena Police Department shall assign officer(s) to assist ATF in  investigations of Federal, state, and local laws. To the maximum extent possible, the officer(s) will be assigned on a dedicated, rather than rotational basis. The Pasadena Police Department shall provide ATF with the name(s), title(s), and employee identification number(s) oft the officer(s) assigned to the investigation. B. The Pasadena Police Department shall provide ATF, within ten (10) calendar days of the signing of this MOA, with a contact name, title, telephone number and address. The Pasadena Police Department shall also provide the name oft the official responsible for providing audit information under paragraph VIof this MOA, and the name oft the official authorized to submit an invoice to ATF under paragraph V, C. The Pasadena Police Department shall provide ATF, within ten (10) calendar days ofthe signing oft this agreement, with the financial institution where the law enforcement agency wants the Electronic Funds Transfer (EFT) payment deposited for reimbursement. The mechanism for this is the Unified Financial Management  subparagraph E.  2    System (UFMS) Vendor Request Form. Within the UFMS Vendor Request form, the DUNS Number should be provided (DUNS Data Universal Numbering System, identifies business entities on a location-specific basis) under section 12. When completed, forward this form to the appropriate. ATF field office address: ATF, ATTN: GS Richard Bohan, 5825 N. Sam Houston Parkway West, Suite 300,  Houston TX 77086  D. The Pasadena Police Department may request reimbursement for payment of overtime expenses and other costs with prior ATF approval, including but not limited to travel, fuel, training, and equipment, directly related to work performed by its officer(s) assigned as members ofaj joint operation/task force with ATF for  the purpose of conducting an official investigation.  E. Invoices submitted to ATF for the payment of expenses must be submitted on the appropriate forms as provided by ATF. The invoice shall be signed by an authorized representative oft the Pasadena Police Department and submitted to ATF  field office for signature and verification of the invoice.  F. The Pasadena Police Department will submit all requests for reimbursable payments, together with the appropriate documentation, to ATF by the 10th day of each subsequent month that the agency is seeking reimbursement. (I) Ifthe reimbursement request is not received by the ATF field office by the 10th of the subsequent month, the ATF field office will advise the agency, in writing, that the reimbursement request is late, and ift the reimbursement request is not received within the next 10 working days, the overtime costs (2) No waivers or extensions will be granted or honored. The Pasadena Police Department will submit the request for reimbursement via mail, email, or ATF, ATTN: GS Richard Bohan, 58251 N. Sam Houston Parkway West, Suite 300,  will not be reimbursed.  fax to the following address:  Houston TX 77086, rich.bohan@attgoy  G. The ATF Supervisor shall be responsible for certifying that the request is for overtime expenses incurred by the Pasadena Police Department for participation with ATF during the joint operation/task force. The responsible State or local official shall also certify that requests for reimbursement of expenses have not been  made to other Federal law enforcement agencies.  H. The Pasadena Police Department acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the joint  3    operation/task force and are responsible for the payment oft the overtime eamings, withholdings, insurance coverage, and all other requirements by law, regulations, ordinance or contract regardless oft the reimbursable overtime charges incurred. All reimbursable hours of overtime work covered under this MOA must be  I. J.  approved in advance by the ATF supervisor.  All swom State, county and local law enforcement officers cannot exceed the fiscal year reimbursement cap, which is the equivalent of25 percent ofa GS-12, Step-1 salary. Swom law enforcement officers in the State, county or local law enforcement agency assigned to cover when a' TFO/Special Deputy or other swom law enforcement officer, has been called away on an ATF matter, shall not be  reimbursed with SLOT funds.  K. Any Swom State, county and local law enforcement officer receiving funding from multiple sources, such as Organized Crime Drug Enforcement Task Force (OCDETF) orl High Intensity Drug Trafficking Area (HIDTA), cannot exceed the fiscal year salary cap when all funding is combined; it is the RAÇ/GS's responsibility to ensure that the officer does not receive double funding in excess of  the fiscal year cap.  L. The ATF supervisor will forward all approved. reimbursement requests to the Division Chief, Asset Forfeiture & Seized Property Division for payment. M. This document (MOA)does not obligate funds. Funding authority, with  maximum reimbursement costs to any one law enforcement officer during the fiscal year (October1 September 30); will be provided through other documents. The agency will receive an allocation confirmation from the field division. Ifavailable, the funding for fiscal years 2025, 2026, 2027, 2028 and 2029i is contingent upon annual appropriation laws, Title 28, U.S.C., Section 524(c), annual Ifavailable, funding allocations for reimbursement of expenses will be transmitted  appropriations, and' Title 31, U.S.C., Section 332.  through a separate document.  VI. PROGRAMAUDIT  This MOA and its procedures are subject to audit by ATF, the Department of. Justice, Office of Inspector General, the Govemment Accountability Office, and other auditors authorized by the Federal government. The Pasadena Police Department agrees to permit such audits and agrees to maintain all records relating to these transactions for a period of not less than three years; and in the event of an on-going audit, until such time as the audit These audits include reviews of any and all records, documents, reports, accounts,  iso completed.  4    invoices, receipts, or expenditures relating to this agreement; as well as, thei interview of  any and all personnel involved in these transactions.  VII. REVISIONS  The terms oft this MOA may be amended upon written approval by the original parties, or their designated representatives. Any amendment to this MOA becomes effective upon the date of approval as stated in the amendment. Either party can cançel this MOA upon 60- calendar day's written notice to the other party. The ATF will only process request for overtime for overtime incurred before the date ofcancellation, absent a specific written  agreement to the contrary. VIII. NOPRIVATE RIGHT CREATED  This is an internal Government agreement between ATF and the Pasadena Police Department and is noti intended to confer any right or benefit to any private person or party.  IX. LMITATIONS  A. The relationship between the Parties to this Agreement is and shall remain that of independent departments and agencies. Nothing herein shall be construed to imply B. A determination that any term of this MOA is invalid for any reason shall not affect C. The obligations in this MOA are subject to the availability of the necessary resources to the Parties. Noj provision ofthis MOA shall be interpreted to require obligation or payment of funds in violation of the. Anti-deficiency Act, 31 U.S.C.  either Party's employees are employees oft the other.  The validity of the remaining terms.  Section 1341, or other applicable laws.  D. Each Party shall assume the responsibility and liability for the acts and  omissions ofits own employees or agents in connection with the performance oft their obligations under this Agreement that are executed within the scope of their employment, including claims for injury, loss or damage to personal property or death, except in the case of the federal Government, liability shall be determined pursuant to the Federal Tort Claim Act (FTCA - 28U.S.C.  Section 1346).  E. The mutual covenants and terms, and any applicable MOUS, represent the entire Agreement and understanding of the Parties with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings relative to such subject matters. No representations or statements of any kind made by either Party, which are not expressly stated herein, shall be  binding on such Party.  5    F. Failure or delay on the part of any Party to exercise any right, remedy, power or privilege hereunder shall not operate as a waiver thereof. A waiver, to be effective, must be in writing and signed by the Party making the waiver. A written waiver of ad default shall not operate as a waiver of any other default or of the same type  default on a future occasion.  G. The terms and provisions in this Agreement shall be construed under the  Applicable federal statutes and regulations.  X. SIGNATURES AND ACKNOWLEDGEMENT  A. By subscription of their signatures below, the Parties represent and warrant that they are duly authorized to enter into this MOA on behalfofATF and! Pasadena  Police Department respectively.  B. By subscription oft their signatures below, the Parties acknowledge that they have  read, understand, and intend to abide by the terms of this MOA.  Michael Weddel E Specia) Agent in Charge Houston Field Division ATF Date: 9/o/24  ChiefofP Police Sppt Pasadena Police Department Date: 8-24.14  IHOR KOLCIO IStephan Kolcio Deputy ChiefFinancial Officer Office of Management ATF Date:  Diglaly KOLCIO signedby' IHOR Dale: 11:22:43- 20240 -040C 08.20    City of Pasadena, TX Grant Request Form  EST.  1893    Purpose of Form:  Grant revenues are an important part of the City's overall resource picture, especially in funding capital improvements. Actively seeking out grant revenues that assist in achieving identified City goals and objectives The purpose oft this form is to assist in ensuring that each grant application submitted by or on behalf of the City isa aligned with an established City priority, meets the City's expectations of document quality, has matching funds available if required by grantor, and that the means for continuation of the project or program after the  play a key role in the City's soverall financial health strategies.  grant period ends has been given realistic consideration.  Directions for completing form:  The Grant Form and alls supporting documents (grant information, Agenda Resolution, etc.) should be completed and routed to Budget - Attn: Compliance Officer TWO WEEKS PRIOR to the City Secretary's Agenda Deadline to allow for proper review and routing for placement on the City Council Agenda. Documents not submitted in a timely fashion will not be placed on the City's Agenda for approval by City Council. Please be mindful of the  Grantor's Application Deadline requirements.  Definitions:  Federal, State and Local Governmental Grants all have a specific purpose and are subject to Single Audit and Memorandum of Understanding (MOU) are where Joint Law Enforcement Operations are reimbursed for overtime by ai federal department after the city carries out a public purpose described in the MOU. Even though these funds come from the federal government and are considered a reimbursement of operational expenditures, theyarenotag grant. These funds are not subject to Single Audit and are posted in a general fund Funds from a Non-Profit and Other Agencies are considered donations and/or gifts and are not part of this policy and are not subject to Single Audit and follow the City's standard Donation Procedures. Private indicates a grant is being provided by a non-federal or non Not-for-Profit agency.  are reported Int the Grant Management Funds.  revenue account.  Anticipated Costs: this is the estimated amount that is required to complete the project for which the grant is being applied. Should the grant not cover the cost of the project, the department must determine if available  funds are available from the City to cover the expense.  Should youl have any questions concerning the type of grant youa area applying for, please contact Michelle' Wilson,  Compliance Officer, at 713-475-7290 or email mwisonepasenaikpow  PLEASE SAVE. A COPY OF THIS DOCUMENT AS CHANGES WILLI NOT BE AUTOMATICALLY SAVED.    RECEIVED) OCT212024  City of Pasadena Grant Request Form  BY:  Requesting Department: Pasadena Police Department Date:10/17/24  Contact Name: Paul Sinitiere Contact E-mail: anterc@pasacenakgow  Contact Phone:  713-475-5539  Grantor/Funding Agency:Bureau of Alcohol, Tobacco, Firearms and Explosives Grant Amount: $21,740.50  Federal: MOU:  State: Pass-Through:  Private Agency:  Type of Grant (select):  Application submission deadline: NA  Duration of Grant: Anticipated Costs: Match Requirements: IfMatching required, arei funds available? Reporting Requirements: Other departments impacted by use Ves: of Grant CFDA#  October 1, 2024-September 30, 2025  $21,740.50 Ves: Ves: Yes:  No: No: No: No:  Amount/Percentage: Fund #: Type of Reporting: Specify Departments:  Financial:  Compliance:  Purpose/lustification of Grant (need/benefit; alignment with City! Strategic Plan; etc):  The funds will reimburse local overtime for an individual officer assigned to the ATF.  impact to Fiscal Year Budget: Additional Employees Required: Total anticipated Salary Expense: Total Anticipated Benefit Expense: Contractual: Services Required: Materials/supplies anticipated cost: Requestor Signature Budget Director: Controller:  Yes: Yes:  No: No:  #F Required: Anticipated cost:  Date: 1012 Date: 10/22/24 Date: 10-22-29 Date: 10-22-24  Approvals:  B SIOak Tout CA2  Compliance Officer: Mfhte  PLEASE SAVE A COPY OF THIS DOCUMENT AS CHANGES WILL NOT BE. AUTOMATICALLY SAVED.    City of Pasadena Grant Benefits and Cost Analysis  Fund Source: Grant Title:  Bureau ofA Alcohol, Tobacco, Firearms and Explosives  AtfF Fe3400.25-FY25  Grant Application Due Date by Grantor: NA  Please answer each of thei following questions to support the Grant Benefit and Cost Analysis.  1. What is the purpose of the grant and describe its consistency with thei identified City goals and objectives: The funds will reimburse local overtime for an individual officer assigned to the ATF.  2. Describe any additional staffing, office space, facilities, supplies, or equipment that will be required if the  grant is awarded: NA  3. Will there be any ongoing impacts of the grant program after is completed?:  NA  4. List the responsibilities of other departments (if any) andi impacts on them in preparing the grant application The controller's office will be responsible for setting up an account for reimbursement.  or performing the scope of work if the grant is awarded:  5. Total program costs, including portion funded through grant revenues and any required City Contribution:  $21,740.50 with no required City Contribution  6. Source of funding for any required City! Share:  NA  7. Compliance and audit requirements, paying special attention to the grantorsadminstrative procedures  (reporting requirements, wage requirements, time and effort reporting, etc.):  City of Pasadena controller's office  PLEASE SAVE A COPY OF1 THIS DOCUMENT AS CHANGES WILL NOT BE AUTOMATICALLY SAVED.    What's Next After Grant Application has been approved by the Grantor/Granting. Agency:  Award Notification and Acceptance Procedure  1. All departments that receive a grant award shall date stamp, duplicate, and forward a copy of the award notification, the grant agreement or contract, and any memoramdofunderstamdng to Compliance Officer within 2 days of receipt. 2. Awards granted to the City must be formally authorized by City Council.  a) The Project Manager shall prepare the Agenda request (ordinance) for City Council authorization for the Mayor to execute the Grant Agreement and related documents. Please note: The Controller's office and the Budget Department signatures are required on the ordinance prior to turning in to the City Secretary b) The Department Director or Project Manager must ensure that the grant agreement or contract and all other necessary documents (i.e. Certification of funds if c) After the agenda request has been approved by City Council, all signatures from both the City and the Grantor must be obtained. The department must then provide an original of the fully executed (signed) grant agreement to the City Secretary and a copy tot the Compliance Officer when the fully executed grant agreement is returned  for placement on the agenda for Council approval.  necessary) is attached to the. Agenda request.  to the City by the grantor.  3. Foral MOU, prepare a council agenda request (resolution) to accept reimbursement  funds.  PLEASE SAVE A COPY OF1 THIS DOCUMENT AS CHANGES WILL NOTI BE AUTOMATIÇALY SAVED.    Good morning DTFC & SLOT Coordinators,  Attached are the updated forms you will need to facilitate the submission of FY2025 State and Local Overtime (SLOT)r reimbursements, SLOT reprogramming requests, and MOA requests. Please forward this notice to your first line supervisors for theirinformation. FY 2025 State and Local Overtime (SLOT) Cap from all sources is $21,740.50.  FY25 Forms and Reminders:  The attached forms must be used for FY2025 submissions. Outdated forms will not be  accepted.  (Note: The attached FY25 SLOT Ledger accepts both Nforce and Spartan Case Digital and electronic signatures are accepted on all forms and are encouraged as they are  Numbers.)  more legible on scanned SLOT documents. ATF Fe3400.24 - Overtime Ledger  Submissions are due on the 10th ofevery month Notify SLOTOatf.gov once a file is uploaded For the new fiscal year update the document number to. 25-  Note - Line Total automatically calculates once the hours and rate are entered Doi not type into the "line total" column, a formula will calculate the total. All overtime claimed for work completed during a "split shift" in a single Please refer to the "How to Combine Multiple Ledgers" documents for assistance Ifyour need to add an ORG code to the dropdown list, please contact the SLOT  workday MUST be notated within the comment box. with preparing the 10h day submission  team  ATFFe3400.25- FY 2025 Authorization and Review Statement Submissions are due on the 20th ofevery month Notify SLOTQatf.gov, once a file is uploaded  Itisr required that the correct agency's" Taxpayer Identification Number (TIN) is Any handwritten changes to the Authorization and Review Statement require a Modification to SLOT Invoice memo signed by the RAC/GS or SLOT All handwritten changes to the Overtime Ledger require the RAC/GS to initial The RAC/GS must validate and sign each officer's Overtime Ledger  listed Coordinator next to the change  FY25 Allotment Request links have been distributed and are due on or before close of business  on October 11, 2024. Please contact me for questions or instructions.  Additional Reminders for SLOT Requirements:  The combination of overtime funding for an individual officer, from whatever source derived, such as SLOT, Organized Crime Drug Enforcement Task Force (OCDETF) or High Intensity Drug Trafficking Areas (HIDTA), cannot exceed the fiscal year overtime cap. The salary cap does not mean an officer is    entitled to the full amount nor should there be any type of expectation to Only sworn state, county and local law enforcement officers are eligible for the reimbursement of SLOT and do not require deputation through ATF. Sworn state, county and local law enforcement officers shall not be deputized solely for Must have prior approval from RAC/GS and the activity must be supporting an open ATF criminal investigation (not a criminal intelligence investigation). SLOT cannot be used to cover compensation normally part of an officer's base pay/salary. Employment benefits shall not be calculated within the officer'srate. TFO workweek and work hours shall be the same as those oft the field office to which the TFO is assigned. The Field Division SAC shall determine the TFO travel days while on official authorized Government travel status and/or the fulfillment of mandatory ATF training requirements shall not be considered The training and feeding of ATF canine after scheduled work hours shali not be  earn the full amount.  receiving SLOT.  scheduled workweek and regular hours for the TFOS.  overtime and SLOT: shall not be paid. reimbursed with SLOT funds.  Must have an active and current MOA signed by ail parties.  Our first quarter DTFC/SLOT Teams meeting is scheduled for October 7th, 2024, at Ipm. Ifyou have any questions or concerns, please hold them until our meeting or email the SLOT section  at SLOTQatt.gov. Thank you,  Theresa Skokowski Program Manager - JLEO Program Resource Management Branch Field Management Staff- Field Operations c:( (215)528-9430 ersaskokowskeAtgow  Department of. Justice - Bureau of Alcohol, Tobacco, Firearms and Explosives    City of Pasadena, TX Grant Request Form  EST.  1893    Purpose of Form:  Grant revenues are an important part of the City's overall resource picture, especially in funding capital improvements. Actively seeking out grant revenues that assist in achieving identified City goals and objectives The purpose of this formi is to assist in ensuring that each grant application submitted by or on behalf of the City is aligned with an established City priority, meets the City's expectations of document quality, has matching funds available if required by grantor, and that the means for continuation of the project or program after the  play a key role in the City's overall financial health strategies.  grant period ends has been given realistic consideration.  Directions for completing form:  The Grant Form and alls supporting documents (grant information, Agenda Resolution, etc.) should be completed and routed to Budget Attn: Compliance Officer TWO WEEKS PRIOR to the City Secretary's Agenda Deadline to allow for proper review and routing for placement on the City Council Agenda. Documents not submitted in a timely fashion will not be placed on the City's Agenda for approval by City Council. Please be mindful of the  Grantor's Application Deadline requirements.  Definitions:  Federal, State and Local Governmental Grants all have a specific purpose and are subject to Single Audit and Memorandum of Understanding (MOU) are where Joint Law Enforcement Operations are reimbursed for overtime by at federal department after the city carries out a public purpose described in the MOU. Even though these funds come from the federal government and are considered a reimbursement of operational expenditures, they are not a grant. These funds are not subject to Single Audit and are posted in a general fund Funds from a Non-Profit and Other Agencies are considered donations and/or gifts and are not part of this policy and are not subject to! Single Audit and follow the City's standard Donation Procedures. Private indicates a grant is being provided by a non-federal or non Not-for- Profit agency.  are reported In the Grant Management Funds.  revenue account.  Anticipated Costs: this is the estimated amount that is required to complete the project for which the grant is being applied. Should the grant not cover the cost of the project, the department must determine if available  funds are available from the City to cover the expense.  Should you have any questions concerning the type of grant you are applying for, please contact Michelle Wilson,  Compliance Officer, at 713-475-7290 or email mwisonepascenatkgos  PLEASE SAVE A COPY OFTHIS DOCUMENT AS CHANGES WILL NOT BE AUTOMATICALLY SAVED.    RECEIVED) OCT2.1-2024  City of Pasadena Grant Request Form  BY:  Requesting Department: Pasadena Police Department Date: 10/17/24  Contact Name: Paul Sinitiere Contact E-mail: pantere@pasacenat.gow  Contact Phone:  713-475-5539  Grantor/Funding. Agency: Bureau of Alcohol, Tobacco, Firearms and Explosives Grant Amoum:$21,740.50  Federal: MOU:  State: Pass-Through:  Private Agency:  Type of Grant (select):  V  Application submission deadline: NA  Duration of Grant: Anticipated Costs: Match Requirements: IfMatching required, are funds available? Reporting Requirements: Other departments impacted by use Yes: of Grant CFDA#  October 1, 2024-September 30, 2025  $21,740.50 Ves: Ves: Ves:  No: No: No: No:  Amount/Percentage: Fund #: Type of Reporting: Specify Departments:  Financial:  Compliance:  Purpose/lustfitcation of Grant (need/benefit; alignment with City Strategic Plan; etc):  The funds will reimburse local overtime for an individual officer assigned to the. ATF.  Impact to Fiscal Year Budget: Additional Employees Required: Total anticipated: Salary Expense: Total Anticipated Benefit Expense: Contractual Services Required: Materials/supplies. anticipated cost: Requestor Signature Budget Director: Compliance Officer: Controller:  Yes: Ves:  No: V No:  #R Required: Anticipated cost:  Date:  Approvals:  afdet Date: 10122/24 Date: 10-22-247 Date: 10-22-24  024 CRZ  A  PLEASE SAVE A COPY OF1 THIS DOCUMENT AS CHANGES WILL NOT BE AUTOMATICALIY SAVED.    City of Pasadena Grant Benefits and Cost Analysis  Fund Source: Grant Title:  Bureau ofA Alcohol, Tobacco, Firearms and Explosives  AtfF Fe3400.25-FY25  Grant Application Due Date by Grantor: NA  Please answer each of thet following questions to support the Grant Benefit and Cost Analysis.  1. What is the purpose of the grant and describei its consistencywith thei identified City goals and objectives: The funds will reimburse local overtime for an individual officer assigned to the. ATF.  2. Describe any additional staffing, office space, facilities, supplies, or equipment that will be required if the  grant is awarded: NA  3. Will there be any ongoing impacts of the grant program after is completed?:  NA  4. List the responsibilities of other departments (ifany) and impacts on them in preparing the grant application The controller's office willl be responsible for setting up an account for reimbursement,  or performing the scope of worki if the grant is awarded:  5. Total program costs, including portion funded through grant revenues and any required City Contribution:  $21,740.50 with no required City Contribution  6. Source of funding for any required City Share:  NA  7. Compliance and audit requirements, paying special attention to the grantorsadminstrative procedures  (reporting requirements, wage requirements, time and effort reporting, etc.):  City of Pasadena controller's office  PLEASE SAVE ACOPY OF THIS DOCUMENT AS CHANGES WILLI NOT BE AUTOMATICALLY SAVED.    What's Next After Grant Application has been approved by the Grantor/Granting Agency:  Award Notification and Acceptance Procedure  1. All departments that receive a grant award shall date stamp, duplicate, and forward a copy of the award notification, the grant agreement or contract, and any memorandao ofunderstanding to Compliance Officer within 2 days of receipt. 2. Awards granted to the City must be formally authorized by City Council.  a) The Project Manager shall prepare the Agenda request (ordinance) for City Council authorization for the Mayor to execute the Grant Agreement and related documents. Please note: The Controller's office and the Budget Department signatures are required on the ordinance prior to turning in to the City Secretary b) The Department Director or Project Manager must ensure that the grant agreement or contract and all other necessary documents (i.e. Certification of funds if c) After the agenda request has been approved by City Council, all signatures from both the City and the Grantor must be obtained. The department must then provide an original of the fully executed (signed) grant agreement to the City Secretary and a copy to the Compliance Officer when the fully executed grant agreement is returned  for placement on the agenda for Council approval.  necessary) is attached to the Agenda request.  to the City by the grantor.  3. For a MOU, prepare a council agenda request (resolution) to arceptreimbursement  funds.  PLEASE SAVE A COPY OF THIS DOCUMENT AS CHANGES WILL NOT BE AUTOMATIÇALLY SAVED.    Good morning DTFC & SLOT Coordinators,  Attached are the updated forms you will need to facilitate the submission ofl FY2025 State and Local Overtime (SLOT) reimbursements, SLOT reprogramming requests, and MOA requests. Please forward this notice to your first line supervisors for their information. FY. 2025 State and Local Overtime (SLOT) Cap from all sources is $21,740.50.  FY25 Forms and Reminders:  The attached forms must be used for FY2025 submissions. Outdated forms will not be o (Note: The attached FY25. SLOT Ledger accepts both Nforce and Spartan Case Digital and electronic signatures are accepted on all forms and are encouraged as they are  accepted.  Numbers.)  more. legible on scanned SLOT documents. ATF Fe3400.24 - Overtime Ledger  Submissions are due on the 10th ofevery month Notify SLOTQatf.gov once a file is uploaded For the new fiscal year update the document number to 25-  Note - Line Total automatically calculates once the hours and rate are entered Donot type into the "line total" colum, a formula will calculate the total. All overtime claimed for work completed during a "split shift" in a single Please refer to the "How to Combine Multiple Ledgers" documents for assistance Ifyou need to add an ORG code to the dropdown list, please contact the SLOT  workday MUST be notated within the comment box. with preparing the 10th day submission  team  ATFFCK0025-FY20S Authorization and Review Statement Submissions are due on the 20th ofe every month Notify SLOTQatf.goy, once ai file is uploaded  Itisn required that the correct agency's" Taxpayer Identification Number (TIN) is Any handwritten changes to the Authorization and Review Statement require a Modification to SLOT Invoice memo signed by the RAC/GS or SLOT All handwritten changes to the Overtime Ledger require the RAC/GS to initial The RAC/GS must validate and sign each officer's Overtime Ledger  listed Coordinator next to the change  FY25 Allotment Request links have been distributed and are due on or before close of business  on October 11, 2024. Please contact me for questions or instructions.  Additional Reminders for SLOT Requirements:  The combination of overtime funding for an individual officer, from whatever source derived, such as SLOT, Organized Crime Drug Enforcement Task Force (OCDETF) or High Intensity Drug Trafficking Areas (HIDTA), cannot exceed the fiscal year overtime cap. The salary cap does not mean an officeri is    entitled to the full amount nor: should there be any type of expectation to Only sworn state, county and local law enforcement officers are eligible for the reimbursement of SLOT and do not require deputation through ATF. Sworn state, county and local law enforcement officers shall not be deputized solely for Must have prior approval from RAC/GS and the activity must be supporting an open ATF criminal investigation (not a criminal intelligence investigation). SLOT cannot be used to cover compensation normally part of an officer's base pay/salary. Employment benefits shall not be calculated within the officer's rate. TFO workweek and work hours shall be the same as those of the field office to which the TFO is assigned. The Field Division SAC shall determine the TFO travel days while on official authorized Government travel status and/or the fulfillment of mandatory ATF training requirements shall not be considered The training and feeding of ATF canine after scheduled work hours shall not be  earn the full amount.  receiving SLOT.  scheduled workweek and regular hours for the TFOS.  overtime and SLOT shall not be paid. reimbursed with SLOT funds.  Must have an active and current MOA signed by all parties.  Our first quarter DTFC/SLOT Teams meeting is scheduled for October 7th, 2024, at Ipm. Ify you have any questions or concerns, please hold them until our meeting or email the SLOT section  at SLOTQatf.gov. Thank you,  Theresa Skokowski Program Manager - JLEO Program Resource Management Branch Field Management Staff Field Operations e:( (215)528-9430 hersaskokowaeAtgow  Department of. Justice Bureau of Alçohol, Tobacco, Firearms and Explosives    AGENDA REQUEST  Iesie  ORDINANCE  RESOLUTION  Resok NO: 2024-  CAPTION: RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE DOCUMENTS RELATED TO THE APPLICATION FOR ON-SITE SEWAGE FACILITY NEW  CONSTRUCTION FOR THE PASADENA MUNICIPAL GOLF COURSE.  RECOMMENDATIONS & JUSTIFICATION: THE APPLICATION IS FOR A NEW SEPTIC SYSTEM THAT WILL REPLACE THE CURRENT SYSTEM. THE SEPTIC SYSTEM CURRENTLY AT THE PASADENA MUNICIPAL GOLF COURSE IS NOT SUFFICIENT ENOUGH FOR THE  UPCOMING PAVILION AND KITCHEN.  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED: N/A  REQUIRES APPROPRIATION: Bee attached Certification Mhhin Victor R. Rendon REQUESTING PARTY (TYPED).  COUNCIL ACTION  DATE:10/22/2024  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED: CITY MAYOR  DATE DEFERRED:  DATE  e  Gpwry    RESOLUTION NO. 2024-  A Resolution authorizing the Mayor or his designee to execute documents related to the Application for on-site sewage facility new construction for the Pasadena Municipal Golf Course.  WHEREAS, the application is for a new septic system that  will replace the current system; and  WHEREAS, the septic system currently at the Pasadena  Municipal Golf Course is not sufficient enough for the upcoming  pavilion and kitchen; NOW, THEREFORE,  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA:  SECTION 1.  That the City Council hereby authorizes the Mayor or  his designee to execute documents related to the Application for on-site sewage facility new construction for the Pasadena Municipal  Golf Course attached hereto as Exhibit "A".  SECTION 2.  That the City Council officially determines that a  sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  PastunsoirCourse.onsiteseaye.beruteDocuments24    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  PasHuncoirCourse.onsitesewaye.BKecuteDocuments24    Texas Commission on. Environmental Quality APPLICATION: FOR ON-SITE SEWAGE FACILITY  KQUSEQSIN APTATIONNO PARRNET AVOUNSI  EATE Op  NEW CONSTRUCTION TCEQ REGION NUMBER COUNTY OF INSTALLATION  1. PROPERTY OWNER'S NAME: City of Pasadena  (Last)  (First)  (Middle)  2. CURRENTMAILING: ADDRESS: 1149 Ellsworth Dr Pasadena, TX 77506  3. HOME) PHONENO.:. ( 713) 475-1511 5. PROPERTYLEGALDESCRIPTION: Acreage:154.62 Plat Date:  OTHER or FAXNO.:. C )  4. 911 SITEADDRESS:  Subdivision name (ifa applicable):  PLEASEA ATTACH VERIFICATION OFI LEGAL. DESCRIPTION: SUCH. AS. A COPYOF: DEED,PLATMAP,: SURVEY,  OR OTHER DOCUMENTATIONA CONTAINING. LEGAL. DESCRIPTION  6. DIRECTIONSTOSITE:  7. SOURCE OF WATER: D Private Well 8. SINGLE: FAMILY RESIDENCE: No.ofBedrooms:  Public Water Supply  (Name of Supplier)  Living Area (fta):  COMMERCIAL/INSTTTUTIONAL (other than single-family yresidence): TYPE: Golf Course BUSINES/ISTTUTIONN NAME-Pasadena Municipal Golf Course  RESPONSIBLE OFFICIAL: 10. SITE: EVALUATOR: PHONENO.: MAILING ADDRESS: 11. INSTALLER: PHONE1 NO.: MAILING. ADDRESS:  NO. OFEMPLOYEES/UNIS: LICENSENO.. STATE: LICENSE: NO.: ) STATE:  OTHER or FAXNO.: ( CITY:  ZIP:  OTHER or FAXNO.:. C CITY:  ZIP:  Ic certify that the above statements are true and correct to the best of my knowledge. Authorization is hereby given to the' Texas Commission on Environmental Quality to enter upon the above described property for the purpose of soil/site evaluation and investigation  of an on-site: sewage facility. SIGNATURE OF OWNER:  DATE:  This application mayl be executed in separate and multiple counterparts, which together shall constitute: as single instrument. Any executed: signature on this agreement mayl bei transmitted by digital ore electronict transmission, includingl but notl limited to facsimile transmission ande electronic mail. Any signature affixed to1 this application shall constitute: an original signature for all  purposes.  TCEQ-02350 (rev.og/01/2011)  Pageiof2 EXHIBIT "A"    Texas Commission on Environmental Quality ON-SITESEWAGE FAÇILITY TECHNICALINFORMATION FOR PERMIT  PROFESSIONALI DESIGN REQUIRED?: Yes ONo Ifyes, professional design attached: Yes ONo  Designer Name: Phone No. L ) Mailing Address:  License' Type: andi No.. Other or Faxi No. C  City:  State:  Zip:  I. TYPE AND SIZE OF PIPING FROM: XAMPIE4SCI4ONO  Stub out tot treatment tank: Treatment tank to disposal system: II. DAILYWASTEWATER USAGE RATE: Q= Water Saving Devices: Yes DNo III. TREATMENTUNITS): a SepticTank  (gallons/day) OA Aerobic Unit Manufacturer  A.. Tank Dimensions: Size Proposed: Material/Model #: Pretreatment Tank: Pump/Lift Tank: B.C OTHER IV. DISPOSALSYSTEM: Disposal Type: Manufacturer: and Model: Area Proposed:  Liquid Depth (bottom of tank to outlet):.  (gal).  Yes Yes ONo  SIZE: SIZE:  (gal) (gal)  ONo ONo  ONA ONA  Yes  Ifyes, please attach description.  square feet  V. ADDITIONALINFORMATION:  NOTE-THIS INFORMATION: MUST: BEATTACHED FORI REVIEW: TO BE COMPLETED. DONOTBEGINCONSTRUCTION. PRIOR TOOBTAININGAUTHORIZATIONTO CONSTRUCT. UNAUTHORIZED CONSTRUCTION CANRESULTINCIVILAND/ORADMINISTRATIVE  A.Soil/Site evaluation  B. Planning materials (If Applicable)  PENALTIES.  SIGNATURE OF INSTALLER OR DESIGNER:  DATE:  Ifyou have questions on how tof fill out this form or about the on-site sewagef facility program, please contact us at your local regional office or at; 512/239-3799. Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. This application may be executedi in separate and multiple counterparts, which together shall constitute as singlei instrument. Any executed: signature on this agreement may be transmitted by digital ore electronici transmission, including but notl limitedto facsimile transmission and electronic mail. Any signature affixed to this application shall constitute an original signature for all  Tor review such information, contact us at 512/239-3282.  purposes.  TÇEQ-0235 (revo9/01/2011)  Page 2 of2    AFFIDAVIT TO THE PUBLIC  THE COUNTY OF Harris STATE OF TEXAS  CERTIFICATION OF OSSFLOCATED ON TWO OR MORE TRACTS OF LAND  According to Texas Commission on Environmental Quality Rules for On-Site Sewage Facilities, this document is  filed in the deed records of Harris  County, Texas.  I  The Texas Health and Safety Code, Chapter 366 authorizes the Texas Commission on Environmental Quality (TCEQ) to regulate on-site sewage facilities (OSSFs). Additionally, the Texas Water Code (TWC), $5 5.012 and $ 5.013, gives the TCEQ primary responsibility for implementing the laws of the State of Texas relating to water and adopting rules necessary to carry outi its powers and duties under the TWC. The TCEQ, under the authority of the TWC and the' Texas Health and Safety Code, requires owner's to provide notice to the public that certain types of OSSFS are located on specific pieces of property. To achieve this notice, the TCEQ requires a deed reçording. Additionally, the owner must provide proof of the recording to the OSSF permitting authority. This deed certification is not a1 representation or warranly by the' TCEQ of the suitability oft this OSSF, nor does it constitute  any guarantee by the TCEQ that the appropriate OSSF was installed,  I  An OSSF meeting the requirements of 30 Texas Administrative Code $285 will be installed on the property  described as: (insert legal description):  TR2C (MUNICIPAL GOLF COURSE) ABST3 387 HT&BRRCOSEC1 The property is owned by: (insert owner's full name) City of Pasadena  This OSSF is located on two or more separate legal tracts of1 land and the tracts cannot be sold separately. This document: must be recorded with each tract's property deed affected by the OSSF. The owner will, upon any sale or transfer of the above-described property, requést a transfer oft the permit for the OSSF to the buyer or new owner. A copy of the planning materials for the OSSF can be obtained from the  appropriate TCEQ Regional office.  WITNESS BY HAND(S) ON'T THIS  DAYOF  Owner)signanurel)  SWORNTO. ANDSUBSCRIBED BEFOREME ON THIS DAY C OF  Notary Public, State ofTexas Notary's Printed Name: My Commission Expires:    AGENDA REQUEST  ORDINANCE  RESOLUTION  e  ResoL NO: 2024-  CAPTION: RESOLUTION SEEKING APPROVAL TO APPLY FOR A $191,680 GRANT FOR THE FY 24 ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM TO PROCURE ENERGY-EFFICIENT IGHYING AND CONTROLS (FIRE STATION #4, MAINTENANCE SERVICES BUILDING, CITY HALL, AND ARMORY PUBLIC WORKS BUILDING), UPGRADE HVAC EQUIPMENT, AND CONDUCT HVAC SYSTEM IMPROVEMENTS RECOMMENDATIONS & JUSTIFICATION: THERE IS NO MATCH REQUIRED FOR THIS GRANT AND FUNDS WOULD IMPACT NEARLY ALL AREAS OF THE FACILITIES, WHICH WILL THE GRANT IS ADMINISTERED BY THE 0.s. DEPARTMENT OF ENERGY'S OFFICE OF  (MAINTENANCE SERVICES BUILDING).  INCREASE THE EFFICIENCY.  STATE AND COMMUNITY ENERGY PROGRAMS.  (IF ADDITIONAL SPACE IS REQUIRED, PIEASE ATTACH SECOND PAGE)  BUDGETED: REQUIRES APPROPRIATION: Secattached  COUNCIL DISTRICT(S) AFFECTED: N/A  COUNCIL ACTION  ALLANTEAGUE REQUESTING PARTY (TYPED) Ehaumh BUDGET DEPARTMENT  FIRST READING:  FINAL READING:    MOTION SECOND  MOTION SECOND  PURCHASING DEPARTMENT APPROVED: CITY mle MAYOR,  DATE DEFERRED:  DATE  Owh    RESOLUTION NO. 2024-  A Resolution authorizing and approving the submission of an application to apply for a $191,680.00 grant for the FY24 Energy Efficiency and Conservation Block Grant (EECBG) Program to procure energy efficient lighting and controls (Fire Stations #4, Maintenance Services Building, City Hall and Armory Public Works Building), Upgrade HVAC Equipment, and Conduct HVAC System  Improvements (Maintenance Services Building)  WHEREAS, there is no match required for this grant; and WHEREAS, funds would impact nearly all areas of the  Facilities, which will increase the efficiency; and  WHEREAS, the grant is administered by the U.S. Department  of Energy's Office of State and Community Energy Programs;  NOW, THEREFORE,  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the Mayor and/or his duly authorized designee is hereby authorized and directed to execute for and on behalf of the City all documents and materials as may be necessary to make application for the FY24 Energy Efficiency and Conservation Block Grant (EECBG) Program to procure energy efficient lighting and controls (Fire Stations #4, Maintenance Services Building, City Hall and Armory Public Works Building), Upgrade HVAC Equipment, and Conduct HVAC System Improvements Maintenance Services Building); and authorizing the Mayor and/or his designee to act as the City's Executive Officer(s) and authorized representative in all matters pertaining to the City's participation in the FY24 Energy  GrantAppMaintserv.FY24EECBGPrO-PROCUREELAgnting-VariousBulldings24.doc    Efficiency and Conservation Block Grant (EECBG) Program to procure energy efficient lighting and controls (Fire Stations #4, Maintenance Services Building, City Hall and Armory Public Works Building), Upgrade HVAC Equipment, and Conduct HVAC System  Improvements Maintenance Services Building).  SECTION 2. That the City Council of the City of Pasadena, Texas hereby authorizes the Mayor and/or his designee, the power to accept, reject, or alter the grant as may be necessary to  effectuate this transaction.  SECTION 3. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  (SIGNATURE AND APPROVAL NEXT PAGE)  GrantAppMaintserv.FY24EECBGPrO9-PROCUROCUREELighting-VariousBulldings24.doc    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED:  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  GrantAppMaintserv.FV24ECHGPIOg-PHOCURELAgNting-Varioussuildings24.doc    City of Pasadena, TX Grant Request Form  EST.  1893    Purpose of Form:  Grant revenues are an important part of the City's overall resource picture, especially in funding capital improvements. Actively seeking out grant revenues that assist in achieving identified City goals and objectives The purpose of this formi is to assist in ensuring that each grant application submitted by or on behalf of the City is aligned with an established City priority, meets the City's expectations of document quality, has matching funds available if required by grantor, and that the means for continuation of the project or program after the  play a key role int the City's overall financial health strategies.  grant period ends has been given realistic consideration.  Directions for completing form:  The Grant Form and all supporting documents (granti information, Agenda Resolution, etc.) should be completed and routed to Budget Attn: Compliance Officer TWO WEEKS PRIOR to the City Secretary's Agenda Deadline to allow for proper review and routing for placement on the City Council Agenda. Documents not submitted in a timely fashion will not be placed on the City's Agenda for approval by City Council. Please be mindful of the  Grantor's Application Deadline requirements.  Definitions:  Federal, State and Local Governmental Grants all have a specific purpose and are subject to Single Audit and Memorandum of Understanding (MOU) are where Joint Law Enforcement Operations are reimbursed for overtime by ai federal department after the city carries out a public purpose described in the MOU. Even though these funds come from the federal government and are considered a reimbursement of operational expenditures, they are not a grant. These funds are not subject to Single Audit and are posted in a general fund Funds from a Non-Profit and Other Agencies are considered donations and/or gifts and are not part of this policy and are not subject to Single Audit and follow the City's standard Donation Procedures. Private indicates a grant is being provided by a non-federal or non Not-for-Proft agency.  are reported In the Grant Management Funds.  revenue account.  Anticipated Costs: this is the estimated amount that is required to complete the project for which the grant is being applied. Should the grant not cover the cost of the project, the department must determine if available  funds are available from the City to cover the expense.  Should you have any questions concerning thet type ofg grant you are applying for, please contact Michelle Wilson,  Compliance Officer, at 713-475-7290 or email wisonepsadenaikgow  PLEASE SAVE A COPY OF THIS DOCUMENT AS CHANGES WILLI NOT BE AUTOMATICALLY SAVED.    City of Pasadena Grant Request Form  Requesting apartem-Maintenance Contact Name: Shalan Landry Contact E-mail: sandy@pasaoenalugow  Date:( October 11, 2024 Contact Phone:  713-920-7991  Grantor/Funding Agency:U.S. Department of Energy  Grant Amount:$191,680  Federal: MOU: TBD $216,680 Ves: Yes: Ves: Ves: V  State: Pass-Through:  Private Agency:  Type of Grant (select):  Application submission deadline: October 31, 2024  Duration of Grant: Anticipated Costs: Match Requirements: IfMatching required, are funds available? Reporting Requirements: Other departments impacted by use of Grant CFDA# #  No: No: No: No:  Amount/Percentage: Fund #: Type of Reporting:  Financial:  Compliance:  Specify Departments: Budget, Controller's Office  Purpose/lustification of Grant (need/benefit; alignment with City! Strategic Plan; etc):  The Cityo ofF Pasadena plans tor replace existing fluorescent, metall halide, high-pressure sodium, ando otheri inefficient! lighting with! LED ati four different buildings within  Pasadena. Thef funds willa alsob beu used toi install occupancy City Hall- 11498 Ellsworth Dr. Pasadena, TX7 77506 Maintenances Services 31241 Red Bluff, Pasadena TX77503 Fire Station #4- 101 Queens Rd. Pasadena TX7 77502 Armory PublicV Works- 3105 San Augustine Pasadena, TX77503 EECBGI funds fora aret to replace these systems with EnergySTAR equivalents systems.  andI lighting controls atl thesel locations. Thel locations arel listed below:  Ther remaining funds will beu used to replace existing splits system DXI HVAC: systems, throughout its maintenance services building. Pasadena willl ber replacing a total of9b tons OfHVAC equipment att their maintenance: services building. Most oft thel HVAC equipment is 15) years or older. Ther requested equipment iny which Pasadena willl be usingt the  Impact to Fiscal Year Budget: Additional Employees Required: Total anticipated Salary Expense: Total Anticipated Benefit Expense: Contractual Services Required: Materials/supplies anticipated cost: Requestor Signature  Yes: Yes:  No: No:  #R Required: Anticipated cost:  Date: 10/2213024 Date: 10l22/a) Date: 10-02224/ Date: 10-33-24  Approvals:  Rhacs  Budget Director: Sheus Wprk Compliance Officer: MglnHe  Controller:   CY  PLEASE SAVE ACOPY OF1 THIS DOCUMENT AS CHANGES WILL NOT BE AUTOMATICALIY SAVED.    City of Pasadena Grant Benefits and Cost Analysis  Fund Source: Grant Title:  u.s. Department of Energy  Energy Efficiency and Conservation Block Grant (EECBG)  Grant Application Due Date by Grantor: October 31, 2024  Please answer each of thei following questions to support the Grant Benefit and Cost Analysis.  1. What is the purpose of the grant and describe its consistency with the identified City goals and objectives: The City is undergoing an Investment Grade Audit (IGA) and has set a goal to decrease electric consumption by 5% by 2025, with a commitment to continue this trend annually thereafter, which aligns with the Texas Health and Safety Code $388.005(c). This granti is instrumental in securing that 5% reduction in energy 2. Describe any additional staffing, office space, facilities, supplies, or equipment that will ber requiredi if the  usage. grant is awarded: N/A  3. Will there be any ongoing impacts of the grant program after is completed?:  There will be no ongoing impacts once the closeout process has been completed.  4. List the responsibilities of other departments (if any) andi impacts on them in preparing the grant application The Budget department will handle grant compliance, administration, and reimbursement requests. The Controller's Office will monitor incoming funds and reimbursements. 5. Total program costs, including portion funded through grant revenues and any required City Contribution: The total strategy cost is $216,680. The EECBG Program allocation amount is $191,680. The City has budgeted $25,000 (20300-7905) for the HVAC improvements in FY25.  or performing the scope of work if the grant is awarded:  6. Source of funding for any required City Share:  No City match required, however $25,000 will come from 20300-7905.  7. Compliance and audit requirements, paying special attention to the grantorsadministrative procedures NEPA Requirement, Texas Historical Commission Requirement, BABA Requirement, 2018 IECC, NEC, Pre and Post Photos, Davis Bacon Act Reporting of Wages, ASHEA Level 3 Audit, Pre and Post Utility Bills, and Monthly, Quarterly and Final Narrative  (reporting requirements, wage requirements, time and effort reporting, etc.):  Project Report.  PLEASE SAVE A COPY OF THIS DOCUMENT AS CHANGES WILL NOTI BE AUTOMATIÇALLY SAVED.    What's Next After Grant Application has been approved by the Grantor/Granting Agency:  Award Notification and Acceptance Procedure  1. All departments that receive a grant award shall date stamp, duplicate, and forward a copy of the award notification, the grant agreement or contract, and any memoranda of understanding to Compliance Officer within 2 days of receipt. 2. Awards granted to the City must bei formally authorized by City Council.  a) The Project Manager shall prepare the Agenda request (ordinance) for City Council authorization for the Mayor to execute the Grant Agreement and related documents. Please note: The Controller's office and the Budget Department signatures are required on the ordinance prior to turning in to the City Secretary b) The Department Director or Project Manager must ensure that the grant agreement or contract and all other necessary documents (i.e. Certification of funds if c) After the agenda request has been approved by City Council, all signatures from both the City and the Grantor must be obtained. The department must then provide an original of the fully executed (signed) grant agreement to the City Secretary and a copy to the Compliance Officer when the fully executed grant agreement is returned  for placement on the agenda for Council approval.  necessary) is attached to the Agenda request.  to the City by the grantor.  3. For a MOU, prepare a council agenda request (resolution) to accept reimbursement  funds.  PLEASE SAVE A COPY OF1 THIS DOCUMENT AS CHANGES WILL NOTI BE AUTOMATICALIY SAVED.    EECBG Program Equipment Rebate Application  Contents  PART A: Recipient Information  PARTB: Energy Efficiency and Conservation Strategy Part C: Equipment Rebate Application Section 1: Project information Section. 2: Project Description Section 3: Budget Section 4: Program Metrics  Section 5: Compliance Requirements for Equipment Rebate  Part D: Authorized Applicant Assurance Letter Part E: Terms and Conditions  PART A: Recipient Information Recipient Name: City of Pasadena, TX Address: 1149 Ellsworth Dr. Pasadena, Texas 77506 Taxl ID or UE!: UNKC66VKKM5 Primary Point of Contact: Anal Espinoza  1. Have you completed an EECBG Program Pre-Award Information Sheet? YES  2. Type of Organization: Please indicate type of organization of the Recipient: LOCAL GOVERNMENT  3. Planned' Voucher Use: EQUIPMENT REBATE VOUCHER  4. Teaming Plan (optional)*  Ify you are planning to team with other entities in the planning and use of your EECBG Program Funds, please list  team recipient locations, primary points of contact, and contact information here:  Recipient Location Primary Point of  Email Address  Phone Number  Contact  PART B: ENERGY EFFICIENCY AND CONSERVATION STRATEGY  Local and1 tribal governments must submit an Energy Efficiency and Conservation Strategy with their voucher application to meet the statutory requirements for the EECBG Program. The Department of Energy prepared EECS templates for local andi tribal governments to guide their development oft the EECS. The templates are optional, but    applicants must provide the information outlined in Part A of the EECS template to meet thel EECS requirement. The voucher application, once released willi include ai fillable for that requests the same information outline ini the Ifyoun need help developing your EECS, free technical assistance can be requested by emailing EECS_TA@nrel.goy  Part B of the EECS template is optional. templated linked above.  PART C: EQUIPMENT REBATE APPLICATION  Section 1: Project Information  1. Equipment purchased installed using the rebate will serve thet following sectors: LOCAL GOVERNMENT 2. The equipment purchased and installed using the rebate aligns with thet following categories of EECBG  Program eligible uses* RESIDENTIAL AND COMMERCIAL BUILDING AUDITS  Section: 2: Project Description  1. ASummary of the proposed equipment rebate project including: a. Asummary of requested equipment: and associated materials:  The City of Pasadena plans to replace existing fluorescent, metal halide, high-pressure sodium, and other inefficient lighting with LED ati four different buildings within Pasadena. The funds will also be used to install occupancy sensors and lighting controls at these locations. The locations are listed below:  City Hall-1149 Ellsworth Dr. Pasadena, TX77506 Maintenances Services-3124. Red Bluff, Pasadena TX 77503 Fire Station #4-101 Queens Rd. Pasadena TX77502 Armoryl Public' Works - 3105 San Augustine Pasadena, TX77503  The remaining funds will be used to replace existing split system DXI HVAC systems, throughout its maintenance services building. Pasadena will be replacing at total of 91 tons of HVAC equipment at their maintenance services building. Most of the HVAC equipment is 15 years or older. The requested equipment inv which Pasadena will be using the EECBG funds for are to replace these systems with EnergySTAR  equivalent: systems.  b. B. Does the equipment rebate project serve disadvantaged communities (DACs)? Please explain:  According to the energy justice mapping tool, the City of Pasadenal is a disadvantaged community. It's total disadvantaged community score is 26, and ranks int the 99%i ini the state and 100% in the nation based on all  thei indicators that the DOE lists to score disadvantaged communities.    a Seaich OR TRACT GeolD TRACT TRACT 48201322100 City: Pasadena County:H Harris State: TX Population:4,246 DisadvantagedStatus: Disadvantaged National State Disadvantaged Ranking: Ranking: Communitys Score: 100 26 Indicator National Value Percentile RMPP Proximity 100% CancerR Risk 99% Uninsured 99% Unemplayed 98% LessHSEducation 98%6 Fossilenergy 94% employment NPLP Proximity 93% WaterD Discharge 93% OutageEvents 93%  48201322100 CyF County Hams State TX  6.37 65.72 31% 18% 41% 0.38% 0.4 0.72  Disadvantaged Communities! Legend Disadyantaged Communities (DACS) TrbalLands/U.S. Territories DOED DauicesTDats  FullReport  OpenSieeskup  The maintenance services building also falls into a disadvantaged community based on the Department of Energy  map, as well as the CJEST map. The census tract that this facility falls into, can be seen below.  G a  Q3 3124ReGBMIRcso Pasadena. Texas 71503 Unteds Sutes TRACT GeolD TRACT TRACT 48201323100 ChyP Pasadena County: Hanis Slate:T TX Population:4.006 MUDQCTNEO Daadanugedsatust Disadvantaged Burdens e Climated change Energy Health Housin Tramportation  DACs) Tentories  Fullarpar  CMacoo Oonsyerui  Pasadena's City Halli is also located in a disadvantaged community based on the DOE and CJEST map. The census  tracts fort this facility can be seen below.    Q 11496 Elisworth Drive, Pasadena, Texas 77506,01  OR GeoiD  TRACT TRACT TRACT 48201323000 City: Pasadena County: Harris State: TX Population: 6,870 HUDQCT:Yes 0 Disadvantageds Status: Disadvantaged Burdens 0 Climate change Energy Health Housing Legacy pollution Transportation Water and wastewater  48201321900 Ciy: Pasadena County. Harris Slate TX  + + +  DOE  CEJST Compare Disadvantaged Communities Legend - Disadvantaged Communities (DACS) a Triball Lands/ /U.S. Territories Source DOED DatalCEJSTData  +  2  Full Report  CMapbox oOpenStreelMap Improwi  Fire Station #4 is also located in a dsscventegedcommunya The map displaying its census block can bes seen  below. OR TRACT GeoiD TRACT TRACT 48201322100 City: Pasadena County: Harris State:TX Population: 4,246 HUDQCT: Ves e Disadvantaged: Status: Disadvantaged Burdens @ Climatec change Energy Health Housing Legacy pollution Transportation Watera andv wastewater  a 1010 Queens Road, Pasadena, Texas 77502. Unit  + +  Disadvantaged Communitles! Legend a a Disadvantaged Communities (DACs) a Triball Lands/ /U.S. Territories Source: DOEC Datal ICEJSTData mopbon  Full Report    The armorypublic works building is also located in a disadvantaged community, andi it's census block can be seen  below.  Q 31059 SanA Augustine Avenue, Pasadena, Texas7 7;  OR GeoD  TRACT TRACT TRACT 48201323100 City: Pasadena County: Harris State: TX Population:4,066 HUDQCT:Ves 0 Disadvantaged: Status: Disadvantaged Burdens 0 Climatec change Energy Heatth Housing Legacy pollution Transportation Watera andw wastewater  S  + + + + + +  Compare  Disadvantaged Communilieslegend a Disadvantaged Communities (DACS) D a TribalLands/ /U.S. Territories Source: DOED DatalcEJSTData  0  FUlIR Report 2. Installation plans:  OMapbox cOpenSireelMap Improvet thisn map  a. Doy you plan to use your equipment rebate to cover install costs? YES b. Doy you plan to use in-house staff to conduct installation? NO  3. 3. Requested equipment Information Including:  a. Physical addresses of equipment installation location including Street Address, City, State, and Zip  +4 code.  The HVACI retrofit will be done at thei following City Facilities:  Maintenance Services - 3124 Red Bluff Pasadena TX77506 The LED lightingretrofit will be done at1 thet following City Facilities: City Hall-1149 Ellsworth Dr. Pasadena, TX77506 Maintenances Services - 3124 Red Bluff, Pasadena TX77506 Fire Station #4- -101 Queens Rd. Pasadena TX77506 Armory Public' Works - 3105 San Augustine Pasadena, TX7 77506    b. Detailed equipment information includingi if applicable, brand name, model number, capacity,  efficiency, and/or SEER rating etc. i. HVAC Current Equipment: Unit Conditi Manufactur Model  Site  Yea Ag Coolin Refrigera Ton EER SEE r e gType ntType S  Type on  er York York ICP  R  Maintenan Split Fair ce Center System Maintenan Split Fair ce Center System Maintenan Split Fair ce Center System  H1RD036S46 200 15 DX MC36B3XH1 200 15 DX CAC036HAA 200 23 DX  R22 R22 R22  3 0 3 0  B H  9 9 1  (Outdo orUnit) (Indoor Unit) (Outdo orUnit)  3 9.343 10.2 2  ii. Current Lighting Equipment:  Interior/Exteri Facility  Room Type  Lighting Description (Existing System)  Qtyof Existin g Fixture sin Scope  or  Name  Interior Interior Exterior Exterior Exterior Exterior Exterior  Armory (Public Works) Armory (Public Works) Armory (Public Works) Armory (Public Works) Armory (Public Works) Armory (Public Works) Armory (Public Works)  Warehouse Restroom Building Perimeter Building Perimeter Building Perimeter Building Perimeter Building Perimeter  Existing (2) 32 Watt T8 Linear, 41 Foot Fluorescent 1 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (1)3 32 Watt T81 Linear, 4 Foot Fluorescent 1 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<BfK<.95) Ballast Existing (1) 150 Watt Bd17 High Pressure Sodium 4 Lamp/Screw In, Medium Base/Magnetic, Standard Existing (1) 1000' Watt Bt56 Metal Halide Lamp/Screwi In, Mogul Base/Magnetic, Standard Existing (1) 48 Watt Dedicated LED Fixture with Existing (1): 26 Watt Multi Tube Compact Fluorescent Lamp/4 Pin Base/Electronic Ballast Existing (1): 26 Watt Multi Tube Compact Fluorescent Lamp/4 Pin Base/Electronic Ballast  Ballast Ballast Driver  2 20 1 3    Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior  Armory (Public Works) Armory (Public Works) #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4  Storage Storage  Existing (2): 32) Wattl T8! Linear, 41 Foot Fluorescent 1 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95)! Ballast Existing (2): 321 Watt T8 Linear, 4 Foot Fluorescent 1 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95)! Ballast Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (2) 32 Watt T8 U-Bend, 6" Spacing Fluorescent Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Fluorescent Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Fluorescent Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (2) 32Watt T8 Linear, 41 Foot Fluorescent 1 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (3) 321 Watt T8 Linear, 41 Foot Fluorescent 6 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (2) 32 Watt T8 Linear, 41 Foot Fluorescent 2 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (1): 26 Watt Multi Tube Compact Fluorescent Lamp/4 Pin Base/Electronic Ballast Existing (2) 32' Watt T8 Linear, 4 Foot Fluorescent 3 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (1)2 26 Watt Multi Tube Compact Fluorescent Lamp/4 Pin Base/Electronic Ballast Existing (3): 32 Watt T8 Linear, 4 Foot Fluorescent 4 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (2) 32 Watt T8 U-Bend, 6" Spacing Fluorescent Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (2) 32 Watt T8 Linear, 4 Foot Fluorescent 3 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (2): 32 Watt T8 Linear, 41 Foot Fluorescent 1 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output(854BK.95) Ballast  Fire Station Office <= 250 Existing (3) 32 Watt T8 Linear, 4F Foot Fluorescent 2  SqFt  Fire Station Vestibule  1 11 1  Fire Station Kitchen Food Existing (2): 321 Watt T8 U-Bend, 6" Spacing Fire Station Kitchen Food Existing (2) 32) Watt T8 U-Bend, 6" Spacing  Prep Prep  Fire Station Storage Fire Station Classroom Fire Station Restroom Fire Station Restroom Fire Station Restroom Fire Station Restroom Fire Station Weight Fire Station Vestibule Fire Station Mechanical  Training  1  2  Exercise  1  Fire Station Communicatio Existing (3): 32' Watt T81 Linear, 41 Foot Fluorescent 1  nServer  Fire! Station Mechanical    Interior Interior Interior Interior Interior Interior Interior Interior Exterior Exterior Exterior Interior Interior Exterior Exterior Exterior Exterior  Fire Station Storage #4 Fire Station Office Open #4 Fire Station Mechanical #4 Fire Station Storage #4 Fire Station Mechanical #4 Fire Station Mechanical #4 Fire Station Storage #4 Fire Station Laundry #4 Fire Station Building #4 Fire Station Building #4 Fire Station ParkingLot #4 Maintenanc Hallway es Services Maintenanc Restroom eServices Maintenanc Building es Services Perimeter Maintenanc Building es Services Perimeter Maintenanc Building es Services Perimeter Maintenanc Building eServices Perimeter  Existing (3): 321 Watt T81 Linear, 41 Foot Fluorescent 2 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95)! Ballast Existing (3): 32 WattT8 Linear, 41 Foot Fluorescent 4 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (2): 32' Watt T8 Linear, 41 Foot Fluorescent 1 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (2) 32 Watt T8 Linear, 4 Foot Fluorescent 1 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95)! Ballast Existing (2): 321 Watt T8 Linear, 41 Foot Fluorescent 2 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (2): 32' Watt T8 Linear, 4 Foot Fluorescent 2 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing (3) 32' Watt T8 Linear, 41 Foot Fluorescent 1 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<,95) Ballast Existing (3): 32Watt T8 Linear, 41 Foot Fluorescent 1 Lamp/Bipin Base/Electronic, Instant Start, Normal Light Output (.85<Bf<.95) Ballast Existing( (1)1 18 Watt Cob, Standard Light Emitting 9 Diode Lamp/Screw In, Medium Base/No Ballast Existing (2) 26 Watt MultiTube Compact Fluorescent Lamp/4 Pin Base/Electronic Ballast Existing (1) 100 Watt Cob, Standard Light Emitting 8 Diode Lamp/Screw In, Medium Base/No Ballast Existing (1) 75 Watt Br38 Incandescent Lamp/Screwl In, Medium Base/No Ballast Existing (1) 60 Watt Arbitrary, Standard Incandescent Lamp/Screw In, Medium Base/No Existing (1) 18 Watt Cob, Standard Light Emitting 3 Diode Lamp/Screw In, Medium Base/No Ballast Existing (1) 100' Watt Ed23.5 MercuryVapor Lamp/Screw In, Mogul Base/Magnetic, Standard Existing (1) 175) Watt Ed28 Mercury' Vapor Lamp/Screwi In, Mogul Base/Magnetic, Standard Existing (1) 100 Watt R40 Mercury' Vapor Lamp/Screw In, Medium Base/Magnetic, Standard  Plan  Perimeter Perimeter  5  2 1  Ballast  1 1 1  Ballast Ballast Ballast    ii. HVACProposed! Equipment:  Site  Unit Type Manufacturer Model Cooling TypeRefrigerant TypeTonsSEER2HSPP2  Maintenance Split System  Center  (Outdoor Unit) Carrier  25VNA4 DX  R410A  19 11  Maintenance Split System  Center  (Indoor Unit) Carrier  FE4ANF003DX  R410A  3 19 11  Maintenance Split System  Center  (Outdoor Unit) Carrier  25VNA4 DX  R410A  18 10  iv. ProposedLED Lighting Equipment:  Interior/Exteri Facility  Room Type Qtyof Lighting  Quantity of Controls (Upgraded System) 0 0  Controls Description (Upgraded System) Inçluded on Other Line Included on Other Line  or  Name  Existing Description Fixtures (Upgraded in Scope 1 1 4 2 20 1 3  System) LED New Fixture, Wrap, Slim LED New Fixture, Wrap, Slim LEDI New Fixture, Wallpack LED New Fixture, Shoebox LED New Fixture, Wallpack LED New Fixture, Wallpack LED New Fixture, Surface Box  Interior Interior Exterior Exterior Exterior Exterior Exterior  Armory (Public Works) Armory (Public Works) Armory (Public Works) Armory (Public Works) Armory (Public Works) Armory (Public Works) Armory (Public Works)  Warehouse Restroom Building Perimeter Building Perimeter Building Perimeter Building Perimeter Building Perimeter    Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior Interior  Armory (Public Works) Armory (Public Works) #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4  Storage Storage  1 1  LED Type CT8 1 Retrofit LED Type CT8 1 Retrofit LED Retrofit Kit, Volumetric Door Style LEDI Retrofit Kit, Volumetric Door Style LED Retrofit Kit, Volumetric Door Style LED Retrofit Kit, Volumetric Door Style LED Type CT8 1 Retrofit LED. Retrofit Kit, Volumetric Door Style LED Retrofit Kit, Volumetric Door Style LED Retrofit Kit, Recessed Can Style LED Retrofit Kit, Volumetric Door Style LED Retrofit Kit, Recessed Can Style LEDI Retrofit Kit, Volumetric Door Style LED Retrofit Kit, Volumetric Door Style LED Type CT8 Retrofit LED Retrofit Kit, Volumetric Door Style LED Type CT8 Retrofit  New Occupancy Control New Occupancy Control  Fire Station Office <= 250 2 Fire Station Vestibule  SqFt  1  Fire Station Kitchen Food 11 Fire Station Kitchen Food 1 Fire Station Storage Fire Station Classroom Fire Station Restroom Fire Station Restroom Fire Station Restroom Fire Station Restroom Fire Station Weight Fire Station Vestibule  Prep Prep  1 6 2 1 3 2 4 1  New Occupancy Control  Training  Exercise  Fire Station Mechanical 3 Fire Station Communicati 1 Fire Station Mechanical 1  1  New Occupancy Control  on Server    Interior Interior Interior Interior Interior Interior Interior Interior Exterior Exterior Exterior Interior Interior Exterior Exterior Exterior Exterior Interior  Fire Station Storage  2  LED Retrofit Kit, Volumetric Door Style LED Retrofit Kit, Volumetric Door Style LED Type CT8 Retrofit LED Type CT8 1 Retrofit LED Type CT8 Retrofit LED Type CT8 Retrofit LED Retrofit Kit, Volumetric Door Style LED Retrofit Kit, Volumetric Door Style LED New Fixture, Wallpack LED Typel BI PL Retrofit LEDI New Fixture, Shoebox LED Retrofit Kit, Recessed Can Style LED Retrofit Kit, Recessed Can Style LED Retrofit Kit, Recessed Can Style LED New Fixture, Surface Box LED New Fixture, Barn Yard LED New Fixture, Flood Light Don't Do  #4 #4 #4 #4 #4 #4 #4 #4 #4 #4 #4  Fire Station Office Open 4 Fire Station Mechanical 1 Fire Station Storage  Plan  1  New Occupancy Control  Fire Station Mechanical 2 Fire Station Mechanical 2 Fire Station Storage Fire Station Laundry Fire Station Building Fire Station Building Fire Station Parking Lot Maintenanc Hallway es Services Maintenanc Restroom eServices Maintenanc Building eServices Perimeter Maintenanc Building eServices Perimeter Maintenanc Building es Services Perimeter Maintenanc Building es Services Perimeter Maintenanc Storage eServices  1 1 9 5 8 2 1 3 1 1 1 0  Perimeter Perimeter  0 0  Included on Other Line Included on Other Line  1  New Occupancy Control    C. Fuel source ofe existing equipment (e.g. electric, natural gas, oil, propane, etc) d. Fuel source of new equipment (e.g. electric, natural gas, oil, propane, etc.)  Electric and Natural Gas Electric and Natural Gas  4. Proposed timeline of purchase andi installation:  EECBG Application Submittal: October 11, 2024 EECBG. Approval and Announcement: December 2024 Equipment Final Spec and Design Complete: December 2024 EECBG Post Installment Documentation Completed: April 2025  Equipment Purchase: January 2025 Equipment Installation March 2025  Section 3: Budget  1. EECBG Program formula allocation amount.  a. $191,680  2. 2.Other leveraged funds, if applicable  a. Capital Improvement Plan Budget-HVACMaintenance Services: $25,000  3. Budget Summary    Site  Site No. 01 02 04 06  1 Lighting & Controls $ 60,268.00 $ 15,766.00 $ 45,020.00 $ 23,591.00 $ 144,645.00 144,645.00 71,903.00 216,548.00  2 HVAC Upgrades Split Systems $ $  Armory (Public Works) City Hall Fire Station #4 Maintenance Services Total  $ $  71,903.00 71,903.00  Lighting & Ctrls Maint HVAC Total  $ $ $  Budget Category Equipment Supplies Contractual Personnel Costs Other Direct Costs  EECBG Program $191,680  Other Leveraged Funds Total  $25,000 Total:  $216,680 $216,680  Section 4: Program Metrics:  1. For the purpose of planning, please specify the primary metric area for this activity. In your performance reporting, youwill be required to report metricsi fromi the selected metrics areas* RETROFITS  Section 5: Compliance Requirements for Equipment Rebate  This section describes those compliance requirement documents that must be submitted at1 thet time of application in order to fulfill the requirements oft the EECBG Program equipment rebate application. These documents will bei included as part of thet full equipment rebate application, once available.  1. NEPA! Statement of Work (usingtemplates provided by DOE) Historic Preservation Programmatic Agreement (PA): YES  NEPA sOW 2: My project involves ground disturbing activities: NO. My state or territory has an existing    2. ADavis-Bacon Act Assurance Letter  SEE ATTACHED  POSI-INSTALLATION. DOCUMENTATION FORI EQUIPMENT REBATE  1. Confirmation that procurement practices aligned with statutory requirements 2. Receipts or invoices from any equipment or material purchases 4.1 Time-stamped photos ofi installed equipment that include location data  3. Invoices from installation contractors  5. Assurance that purchased equipment is build America, Buy America compliant tifapplicable.  PART D: AUTHORIZED APPLICANT ASSURANCEL LETTER  SEE ATTACHED Part E: TERMS and Conditions  EECBG Program applicants must agree to the Terms and Conditions oft their federal award before beginning their project. Applicants havei the option of signingi the Terms and Conditions as part of the voucher application or once their application has been approved. A copy of the Terms and Conditions will be provided as part of the voucher  application on the' Voucher Application Portal.    AGENDA REQUEST  ORDINANCE  RESOLUTION  ResoM NO: 2024-  CAPTION: A Resolution confirming the Mayor's reappointment of Ray E. Santos, M.D. as the City of Pasadena Health Authority in accordance with  State Statute and City Ordinance.  RECOMMENDATIONS & JUSTIFICATION: It is hereby recommended to authorize and approve the reappointment of Ray E. Santos, M.D. to implement and  enforce laws to protect public health.  (IF ADDITIONAL SPACE IS REQUIRED, PIEASE ATTACE SECOND PAGE)  BUDGETED: X  COUNCIL DISTRICT (S) AFFECTED: ALL  REQUIRES APPROPRIATION: See attached Certification  Rkty Kathy Pegez  COUNCIL ACTION  DATE: : D0a5a4  REQUESTING PARTY (TYPED)  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT APRROVED: CITY L MAYOR  SECOND  SECOND  DAVME DEFERRED:  DATE  OAwr    RESOLUTION NO. 2024-  A Resolution confirming the Mayor's reappointment of Ray E. Santos, M.D. as the City of Pasadena Health Authority in BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby confirms the Mayor's reappointment of Ray E. Santos, M.D. in accordance with the Section 15-6 of the Code of Ordinances of the City of Pasadena, Texas and  accordance with State Statute and City Ordinance.  Section 121.021 of the Texas Health and Safety Code.  SECTION 2. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting  thereof.  (SIGNATURE AND APPROVAL - NEXT PAGE)    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF APPROVED: JAY DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS    City of Pasadena Health Department  Memo  To: From:  Mayor Wagner  Kathy Perez, Public Health Manager  Through: Jay Dale, City Attorney  Date: Re:  October 25, 2024  Health Authority Appointment Renewal  Ina accordance with Texas Health and Safety Code 121.021, the Health Department is submitting required documents to reappoint Dr. Ray E. Santos as Health Authority for the City of Pasadena. Upon approval, the position serves a term of two years, with no statute limitation on number oft terms served. Dr. Santos has served as Health Authority for the City of Pasadena since January 19, 2021. He also serves as Medical Director for the City of Pasadena Police Dr. Santos is qualified to serve as Health Authority as he is legally qualified to practice medicine Included with this memo is the Certificate of Appointment which will require the Mayor's signature; the Oath of Office which has been completed; and the Statement of Appointed Officer which has been signed by Dr. Santos. Also included is the Agenda Request and Resolution for  Department's SWAT unit.  in Texas and is a resident of Texas.  placement on Council's Agenda.    NTE Op  Certificate of Appointment  fora  Health Authority  Thel Health Authority has been appointed and approved by the: (Put an "X" by the appropriate designation below)  Commissioners Court for X Governing Body for the Municipality of  County  Pasadena, Texas  Director, Director, Jeff Wagner  Health Department Public Health District acting in my capacity  I,.  as: (Put an "X"b by the appropriate designation below)  County Judge or Designee X Mayor or Designee  Non-physician and the Local Health Department Director Non-physician and the Public Health District Director  do hereby certify the physician,  Ray E. Santos, MD  who is licensed  by the' Texas Board ofl Medical Examiners, was duly appointed as the (check as applicable),  X Health Authority Health Authority Designee  for the jurisdiction of  City of Pasadena Texas  Texas.  Date term of office begins December 1  2024  Date term of office ends  November 30  2026, unless removed by law.  Icertify to the above information on this the 25th day of October  2024.  Signature of Appointing Official  Eue  Revised by DSHS Division of Regional and Local Health Operations, October 29th, 2021    A  OATH OF OFFICE  For Health Authorities in the State of Texas  I,  RAy Egic SANloS  do solemnly swear (or  affirm), that I will faithfully execute the duties of the office of Health Authority (HA) of the State of Texas and will to the best of my ability, preserve, protect, and defend the Constitution and laws of the United States and of this State, sO help me  God. Affiant*  Ray Eric Santos, MD  ERic H2755 No N/A  Preferred Name (e.g. "J.Paul Doe")  2306 Carina Ct. League City, TX 77573  Mailing Address* 281-299-0283 Phone Number (Emergency/After Hours)* dmoumo1@gmail.com Email Address (Official, if you have one)*  ZIP* Texas Medical License Number*  Are you a deputy/backup HA? Additional Email Address  SWORN TO and subscribed before mei this 25th dayof_ October  2024.  Lhl  Person Administering Oath  kl  MELODIE WOOD Notary Public, Stale of Texas Printed Name Comm. Expires 06-15-2025 Notary ID 131172951  Melodie Wood Sr. Office Assistant Title  (Sea!)  *--denotes required field  Revised by DSHS Division forl Regional andl Local Health Operations, October 29, 2021    SATE A  THE STATE OF TEXAS  Statement of Elected/Appointed Officer  (Please type or print legibly)  Ray Eric Santos, MD  do solemnly swear (or  affirm) that Ihave not directly ori indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case: may be, sO  help me God.  2E  Affiant's Signature Rayl Eric Santos, MD Printed Name Local Health Authority Position to Which Elected/Appointed City of Pasadena City and/or County  SWORN TO and subscribed before me by affiant on this 25th day of October 2024.  Signaturèofl Person Authorized to. Administer Ahlilbal  Oaths/Affidavits Melodie Wood Printed Name Sr. Office Assistant Title  MELODIE WOOD Notary Public, State of Texas! Comm. Expires 06-15-2025 Notary ID 131172951  (Sea!)  Pursuant to Tex. Const. Art. XVI,$1(b). Revised by! DSHS Division for Regional and Locall Health Operations October 29, 2021    AGENDA REQUEST  ORDINANCE  RESOLUTION  NO: 2024-  RsoN  CAPTION: Aresolution of the governing body of the City of Pasadena casting its vote to appoint directors to the Harris Central Appraisal District's board of directors.  RECOMMENDATIONS & JUSTIFICATION: The City of Pasadena is hereby casting its vote for the person indicated on the Certificate of Ballot to, be, appointed to serve on the board of directors of the Harris Central Appraisal District, foraterm beginning January 1, 2025.  (IF ADDITIONAL SPACE ISIREQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  ST.  COUNCIL DISTRICT(S) AFFECTED: ALL  REQUIRES APPROPRIATION: See attached Certification lmanatAMu Amanda F. Mueller REQUESTING PARTY (TYPED)  COUNCIL ACTION  DATE:10/31/24:  FIRST READING:  FINAL READING:  I  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED: Sllo CITY ATTORNEY MAYOR  SECOND  SECOND  DATE DEFERRED:  DATE  QAur    RESOLUTION NO. 2024-  A Resolution of the Governing body of the City of Pasadena casting its vote to appoint Directors to the Harris Central Appraisal  District's Board of Directors  WHEREAS, the chief appraiser of the Harris Central  Appraisal District has delivered to the presiding officer of this governing body the names of those persons duly nominated to be named a candidate to be appointed to serve on the board of directors of the Harris Central Appraisal District; and  WHEREAS, City Of Pasadena deems it appropriate and in  the public interest to cast its vote for the candidate(s) of its choice to be appointed to serve on the board of directors of the Harris Central Appraisal District's Board of Directors;  NOW, THEREFORE,  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: Section 1. That the facts and recitations set forth in the preamble of this resolution be, and they are hereby adopted,  ratified, and confirmed.  Section 2. That City of Pasadena does hereby cast its vote, by casting 30 votes for Mike Sullivan on the enclosed Certificate of Ballot to be appointed to serve on the board of directors of the Harris Central Appraisal District, for a term beginning  January 1, 2025.  Section 3. That the three candidates receiving the highest vote    totals will serve three-year terms and the candidates receiving the fourth and fifth highest vote totals will serve a one-year  term.  Section 4. That the presiding officer be, and he or she is hereby, authorized and directed to deliver or cause to be delivered an executed or certified copy of this resolution to the chief appraiser of the Harris Central Appraisal District no later than 5:00 p.m. on December 16, 2024, unless otherwise required to be delivered earlier pursuant to the provisions contained in Section  6.03 (k-1).  SECTION 5. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS    Certification ofl Ballot City ofPasadena CASTING ITS VOTE TO APPOINT DIRECTORS  TO THE HARRIS CENTRAL APPRAISAL DISTRICT'S BOARD OF DIRECTORS  1,,  certify that on the  day of  2024,  the governing body of City of Pasadena did by resolution cast its 30 votes as indicated below on this Certification of Ballot for the person(s) listed below to! be appointed to the Harris Central Appraisal District's Board of Directors. There will be five directors appointed to the board through this voting process involving You may cast your votes for one or more candidates or distribute them amongst the candidates listed You are not required to cast any or all ofy your votes for the candidate that you nominated. (PLEASE PLACE an "X" NEXT TO THE CANDIDATE(S) OF YOUR CHOICE AND LIST THE  all taxing units eligible to vote.  below for any number ofd directorships. (Section 6.03 (c)).  NUMBER OF VOTES YOUARE CASTING FOR THE CANDIDATE/S)  NAME  MARK WITH NUMBER OF VOTES  "X"  30  Cassandra Auzenne Bandy Jonathan Cowen Martina Lemond Dixon Billl Frazer Melissa Noriega Jim Robinson Paul Shanklin Mike Sullivan  %  30  Ifurther certify that a true and correct copy oft the resolution casting such ballot is attached hereto.  WITNESS MY HAND this  day of  2024  Presiding Officer  ATTEST: Witness  Jur#074 - City of] Pasadena    AGENDA REQUEST  ORDINANCE  RESOLUTION  Reso0 NO: 2024-  CAPTION: A Resolution to rescind Resolution #2024-202, which authorized acceptance of a donation of a 2024 Chevrolet Silverado 1500 valued at $65,883.16 for use by the Pasadena Fire Marshal's office from On.Energy.  RECOMMENDATIONS & JUSTIFICATION: Rescind Resolution #2024-202, by which City accepted donation of a 2024 Chevrolet Silverado 1500 valued at Accordingly, the City of Pasadena hereby rescinds the gift of a 2024 Silverado 1500 truck from On.Energy LLC when such gift was accepted by the Fire Marshal's Office on October 15th by Resolution #2024-202 during the 10/8/2024 moratorium on all permits for the installation of BESS facilities authorized by Ordinance  $65,883.16.  #2024-198.  (IF ADDITIONAL SPACE IS REQUIRED, PLEABE ATTACH SBCOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATIONE See attached Certification  COUNCIL ACTION  David Brannon  DATE:10/22/24  REQUESTING PARTY (TYPED)  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED: CITY ke  DATE DEFERRED:  DATE  OAuy  MAYOR    RESOLUTION NO. 2024-  A Resolution to rescind Resolution #2024-202, which authorized acceptance of a donation of a 2024 Chevrolet Silverado 1500 valued at $65,883.16 for use by the Pasadena Fire Marshal's office from  On.Energy.  WHEREAS, on October 8, 2024 the City finally imposed a  moratorium on all permits for the installation of BESS facilities for  a period of 90 days; and  WHEREAS, acceptance of any gift from a contractor given  in good faith during the time which that contractor is also performing contracting services within the City requiring city inspection and final approval, may appear as a conflict of interest for the City and such is not acceptable to the City of Pasadena;  NOW, THEREFORE,  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council of the City of Pasadena hereby authorizes and approves rescinding Resolution #2024-202 by which the City accepted the donation of the 2024 Chevrolet Silverado 1500 truck from On.Energy and authorizes the Mayor or his designated representative to execute any documents necessary to facilitate  such rescission.  SECTION 2. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by    law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS    AGENDA REQUEST  ORDINANCE CAPTION:  RESOLUTION  ResT NO: 2024-302  A resolution to accept the donation of a 2024 Chevrolet  Silverado 1500 for the Pasadena Fire Marshal's Office from On Bnergy LLC.  RECOMMENDATIONS & JUSTIPICATION: A resolution to accept the donation of a 2024 Chevrolet Silverado 1500 truck valued at $65883.16 for the Pasadena Fire Marshal's Office from On Energy LLC. The vehicle will be used for the transporting of equipment and supplies needed during investigatione as well as public and special events aimed at prevention and imvestigations.  (IP ADPITEONAL SPAC 7 REQUERED, PLEASE MTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT (S) AFFECTED:  R3QUIRES APPROPRIATIONE Bee attached Certification Davi M Brannon, Psra.Marehal    COUNCIL ACTION  DATRI10/07/2024  PIRST READING:  FINAL READING: Ybarra MOTION Estrada SECOND  BUDGET DEPARTMENT  MOTION SECOND/  PURCHASING DEPARTMENT R  10-5-24 DATE  CITY  DATE DEFERRED:  MAYOR OAMpp    RESOLUTION NO. 2024-302  A Resolution accepting a donation of a 2024 Chevrolet Silverado 1500 valued at $65,883.16 for use by the Pasadena Fire Marshal's  office from On.Energy.  WHEREAS, On.Energy has donated a 2024 Chevrolet Silverado WHEREAS, the vehicle will be used for the transporting of  1500 valued at $65,883.16 for use by the Fire Marshal's office; and  equipment and supplies needed during investigations as well as public and special events aimed at prevention and anvestigations; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council, on behalf of the citizens of the City of Pasadena, hereby expresses its appreciation to On. Energy and accepts the donation of a 2024 Chevrolet Silverado 1500 valued  NOW, THEREFORE,  at $65,883.16 for use by the Fire Marshal's office.  SECTION 2. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  DonationPiraPrev, 24Chevysilverado-OnEnergyLICz4    PASSED, APPROVED AND ADOPTED THIS THE IS5 day of Octobec,  A.D., 2024.  AEAwrw JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  Amniasemualla AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  DonationfirePrev.AChrysiiverado-OnEnergyLcza    From: Salvatore Minopoli Sent: Friday, October 11,2 202411:54:58AM To: David Brannon Subject: Donation by On.Energyt to the City of Pasadena Dear Chief Brannon,  On behalf of OnE Energy. am pleased to inform you that we will be donating a 2024 Chevrolet Silverado Crew Cab 1500, valued At On.Energy, we are committed to being ar responsblebusiness anda a valued member of the Pasadena community. We are excited to be constructng.theciy, lstenergy storage-acily. Cat.E Thsdonationisag gesture of our appreciation and a reflection of our dedication to Pasadena: $ ongoing development and well-being. look forward to co laborating with you and the City as we build and operate this Clean Energy Facility,  at $65,883, to the City of Pasadena for use by the Fire Marshal's Office  Sincerely. Sal  Salvatore Minopoli President, North America  N    AGENDA REQUEST  ORDINANCE  RESOLUTION  2024-  P NO:  Reso  CAPTION: A memorandum of understanding (MOU) between the City of Pasadena (City) and the Deer Park Independent School District (DPISD) establishing the terms and conditions under which the City and DPISD will collaborate to place an outdoor warning siren at a school located within DPISD.  RECOMMENDATIONS & JUSTIFICATION: The City is updating its outdoor warning system technology and expanding its, siren footprint to cover the City's jurisdictional limits. It was determined that 1 of the 30 sirens in our outdoor warning system would be located on, DPISD property. This determination was based on SoundPlan. This a globally recognized noise modeling software use to estimate the projected sound levels of the sirens. It adheres to ISO 9613 standards and accounts for key physical factors such as geometric spreading, atmospheric absorption, ground effects, surface reflections, and obstacle screening. The specific DPISD location is:  Parkwood Elementary School. (Reference Ordinance 2024-133)  (IFA ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATION: See attached Certification hul larttes  COUNCIL ACTION  Emergency Management DATE:10/30/24 REQUESTING PARTY (TYPED)  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APRROVED:   DATE DEFERRED:  DATE  OEAwr  MAYOR    RESOLUTION NO. 2024-  A Resolution approving a Memorandum of Understanding (MOU) by and between the City of Pasadena, Texas and Deer Park Independent School District (DPISD) establishing the terms and conditions under which the City and DPISD will collaborate to place an outdoor  warning siren at a school located within DPISD.  WHEREAS, the City is updating its outdoor warning system  technology and expanding its siren footprint to cover the City's  jurisdictional limits; and  WHEREAS, it was determined that 1 of the 30 sirens in our  outdoor warning system would be located on DPISD propertyi and  WHEREAS, this determination was based on SoundPlan; WHEREAS, this a globally recognized noise modeling  software use to estimate the projected sound levels of the sirens;  and  WHEREAS, it adheres to ISO 9613 standards and accounts  for key physical factors such as geometric spreading, atmospheric absorption, ground effects, surface reflections, and obstacle  screening; and  WHEREAS, the specific DPISD location is Parkwood  Elementary School; and  WHEREAS, the parties desire to enter into this Memorandum  of Understanding to place an outdoor warning siren at a school located within the Deer Park Independent School District (DPISD)  NOW THEREFORE,  MOU-Emerg.gmt.DeerParai5p.wamingsiren24.doc4    BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That that certain Memorandum of Understanding, a facsimile of which is annexed hereto, incorporated herein for all purposes and designated Exhibit "A", by and between the City of Pasadena and Deer Park Independent School District (DPISD), is  hereby authorized and approved.  SECTION 2. The City Council finds that such Memorandum of Understanding is reasonable and necessary, and the Mayor of the City of Pasadena, Texas or his designated authorized representative is hereby authorized and directed to execute for and on behalf of the City the annexed Memorandum of Understanding document and  counterparts thereof.  SECTION 3. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  MOU-EmergMgmt.DeerParaisp.Mamingsiren24.doc4    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  MO0-Emerç"gmt.DeerParisp.Mamingsiren24.doc4    MEMORANDUM OF UNDERSTANDING THE CITY OF PASADENA,TEXAS DEER PARK INDEPENDENT SCHOOL DISTRICT FOR OUTDOOR WARNING SIRENS  BETWEEN AND  Purpose:  This Memorandum of Understanding (MOU) establishes the terms and conditions under which the City of Pasadena, Texas ("City"): and thel Pasadena Independent School District("DPISD") will collaborate to place outdoor warning siren(s) within the property of select school(s) within DPISD. The purpose oft these sirens ist to enhance public safety by providing an outdoor warning system for the surrounding areas in the event This MOU isi intended to establish and clarify the roles and responsibilities of the City and DPISD related to the placement and maintenance of the Outdoor Warning Siren(s) within the property of the specific  ofe emergencies.  school(s) named herein:  Parkwood Elementary School  Scope and Responsibilities: A. DPISD Responsibilities:  1. Land Provision: DPISD: agrees to provide a designated area within specific DPISD schools for the installation of outdoor warning sirens; said locations will be determined by City's contractor through the use of sound mapping. DPISD understands that it does not have authority to 2. Site Maintenance: DPISD will maintain a clear base area measuring approximately 15-20 square feet around each siren, ensuring that the area remains free of grass, vegetation, and other 3. Damage or Maintenance Reporting: Should DPISD be informed of any irregularities in the function of the outdoor warning siren(s) or damage to any part of the structure, DPISD shall report said damage/concerns to the City within 72 hours of DPISD'sre receipt of such information. 1. Installation, Operation, and Activation: The City of Pasadena will be solely responsible for the installation, operation, and activation of all outdoor warning sirens placed by City within the above named DPISD school. City will maintain control over all activation protocols and operational decisions regarding the use of the sirens, including routine testing of the emergency sirens on a 2. Maintenance and Repairs: The City will be responsible for costs associated with the ongoing maintenance, repair, and eventual replacement of the siren, as needed and to be determined at the sole discretion of the City. Should City need to perform maintenance or repairs, City agrees to provide DPISD notice of the scheduled maintenance or repairs 72 hours prior to said scheduled maintenance or repairs. In the event the maintenance or repairs needed require an imminent response from City, City may not be ablet top provide notice in advance, but will notify DPISD within 3. Liability: The City of Pasadena assumes responsibility for any claims, damages, or injuries that may arise from or during the installation, maintenance, operation, or activation of the above  issuelactivate warning sirens. obstructions.  B.City of Pasadena Responsibilities:  weekly basis.  721 hours of completion oft the repairs.  specified siren.  MOU Sirens.CiyPasadena DeerParkISD  Pagel lof3  EXHIBIT "A"    Notices:  Any and all notices or other communications to be given to DPISD or to City under this MOU shall be provided by email or mailed tot the partyi involved ati itsi respective address set forth below, or at such address as such party may provide in writing from time to time. Any such notice mailed to such address shall be deemed effective when deposited in the United States Mail, duly addressed with postage prepaid. Notices  delivered via email shall be deemed communicated at the time of actual delivery.  City of Pasadena, Texas Attn: Azell Carter 1201 Davis St. Pasadena, Texas 77506 canerepssoenalgor Term and Termination: the termination date. Indemnification:  Deerl Park Independent Schooll District Attn: Steve Corry Deputy Superintendent for Administration 2800 Texas Ave. Deer Park, Texas 77536 scorry@dpisd.org  Pasadena Office of Emergency Management  This MOU will commence on the date of the final signature and will remain ine effect until either party provides a 90-day written notice of intent to terminate. In the event of termination, the City of Pasadena agrees to remove any City installed siren and restore the sites to its original condition within 90 days of  Each party hereto, agrees to and shall assume responsibility and liability for the acts and/or omissions ofi its own officers, employees or agents, executed within the scope oft their employment and in connection with  the performance of their obligations under this MOU.  No Waiver of Immunity: contained herein.  Neither party waives or relinquishes any immunity or defense on behalf of itself, its officers, agents, or employees as a result of the execution of this MOU or the performance of the obligations and agreements  Enforceability and Severability:  The invalidity or enforceability of any term or provision of this MOU, as determined by a court of competent jurisdiction, shall not otherwise affect the validity or enforceability of any other term or  provision oft this agreement, which shall remain in full force and effect.  Disputes:  In the event of any controversy, claim or dispute between the parties, related to or affecting the subject matter or the performançe of the obligations under this MOU, the parties agree toi make a good faith attempt to resolve said controversies, claims or disputes between or among them through informal discussions between the parties. If the parties are unable to resolve the controversy, claim or dispute through mutual discussion, the parties agree to proceed to non-binding arbitration before ar mutually agreed upon mediator, each party to bear its own costs, prior to the filing of any suit in a court of law. Should either party seek to litigate to resolve any conflict arising under thej performance of this MOU, venue shall lie exclusively ina a  court of competent jurisdiction in Harris County, Texas.  No' Third-Party Beneficiaries:  The City and DPISD agree it is their specific intent that no other person or entity shall be a party to ora thirty-party beneficiary of this MOU. This MOU is solely for the benefit of the parties named hereto and  no other person or entity shall have any rights hereunder.  MOUS Sirens CiyPasadmaDePAR5D  Page 2of3    No Financial Obligation:  This MOU does not create any financial obligation for DPISD beyond the scope of providing land and maintaining a clear area around the sireni installation site. Nothing in this MOU may be construed to obligate the parties to any current or future expenditures of funds not in accordance with the approval  and/or appropriation of funds as authorized by its respective governmental body.  Amendments: District.  This MOU contains the entire agreement of the parties and supersedes all prior agreements and representations with respect to the subject matter hereof. Any amendments to this MOU must be in writing and signed by authorized representatives from both the City ofl Pasadena and Deer Park Independent School IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding to be effective  on the date and year of final signature by the parties.  CITY OFI PASADENA, TEXAS  DEER PARK INDEPENDENT SCHOOL DISTRICT  Jeff Wagner, Mayor  Stephen Harrell, Superintendent  Date  Date  MOU SamscgPasemaDe-hasp  Page 3of3    AGENDA REQUEST  ORDINANCE  RESOUTION  Reso -  NO: 2024-  CAPTION: A memorandum of understanding (MOU) between the City of Pasadena (City) and the Pasadena Independent School District (PISD) establishing the terms and conditions under which the City and PISD will collaborate to place an outdoor warning siren at schools located within PISD.  RECOMMENDATIONS & JUSTIFICATION: The City is updating its outdoor warning system technology and expanding its, siren footprint to cover the City's jurisdictional limits. It was determined that 4 of the 30 sirens in our outdoor warning system would be located on PISD property. This determination was based on SoundPlan. This a globally recognized noise modeling software use to estimate the projected sound levels of the sirens. It adheres to ISO 9613 standards and accounts for key physical factors such as geometric spreading, atmospheric absorption, ground effects, surface reflections, and obstacle screening. The specific PISD locations are: San Jacinto Intermediate School, Golden Acres Elementary School, Marshall  Kendrick Middie School, and Bondy Intermediate School.  (Reference Ordinance 2024-133)   1893  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT(S) AFFECTED:  REQUIRES APPROPRIATIONE See attached Certification tpll lartes  COUNCIL ACTION  Emergency Management DATE:10/30/24 REQUESTING PARTY (TYPED)  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT  SECOND  SECOND  APPROVED: 4  DATE DEFERRED:  DATE  OEAwnw  MAYOR    RESOLUTION NO. 2024-  A Resolution approving a Memorandum of Understanding (MOU) by and between the City of Pasadena, Texas and Pasadena Independent School District (PISD) establishing the terms and conditions under which the City and PISD will collaborate to place an outdoor warning  siren at schools located within PISD.  WHEREAS, the City is updating its outdoor warning system  technology and expanding its siren footprint to cover the City's  urisdictional limits; and  WHEREAS, it was determined that 4 of the 30 sirens in our  outdoor warning system would be located on PISD property; and  WHEREAS, this determination was based on SoundPlan; WHEREAS, this a globally recognized noise modeling  software use to estimate the projected sound levels of the sirens;  and  WHEREAS, it adheres to ISO 9613 standards and accounts  for key physical factors such as geometric spreading, atmospheric absorption, ground effects, surface reflections, and obstacle  screening; and  WHEREAS, the specific PISD locations are: San Jacinto  Intermediate School, Golden Acres Elementary School, Marshall Kendrick Middle School, and Bondy Intermediate School; and  WHEREAS, the parties desire to enter into this Memorandum  of Understanding to place an outdoor warning siren at schools located within the Pasadena Independent School District (PISD);  MOU-EmergMgmt.PasIsD.Marningsiren24.doc4    NOW THEREFORE,  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That that certain Memorandum of Understanding, a facsimile of which is annexed hereto, incorporated herein for all purposes and designated Exhibit "A", by and between the City of Pasadena and Pasadena Independent School District (PISD), is hereby  authorized and approved.  SECTION 2. The City Council finds that such Memorandum of Understanding is reasonable and necessary, and the Mayor of the City of Pasadena, Texas or his designated authorized representative is hereby authorized and directed to execute for and on behalf of the City the annexed Memorandum of Understanding document and  counterparts thereof.  SECTION 3. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  MOU-EmergHgmt.PasIsD.Warningsiren24.doc4    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR  OF THE CITY OF PASADENA, TEXAS  ATTEST:  APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  O-meRLPaSI5D.Naingirm..dad    MEMORANDUM OF UNDERSTANDING THE CITY OFI PASADENA, TEXAS PASADENA INDEPENDENT SCHOOL DISTRICT FOR OUTDOOR WARNING SIRENS  BETWEEN AND  Purpose:  This Memorandum of Understanding (MOU) establishes the terms and conditions under which the City of Pasadena, Texas ("City") and the Pasadena Independent School District ("PISD") will collaborate to place outdoor warning sirens within the property of select schools within PISD. The purpose of these sirens ist to enhance public safety by providing an outdoor warning system for the surrounding areas in the event of This MOU is intended to establish and clarify the roles and responsibilities of the City and PISD related to the placement and maintenançe of the Outdoor Warning Sirens within the property of the specific schools  emergencies.  named herein:  San Jacinto Intermediate School Golden Acres Elementary School Marshall Kendrick Middle School Bondy Intermediate School Scope and Responsibilities: A. PISD Responsibilities:  1. Land Provision: PISD agrees to provide a designated area within specific PISD schools for the installation of outdoor warning sirens; said locations will be determined by City's contractor through the use of sound mapping. PISD understands that it does not have authority to 2. Site Maintenance: PISD will maintain a clear base area measuring approximately 15-20 square feet around each siren, ensuring that the area remains free of grass, vegetation, and other 3. Damage or Maintenance Reporting: Should PISD be informed of any irregularities in the function of the outdoor waring siren(s) or damage to any part of the structure, PISD shall report said damage/concerns to the City within 72 hours of PISD'sr receipt of such information.  issuelactivate warning sirens. obstructions.  B.City of Pasadena Responsibilities:  1. Installation, Operation, and Activation: The City of Pasadena will be solely responsible for the installation, operation, and activation of all outdoor warning sirens placed by City within the above named PISD schools. City will maintain control over all activation protocols and operational decisions regarding the use of the sirens, including routine testing of the emergency sirens on a 2. Maintenance and Repairs: The City will be responsible for costs associated with the ongoing maintenance, repair, and eventual replacement of the sirens, as needed and to be determined at the sole discretion of the City. Should City need to perform maintenance or repairs, City agrees to provide PISD notice of the scheduled maintenance or repairs 72 hours prior to said scheduled maintenance or repairs. In the event the maintenance or repairs needed require an imminent response from City, City may not be able toj provide notice in advance, but will notify PISD within  weekly basis.  72 hours of completion of the repairs.  MOUS Sirens.CivyPasadenal PasadenISD  Page lof3  EXHIBIT "A"    3. Liability: The City of Pasadena assumes responsibility for any claims, damages, or injuries that may arise from or during the installation, maintenance, operation, or activation of the above  specified sirens.  Notices:  Any and all notices or other communications to be given to PISD or to City under this MOU shall be provided by email or mailed tot the partyi involved ati itsi respective address set forth below, or at such address as such party may provide in writing from time to time. Any such notice mailed to such address shall be deemed effective when deposited in the United States Mail, duly addressed with postage prepaid. Notices  delivered via email shall be deemed communicated at the time of actual delivery.  City of Pasadena, Texas Attn: Azell Carter 1201 Davis St. Pasadena, Texas 77506 canerepvidenakpov Term and Termination: of the termination date. Indemnification:  Pasadena Independent School District Kevin Fornof Associate Superintendent of Facilities 39201 Mickey Gilley Blvd Pasadena, Texas 77505 Komolerasademadors  Pasadena Office of Emergency Management  This MOU will commence on the date of the final signature and will remain in effect until either party provides a 90-day written notice of intent to terminate. In the event of termination, the City of] Pasadena agrees to remove any City installed sirens and restore the site(s) to their original condition within 90 days  Each party hereto, agrees to and shall assume responsibility and liability for the acts and/or omissions ofi its own officers, employees or agents, executed within the scope of their employment and in connection with  the performance oft their obligations under this MOU.  No Waiver of Immunity: contained herein.  Neither party waives or relinquishes any immunity or defense on behalf of itself, its officers, agents, or employees as a result of the execution of this MOU or the performance of the obligations and agreements The invalidity or enforceability of any term or provision of this MOU, as determined by a court of competent jurisdiction, shall not otherwise affect the validity or enforceability of any other term or  Enforceability and Severability:  provision of this agreement, which shall remain in full force and effect.  Disputes:  In the event of any controversy, claim or dispute between the parties, related to or affecting the subject matter or thej performance of the obligations under this MOU, thej parties agree to make a good faith attempt to resolve said controversies, claims or disputes between or among them through informal discussions between the parties. If the parties are unable to resolve the controversy, claim or dispute through mutual discussion, the parties agree to proceed to non-binding arbitration before a mutually agreed upon mediator, each party to bear its own costs, prior to the filing of any suit in a court of law. Should either party seek to litigate to resolve any conflict arising under the performance of this MOU, venue shall lie exclusively in a  court of competent jurisdiction in Harris County, Texas.  MOUS Sirens. ChyPasademaPasadenisD  Page 2of3    No Third-Party Beneficiaries:  The City and PISD agreei iti ist their specific intent that no other person or entity shall be aj party to or at thirty- party beneficiary oft this MOU. This MOU is solely for the benefit oft the parties named hereto and no other  person or entity shall have any rights hereunder.  Nol Financial Obligation:  This MOU does not create any financial obligation for PISD beyond the scope of providing land and maintaining a clear area around the siren installation sites. Nothing in this MOU may be construed to obligate the parties to any current or future expenditures of funds not in accordance with the approval  and/or appropriation of funds as authorized by its respective governmental body.  Amendments: District.  This MOU contains the entire agreement of the parties and supersedes all prior agreements and representations with respect to the subject matter hereof. Any amendments to thisl MOUI must be in writing and signed by authorized representatives from both the City of Pasadena and Pasadena Independent School IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding to be effective  on the date and year of final signature by the parties.  CITY OF PASADENA, TEXAS  PASADENA INDEPENDENT SCHOOL DISTRICT  Jeff Wagner, Mayor  DeeAnn Powell, Superintendent  Date  Date  MOU Sirens. CityPasadena PasadenISD  Page 3of3    AGENDA REQUEST  ORDINANCE  RESOLUTION  ResoR NO: 2024-  CAPTION: A memorandum of understanding (MOU) between the City of Pasadena (City) and Harris County Precinct 2 (County) establishing the terms and conditions under which the City and County will collaborate to place an  outdoor warning siren at parks located within County.  RECOMMENDATIONS & JUSTIFICATION: The City is updating its outdoor warning system technology and expanding its siren footprint to cover the City's urisdictional limits. It was determined that 4 of the 30 sirens in our outdoor warning system would be located on County property. This determination was based on SoundPlan. This a globally recognized noise modeling software use to estimate the projected sound levels of the sirens. It adheres to ISO 9613 standards and accounts for key physical factors such as geometric spreading, atmospheric absorption, ground effects, surface reflections, and obstacle screening. The specific County Park locations are: Olson Park, Kipper Mease Park and Sports Complex, Bay Area Park, and  Clear Lake Park.  (Reference Ordinance 2024-133)  41893 -  (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE)  BUDGETED:  COUNCIL DISTRICT (S) AFFECTED:  REQUIRES APPROPRIATION: See attached Certitication hal larctes  COUNCIL ACTION  Emergency Management DATE:10/30/24 REQUESTING PARTY (TYPED)  FIRST READING:  FINAL READING:  BUDGET DEPARTMENT  MOTION  MOTION  PURCHASING DEPARTMENT APPROVED: CITY l6 MAYOR  SECOND  SEÇOND  DATE DEFERRED:  DATE  OAur    RESOLUTION NO. 2024-  A Resolution approving a Memorandum of Understanding (MOU) by and between the City of Pasadena, Texas and Harris County Precinct 2 (County) establishing the terms and conditions under which the City and County will collaborate to place an outdoor warning siren at  parks located within County.  WHEREAS, the City is updating its outdoor warning system  technology and expanding its siren footprint to cover the City's  jurisdictional limits; and  WHEREAS, it was determined that 4 of the 30 sirens in our  outdoor warning system would be located on County propertyi and  WHEREAS, this determination was based on SoundPlan; WHEREAS, this a globally recognized noise modeling  software use to estimate the projected sound levels of the sirens;  and  WHEREAS, it adheres to ISO 9613 standards and accounts  for key physical factors such as geometric spreading, atmospheric absorption, ground effects, surface reflections, and obstacle  screening; and  WHEREAS, the specific County Park locations are: Olson  Park, Kipper Mease Park and Sports Complex, Bay Area Park, and  Clear Lake Park;  WHEREAS, the parties desire to enter into this Memorandum  of Understanding to place an outdoor warning siren at parks located  within Countyi NOW THEREFORE, MOU-Emerg"gmt.HCtyPrecintzZ.Marmingsiren24.doc4    BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That that certain Memorandum of Understanding, a facsimile of which is annexed hereto, incorporated herein for all purposes and designated Exhibit "A", by and between the City of Pasadena and Harris County Precinct 2 (County), is hereby  authorized and approved.  SECTION 2. The City Council finds that such Memorandum of Understanding is reasonable and necessary, and the Mayor of the City of Pasadena, Texas or his designated authorized representative is hereby authorized and directed to execute for and on behalf of the City the annexed Memorandum of Understanding document and  counterparts thereof.  SECTION 3. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof.  MOU-Emerg"gmt.HCtyPrecintz.Marmingsiren24.doc4    PASSED, APPROVED AND ADOPTED THIS THE  day of  A.D., 2024.  JEFF WAGNER, MAYOR APPROVED: JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS  OF THE CITY OF PASADENA, TEXAS  ATTEST:  AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS  MOU-Emerg"gmt.MCtyprecintz.warmingsiren24.docs    MEMORANDUM OF UNDERSTANDING THE CITY OF PASADENA, TEXAS HARRIS COUNTY, TEXAS-PRECINCT2 FOR OUTDOOR WARNING SIRENS  BETWEEN AND  Purpose:  This Memorandum of Understanding (MOU) establishes the terms and conditions under which the City of Pasadena, Texas ("City") and Harris County, Texas Precinct 2 ("County") will collaborate to place outdoor warning sirens within select parks located within Harris County Precinct 2. The purpose of these sirens is to enhance public safety by providing an outdoor warning system for the surrounding areas in the This MOU is intended to establish and clarify the roles and responsibilities of the City and the County related to the placement and maintenance of the Outdoor Warning Sirens within the specific Harris County  event of emergencies.  Precinct 21 Parks named herein: Olson Park Bay Area Park Clear Lake Park Scope and Responsibilities:  Kipper Mease Park and Sports Complex  A. Harris County Precinct 21 Responsibilities:  1. Land Provision: Harris County Precinct 2 agrees to provide a designated area within the specific parks named herein for thei installation of outdoor warning sirens; said locations will be determined by City's contractor through the use of sound mapping. County understands that it does not have 2. Site Maintenance: Harris County Precinct 2 will maintain a clear base area measuring approximately 15-20 square feet around each siren, ensuring that the area remains free of grass, 3. Damage or Maintenance Reporting: Should County be informed of any irregularities in the function of the outdoor warning siren(s) or damage to any part of the structure, County shall report said damage/concerns to the City within 72 hours of County's receipt of such information. 1. Installation, Operation, and Activation: The City of Pasadena will be solely responsible for the installation, operation, and activation of all outdoor warning sirens placed by City within the above named Harris County Precinct 21 Parks. City will maintain control over all activation protocols and operational decisions regarding the use of the sirens, including routine testing of the emergency 2. Maintenance and Repairs: The City will be responsible for costs associated with the ongoing maintenance, repair, and eventual replacement of the sirens, as needed and to be determined at the sole discretion of the City. Should City need to perform maintenance or repairs, City agrees to provide County notice of the scheduled maintenance or repairs 72 hours prior to said scheduled maintenance or repairs. In the event the maintenance or repairs needed require an imminent response from City, City may not be able to provide notice in advance, but will notify County  authority toi issuelactivate warning sirens. vegetation, and other obstructions.  B. City of Pasadena Responsibilities:  sirens on a weekly basis.  within 721 hours of completion of the repairs.  MOU Sirens. CityPasadena. HarrisCounty  Page 1of3  EXHIBIT "A"    3. Liability: The City of Pasadena assumes responsibility for any claims, damages, or injuries that may arise from or during the installation, maintenance, operation, or activation of the above  specified sirens.  Notices:  Any and all notices or other communications to be given to County or to City under this MOU shall be provided by email or mailed to thej partyi involved ati its respective address set forth below, or at such address as such party may provide in writing from time to time. Any such notice mailed to such address shall be deemed effective when deposited in the United States Mail, duly addressed with postage prepaid. Notices  delivered via email shall be deemed communicated at the time of actual delivery.  City ofl Pasadena, Texas Attn: Azell Carter 1201 Davis St. Pasadena, Texas 77506 sunerepasiden-or Term and' Termination: oft the termination date. Indemnification:  Harris County, Texas- Precinct 2 Attn: Joel Cooley Risk/Emergency Management 1001 Preston, Suite 924 Houston, Texas 77002 elcooleyepetntne  Pasadena Office of Emergency Management  This MOU will commence on the date of the final signature and will remain in effect until either party provides a 90-day written notice of intent to terminate. In the event oft termination, the City of Pasadena agrees to remove any Cityi installed sirens and restore the site(s) to their original condition within 90 days  Each party hereto, agrees to and shall assume responsibility and liability for the acts and/or omissions ofi its own officers, employees or agents, executed within the scope of their employment and in connection with  the performance oft their obligations under this MOU.  No Waiver of Immunity: contained herein.  Neither party waives or relinquishes any immunity or defense on behalf of itself, its officers, agents, or employees as a result of the execution of this MOU or the performance of the obligations and agreements The invalidity or enforceability of any term or provision of this MOU, as determined by a court of competent jurisdiction, shall not otherwise affect the validity or enforceability of any other term or  Enforceability and Severability:  provision oft this agreement, which shall remain in full force and effect.  Disputes:  In the event of any controversy, claim or dispute between the parties, related to or affecting the subject matter or thej performance of the obligations under thisl MOU, the parties agree to make a good faith attempt to resolve said controversies, claims or disputes between or among them through informal discussions between the parties. If the parties are unable to resolve the controversy, claim or dispute through mutual discussion, the parties agree to proceed to non-binding arbitration before a mutually agreed upon mediator, each party tol bear its own costs, prior to the filing of any suit in a court ofl law. Should either party seek to litigate to resolve any conflict arising under the performance oft this MOU, venue shall lie exclusively in a  court of competent jurisdiction in Harris County, Texas.  MOU Sirens. ClyPasadema-lamisCoumy  Page 2of3    No Third-Party Beneficiaries:  The City and County agree it is their specific intent that no other person or entity shall be aj party to or a thirty-party beneficiary of this MOU. This MOU is solely for the benefit of the parties named hereto and  no other person or entity shall have any rights hereunder.  Nol Financial Obligation:  This MOU does not create any financial obligation for Harris County Precinct 2 beyond the scope of providing land and maintaining a clear area around the siren installation sites. Nothing in this MOU may be construed to obligate the parties to any current or future expenditures of funds not in accordance with the approval and/or appropriation ofi funds as authorized by its respective governmental body. This MOU contains the entire agreement of the parties and supersedes all prior agreements and representations with respect to the subject matter hereof. Any amendments tot this MOUmust bei in writing and signed by authorized representatives from both the City of Pasadena and Harris County Precinct 2. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding to be effective  Amendments:  on the date and year of final signature by the parties.  CITY OFPASADENA, TEXAS  HARRIS COUNTY,TEXAS PRECINCT2  Jeff Wagner, Mayor  Adrian Garcia, Commissioner  Date  Date  MOU Simm.dwPammalim.caumy  Page 3of3