Pre-Council Conference - December 17, 2024 - 5:30 p.m. MAIN CONFERENCE ROOM-1 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 VANHOUTE 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 AGENDA COUNCIL MEETING CITY OF PASADENA, TEXAS CITY COUNCIL CHAMBERS - 1STFLOOR 1149 ELLSWORTH DRIVE, PASADENA, TX 77506 December 17, 2024 - 6:00 p.m. 1) CALL TO ORDER 2) 3) ROLL CALL OF MEMBERS INVOCATION - Pastor Bo Fisher, New Wine Christian Fellowship 4) PLEDGES OF ALLEGIANCE - Councimember Dolan Dow 5) COMMUNITY INTEREST COMMENTS IN ACCORDANCE WITH CHAPTER 551.0415 OF THE GOVERNMENT CODE; IE. € 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 12-17-24 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 - December 3, 2024-1 10:00 a.m. 11) PRESENTATION OF MINUTES OF SPECIAL MEETINGS 12) CONTRACT CHANGE ORDERS 13) PROGRESS PAYMENTS (A) Contractor: Estimate No.: One (1) Amount: Project: Project No.: Boyer, Inc. $62,985.00 WW065 Preston/Fairmont Lift Station Rehabilitation Project Ordinance No.: 2024-103 (B) Contractor: Estimate No.: One (1) Amount: Project: Project No.: Brooks Concrete, Inc. $142,641.17 $197 2024 Annual Sidewalk improvements Phase II Ordinance No.: 2024-097 Estimate No.: Ten (10) (C) Contractor: Amount: Project: Project No.: Ordinance No.: 2024-006 Estimate No.: Ten (10) JC Stonewall Constructors LP $68,701.06 SIM TAC Building P016 (D) Contractor: Amount: Project: Project No.: JC Stonewall Constructors LP Police Range Storage Building $51,172.26 P014 Ordinance No.: 2024-006 Estimate No.: Nine (9) (E) Contractor: Amount: Project: Project No.: Ordinance No.: 2024-022 Mar-Con Services, LLC $18,047.91 S140 2024 Annual Paving & Drainage improvements Agenda 12-17-24 2 Contractor: Estimate No.: Nine (9) Amount: Project: Project No.: Ordinance No.: 2024-022 Estimate No.: Nine (9) Mar-Con Services, LLC $84,343.84 D062 2024 Annual Paving & Drainage Improvements (G) Contractor: Amount: Project: Project No.: Ordinance No.: 2023-002 Estimate No.: Thirteen (13) McKinney Construction, Inc. $48,887.00 W069 2023 Citywide Waterline Improvements (H) Contractor: Amount: Project: Project No.: Ordinance No.: 2022-095 Contractor: Estimate No.: Two (2) Amount: Project: Project No.: McKinney Construction, Inc. $182,974.75 W066 2022 Citywide Waterline mprovements (I) Purcell Construction $101,730.75 F011 Demolition & Reconstruction of Fire Station No. 6 Ordinance No.: 2024-112 Estimate No.: Thirteen (13) (J) Contractor: Amount: Project: Project No.: Ordinance No.: 2023-119 Estimate No.: Eight (8) SER Construction Partners, LLC $163,004.25 S132 Preston Ave. Recon SH225 to Fleming & Flamborough (K) Contractor: Amount: Project: Project No.: Ordinance No.: 2023-141 Estimate No.: Eleven (11) SER Construction Partners, LLC $3,429,620.04 D048 Cotton Patch Bayou Drainage Improvements (L) Contractor: Amount: Project: Project No.: Ordinance No.: 2023-155 SER Construction Partners, LLC Armand Bayou Upper Reaches Project $218,682.05 D056 Agenda 12-17-24 3 (M) Contractor: Estimate No.: One (1) Amount: Project: Project No.: SER Construction Partners, LLC $647,371.15 $135 Shaver St. Paving & Drainage Improvements PHI III Ordinance No.: 2024-130 (N) Contractor: Estimate No.: Two (2) Amount: Project: Project No.: Ordinance No.: 2024-130 (O) Contractor: Estimate No.: Five (5) Amount: Project: Project No.: SER Construction Partners, LLC $1,749,823.50 $135 Shaver St. Paving & Drainage Improvements PHIII Teamwork Construction Services, Inc. Construction of Median Cut and Cross Overs $10,092.80 F011/F014 Ordinance No.: 2024-058 Estimate No.: Ten (10) (P) Contractor: Amount: Project: Project No.: Teamwork Construction Services, Inc. $167,524.00 D042 Browning Subdivision Drainage improvements Ordinance No.: 2023-172 Estimate No.: Seven (7) (Q) Contractor: Amount: Project: Project No.: Traf-Tex, Inc. $1,322.97 T019 2024 Traffic Mobility Improvements Project Ordinance No.: 2023-233 14) FINANCE RESOLUTION NO. 2916 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 17) CITY BOARDS AND COMMISSIONS REPORTS Agenda 12-17-24 4 18) REPORTS OF COMMITTEES 19) MAYOR'S REPORT (A) ORDINANCES (1) FINAL READINGS ORDINANCE 2024-248 - An Ordinance adopting and approving a proposed Capital Improvement Plan (CIP) forFY2025-FY2029: as its official Capital Plan (approved CIP) for the Fiscal Year 2025. (BUDGET DEPARTMENT) ORDINANCE 2024-249 - Authorizing and approving the termination of Ordinance 2019- 006 agreement between the City of Pasadena, Texas, and Arceneaux Wilson & Cole, LLC for Design Services for Drainage Mitigation B-7 Project (CIP #DMB7). (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-250 - Authorizing and approving the termination of Ordinance 2019- 007 between the City of Pasadena, Texas, and Brooks & Sparks, Inc., for Design Services for Drainage Mitigation Projects A-2, C-1, C-7 and SW (CIP #'s DMA2, DMC1, DNC7 and DMSW). (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-251 - Authorizing and approving the termination of Ordinance 2019- 008 agreement between the City of Pasadena, Texas, and Dannenbaum Engineering Corporation for Design Services for Drainage Mitigation A-3 Project (CIP #DMA3). ORDINANCE 2024-252 - Authorizing and approving the termination of Ordinance 2019- 009 agreement between the City of Pasadena, Texas, and Edminster, Hinshaw, Russ and Associates, Inc. for Design Services for Drainage Mitigation A-5 Project (CIP (PUBLIC WORKS DEPARTMENT) #DMA5). (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-253 - Authorizing and approving the termination of Ordinance 2019- 010 between the City of Pasadena, Texas, and Entech Civil Engineers, Inc., for Design Services for Drainage Mitigation Projects B-1, B-3, and B-4 (CIP #'s DMB1, DMB3, and DMB4). (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-254 - Authorizing and approving the termination of Ordinance 2019- 011 between the City of Pasadena, Texas, and HR Green, Inc., for Design Services for Drainage Mitigation Projects C-3, C-4, C-5, C-6 and CI (CIP #'s DMC3, DMC4, DMC5, DMC6 and DMCI). (PUBLIC WORKS DEPARTMENT) Agenda 12-17-24 5 ORDINANCE 2024-255 - Authorizing and approving the termination of Ordinance 2019- 012 agreement between the City of Pasadena, Texas, and Kenall, Inc., for Design Services for Drainage Mitigation B-5 Project (CIP #DMB5). (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-256 - Authorizing and approving the termination of Ordinance 2019- 013 agreement between the City of Pasadena, Texas, and Kit Professionals, Inc., for Design Services for Drainage Mitigation B-2 Project (CIP #DMB2). (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-257 - Authorizing and approving the termination of Ordinance 2019- 014 agreement between the City of Pasadena, Texas, and J. Morales, Inc., for Design Services for Drainage Mitigation A-7 Project (CIP #DMA7). (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-258 - Authorizing and approving the termination of Ordinance 2019- 015 agreement between the City of Pasadena, Texas, and RPS Infrastructure Inc., for Design Services for Drainage Mitigation B-6 Project (CIP #DMB6). (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-259 - Authorizing and approving the termination of Ordinance 2019- 016 between the City of Pasadena, Texas, and S & B Infrastructure LTD., for Design Services for Drainage Mitigation Projects A-6 and C-2 (CIP #'s DMA6 and DMC2). ORDINANCE 2024-260 - Authorizing and approving the termination of Ordinance 2019- 017 between the City of Pasadena, Texas, and Sirrus Engineers, Inc., for Design Services for Drainage Mitigation Projects A-1, A-4 and HH (CIP #'s DMA1, DMA4, and DMHH). ORDINANCE 2024-261 - Authorizing and approving the termination of Ordinance 2019- 120 between the City of Pasadena, Texas, and Edminster, Hinshaw, Russ and Associates, Inc. (EHRA), for Design Services for Drainage Mitigation Flood Warning (PUBLIC WORKS DEPARTMENT) (PUBLIC WORKS DEPARTMENT) System Project (CIP #DMFW). (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-262 - Authorizing and approving a contract between the City of Pasadena, Texas, and Cubic ITS, Inc. for purchase by the City of Pasadena of traffic signal cabinets and accessories for ai total appropriation of $55,500.00 through BuyBoard Contract #703-23. (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-263 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and LJA Engineering, Inc. for Geographic Information Systems Services for a total appropriation of $210,000.00. (PUBLIC WORKS DEPARTMENT) ORDINANCE 2024-264 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and Entech Civil Engineers, Inc. for Professional Services for Lead and Copper Rules Improvement (LCRI) Phase II for a total appropriation of $622,632.00 to be funded from the System Fund Other Charges Account. (PUBLIC WORKS DEPARTMENT) Agenda 12-17-24 6 ORDINANCE 2024-265 Authorizing and approving an agreement by and between the City of Pasadena, Texas, and HR Green, Inc. for Design Services for multiple lift station projects (CIP WW103, WW104, WW105, WW106, WW108) for a total appropriation of $582,000.00. (PUBLIC WORKS DEPARTMENT) (2) FIRST READINGS (A) An Ordinance amending Ordinance 2023-145, which adopted the Annual Budget for the Fiscal Year 2024, for the City of Pasadena, Texas. (BUDGET DEPARTMENT) (B) An Ordinance amending the Code of Ordinances of the City of Pasadena, Texas, at Chapter 24, Parks and Recreation, Section 24-13 Fees to adjust various golf course fees fort the Pasadena Golf Club and to create an effective date ofJ January 8, 2025 for the new fees for ournaments/specia. events to ensure our prices remain competitive with area courses; providing a repealing clause; providing a savings clause; and providing for severability. (PARKS AND RECREATION) (C) Authorizing and approving an agreement by and between the City of Pasadena, Texas, and Evelyn Fabian for Exercise Classes provided through the Parks and Recreation Department. (PARKS AND RECREATION DEPARTMENT) (D) Authorizing and approving the annual maintenance agreement for the One Solution Software Systems by and between the City of Pasadena, Texas, and Superion, LLC, a Central Square Company; and appropriating the amount of $201,638.17. (INFORMATION TECHNOLOGY) (E) Authorizing and approving the purchase by the City of Pasadena, Texas, of one (1) 2023 Ford Transit Medium Roof Van from Silsbee Ford utilizing the TIPS Cooperative Contract #210907; and appropriating the amount of $54,906.50. MAINTENANCE SERVICES) (F) Authorizing and approving the contract with Dell Marketing for the purchase of computer devices utilizing the Texas Department of Information Resources (DIR) Contract #DIR-TSO-3763; for a total appropriation in the amount of $400,000.00. (INFORMATION TECHNOLOGY) (G)A Authorizing and approving a contract by and between the City of Pasadena, Texas, and JTR Constructors, Inc. for the Vince Bayou WWTP Bar Screens Improvement Project (CIP #WW068); for a total appropriation of $3,021,060.00 to be funded from the System Fund Retained Earnings and the 2019 CDBG-DR. (PUBLIC WORKS DEPARTMENT) (H) Authorizing and approving the purchase by the City of Pasadena, Texas, of ammunition and simunition for police training for the Pasadena Police Department from GT Distributors, Inc. through Buyboard cooperative contract #698-23; and appropriating the amount of $230,488.00. (POLICE DEPARTMENT) Agenda 12-17-24 7 () Authorizing and accepting a grant award from the Office of the Texas Governor Criminal Justice Division, Police Department Body-Worn Camera Program in the amount of $22,522.50. (POLICE DEPARTMENT) (J) Authorizing and approving the purchase of the Omega Plus Plates for the Pasadena Police Department from Impact Promotional Services, LLC dba Got You Covered Work Wear & Uniforms utilizing BuyBoard Contract #670-22. (POLICE DEPARTMENT) (K) An Ordinance authorizing and approving the extension of the Commercial Moratorium imposed by the City of Pasadena, Texas, on the issuance of permits for the placement and installation of battery energy storage systems (BESS) facilities within the jurisdiction of the city. (PLANNING DEPARTMENT) (3) EMERGENCY READINGS (4) ISSUANCE OF OBLIGATIONS (B) RESOLUTIONS (A) Accepting an in-kind donation for Bunco Lunch valued at $300.00 from Maria Elena &F Ramiro Ramirez for use by the Parks and Recreation Department in connection with Madison Jobe Senior Center. (PARKS AND RECREATION DEPARTMENT) (B) Authorizing the Pasadena Parks and Recreation Department to accept a donation of $500.00 from Shell Federal Credit Union as a sponsorship for the City of Pasadena Christmas Tree Lighting event. (PARKS AND RECREATION DEPARTMENT) (C) A Resolution authorizing the Mayor of the City of Pasadena, on behalf of the Pasadena Police Department, to accept donations from United Providers of Texas, LLC ($1,000.00), Cherrybrook Place ($500.00), Copper Ridge Apartments ($500.00), London Belle Apartments ($500.00) and Action Towing, Inc. ($150.00) for the Pasadena Police Department 2024 Blue Family Thanksgiving Program totaling the amount of $2,650.00. (D) A Resolution authorizing the Mayor, on behalf of the Pasadena Police Department, to accept a donation of $5,000.00 from Lyondell Chemical Company for use by the (POLICE DEPARTMENT) Pasadena Police Department. (POLICE DEPARTMENT) (E) Accepting a donation of $500.00 from Bob's Truck Care, Inc. for use by Volunteer Pasadena in connection with the Pasadena Food Drive held on November 20, 2024. (VOLUNTEER PASADENA) Agenda 12-17-24 8 (F) Accepting various monetary donations for a total of $800.00 from various donors and business partners for use by Volunteer Pasadena in connection with the Pasadena Food Drive held on November 20, 2024. (VOLUNTEER PASADENA) (G) A Resolution nominating PCI Nitrogen to the Office of the Governor Economic Development and Tourism (EDT) through the Texas Economic Development Bank (Bank) asanEnterprise Project. (ECONOMIC DEVELOPMENT) (H) A Resolution, on behalf of the Pasadena Police Department, to apply for the FY25 Motor Vehicle Crime Prevention Authority (MVCPA), SB224 Catalytic Converter grant in the amount of $222,200.00. (POLICE DEPARTMENT) 20) OTHER BUSINESS 21) EXECUTIVE SESSION (A) Pursuant to Texas Government Code Section 551.074 to discuss the compensation/oter. of the candidate for the City Controller position. 22) ADJOURNMENT BY THE PRESIDING OFFICER -00-- /S/ AMANDA F. MUELLER CITY SECRETARY /S/. JEFF WAGNER MAYOR Thought for the Week "Be the change you wish to see in the world." Mahatma Gandhi a Agenda 12-17-24 9 FINANCE RESOLUTION NO.2916 Date: December: 17, 2024 Page: 1of10 WHEREAS the checks issued by the City Controller oft the City of Pasadena, which are annexed hereto and incorporated herein for all purposes, ares submitted toi the Mayor and City Council oft the City of Pasadena, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA, THATthe checksi issued by the City Controller of the City of Pasadena, annexed hereto andi incorporated herein for all purposes, are hereby ratifieda and: approved, asi issued. PASSED by the City Council oft the City of Pasadena, Texas, in regular meeting att the City, ont this 17th day of December 2024. APPROVED ont this 17th day of December 2024. JEFF WAGNER Mayor City of Pasadena, Texas ATTEST: AMANDA MUELLER City Secretary City of Pasadena, Texas JAY W. DALE City Attorney City of Pasadena, Texas Page 1of10 CITY CONTROLLER'S OFFICE CITY OFP PASADENA ACCOUNTSPAYABLE 12/04/20241 THROUGH1 12/17/2024 AMEGYE BANKO OFT TEXAS PURPOSE OFF PAYMENT EMPLOYEE DEDUCTIONS EMPLOVEE DEDUCTIONS EMPLOYEE DEDUCTIONS EMPLOYEE DEDUCTIONS EMPLOYEE DEDUCTIONS VENDOR# VENDORI NAME 34394 AETNA L21710 L21280 L21112 EQUI-VEST LOANI LOCKBOX L21113 INVESCOI INVESTMENT: SERVICEI INC 12887 METLIFE-GROUPE BENEFITS L21278 MICHIGANS STATE DISBURSEMENT UNIT 41381 L21271 L21742 L21710 L21280 L21112 L21113 L21278 41381 L21271 L21742 SUBTOTAL- EMPLOYEE DEDUCTIONS CHECKS MAILED 12.13.24 W43062 1717 NORFOLKLLC W43056 ALMANZA, RENE MARTINEZ W43074 ANDERSON, TERRI LYNN ORC CURTISG W43050 ARREDONDO, JORGE LUIS W41144 BARRERA, MIGUELJ JR OR W43071 BUTTAÇAVOLI, PETERJ W43025 CASTILLO, CRISTINA ALEIANDRA OR W43067 CATRAN, ASSAF W43035 CHICOF PERFORMANCE W43063 CICH HOLDINGSULC W42997 COFER, KIMBERLYADAMS W43031 CORDOVA, JORGE ARTURO W43072 DIAZ, DAVID ORF FELICIA W43046 DIAZ, NORMALOR W43066 DOR RIGHTF PROPERTIES, LLC W43002 EAGAN, JUSTINR RYAN W43052 ENRICHING1 THE COMMUNITY W43008 FIELDS, CHRISTOPHER M ORS STACEYR W43053 FLORES, HECTORJR W43073 FREIMULLER, WENDY CHRISTINE W43069 FUENTES, ELVIRA W43045 GARZA, ELOY GUSTAVO W43024 GRACIA, JENNIFER AYLIN W43028 GROCE, DIANNAI LYNN W43061 GUTIERREZ, GEORGINA OR W43036 HAGERTY, KEVLIN JOSEPH W42995 HAGLER, RONALD JAMES W43023 HERNANDEZ, ANAC ORE ESCOBAR W43020 HERRERA, JESSICALYNN OR W43040 JCSPENCER, LLC W43047 KMNF REALTY,LLC W43057 MARISCOSY YMICHELADASELPLEBE W43041 MCDANIEL, STELLAW W43021 MONTERROSOI LOPEZ, YESENIABOR W42332 REBECCAAMORALES W41978 NAJERA, AIDA W43044 NASAI HOUSE BUYERSLLC W43039 NAVAEZ, ROMANO OR W43049 NESBITT, EMILIEA W43042 NGUYEN, TRANG W43070 ORTIZ, GRACIELAI MIUARES W43003 PAGAYA: SMARTRESI W43051 PASADENA! HOLDINGSLLC W43032 PATEL, MAHESHZ AMOUNT 92,605.99 11,047.08 69.22 1,397.02 150.00 23,400.46 251.26 166.00 70.62 5,185.47 134,343.12 10,992.84 69.22 1,397.02 150.00 251.26 166.00 70.62 5,224.10 18,321.06 118.86 125.00 26.69 62,72 89.35 227.28 88.41 13.97 47.27 83.97 62.72 17.81 111.88 17.60 75.02 65.96 339.72 61.61 63.72 96.27 38.84 27.21 92.85 78.59 68.19 125.04 20.95 88.78 99.91 268.20 33.99 97.36 16.07 74.32 125.00 50.18 77.40 102.88 27.17 29.76 55.00 65.96 70.48 96.99 AMF FAMILYLIFE ASSURANCE COMPANY EMPLOYEE DEDUCTIONS CALIFORNIAS STATEL DISBURSEMENT UNIT EMPLOYEE DEDUCTIONS NEW JERSEYI FAMILY SUPPORT PAYMENT EMPLOYEE DEDUCTIONS OHIO CHILDS SUPPORTF PAYMENT CENTRAL EMPLOYEE DEDUCTIONS POLICEA ANDF FIREFIGHTERS ASSOCIATION EMPLOYEE DEDUCTIONS AMF FAMILYL LIFEA ASSURANCE COMPANY EMPLOYEE DEDUCTIONS CALIFORNIA: STATE DISBURSEMENT UNIT EMPLOYEE DEDUCTIONS NEW JERSEY FAMILY SUPPORT PAYMENT EMPLOYEEI DEDUCTIONS OHIO CHILDS SUPPORTI PAYMENT CENTRAL EMPLOYEE DEDUCTIONS POLICEA ANDF FIREFIGHTERS ASSOCIATION EMPLOYEE DEDUCTIONS SUBTOTAL- EMPLOYEE DEDUCTIONS CHECKS MAILED1 11.27.24 EQUI-VEST LOANI LOCKBOX INVESCOI INVESTMENT: SERVICE INC MICHIGANS STATE DISBURSEMENTI UNIT EMPLOYEE DEDUCTIONS EMPLOYEE DEDUCTIONS EMPLOVEE DEDUCTIONS UBR REFUND UBF REFUND UBF REFUND UBR REFUNO UBF REFUNO UBR REFUNO UBR REFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBR REFUND UBF REFUND UBR REFUND UBR REFUND UBR REFUND UBR REFUND UBR REFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBREFUND UBF REFUND UBREFUND UBF REFUND UBREFUND UBREFUND UBREFUND UBREFUND UBR REFUND UBREFUND Page 2of10 W43064 PERRY,CLARAB W42998 POP CHOC, MARCOS GONZALO W43030 RAMIREZ, JOSE GUADALUPE W42996 REYESCOMLLC W43038 REYESCOMLLC W43029 RIVAS, REGINALDOIR W43068 RODRIGUEZI HERRERA, IMMERM W43058 ROSS DRESS FORL LESS, LLC W43037 SANCHEZ1 TORRES, KARLAEDITH W43009 SKFAMILY GROUPI LLC W43001 SPECIALIZED PROPERTY MANAGEMENT W42994 TORRES, VERONICAA ANN W43019 TORRES, VERONICAA ANN W43055 TREVINO, LUISA W43026 UNRUH, JAMESA ALLEN W43048 URBANO, ANARBOLI MORENO W43054 VAZQUEZ, LAURA W43043 WFIN MANAGEMENTLLC W43027 WINWARDF RACING! LLC W43022 ZOLAN, YVONNE CASTANEDA 42137 BRISEYDAE BARAJAS 39760 DANIEL CRUZJ JR 31616 ANAYA, MARYA ANN 38551 RODNEYR RAZO 36322 ALEXADENISE! SANCHEZ 41219 JOSILYN GABRIELLA VAESA 39998 110%1 INC 42902 A&DINSPECTIONS 00010879 A&HWRECKERS SERVICE 00003305 A&RENGINEERING. 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SERVICES-OCT DATAS SERVICES-OCT PHONE CHARGES-NOV EQUIPMENTPARTS 23-218BOOKS 23-218AVMATERIAIS 23-0550 CONCRETE 24-082 CONCRETE 2025 MEMBERSHIP DUES VEHICLER REPAIRS TIRES 12.42 56.32 80.49 1,154.39 342.66 10.13 53.52 2,630.00 140.61 59.90 64.96 20.57 62.28 59.37 20.91 90.68 125.00 28.40 67.78 5.49 8,712.83 714.00 3,915.00 66.00 66.00 387.00 36.00 5,184.00 2,985.00 525.00 3,595.00 9,891.00 24,626.32 723.73 249.64 124.82 51.62 1,682.80 612.98 1,649.88 3,862.31 577.50 646.83 998.00 1,835.00 6,980.00 249.75 104,323.05 1,138.50 572.70 2,850.00 548.83 150.00 50.00 3,496.97 235.66 48,923.00 1,302.26 10,327.00 100.00 5,070.00 49.90 7,965.00 6,426.30 286.25 9,235.77 1,057.67 2,503.28 4,291.32 1,358.00 1,762.65 2,500.00 2,269.02 30,052.53 SUBTOTAL- WATERBILLING1 TOB BEI MAILEDF FOLLOWING1 THE COUNCIL MEETING 12.17.24 SUBTOTAL- CONTRACT EMPLOYEE1 TOE BEI MAILEDF FOLLOWING' THE COUNCIL MEETING 12.17.24 ACADIANA AMBULANCE: SERVICEOF1 TEXAS 20-051 EMSS SVC-DEC 00003905 ACESA ANIMAL CAREE EQUIPMENT: SERVICES CAT CARRIERS Page3of10 00020920 BINSWANGER GLASS COMPANY 00006758 BOBCAT OFH HOUSTON 41194 BOYER, INC 00006357 BRENNTAGS SOUTHWESTI INC 00004562 BROOKS CONÇRETE INC 10687 BUDCOII INC. 26009 BUSINESSFLOORING PARTNERS, LLC 43016 PABLO CABRAL 30351 CALLAWAY GOLF SALESCO. 00002975 CAMPBELLI PETC COMPANY 9420 CARE ATC 10569 AZELLO CARTER 23813 CGR ROXANE LLC 42558 CHARLIE HINDS WRECKER SERVICE INC 00003055 CHASTANGS BAYOUC CITYF FORD TRUCK 00030043 CITY OFE HOUSTON 00031205 CLEARLAKE CITYWATER AUTHORITY 35131 CLIFFORDE POWERS SYSTEMS, INC 19992 CODE ENFORCEMENTSPETTY: CASH 00004893 COLLIER MATERIALS 8608 COMCAST CABLE 00006998 COMMERCIAL FENCE CO 43012 DOMINICCORTES 43033 CROWE, LLP 33662 CUMMINS! 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EQUIPMENT WEED/BRUSH CONTROL COACHINGI INCENTIVE T019 TRAFFIC MOBILITYI IMPROV TLOXP DATABASE SEARCHS SER WEEKLY UNIFORM RENTAL/SER STDF PREMIUMS-DEC MAINTENANCE1 TOOLS AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRÇARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD AIRCARD 13-103 LANG SVC-NOV SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES 6,542.60 34,365.88 6,208,500.99 292.35 1,363.50 136,251.00 425.44 1,108.00 1,576.75 381.48 468.00 175.00 1,437.69 3,397.00 168.80 144.65 505.00 929.00 4,845.89 193,969.33 3,411.90 2,000.00 84.77 177,616.80 834.62 205,050.82 600.00 3,830.00 5,606.66 19,952.68 500.00 45.00 1,322.97 969.30 523.92 28,325.63 2,816.62 75.98 37.99 265.93 455.88 189.95 1,671.56 189.95 558.45 604.84 804.80 873.77 341.91 455.88 645.83 493.87 227.94 75.98 303.92 227.94 189.95 75.98 303.92 151.96 1,691.66 721.81 1,024.24 18,180.05 424.47 30,484.41 841,47 439.27 162.29 198.00 144.00 50.00 500.00 58.77 D048,D056,5132,8: $135 BAYOUS & DRAINAGE PAVINGI IMPROV TEAMWORK CONSTRUCTION: SERVICES, INC D0428 BROWINGI DRAINAGE &F F011/F0141 MEDIAN CROSSOVER VOIANCE LANGUAGE SERVICES, LLC Page 6of10 00002071 WASTE MANAGEMENT 00002071 WASTEN MANAGEMENT 00002071 WASTEN MANAGEMENT 00002071 WASTEN MANAGEMENT 00200596 WASTES SYSTEMSE EQUIPMENTI INC WATERWAY CLEANUP SERVICES HERMAN WEBER WEXE BANK 00006749 WORTHHYDROCHEMC OFH HOUSTON 00005305 TMLI INTERGOVERMMENTAL RISKP POOL SUBTOTAL- -TOBEN MAILEDF FOLLOWING THE COUNCILI MEETING 12.17.24 PER CHECK REGISTER CK#) XX2551- XX2921 SERVICES SERVICES SERVICES SERVICES REPAIRE PARTS NPSECTIONS/MAINT: DEC CIVIL SVCSTIPEND-DEC FUELPURCHASESNOV MAINTENANCE-DEC INSURE EXP-SEPT 185.00 793.63 711.53 349.56 457.48 925.00 50.00 18,744.19 1,485.00 41,639.94 10,668,661.57 10,835,222.58 10064 74690 10808 Page 7of10 FOR COUNCIL REVIEW HOUSING CHOICE VOUCHER PROGRAMU UTILITY Page8of10 HOUSING DEPARTMENT CITY OFF PASADENA 12/1/20241 THROUGH1 12/31/2024 AMEGY BANK OF1 TEXAS PURPOSE OFF PAYMENT UTILITY UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITYI REIMBURSEMENT UTILITY REIMBURSEMENT UTIUTYREMBURSEMENT UTILITYI REIMBURSEMENT UTILITYR REIMBURSEMENT UTILITYR REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITYF REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILTY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTIUITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITYR REIMBURSEMENT UTILITY REIMBURSEMENT UTILITYR REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT HOUSING CHOICE VOUCHERE PROGRAM- UTILITYF REIMBURSEMENT HOUSINGI DEPTI INAME TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 AMOUNT 81.00 143.00 111.00 14.00 54.00 2.00 32.00 59.00 102.00 38.00 120.00 11.00 10.00 32.00 54.00 71.00 11.00 11.00 16.00 132.00 19.00 78.00 32.00 11.00 83.00 32.00 31.00 37.00 8.00 32.00 49.00 32.00 47.00 7.00 80.00 123.00 16.00 66.00 54.00 9.00 83.00 7.00 40.00 32.00 7.00 27.00 16.00 31.00 16.00 15.00 11.00 114.00 32.00 32.00 54.00 11.00 78.00 54.00 16.00 32.00 15.00 28.00 71.00 54.00 75.00 ASHLEYMEDWARD JESSICAN MS SOLIS-VALDEZ SHFREENASGADERSON NICOLELE RUBIO CARL MS SMITH KIWANAF RJ JAMES LEANDRIAF RGARRETT AVIS WESLEY DAKOTALWHATLEY SHAYLACOX SHANAJA) Y# RICHARDSON ANGIE MR RODRIGUEZ STEPHANIEL LGILLS STEPHANIE GUDINO LANICE BENJAMIN VERONICAI MOHAMAD LETICIA CARRIZALES CYNTHIA G COLE TANGELA COLLINS GINA! M COVARRUBIAS MARIATDONEZ MARILYN DORSEY BRIDGETTR FLOWERS HERLISA GUMBS ALMAMARTINEZ EDDRICKASKING ELIZABETH! LICEAGA RAYRMAGALLANES JAZMYNE MAYO VERONICA ORTIZ TOMMIE BPOLK BRANDY DRAMIREZ JOCELYNN SMITH ERICAJMINNIEFELD NAOMIDDIAZ MONICAYFLEEKS YADIRACORTIZ ANGEL MS SAUCEDA LAURENTE HOUNMETIN LETITIAC DHOLMES KIMBERLYNS SQUARE ELIZABETHM GUZMAN SHARONDRAJ DOUGLAS PRECIOUS CFRANCIS KENTRELL MN MASON ARIEL MH HALL FALLON MS STREAMS MARISSAZ ZAPATA RYNETTEC CJ JOHNSON KIANTE MI HEFLIN ELIAEDIAZ VASQUEZ KIERRAD DF RINGER CHRISTIANAHOLMAN DORISJLOPEZ TVREKANROBINSON KRISTIN GABEL MICHELERSCALES CIERRAVREED DANARIASJACKSON CHALSETTEAF PENNAMON CHANTE MOORE SANDRANALLY DOMINIQUESMAYS TYTEANAMILES SYMINTHAI ROBINSON Page 9of10 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 TX440 OHNMESHALMANUEL FREDAMS SMITH DAWNTRALL CODEMS SHERTIRAEMASIE CHARITIE MFLORES ROSHEMAJ JMOBLEY TIMETRAYEASTER AUQUANEACE! D WHITE JASMINEL L MILES JERMIKAI NV WILLIAMS NICOLE MN MARKS KENDELYNN RI MARSHALL ODESHALI WILKINS RICHARD CONTRERAS DANIELLE RC OWENS DORISL LAWS DYESHAI MT TOLBERT SHIMIKAD DA MILES MARION LHALL ISHMIYA AI MORRISON KIOSHA BF ROBINSON MONTOYA ACONNOR DESIRA DSALLIE CHAD1 TAVIAN WL LINDEN RANDTRICA RNORMAN CROCKETT TIFFANY CHENIER ERNESTINAN HH HURTADO CECIUALFLORES JESSICAFR RODRIGUEZ DEJAMH HOLMES JADAADIAZ LAQUINTARRANDALL TAMARAF ROAVIS CRISTAL GUDINO CHRISTINE CORRANCO MAYRAELARES JACQUELINE GUTIERREZ RUBYLDOTSON MARY MADISON DIAMOND FHAYES LAQUITAE ELLIS RACHELI MOORE ALEJANDRA CHAVEZ ASHLEYJLARRY KLANDRAFARLEY SHOLANNA AJAYI PERCHECK REGISTER CK#) 0X2922- XX3032 UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITYE REIMBURSEMENT UTILITY REIMBURSEMENT UTUIYREMBURSEMENT UTUIYRENMBURSEMENT UTIUTVREMBUASEMENT UTUIYREMBURSEMENT UTLIYREMBURSEMENT UTLIYREIMBURSEMENT UTIUITYRENMEURSEMENT UTILITY REIMBURSEMENT UTILITYR REIMBURSEMENT UTILITYE REIMBURSEMENT UTILITY REIMBURSEMENT UTILITYE REIMBURSEMENT UTILTYE REIMBURSEMENT UTILITY REIMBURSEMENT UTILITYE REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITYE REIMBURSEMENT VTUIYREMBURSEMENT UTLIYREMBURSEMENT UTUIYREMBURSEMENT UTUIYREMBURSEMENT UTUITRENMBURSEMENT UTUTYRENMBURSEMENT UTILITYR UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTIUTY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT UTILITYE REIMBURSEMENT UTILITY REIMBURSEMENT UTILITYR REIMBURSEMENT UTILITY REIMBURSEMENT UTILITY REIMBURSEMENT 32.00 111.00 16.00 102.00 16.00 127.00 32.00 95.00 107.00 54.00 97.00 123.00 12.00 32.00 32.00 32.00 54.00 32.00 61.00 16.00 132.00 32.00 54.00 13.00 32.00 92.00 37.00 87.00 32.00 111.00 16.00 143.00 95.00 143.00 9.00 7.00 54.00 132.00 71.00 54.00 32.00 84.00 81.00 34.00 132.00 9.00 5,802.00 Utility reimbursement: checks willl ber mailedf following City Council approval. Page 10of10 ITEM ONE PERSONNEL REQUESTS December 17, 2024 A. REGULAR EMPLOYEES 1. RECOMMENDED EMPLOYMENT Magda Cardenas Aracely Cortes Jo Anne Estrada Kady McDonnel Angel Munoz Ethan Rendon 2. REINSTATEMENTS 3. NOTICE OF SUSPENSIONS 4. NOTICE OF RESIGNATIONS Michelle Blunt Robert Espinoza Aylin M. Galvan Jeremy Leighton Harolds Rafael Magallon Yaderi M. Padila-Hemandez Mariana Reyes Yvette Ruiz Lauren Ware 5. NOTICE OF RETIREMENTS Gloria A. Arizmendez City Marshal, City Marshal, 11300-1450-7, $2,684.00 b/w, effective 12/18/24 PSO Shift Supervisor, Police Operations, 13520-2582-5, $2,503.20 b/w, effective 12/18/24 Economic Development Manager, Economic Development & Liaison, 11505-1681-2, $2,929.60 b/w, Evidence Technician, Police Support, 13540-1805-4, $1,600.00 b/w, effective 12/18/24 Utility Worker I, Water Distribution, 30500-3690-3, $1,160.00 b/w, effective 12/18/24 Evidence Technician, Police Support, 13540-1805-1, $1,600.00 b/w, effective 12/18/24 effective 12/18/24 Marketing Specialist, Recreation Administration, PT Athletics Pooled Position, Athletics, effective 7/3/24 Police Cadet, Police Academy, effective 12/10/24 Police Officer, Police, effective 11/27/24 Police Cadet, Police. Academy, effective 11/25/24 Deputy Clerk I, Municipal Court, effective 12/20/24 Library Assistant 1, Library, effective 11/29/24 Inspector II, Health, effective 12/13/24 Police Cadet, Police Academy, effective 11/26/24 Municipal Court Coordinator, Municipal Court, effective 1/3/25 effective 12/10/24 effective 11/26/24 Laura Miller 6. NOTICE OF DEATHS B. FINANCE DEPARTMENT Senior Office Assistant, Police Support, 1. RECOMMENDED EMPLOYMENT 2. REINSTATEMENTS 3. NOTICE OF SUSPENSIONS 4. NOTICE OF RESIGNATIONS 5. NOTICE OF RETIREMENTS 6. NOTICE OF DEATHS 7. ADMINISTRATIVE CHANGES IN FINANCE PERSONNEL C. ADMINISTRATIVE CHANGES IN PERSONNEL D. INTRODUCTION OF NEW EMPLOYEES * Require Approval of Council PRE-COUNCIL MEETING CITY OF PASADENA December 3, 2024 - 9:30 a.m. MINUTES CALL TO ORDER Mayor Wagner called the Pre-Council Meeting to order. Proceeded to go overt the agenda. (19)- (A)-(2) FIRST. READINGS: Item (P)- Councilmember Van Houte noted there was nothing in the description to show what services were being paid. Robin Green, Director of Public Works, stated he would Item (Q) - Councimember Van Houte questioned if the city would be responsible for the lead pipe on the city side only; and what part would the citizens be responsible for. Short question/answer session followed between Councimember Van Houte, Mayor Wagner, provide her with additional information before the final reading. and Robin Green. (21)-E EXECUTIVE SESSION: Item (A) Mayor Wagner reminded everyone there would be an Executive Session. Noted that afterward, Mayor Pro Tem Villarreal would close the council meeting. ADJOURNMENT 9:33 a.m. = Mayor Wagner adjourned the Pre-Council Meeting. RECORD OF PROCEEDINGS CITY OF PASADENA December 3, 2024 - 10:00 a.m. CALL TO ORDER to order by Mayor Wagner. ROLL CALL The regular Council Meeting of the City of Pasadena, Harris County, Texas, was called COUNCIL PRESENT: Mayor Jeff Wagner RUBEN VILLARREAL BIANCA VALERIO PAT VAN HOUTE District A District B District D JONATHAN ESTRADA DOLAN DOW ORNALDO YBARRA District E DistrictF DistrictG EMMANUEL GUERRERO - District C City of Pasadena - Council Meeting THOMAS SCHOENBEIN - District H 1 Minutes: 12-03-24 10:00 a.m. Also present at the Council table was Amanda Mueller, City Secretary. INVOCATION - Azell Carter, Emergency Management Coordinator PLEDGES OF ALLEGIANCE - Councilmember Jonathan Estrada COMMUNITY INTEREST COMMENTS IN ACCORDANCE WITH CHAPTER Councimember Estrada - Wished everyone a good morning. Recognized students from Keller Middle School and Bobby Shaw Middle School in the audience. Noted the upcoming Christmas Tree Lighting event to be held on Friday, December 6th, and the Councilmember Dow - Commented it was good to see everyone at the meeting. Hopes Councilmember Ybarra - Welcomed Keller Middle School and Bobby Shaw Middle Councilmember Schoenbein = Wished everyone happy holidays. Welcomed Bobby Shaw Middle School and Keller Middle School. Gave a special thank you tol Keller Middle School for inviting him to speak at their Career Day event. Commented it was an incredible Councilmember Villarreal - Welcomed everyone to the meeting. Commented that he knew the students were looking forward to Christmas. Glad to see them at the meeting. Councilmember Valerio - Stated she was excited to see all the students back at the meeting. Explained reasons she has called Point of Order at previous meetings. Commented that she hopes anyone who speaks at the meeting will be respectful. Councilmember Guerrero - Welcomed Keller Rangers and Bobby Shaw Middle School. Commented that one day they would be the ones sitting in the Council chairs. Noted the citizen rules for speaking before Council; commenting they have not been abided to the 551.0415 OF THE GOVERNMENT CODE Lighted Parade on Saturday, December 7th. everyone had a good Thanksgiving. School to the meeting. experience. last couple of meetings. Councimember Van Houte - Passed, no comment. CITIZENS WISHING TO ADDRESS COUNCIL Ty Smith = Commented on a misdemeanor that he received and paid for. Referenced a previous meeting where Councimembers called Point of Order while he was speaking. Councilmember Valerio - Point of Order. **Note** At this time, there was an exchange between Councilmembers Valerio and Guerrero and Mr. Smith. City of Pasadena - Council Meeting 2 Minutes: 12-03-24 10:00a.m. Ty Smith Continued his comments. Stated that citizens have the right to freedom of speech, the freedom to associate, and freedom of their political beliefs. Commented on an incident he had ati the police department where he stated he was threatened. Councilmember Valerio - Point of Order. **Note** At this time, there was an exchange between Councilmembers Valerio and Guerrero and Mr. Smith. Mayor Wagner gaveled the meeting back to order. TySmith - Proceed with his comments. **Note** At this time, there was an exchange between Councilmembers Valerio and Guerrero and Mr. Smith. Mayor Wagner gaveled the meeting back to order. Robert Jeter III - Wished everyone a good evening. Commented on a previous council meeting in which he stated he had an incident with a councimember where he was called names and another councilmember had to intervene. Stated that comments made by that councimember are defamatory. Referenced Texas Government Code Section 551.023 concerning the recording of a meeting. Believes council should address the actions oft the mentioned councimember. Councilmember Guerrero - Point of Order. **Note** At this time, there was an exchange between Councimember Guerrero and Mr. Jeter. Mayor Wagner gaveled the meeting back to order. Robert Jeter III - Continued his comments. Alan Fowler Stated he is glad there is going to be accountability at the meetings. Discussed a previous council meeting he attended with his son, who is incapacitated, where he had an incident with a councilmember and a member of the audience. Ken Donnell Madison Jobe, Senior Center Supervisor. Wished everyone a good moring. Invited everyone to attend the Home for the Holidays event to be held on Saturday, December 14th from 10:00 a.m. - 2:00 p.m. at the Heritage Park and Museum located at 204 S. Main Street. Recognized Museum Specialists Karen Holland and Cassandra Krebs for the months of work they have spent going through the archives and pulling out historical documentation. Noted Mr. David Pomeroy will be a guest speaker. Cristina Womack - President & CEO, Pasadena Chamber of Commerce. Wished everyone a good morning. Stated the Pasadena Chambers's focus is to connect, advocate, serve, and educate. Thanked the City of Pasadena, Pasadena Economic Development Corporation, and other major sponsors and volunteers for helping to make the Taste of the Town event possible. Encouraged everyone to support local businesses. Congratulated the following 2024 award winners; 1) People's Choice Nothing Bundt Cakes, 2) American Categony-Applepees, 3) Beverage - Blue Chair Bay Rum, 4)Casual Dining Jason's Deli, 5) Best Dessert-F Pasadena High School Culinary Students, 6) Latin - Gordo Ninos, 7) Southern - The Wooden Spoon, 8) Specialty = Mambo Seafood, and Hopes to see everyone there. City of Pasadena - Council Meeting 3 Minutes: 12-03-24 10:00 a.m. 9) Best Decorated Booth = Nothing Bundt Cakes. Noted upcoming events for 2025. Keller Middle School - Noted they had, once again, participated in the City of Pasadena Can Do Food Drive and are happy to announce they collected over 3,000 pounds of food. Noted this was twice as much as they had collected the previous year. Commented they are proud of the students and staff that brought food to benefit the Pasadena Community. Thanked Councilmember Schoenbein and the other 30 Career Day presenters who attended this annual Career Day event in November. Remarked that this day is always a success because of the community volunteers who come to the school to talk to the Wished everyone a Merry Christmas and Happy Holidays. students. Rangers Lead the Way. DOCKETED CITY COUNCIL HEARINGS PRESENTATION OF PROCLAMATIONS. AWARDS AND COMMUNITY EVENTS PROPOSALS FOR CITY BUSINESS PRESENTATION OF MINUTES - November 19, 2024 - 6:00 p.m. Councilmember Guerrero moved, seconded by Councilmember Estrada that the Minutes from the November 19, 2024 Council Meeting be APPROVED. MOTION CARRIED, UNANIMOUS. PRESENTATION OF MINUTES OF SPECIAL MEETING CONTRACT CHANGE ORDERS PROGRESS PAYMENTS (A) Contractor: Estimate No.: Three (3) Amount: Project: Project No.: D066 Ordinance No.: 2024-078 (B) Contractor: Estimate No.: One (1) Amount: Project: Project No.: $198 Ordinance No.: 2024-144 (C) Contractor: Estimate No.: Eight (8) Amount: Project: Project No.: D062 Ordinance No.: 2024-022 Mar-Con Services, LLC $540,339.69 Red Bluff Road Drainage Improvements Mar-Con Services, LLC $107,517.56 Flamborough Drive Bridge Repairs Mar-Con Services, LLC $79,511.21 2024 Annual Paving & Drainage Improvements City of Pasadena - Council Meeting 4 Minutes: 12-03-24 10:00a.m. (D) Contractor: Estimate No.: Eight (8) Amount: Project: Project No.: S140 Ordinance No.: 2024-022 (E) Contractor: Estimate No.: Two (2) Amount: Project: Project No.: W073 Ordinance No.: 2024-114 Mar-Con Services, LLC $76,314.47 2024 Annual Paving & Drainage Improvements TConstruction, LLC $300,988.50 2024 Citywide Waterline Replacement Councilmember Guerrero moved, seconded by Councimember Schoenbein that Progress Payments (A), (B), (C), (D) and (E) be APPROVED. MOTION CARRIED, UNANIMOUS. FINANCE RESOLUTION NO. 2915 MISC. CLAIMS & INVOICES Councimember Guerrero moved, seconded by Councimember Dow 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 2915 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 Schoenbein moved, seconded by Councimember Guerrero that Personnel Changes (A) be APPROVED. MOTION CARRIED, UNANIMOUS. MAYORAL APPOINTMENTS CITY BOARDS AND COMMISSIONS REPORTS REPORTS OF COMMITTEES MAYOR'S REPORT City of Pasadena - Council Meeting 5 Minutes: 12-03-24 10:00a.m. ORDINANCES FINAL READINGS ORDINANCE 2024-239- : Amending Ordinance 2012-030 which authorized and approved a457(b) Deferred Compensation Plan with Equitable Financial Life Insurance Company. Councilmember Ybarra moved, seconded by Counci/member Valerio that Ordinance 2024-239 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-240 - Authorizing and approving a 12-month supply contract by and between the City of Pasadena, Texas, and Baker & Taylor, LLC using TXSmartBuy contract #715-M2 to enable the Library to purchase materials for their continuing collection development on an "as needed" basis and for ancillary services. Councilmember Ybarra moved, seconded by Councilmember Valerio that Ordinance 2024-240 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-241 - Authorizing and approving an Interlocal Agreement by and between the City of Pasadena, Texas, and Harris County, Texas, for Library Services. Councimember Ybarra moved, seconded by Councilmember Valerio that Ordinance 2024-241 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-242 - An Ordinance granting Gulf Coast Radio Control Club the license to use the described property for the club's radio control activities for a lease fee Councilmember Ybarra moved, seconded by Councimember Valerio that Ordinance 2024-242 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-243 - Authorizing and approving the annual maintenance agreement by and between the City of Pasadena, Texas, and Tyler Technologies, Inc. for the Councilmember Ybarra moved, seconded by Councimember Valerio that Ordinance 2024-243 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-244 - Authorizing and approving an agreement between the City of Pasadena, Texas, and. John Eric Hebert dba Auctions by Beara as auctioneerto sell certain abandoned and impounded vehicles, retired City fleet rolling stock, equipment, and other Councilmember Ybarra moved, seconded by Councilmember Valerio that Ordinance 2024-244 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-245 - Authorizing and approving extension of annual contract approved by Ordinance 2022-085 for the purchase of asphalt, emulsified and tack oil for of$ $1.00 per year. EnerGov-EAM software; and appropriating the amount of $261,614.00. surplus. City of Pasadena - Council Meeting 6 Minutes: 12-03-24 10:00a.m. ap period of one year between the City of Pasadena, Texas, and Texas Materials Group, Councilmember Ybarra moved, seconded by Councimember Valerio that Ordinance 2024-245 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-246 - An Ordinance authorizing a contract with Kim Neal & Associates, LLC through the Interlocal Purchasing System (TIPS) contract #211001 for Councimember Ybarra moved, seconded by Councilmember Valerio that Ordinance 2024-246 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-247 - An Ordinance amending Ordinances 1990-216 and 2021-211 by which an employee activity fund and committee were originally created and then further amended, by making changes to allow for additional paid time off (PTO) and for the acceptance of donated prizes or gifts, to be available for distribution to selected eligible employees as recommended by the Employee Activity Committee and approved Councimember Ybarra moved, seconded by Councilmember Valerio that Ordinance 2024-247 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. Inc. the foundation repair at the Verne Cox Multipurpose Recreation Center. by the Mayor. FIRST READINGS ORDINANCE 2024-248 - An Ordinance adopting and approving a proposed Capital Improvement Plan (CIP) for FY 2025-FY2 2029 as its official Capital Plan (approved CIP) Councilmember Ybarra moved, seconded by Councimember Schoenbein that Ordinance 2024-248 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-249 - Authorizing and approving the termination of Ordinance 2019- 006 agreement between the City of Pasadena, Texas, and Arceneaux Wilson & Cole, LLC for Design Services for Drainage Mitigation B-7 Project (CIP #DMB7). Councilmember Ybarra moved, seconded by Councilmember Schoenbein that Ordinance 2024-249 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-250 - Authorizing and approving the termination of Ordinance 2019- 007 between the City of Pasadena, Texas, and Brooks & Sparks, Inc., for Design Services for Drainage Mitigation Projects A-2, C-1,C-7 and SW (CIP #'s DMA2, DMC1, DNC7 and Councimember Ybarra moved, seconded by Councimember Schoenbein that Ordinance 2024-250 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-251 - Authorizing and approving the termination of Ordinance 2019- 008 agreement between the City of Pasadena, Texas, and Dannenbaum Engineering Corporation for Design Services for Drainage Mitigation A-3 Project (CIP #DMA3). for the Fiscal Year 2025. DMSW). City of Pasadena - Council Meeting 7 Minutes: 12-03-24 10:00a.m. Councilmember Ybarra moved, seconded by Councilmember Schoenbein that Ordinance 2024-251 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-252 - Authorizing and approving the termination of Ordinance 2019- 009 agreement between the City of Pasadena, Texas, and Edminster, Hinshaw, Russ and Associates, Inc. for Design Services for Drainage Mitigation A-5 Project (CIP Councilmember: Ybarra moved, seconded by Councilmember Schoenbein that Ordinance 2024-252 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-253 - Authorizing and approving the termination of Ordinance 2019- 010 between the City of Pasadena, Texas, and Entech Civil Engineers, Inc., for Design Services for Drainage Mitigation Projects B-1, B-3, and B-4 (CIP #'s DMB1, DMB3, and Councimember Ybarra moved, seconded by Councilmember Schoenbein that Ordinance 2024-253 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-254 - Authorizing and approving the termination of Ordinance 2019- 011 between the City of Pasadena, Texas, and HR Green, Inc., for Design Services for Drainage Mitigation Projects C-3, C-4, C-5, C-6 and CI (CIP #'s DMC3, DMC4, DMC5, Councimember Ybarra moved, seconded by Councilmember Schoenbein that Ordinance 2024-254 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-255 - Authorizing and approving the termination of Ordinance 2019- 012 agreement between the City of Pasadena, Texas, and Kenall, Inc., for Design Councilmember Ybarra moved, seconded by Councimember Schoenbein that Ordinance 2024-255 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-256 - Authorizing and approving the termination of Ordinance 2019- 013 agreement between the City of Pasadena, Texas, and Kit Professionals, Inc., for Councilmember Ybarra moved, seconded by Councilmember Schoenbein that Ordinance 2024-256 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-257 - Authorizing and approving the termination of Ordinance 2019- 014 agreement between the City of Pasadena, Texas, and J. Morales, Inc., for Design Councimember Ybarra moved, seconded by Councimember Schoenbein that Ordinance 2024-257 be passed on first reading only. MOTION CARRIED, UNANIMOUS. #DMA5). DMB4). DMC6 and DMCI). Services for Drainage Mitigation B-5 Project (CIP #DMB5). Design Services for Drainage Mitigation B-2 Project (CIP #DMB2). Services for Drainage Mitigation A-7 Project (CIP #DMA7). City of Pasadena = Council Meeting 8 Minutes: 12-03-24 10:00a.m. ORDINANCE 2024-258 - Authorizing and approving the termination of Ordinance 2019- 015 agreement between the City of Pasadena, Texas, and RPS Infrastructure Inc., for Councilmember Ybarrai moved, seconded by Councimember Schoenbein that Ordinance 2024-258 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-259 - Authorizing and approving the termination of Ordinance 2019- 016 between the City of Pasadena, Texas, and S & B Infrastructure LTD., for Design Services for Drainage Mitigation Projects A-6 and C-2 (CIP #'s DMA6 and DMC2). Councimember Ybarra moved, seconded by Councimember Schoenbein that Ordinance 2024-259 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-260 - Authorizing and approving the termination of Ordinance 2019- 017 between the City of Pasadena, Texas, and Sirrus Engineers, Inc., forl Design Services for Drainage Mitigation Projects A-1, A-4 and HH (CIP #'s DMA1, DMA4, and DMHH). Councilmember Ybarramoved, seconded by Councimember Schoenbein that Ordinance 2024-260 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-261 - Authorizing and approving the termination of Ordinance 2019- 120 between the City of Pasadena, Texas, and Edminster, Hinshaw, Russ and Associates, Inc. (EHRA), for Design Services for Drainage Mitigation Flood Warning Councilmember Ybarra moved, seconded by Councimember Schoenbein that Ordinance 2024-261 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-262 - Authorizing and approving a contract between the City of Pasadena, Texas, and Cubic ITS, Inc. for purchase by the City of Pasadena of traffic signal cabinets and accessories for a total appropriation of $55,500.00 through BuyBoard Councilmember Ybarra moved, seconded by Councilmember Schoenbein that Ordinance 2024-262 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-263 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and LJA Engineering, Inc. for Geographic Information Systems Councimember Ybarra moved, seconded by Councimember Schoenbein that Ordinance 2024-263 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-264 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and Entech Civil Engineers, Inc. for Professional Services for Lead and Copper Rules Improvement (LCRI) Phase II for a total appropriation of $622,632.00 to be funded from the System Fund Other Charges Account. Design Services for Drainage Mitigation B-6 Project (CIP #DMB6). System Project (CIP #DMFW). Contract #703-23. Services for a total appropriation of $210,000.00. City of Pasadena - Council Meeting 9 Minutes: 12-03-24 10:00a.m. Councilmember Ybarra moved, seconded by Councilmember Schoenbein that Ordinance 2024-264 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2024-265 - Authorizing and approving an agreement by and between the City of Pasadena, Texas, and HR Green, Inc. for Design Services for multiple lift station projects (CIP WW103, WW104, WW105, WW106, WW108) for a total appropriation of Councilmember Ybarra moved, seconded by Councimember Schoenbein that Ordinance 2024-265 be passed on first reading only. MOTION CARRIED, UNANIMOUS. $582,000.00. EMERGENCY READINGS ISSUANCE OF OBLIGATIONS RESOLUTIONS RESOLUTION 2024-223 - Accepting a donation received on November 4, 2024 valued at $100.00 from Maria Elena & Ramiro Ramirez for use by the Parks and Recreation Councilmember Guerrero moved, seconded by Councilmember Van Houte that Resolution 2024-223 be passed, approved and adopted. MOTION CARRIED, RESOLUTION 2024-224 - 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. Councilmember Guerrero moved, seconded by Councimember Van Houte that Resolution 2024-224 be passed, approved and adopted. MOTION CARRIED, RESOLUTION 2024-225 = Accepting a donation received on November 8, 2024 valued at $100.00 from Maria Elena & Ramiro Ramirez for use by the Parks and Recreation Councilmember Guerrero moved, seconded by Councimember Van Houte that Resolution 2024-225 be passed, approved and adopted. MOTION CARRIED, RESOLUTION 2024-226 - A Resolution approving the revised Housing Administrative Plan for the Housing Choice Voucher Program for program updates in accordance with Councilmember Guerrero moved, seconded by Councimember Van Houte that Resolution 2024-226 be passed, approved and adopted. MOTION CARRIED, Department in connection with Madison Jobe Senior Center events. UNANIMOUS. UNANIMOUS. Department in connection with Madison Jobe Senior Center events. UNANIMOUS. HUD 24CFR 982.503 and PIH Notice 2012-29. UNANIMOUS. OTHER BUSINESS City of Pasadena - Council Meeting 10 Minutes: 12-03-24 10:00a.m. EXECUTIVE SESSION (A) Pursuant to Texas Government Code Section 551.074 to interview the finalists who **NOTE** 10:28 a.m. - Ati this time Mayor Wagner recessed the Council Meeting and the **NOTE** 3:02 p.m. - At this time Mayor Pro Tem Villarreal reconvened the Council have applied for the City Controller position. scheduled Executive Session proceeded in closed chambers. Meeting. ADJOURNMENT BY THE PRESIDING OFFICER Mayor Pro Tem Villarreal - Thanked everyone for coming to the meeting. City of Pasadena - Council Meeting 11 Minutes: 12-03-24 10:00a.m. AGENDA REQUEST ORDINANCE RESOLUTION 2A NO: 2024- A CAPTION: Amending Ordinance No. 2023-145, which adopted the Annual Budget for the Fiscal Year 2024. RECOMMENDATIONS & JUSTIFICATION: Recommend the approval of the FY 2024 budget amendment as indicated in Exhibit "A" which will provide funding for City operations. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: X COUNCIL DISTRICT(S) AFFECTED: ALL REQUIRES APPROPRIATION: See attached Certification Shalbah Sherry Womack COUNCIL ACTION DATE:12/4/2024 REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT APPROVED, 4 CITY ATTORNIY MAYOR SECOND SECOND DATE DEFERRED: DATE Sole OEAww ORDINANCE NO. 2024- An Ordinance amending Ordinance No. 2023-145, which adopted the Annual Budget for the Fiscal Year 2024, for the City of Pasadena, Texas. WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the City Council to make changes in the adopted budget for municipal purposes, and the changes to the budget made herein are for municipal purposesi and WHEREAS, under unusual and unforeseen conditions which may arise and which could not by reasonable diligence, thought and attention have been included in the original budget, to provide for any expenditures in which the general welfare of the citizenry is involved, that such amendments shall be by Ordinance, and that they shall be filed with the original budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the General Budget of the City of Pasadena, Texas for the Fiscal Year 2024, as adopted by Ordinance No. 2023-145, as the same may have been heretofore from time to time amended, is hereby further amended as indicated in Exhibit "A", attached hereto and incorporated herein for all purposes, which will provide funding for City operations. SECTION 2. That except as the same may have been heretofore amended and is further amended herein, said Budget as approved and adopted by Ordinance No. 2023-145, shall remain in full force and rt.Aeisiontrzazes effect according to its terms and provisions. SECTION 3. That the City Council of the City of Pasadena, Texas does hereby declare that if any section, subsection, paragraph, sentence, clause, phrase, word or portion of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction it nonetheless would have passed and ordained any and all remaining portions of this ordinance without the inclusion of that section, subsection, paragraph, sentence, clause, phrase, word or portion which may be so found to be unconstitutional or invalid, and declares that its intent is to make no portion of this ordinance dependent upon the validity of any other portion thereof and that all the remaining portions shall continue in full force and effect. 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. et.erisiontrzazes 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. APPROVED 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 RE.ReisiontrzazuA o oo o o EEELLEELE o 0 o o o o oojo ooo o o to AGENDA REQUEST p2 ORDINANCE RESOLUTION dB NO: 2024- CAPTION: An ordinance adjusting the golf course fees for tournaments/special events to ensure our prices remain competitive with area courses. RECOMMENDATIONS & JUSTIFICATION: Due to the increase use of the golf course, and the demand for more tournaments, it is proposed we increase the fees to continue recovering our associated costs. (IF ADDITIONAL SPACE ISIREQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: K REQUIRES APPROPRIATION: See attached Certification COUNCIL DISTRICT(S). AFFECT: COUNCIL ACTION Jed Aplaca DATE:11/22/2024 REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT APPROVED: CITY mL MAYOR SECOND SECOND DATE DEFERRED: DATE AAw ORDINANCE NO. 2024- An Ordinance amending the Code of Ordinances of the City of Pasadena, Texas at Chapter 24, Parks and Recreation, Section 24-13 Fees to adjust various golf course fees for the Pasadena Golf Club and to create an effective date of January 8, 2025 for the new fees for Cournaments/epecial events to ensure our prices remain competitive with area courses; providing a repealing clause; providing a savings clause; and providing for severability. WHEREAS, due to the increase use of the golf course, and the demand for more tournaments, it is proposed we increase the fees to continue recovering our associated costs; and WHEREAS, the schedule attached hereto as Exhibit "A" hereby becomes effective January 8, 2025; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the Code of Ordinances of the City of Pasadena, Texas is hereby amended at Chapter 24, Parks and Recreation, by amending Section 24-13 Fees, to hereafter read as shown on the attached Exhibit "A", specifically pertaining to Golf Course Fees. SECTION 2. That all other terms and provisions of such Chapter, except as amended, shall remain in full force and effect. SECTION 3. That all ordinances in force when this Ordinance becomes effective which are inconsistent with, or in conflict with this Ordinance are hereby expressly repealed insofar as said ordinances are inconsistent with or are in conflict with this Ordinance. AmndCode24.GolfCourserees24 SECTION 4. That all rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. SECTION 5. That the City Council of the City of Pasadena, Texas does hereby declare that if any Section, subsection, paragraph, sentence, clause, phrase, word or portion of this Ordinance is declared invalid or unconstitutional by a court of competent urisdiction, the City Council would have passed and ordained any and all remaining portions of this Ordinance without the inclusion of that portion or portions which may be sO found to be unconstitutional or invalid, and declares that its intent is to make no portion of this Ordinance dependent upon the validity of any other portion thereof, and that all said remaining portions shall continue in full force and effect. 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. AmndCode24.GolfCourseFees24 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 AmndCode24.GolrcourseFees24 Effective 1/8/2025 Pasadena Golf Club Special Event Pricing** Wings over Houston Air Show Weekend: $40 per player/$80 per cart Only 2 players allowed per cart No spectator carts are available during this event No single players will be permitted Tournament Rates: (Includes only green fees, mandatory cart, range balls, and set up/break down fees) Minimum players: 80 Monday-Thursday: $55.00 per player Friday-Sunday: $70.00 per player Rental of Course for Entire Day: (Includes only green fees, mandatory cart, range balls and set up/break down fees) Maximum players: 144 Monday -Thursday: $7,000.00 Saturday or Sunday: $10,000.00 Friday: $9,000 **Fees will be charged according to above guidelines unless written permission is given by the Mayor. This fee change applies to any tournament contract signed after 1/7/2025. EXHIBIT "A" AGENDA REQUEST K ORDINANCE Department. RESOLUTION NO: 2024- CAPTION: An Ordinance authorizing and approving a contract with Evelyn Fabian for exercise classes provided through the Parks and Recreation RECOMMENDATIONS & JUSTIFICATION: Authorizing and approving the renewal of the Exercise Programming contract between the City of Pasadena, Texas and Evelyn Fabian for Zumba programming. until December 31, 2025 through the Parks and Recreation Department. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SEÇOND PAGE) BUDGETED: COUNCIL DISTRICT(S) AFFECTED: REQUIRES APPROPRIATION: See attached Certification COUNCIL ACTION DATE:11/19/2024 REDVESTING PARTY (Jed Aplaca) FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION SECOND MOTION SECOND PURCHASING DEPARTMENT APPROVED: CITY MAYOR DATE DEFERRED: DATE OEAwhw ORDINANCE NO. 2024- An Ordinance authorizing and approving an agreement by and between the City of Pasadena, Texas and Evelyn Fabian for Exercise Classes provided through the Parks and Recreation BE IT ORDAINED 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", between the City of Pasadena, Texas and Evelyn Fabian for Exercise Classes provided through the Parks and Recreation Department is hereby authorized and approved. SECTION 2. 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 agreement Department. document and counterparts thereof. SECTION 3. 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 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 ExerciseClassesk.rabian-PaROrd25 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) Exerciseclassesk.rablan-Psord25 2 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 A. D., 2025. APPROVED this the day of A. D., 2025. 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 APPROVED this the day of day of A. D., 2025. A. D., 2025. 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 ExerciseClassesk.rabian-P4Rora25 3 Expiration Date: December 31,2025 CITY OF PASADENA PARKS AND RECREATION DEPARTMENT INSTRUCTIONAL SERVICES THE STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: This INSTRUCTIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into as of the date last specified herein by and between the CITY OF PASADENA,a municipal corporation situated in Harris County, Texas (the "City") and Evelyn Fabian, (The "Instructor"). WITNESSETH: WHEREAS, the Parks and Recreation Department of the City conducts various instructional programs available to the public; and WHEREAS, thel Instructor has agreed to provide instructions in the field ofZumba Classes (Class Offered), hereinafter called the instructor's expertise, in exchange for the consideration herein; NOW, THEREFORE, for and in consideration of the provisions and mutual covenants herein contained the City and the Instructor hereby covenant and agree as follows: ARTICLEI. DEFINITIONS 1. "City" is defined in the preamble hereof and includes its successors and assigns. 2. "Director'means the director ofthe Parks and Recreation Department or such other person designated from time to time by the Director by written notice to the Instructor to 3. "Instructor" is defined in the preamble hereof and includes its successors and assigns. 4. "Session" means a finite period ofinstruction in the field oft the instructor's expertise that commences and ends on a date certain. More than one Session may be taught by the administer this Agreement on behalf of the City. Instructor during the term oft this Agreement. ARTICLE II. SCOPE OF SERVICES 2.01 - Services in General. During the term of this agreement the Instructor shall: 2. Exercise the highest moral standards; 1. Provide instructional services oft the highest quality in connection with each Session taught by the Instructor; EXHIBIT"A" 3. Exhibit aj professional attitude toward all students; other persons as the Director may specify; 4. Coordinate the performances of services in writing hereunder with the Director or such 5. Attend meetings with the Director determined to be necessary by the Director; 6. Make periodic verbal or written reports and recommendations to the Director with respect to condition, transactions, situations, or circumstances encountered by the Instructor 7. Assist the Director in registering students for each Session (upon request of the Director); 8. Develop a curriculum of instruction for each Session which must be approved in writing 9. Conduct each Session in accordance with all applicable general policies, standards, rules, and regulations, ifany, developed by the Director or the City Council; and 10. Conduct the number of Sessions scheduled by the Director. relating to the services to be performed under this Agreement; by the Director prior to its implementation; a. Make arrangements for notification of any cancellation and notify students of 11.The Instructor shall not permit an individual to participate in a Session at Parks and Recreation Department unless the individual has registered prior to attending the Session and paid the required registration fees to the City, however, the city may allow certain persons to attend a class without paying a fee in which event the compensation to the instructor shall be adjusted as indicated by the compensation addendum. makeup day. 2.02 - Qualifications. The Instructor shall possess the following qualifications: Five (5) years of experience as a Zumba Instructor or combination ofr relevant experience. ARTICLE III. CITY'S DUTIES The Director shall have sole authority to establish Session fees, allocate class space, schedule Session(s) and determine the number of participants per Session. All participants' fees shall be exclusively collected by the Director or his designee. The City owns or leases premises which are determined to be better equipped for such Session. In the event the Instructor provides instructional services at the premises owned or leased by the Instructor, the Instructor shall comply with the provisions of Article V hereof. ARTICLEIV. COMPENSATION Fori instructional services rendered in accordance with the terms ofthis Agreement the City The City shall pay the Instructor for the Sessions completed each month within 30 days of completion of each month's sessions. Payment shall be made by City check to the Instructor and shall pay the Instructor according to the compensation addendum attached hereto. mailed to the instructor's current address for notices. ARTICLE V. INSTRUCTOR-OWNED OR LEASED PREMISES 5.01 - Maintenance. In the event that a Session or Sessions are taught at premises owned or leased by the Instructor, then the Instructor shall maintain the premises in a clean condition at Instructor's cost. In addition, the Instructor shall keep the premises in good and sound state ofrepair. The Instructor shall not permitaconditiont to exist or situation to develop which could endanger the! lives or health oft the participants in a Session. The City shall in no way be responsible for damages caused to the premises owned or leased by the Instructor as a result of the use of the premises in connection with a Session. 5.02 - City's Right-of-Entry. The Director may enter onto or upon the premises owned or leased by the Instructor during the hours in which a Session is being conducted or at other times mutually agreeable to the Director and the Instructor to ensure that the Instructor is complying with the terms of this Agreement. Such entry shall not constitute a trespass nor give the Instructor a cause of action for damages against the City. ARTICLE VI. INSURANCE AND LIABILITY 6.01 - Insurance Coverage Requirements. The Instructor shall provide and maintain certain insurance in full force and effect at all times during the term of this Agreement. Instructor shall supply copy ofi insurance to Parks and Recreation Department without any lapse ofcoverage. Such insurance is described as follows: a) Risks and Limits of Liability. The insurance, at a minimum, must include the following coverage and limits of liability: (Coverage) (1) Worker's Compensation (2) Commercial General (Limit ofLiability) Statutory Bodily Injury and Property Damage Combined Limits of $1,000,000.00 Each Occurrence and $1,000,000.00 Aggregate. b) Issuers of Policies. The issuer of any policy must have a certificate ofauthority to transact insurance business in the state of Texas. Each issuer must be responsible and reputable and must have financial capability consistent with the risks covered. Each issuer shall be subject to approval by the Director as to conformance with these requirements. Insured Parties. Each] policy must name thel Instructor and the City (and the officers, agents, and employees of the City) as insured parties. d) Deductibles. A policy may contain deductible amounts only if the Director approves the amount and scope of the deductible. The Instructor shall assume and bear any claims or losses to the extent ofsuch deductible amounts and waives any claim it may ever have for Cancellation. Each policy must expressly state that it may not be canceled unless thirty (30) days advance notice ofcancellation is given in writing to the Director of the Parks and f) Subrogation. Each policy must contain an endorsement to the effect that the issuer waives any claim or right in the nature of subrogation to recover against the City, its officers, g) Liability for Premium. Ifany oft the policies sreferred to above does not have a flat premium rate and such premium has not been paid in full such policy must have a rider or other appropriate certificate or waiver sufficient to establish that the issuer is entitled to look only to the Instructor for any further premium payment and has no right to recover any (1) Delivery of Policies. The originals of all policies referred to above, or copies thereof certified by the agent or attorney-in-fact issuing them, together with written proof that the premiums have been paid, shall be deposited by the Instructor with the Director prior to Failure on thej part oft thel Instructor to furnish ai new policy or certified copy thereof, before the expiration date of any such policy, or failure to obtain a new policy before the date fixed for the cancellation of an existing policy, sO that the insurance referred to shall be continuously in effect, will constitute a default on the part of the Instructor entitling the City, at its option, to terminate its duties and the Instructor's rights under this Agreement and constitutes immediate termination of contract upon at least three (3) days' notice in the same against the City, its officers, agents or employees. Recreation Department. agents or employees. premium from the City. the beginning oft the term of this Agreement. writing to the Instructor. 6.02- - Liability. The City shall not in any way be liable for any damages or injuries to the Instructor, its officers, agents, employees, guests, or the participants in a Session or to any property of any such person occurring on the premises owned or leased by the Instructor. ARTICLE VII. INDEMNIFICATION THE INSTRUCTOR SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL COSTS, LIABILITIES, DAMAGES OR EXPENSES OF ANYNATURE AND HOWSOEVER CAUSED, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF THE CITY,ITS OFFICERS, AGENTS OR EMPLOYEES. IT IS THE EXPRESSED INTENTION OF BOTH THE CITY AND THE INSTRUCTOR THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY THE INSTRUCTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. FOR PURPOSES OF THIS INDEMNIFICATION PROVISION, ACTS AND/OR OMISSIONS OF THE INSTRUCTORS AGENTS, EMPLOYEES, AND OFFICERS SHALL BE CONSIDERED THE ACTS AND OMISSIONS OF THE INSTRUCTOR. THIS CLAUSE SHALL SURVIVE THE TERMINATION, EXPIRATION, AND CANCELLATION OF THIS AGREEMENT. ARTICLE VIII. TERM AND TERMINATION 8.01 - Term. The term of this Agreement shall commence on the date of the last party to sign as set out below and terminate on the 31S1 day of December, 2025. More than one (1) Session may be scheduled by the Director during the term of this Agreement. 8.02-- Termination. (a) Without Cause. Either party may terminate this Agreement without cause upon thirty (30) days' written notice to the other party; provided, however, that the Instructor may not discontinue the performance of services hereunder during a Session without the prior written approval of the Director. The Director may terminate the instnuclorsperfomance of services hereunder upon default of the Instructor. Default by the Instructor shall occur if the Instructor has made any false or misleading statements or representations concerning his credentials or character or fails to perform or observe any oft the terms and conditionsofthis. Agreement required to be performed or observed by the Instructor. Should such a default occur, the Director shall have the right to terminate the Instructor'sservices as ofthe fifth (5th) day following the receipt by the Instructor ofa notice from the Director describing such default and intended termination, provided such termination may be stayed, at the sole option ofthe Director, pending cure oft the default. (b) For Cause. ARTICLE IX. MISCELLANEOUS PROVISIONS 9.01 - Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, ifearlier, on the third day following deposit in the United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below on the signature page or at such other address as the receiving party may have theretofore described by notice to the sending party. 9.02--4 Applicable Law. The Instructor covenants and agrees that it will fully comply with all laws, ordinances, rules and regulations of the City, the State ofTexas, and the United States applicable to, related to or touching upon the Instructor's services to be provided hereunder and provide proof thereofa as necessary to the Parks and Recreation Department. 9.03 - Licenses and Permits. The Instructor shall obtain all licenses, permits, and certificates required by any statute, ordinance, rule, or regulation of any regulatory body having jurisdiction over the Instructor's performance of services hereunder and provide proof thereof to the Parks and Recreation Department. 9.04 - Severability. In the event any covenant, condition or provision contained herein is held to be invalid by acourt ofo competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision contained herein. 9.05 : Remedies Cumulative. All remedies provided in this Agreement shall be deemed cumulative and additional and noti in lieu of, or exclusive of, each other, or ofany other remedy available to the City orl Instructor, at law or in equity, and the exercise of any remedy, or the existence herein of other remedies or indemnities shall not prevent the exercise of any other remedy. 9.06 - Place of Performance. This Agreement shall be performable and enforceable in Harris County, Texas, and shall be construed in accordance with the laws of the State ofTexas. 9.07 - Relationship of the Parties. The relationship of the Instructor to the City shall be that of an independent contractor. Consequently, the City shall not deduct withholding or social security taxes from any compensation paid to the Instructor. Ina addition, the City shall not provide worker'scompensation or liability protection for the Instructor. The Instructor shall be responsible for his/her own safety and recognizes that by providing the services hereunder he/she may be liable for self-employment taxes. The Instructor agrees that the City shall in no way be liable for any damages or injuries to the Instructor, its officers, agents, employees or participants of the Sessions, or to any property of such persons occurring on the City's premises in connection with the Instructor's performance of services hereunder. 9.08 - Assignment. The Instructor shall not assign this Agreement without the prior written consent of the Director. Any assignment without written consent shall be an event of default. The Instructor shall be personally present at all sessions. 9.09 - Parties in Interest. This Agreement shall not bestow any rights upon any third party, but rather shall bind and benefit the City and the Instructor only. 9.10 - Ambiguities. Int the event of any ambiguity in any oft the terms oft this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 9.11 - Captions. The captions of the Articles of this Agreement are inserted for convenience only, and are not intended and shall not be construed to effect in any manner the terms and provisions hereof, or the interpretation or construction thereof. 9.12 - Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. IN WITNESS WHEREOF, the City and the Instructor have made and executed this Agreement in multiple copies, each of which shall be an original. CITY OF PASADENA: INSTRUCTOR: Evelyn Fabian By: X Director, Date: City of Pasadena Park and Recreation Department 3111 San Augustine Pasadena, TX 77503-2954 Name: X Instructor D-1921/2034 Instructor Name: Evelyn Fabian Address: 4303 Towering Oak Ct. City/State/Zip Houston, Texas 77059 Home Phone: (408)480-5482 Work Phone: Eyelyn fgbior E Parks and Recreation Department COMPENSATION ADDENDUM INSTRUCTIONAL SERVICES AGREEMENT TO The compensation for Evelyn Fabian, Instructor in the foregoing Agreement is per student flat rate or hourly rate as follows: 1. Based on: 1.1 NAo ofProgram Participant Fees. 2. Based on fees paid. 2.1 NA 3. Based on a combination of situations 1 and 2. 3.1 Toinclude the percentage fee plus the hourly fees but such total compensation shall 3.2 The hours to be compensated shall be the total class per day multiplied by the not to exceed $ 37/hour. following factor to provide for set up and break down as may be required by the director. 3.2.1 Factor 1 4. Other compensation: NONE CITY OF PASADENA: Signed: X Date: INSTRUCTOR: Signed: X RAP Instructor Date: Director, Park and Recreation Department 10lai/a4 Form W-9 (Rev. October 2007) Department ofthe Treasury Intemal Revenue Service Name (as shown ony your income tax return) Evelyn Fabian Business name, if different from above Check appropriate box: D Individual/Sole proprietor Other (see instructions) A Address (number, street, and apt. or suite no.) 4303 Towering Oak Ct City, state, and ZIP code Houston, Texas 77059 List account number(s) here (optional) Request for Taxpayer Give form to the requester, Do not send to the IRS. Identification Number and Certification Corporation Partnership Exempt payee Limited liability company. Enter the tax classification (D=disregarded entity, C-corporation, P=partnership) > Requester's name and address (optional) Partl Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part instructions on page 3. For other entities, itis your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose 622 15 Employer identification number 6901 or number to enter. Part I Certification Under penalties of perjury, Icertifyt that: 1. The number shown ont this form is my correct taxpayer identification number (or am waiting for a number to be issued to me), and lam not subject to backup withholding because: (a)! am exempt from backup withholding, or (b)! have not been notified by the Internal Revenue Service (IRS) that! am subject to backup withholding as a result ofa failure to report alli interest or dividends, or (c) the IRS has Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currentty subject to backup withholding because you have failed to report alli interest and dividends on your tax retum, For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cançellation of debt, contributions to ani individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must notified me that lam no longer subject to backup withholding, and 3. lama al U.S. citizen or other U.S. person (defined below). provide your correct TIN. See thei instructions on page 4. Sign Signature of Here U.S. person P General Instructions otherwise noted. Purpose of Form 10/21/2024 Date A D Definition of a U.S. person. For federal tax purposes, you are considered a U.S. personi if you are: Ani individual who is a U.S. citizen U.S. resident A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, An estate (other than a foreign estate), or A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. trade or business in the United States Partnerships are generally required a to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that apartner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership The person who gives Form W-9 to the partnership for oni its allocable share of net income from the partnership conducting a trade or business in the United States is in the The U.S. owner of a disregarded entity and not the entity, Section references are to the Internal Revenue Code unless Ap person who is required to file ani information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid toy you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to bei issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Ifa applicable, you are also certifying that as a U.S. person, your allocable share of any partnership. income from foreign partners' share of effectively connected income. Note. Ifar requester gives you a form other than Form W-91 to request your TIN, you must use the requester's form ifitis substantially similar to this Form W-9. or alien, that conduct income. aU.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding following cases: Cat. No. 10231X Form W-9 (Rev. 10-2007) AGENDA REQUEST ORDINANCE RESOLUTION dD NO: 2024- CAPTION: Contract for the annual maintenance for One Solution Software Systems with Superion LLC, a Central Square Company. RECOMMENDATIONS & JUSTIFICATION: This annual maintenance agreement is for the Public Safety software system used by the Pasadena Police and Fire Departments. This agreement provides 24 hour, 7 days/week maintenance support for the Records Management System, Computer-Aided Dispatch System, Jail Maintenance System, Mobiles, and other miscellaneous modules used throughout the Police and Fire Departments. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT (S) AFFECTED: REQUIRES APPROPRIATION: See attached Ceryification COUNCIL ACTION Johnson DATE:11/27/2024 - REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION Koloe PURCHASING DEPARTMENT APPROVED: CITY ATTORNEY LA AGAwr MAYOR/ SECOND SECOND DATE DEFERRED: DATE CITY OF PASADENA CERTIFICATION OF FUNDS DATE: 11/27/2024 AMOUNT:S201,63817 DEPARTMENTNO:00210 ACCOUNTNO.703 TASKNO. CIPNO. PROJECT DESCRIPTION: Annual maintenance to Superion for One Solution Software Systems (OSSI) for the Police Department 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. 1627 C2 Robert Chambers Interim, City Controller ORDINANCE NO. 2024- An Ordinance authorizing and approving the annual maintenance agreement for the One Solution Software Systems by and between the City of Pasadena, Texas and Superion, LLC, a Central Square Company; and appropriating the amount of Two Hundred One Thousand Six Hundred Thirty-eight Dollars and 17/100 $201/638.17). WHEREAS, the annual maintenance agreement covering all modules in the One Solution Software Systems from Superion, LLC is as sole source item; and WHEREAS, such sole source upgraded versions are available only from Superion, LLC; 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 contract attached hereto as Exhibit "A" and incorporated herein for all purposes and the payment of Two Hundred One Thousand Six Hundred Thirty-eignt Dollars and 17/100 $201,638.17) for the annual maintenance agreement for a period of one (1) year (January 1, 2025 through December 31, 2025) for the One Solution Software Systems for the Police and Fire Departments by and between the City of Pasadena, IT-KMaintonesolutionsoftware-Superion24.doc Texas and Superion, LLC, 1000 Business Center Drive, Lake Mary, Florida 32746, under the terms and conditions originally approved by Ordinance No. 2005-307. SECTION 3. That there is hereby appropriated the amount of Two Hundred One Thousand Six Hundred Thirty-eight Dollars and 17/100 $201,638.17) out of Account No. 00210-7103 for payment to Superion, LLC, for the annual maintenance agreement for the Police and Fire 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, 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 agreement 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 IT-waintonesolutionsoftware-swperion24.doc 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) IT-KMaintoneSolutionsoftware-Superion24.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 IP-RMaintonesolutionsoftware-superion24.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 Superion, LLC (the "Contractor"). In consideration of the covenants and agreements hereinafter contained the parties do hereby agree as follows: I. It is agreed that the following documents shall be part of this contract, to-wit: Renewal Order, attached hereto as Exhibit "1" and incorporated herein for all purposes, for the purchase by the City of Pasadena, Texas of the annual maintenance agreement for a period of one (1) year (January 1, 2025 through December 31, 2025) for the ONESOlution Software Systems by and between the City of Pasadena, Texas and Superion, LLC, 1000 Business Center Drive, Lake Mary, Florida 32746. Each of the parties hereto agrees to carry out and perform each and all of the provisions of said documents upon its part to be performed. II. Contractor agrees to the annual maintenance agreement for a period of one (1) year for the ONESolution Soitware Systems by Exhibit "A" T-KMaintOnesolutionsoftware-Superion24.doc and between the City of Pasadena, Texas and Superion, LLC according to the Renewal Order attached hereto as Exhibit "1". III. City agrees to pay to Contractor the amount according to the terms as set out in the aforesaid documents. IV. The continuance of this contract is subject to and dependent upon appropriation of the necessary funds by the City Council and City reserves the continuing right to terminate at the end of each fiscal year. V. 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. VI. 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. Ir-KMaintonesolutionsoftware-swperion24.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 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 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: Ir-KMaintonesolutionsoftware-swperion24.doc ATTEST: SUPERION, LLC SECRETARY PRESIDENT THE STATE OF FLORIDA COUNTY OF SEMINOLE S S This instrument was acknowledged before me on the day of the a 2024 by of corporation, SUPERION LLC, on behalf of said corporation. NOTARY PUBLIC AND FOR THE STATE OF FLORIDA Name: My Commission expires: IT-KMaintonesolutionsortware-superion24.doc Invoice Date 11/15/2024 CENTRALSOUARE TECHNOLODIEE Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Invoice No (10 of1) 425207 Page 1of7 Billing Inquiries: AccOunis.RecewaDe@rentraisquare.com BillTo City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer Name City of Pasadena ShipTo City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer No 6895 Customer PO# Currency USD Due Date 12/31/2024 Description Units 1 1 1 Rate 1,847.50 0.00 0.00 Extended 1,847.50 0.00 0.00 Quote No. Q-191444 1 2 3 ONESolution State Livescan Interface Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution TDEXI Interface Annual Subscription Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Police-to-Police. Annual Subscription Fee Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Sex Offender- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Computer-Aided Dispatch Sys Enterprise Lic Upgr- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MCT Client AVL License Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution CAD Console License Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Crime Analysis Plus Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Calls For Service Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Daily Activity- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 Subscription Fee 4 5 6 7 8 9 10 1 1 1 1 1 1 1 2,021.38 6,520.55 2,011.17 21,191.81 1,238.92 173.89 173.89 2,021.38 6,520.55 2,011.17 21,191.81 1,238.92 173.89 173.89 EXHIBIT"T" Invoice Date 11/15/2024 CENTRALSQUARE TECHNOLDGIEB Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Invoice No (1 of1) 425207 Page 2of7 Billing Inquiries: Accounts.Recemabe@pventaisquare.com BillTo City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer Name City of Pasadena Ship To City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer No 6895 Customer PO# Currency USD Due Date 12/31/2024 Description Maintenance Fee Units 1 Rate 1,195.44 1,630.15 1,651.87 173.89 1,195.44 3,477.63 Extended 1,195.44 1,630.15 1,651.87 173.89 1,195.44 3,477.63 11 12 13 14 15 16 17 ONESolution Computer-Aided Dispatch System Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Document Scanning and Storage Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Accident Wizard Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Fleet Vehicle Maintenance Annual Maintenance Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Gang- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MFR Client-Fleet Maintenance Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MFR Clent-MOBLANVersion-Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Switch to Switch Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Jail Management System Site License Upgrade- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 Maintenance Fee 1 Fee 1 Maintenance Fee 1 1 1 2,173.51 2,173.51 Maintenance Fee 18 19 0.00 9,052.70 0.00 9,052.70 Invoice Date 11/15/2024 CENTRALSQUARE TECHNOLOGIES Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Invoice No (1 of1) 425207 Page 3of7 Billing Inquiries: Accounts.Recewabe@ventralsquare.com Billl To City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer Name City of Pasadena Ship To City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer No 6895 Customer PO# Currency USD Due Date 12/31/2024 Description Fee Units 1 Rate 326.03 1,304.11 3,825.40 1,086.76 217.35 1,630.15 Extended 326.03 1,304.11 3,825.40 1,086.76 217.35 1,630.15 20 21 22 23 24 ONESolution Jail Management System Annual Maintenance Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution JMS Client License for Message Switch Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Mugshot Capture Station Software Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Field Training Online Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Computer-Aided Dispatch System- Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Computer-Aided Dispatch System Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Computer-Aided Dispatch System Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Accident- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution. Asset Management- Annuall Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 1 Maintenance Fee Maintenance Fee 1 1 1 Maintenance Fee 25 26 27 28 Maintenance Fee Maintenance Fee 1 1 1 2,064.84 2,064.84 869.40 173.89 869.40 173.89 Invoice Date 11/15/2024 CENTRALSQUARE TECHNOLOGIES Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Invoice No (1of1) 425207 Page 4of7 Billing Inquiries: AccOunis.Recewabe@abe@centrasquare.com BillTo City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer Name City of Pasadena Ship To City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer No 6895 Customer. PO# Currency USD Due Date 12/31/2024 Description Units 1 Rate 15,105.97 Extended 15,105.97 29 30 31 32 33 34 35 36 ONESolution Records Management System Site License Upgrade - Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Canine Tracking Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution RMS-Laserfiche Integration- Annual Maintenance Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Link Analysis - Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Property & Evidence Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MFR Client-Racial Profiling Annual Maintenance Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Mobile Field Reporting Server Site Liçense Upgr- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution State/NCIC Messaging Software Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution CAD OpCenter- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 869.40 1,086.76 2,716.90 478.17 3,477.63 21,278.75 869.40 1,086.76 2,716.90 478.17 3,477.63 21,278.75 1 1 1 1 Fee Fee 1 1 1,630.15 652.06 1,630.15 37 1 652.06 Invoice Date 11/15/2024 CENTRALSQUARE TECHNOLOGIES Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL: 32746 Invoice No (1of1) 425207 Page 5of7 Billing Inquiries: ACcOunis.RecewaDegcentrasquare.com BillTo City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer Name City of Pasadena Ship1 To City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX 77501 United States Customer No 6895 Customer PO# Currency USD Due Date 12/31/2024 Description Units 1 1 1 1 1 1 1 1 Rate 652.06 2,173.51 1,630.15 Extended 652.06 2,173.51 1,630.15 38 39 40 41 42 43 44 45 ONESolution RMS OpCenter- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Police-to-Citizen Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Computer-Aided Dispatch System Annual Maintenance: Start:1/1/2025, End: 12/31/2025 Annual Maintenance Fee Maintenance Fee ONESolution CAD Resource Monitor Display License' With Maps Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Professional Standards Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Remote Lineup Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Racial Profiling Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Residential Security' Watch Annual Maintenance Maintenance: Start1/1/2025, End: 12/31/2025 ONESolution RMS Training Module Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Accident Wizard Base Server License Annual Maintenance: Start:1/1/2025, End: 12/31/2025 326.03 1,912.70 304.30 652.06 173.89 1,564.93 760.73 326.03 1,912.70 304.30 652.06 173.89 1,564.93 760.73 Fee 46 47 1 1 Maintenance Fee Invoice Date 11/15/2024 CENTRALSQUARE TECHNOLOGIES Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Invoice No (1of1) 425207 Page 6of7 Billing Inquiries: ACcOunis.Revemabege@ventrasquare.com BillTo City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer Name City of Pasadena Ship To City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX7 77501 United States Customer No 6895 Customer PO# Currency USD Due Date 12/31/2024 Description Units 1 1 1 1 1 1 1 1 1 1 Rate 978.09 3,477.63 7,607.31 19,887.70 Extended 978.09 3,477.63 7,607.31 19,887.70 48 49 50 51 52 ONESolution Mobile Server Software Site License Upgrade- Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MCT Client AVLI License Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MCT Client AVL License Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MCT Client-Digital Dispatch Annual Maintenance Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MCT to ACSI FIREHOUSE Interface Annual Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MFR Client- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MFR Client-Arrest- Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MFR Client-Arrest Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MFR Client-Canine Annual Maintenance Fee Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution MFR Client-Accident Wizard- -Annual Maintenance Maintenance: Start:1/1/2025, End: 12/31/2025 Annual Maintenance Fee Fee 1,304.11 20,865.79 3,477.63 6,955.27 130.42 6,955.27 1,304.11 20,865.79 3,477.63 6,955.27 130.42 6,955.27 Maintenance Fee 53 54 55 56 57 Fee Invoice Date 11/15/2024 CENTRALSOUARE TECHNDLOGIES Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Invoice No (1of1) 425207 Page 7of7 Billing Inquiries: Accounis.Revewabe@centrasquare.com BillTo City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer Name City of Pasadena Ship1 To City of Pasadena Mariusz Kalinowski PO. Box 672 Pasadena TX77501 United States Customer. No 6895 Customer PO# Currency USD Due Date 12/31/2024 Description Fee Units 1 Rate 3,477.63 1,847.50 Extended 3,477.63 1,847.50 58 59 ONESolution MFR Client-Daily Activity Annual Maintenance Maintenance: Start:1/1/2025, End: 12/31/2025 ONESolution Computer-Aided Dispatch System Annual Maintenance: Start:1/1/2025, End: 12/31/2025 1 Maintenance Fee Please include invoice number(s) on your remittance advice. E-mail payment details to: Accounis.Recelabe@centraisquare.com Subtotal Tax Invoicel Total Payments Applied Balance Due 201,638.17 0.00 201,638.17 0.00 USD201,638.17 ACH: Routing Number 121000358 Account Number 1416612641 Check: 12709 Collection Center Drive Chicago, IL 60693 AGENDA REQUEST ORDINANCE CAPTION: RESOLUTION QE NO: 2024- Contract for the purchase of one (1) 2023 Ford Transit Medium Roof Van from Silsbee Ford. RECOMMENDATIONS & VUSTIFICATIONE Staff recommends the purchase of one (1), 2023 Ford Transit Medium Roof Van from Silbee Ford to be used by the Parks and Recreation Department. This Van shall be purchased utlilizing TIPS cooperative contract #210907 which has been competitively, bid and awarded according to State Law. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: Council Districts Affected: REQUIRES APPROPRIATIONA See tackaa/Certitication COUNCIL ACTION Allan Teague DATE:12/3/2024 REQUESTING PARTY. (TYPED). FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION S TTTIT KiechatAc PURCHASING DEPARTMENT SECOND SECOND APPROVED: CITY MAYOR DATE DEFERRED: DATE OEAww CITY OF PASADENA CERTIFICATION OF FUNDS DATE: 12/3/2024 AMOUNT: $54,906.50 DEPARTMENT NO: 20300 ACCOUNT NO. 7915 TASKNO. CIPNO. PROJECT DESCRIPTION: Purchase one 2023 Ford Transit Medium Roof Van 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 tol be drawn, and such money is not appropriated for any other purpose. a2 Robert Chambers Interim City Controller ORDINANCE NO. 2024- An Ordinance authorizing and approving the purchase by the City of Pasadena, Texas of one (1) - 2023 Ford Transit Medium Roof Van from Silsbee Ford utilizing the TIPS Cooperative Contract #210907; and appropriating the amount of Fifty-four Thousand Nine Hundred Six and 50/100 ($54,906.50) Dollars. WHEREAS, staff recommends the purchase of one (1) 2023 Ford Transit Medium Roof Van from Silsbee Ford' to be utilized by the Parks and Recreation Department; and WHEREAS, this Van shall be purchased utilizing TIPS cooperative contract #210907, which has been competitively bid and awarded according to State Law; 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 one (1) 2023 Ford Transit Medium Roof Van from Silsbee Ford utilizing the TIPS Cooperative Contract #210907, as more fully described on the attached Exhibit "1", Product Pricing Summary. StPurchTIPS-2023FordTransitwediumRorvan.Silsbee2414) SECTION 3. That there is hereby appropriated out of Account No. 20300-7915, Fifty-four Thousand Nine Hundred Six and 50/100 ($54,906.50) Dollars for this purpose; 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-2023FordTransitMediumRoofVan.Silsbee24(4) 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 ATTORNEI CITY OF PASADENA, TEXAS AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS StPurchTIPS-2023FordrransitwediumRoofvan.silsbee2414) 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 one (1) 2023 Ford Transit Medium Roof Van from Silsbee Ford utilizing the TIPS 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 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-2023FordTransitkediumoorvan.silsbee2414) III. The City will pay the total amount of Fifty-four Thousand Nine Hundred Six and 50/100 ($54,906.50) Dollars to Silsbee Ford for the purchase of the (1) 2023 Ford Transit Medium Roof Van with specifications as provided for on Exhibit "1", Product Pricing Summary, utilizing the TIPS Cooperative Contract #210907. 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-2023Fordrransithediumgoorvan.Silsbee2414) 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: StPurchTIPS-2023FordTransithediumRoorVan.Silsbee24(4) 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-2023Porardfamitdi-soarvan.silsbee2at4 TIPS PRODUCT PRICING SUMMARY TIPS USA 210907 TRANSPORTATION VEHICLES VENDOR- Silsbee Ford, 12111 Hwy 961 N., Silsbee TX 77656 End User: CITY OF PASADENA Contact: Email: AUEOPasRSEPANOV Product Description: FORDTRANSIT Prepared by: RICK BROWN Phone: 409.659.1555 Email: RBROWN/SILSBEEFLEETQGMAI Date: November 20, 2024 A. B. Code Bid Item: Factory Options Description 148" WHEELBASE 998 3.5L V6F ENGINE 43B BACKUP ALARM 43R REVERSE! SESNSING 55D FOGLAMPS 58B EYACAAM/PM/BLUEIOOTA 65A BLIS X2Y A. Base Price: 53,975.00 Bid Price Code $ $ S S S Description Bid Price 2023 FORD" TRANSIT MEDIUM ROOF S ZI EXTERIOR WHITE EINFERIOR- GRAY CLOTH 68J EXI LENGTH RUNNING BOARDS 92E PRIVACY GLASS 12PASSENGER SEATING $ 150.00 65C POWER SIDING SIDE DOOR s 930.00 94A SIDE SENSING: SYSTEM S S $ S $ 995.00 655.00 500.00 480.00 Total of B. Published Options: S 3,710.00 Published Option Discount (5%)s (185.50) C. Unpublished Options Inot to exceed 25%] Description $= 4.7% Bid Price Bid Price $ 2,725.00 Options LEATHER SEAT UPGRADE #68563 Total ofC. Unpublished Options: $ 2,725.00 D. Floor Plan Interest (fori in-stock: and/or equipped vehicles): E. Lot Insurance (for in-stock and/or equipped vehiçles): ) $ $ (5,318.00) 54,906.50 54,906.50 F. Contract Price Adjustment: G. Additional Delivery Charge: H. Subtotal: I. J. 2023 FLEET DISCOUNT Quantity Ordered Tradei in: xH= K. TIPS Administrative Fee (INCLUDED IN PRICE) L. Totall Purchase Price Including' TIPS Fec $ 54,906.50 EXHIBIT "!" TIPS VENDOR AGREEMENT SILSBEE FORD INC Between and (Company! Name) THE INTERLOCAL PURCHASING SYSTEM (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 A 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 linei itemi for cost fori freight or shipping regardless if therei is a charge or not. Ifno charge for freight or shipping, indicate by stating "No Charge", "$0", "included 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 of 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. If support and/or training is al line item sold or packaged withas 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 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, constitutesal legal contract between the customer and Vendor only. AVendorthata acceptsap purchase order or similar purchase document and fulfills an order, even when processed through TPSisrepresentingi that the vendor has carefully reviewed 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 tax exempt and the related laws and/or regulations of the controlingjunsdictionts, 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 ber 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, 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 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 interest in doing business with the TIPS program. the award oft 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. IfTIPSofferst the renewalextension: year, the Vendorv willl be notified bye emailt to the primary contact of the awarded Vendor and shall be deemed. accepted by the Vendor unless the awarded Vendor notifies TIPS ofi its objection tot 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 Page2 "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 the Previous Bample./TPSefesooneyeerextenson, the expiration oftheextendedterm 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 TIPSI Member shallo onlyl bev valid and enforceabler ewhen 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 not properyapproprated andl budgeted thei funds to satisfythe Agreementrenewal. Thisterm is not negotiable and any Agreement between: a TIPSI Member anda a TIPS awarded vendor with an automatic Notifications are anticipated as published in the Solicitation subject to an extension(s)) will: still bel 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 clause that conflicts with these terms is rendered void and unenforceable. Shipments The Vendor shall ship, deliver or provide ordered products or services withinad commercially reasonable time after the receipt of the order from the TIPS Member. Ifa 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 oft the order. TIPS ort 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), whicheverist the greater time or as otherwise provided by an agreement of the parties. Payments TIPS Vendor Agreement 06022020_sr Page3 Pricing Pricei increases will be honored according to thei 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 thet fee to thei invoice presented to TIPS Member customer. Participation Fees and Reporting of Sales to TIPS by' Vendor The Participation Feet that was published as part ofthe! Solicitation and the fee publishedi 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 TIPSat least ona a monthly! basis, specifically within 31 calendar days ofreceipto ofpayment, ifnot more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized: signatory ofTIPS. 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 andi fees due to TIPS: should be paid at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if notr more frequently. Reporting of Sales to TIPS by Vendor Vendor is required to report alls sales under the TIPS contract to TIPS. When aj 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, 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 TIPSMemberentity. Tor report sales, the Vendor must logint tot the TIPS Vendor Portal online at https/www.tips-usa.com/vendors form.cfma 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 countingetpsusacom. 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 governmentalentily, Texas Education Service Center Region 8, as established! byt the Texas 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 refunded tot 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 toi 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 8E ESCI Board of Directors. TIPSreserves 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 The Verdoragresondemalvami holdharmlessand: defend TPS,DPSMemberis,ofizersandemplboyees 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 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 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 ofTexas 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 Chapter1 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 at thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 ift 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. Thist termination clause does not affect the sales agreements executed byt the' Vendor andi the TIPS Member customer pursuant tot 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 arei 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 pspo@tps-usa.com. Awarded Vendor elversgoody/services directly to the participating member. Awarded Vendori 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 signatory ofl TIPS. 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 fully 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/or cancelanorder ort terminatet this ora anyo others sales/ Agrementofanyawarded Vendor whose license(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject Licenses to a 30-day cure period unless prohibited by applicable statue or regulation. Novation Ifawarded Vendor sells or transfers all assets, rights or the entire portion oft 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 of the transfer of assets or rights. Site Requirements (only when applicable to service orj job) Cleanup: When performing work ons 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 bel lefti 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 adjudicatedi 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 thel TIPSI Member. Awarded' Vendor agrees that a violation of this condition shall be considered: a material breachandi may resulti int the cancellation oft thepurchase order att the TPMembersdiscetion. 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 allr necessarys safeguards for protection of workersandi 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 top protect workers, generalpublic neat, clean and unobstructed condition. installing wiring for networks or power, and similar pre-installation requirements. and existing structures from injury or damage. 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 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 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'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 TIPSI Member entity participating ini the TIPS Agreement and awarded' Vendormaye enterintoaseparate 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, TIPSI Membersand employees not a party to the Supplemental Agreement witht 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: survivei the expiration or1 termination oft this Agreement.All Orders, Purchase Orders issued or contracts executed by TIPSoraTIPSI Member and accepted by 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 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 be followed even if nots 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 TIPSI related purchases forap period oft three (3) years fromi 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 isc ordered bya ac Court Order or by a Government Agencywith 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 ai third- party auditing firm to investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement. Int the event of an audit, the requested materials shall be reasonably provided in thet time, format and att the location acceptable tol Region 8E ESC or TIPS. TIPS agrees nott to perform arandom 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 regulatory: authority over TIPS or the TIPS Member. Force Majeure Ifbyr reason of Force Majeure, either party hereto: shall be rendered unable wholly or inj part to carry outi 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 orrelatingt tot this procurement process or any contract issued by TIPSresulting from or any contemplated transaction shalll be brought ina 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 oft the Proceeding shall bel 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 to in the first sentence of this Section may be served on any partya 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 a request ofthe awarded Vendorunderthis. Agreement whent the TIPSI Memberdesires 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 proposali information and all related documents. TIPSMembers have allt 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' Vendor is responsible for their contractual failures and shall bel billed for the fees. The awarded Vendor may then recover the fees from their named reseller. Ifthere isa dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution ifr requested by either party. TIPS, or 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's order. Ift there are oanlemtalypiemamtb, Support Requirements either party, TIPS shall comply to the extent permitted by law. Incorporation of Solicitation Thel TIPS Solicitation which resulted int this Vendor Agreement, whether al Request for Proposals, the 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 LIMITINGO OF THE RESPONSIBILITESOF THE PARTIESTO THIS DOCUMENT. Texas governmental entities are prohibited from doing business with companies that fail to certify to this STATUTORYF REQUIREMENTS condition as required by Texas Government Code Sec. 2270. Bye 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 that your companyi is not listed on and does not and will not dol 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! httpsl/comptrollerexasgov/purchasihg/docs/oreggn-terrorist.pdr You certifyt that ift the certified statements: above become untrue ata any time during thel life oft this Agreement that the Vendor will notifyTIPS within three (3) business day oft the change byal letter on Vendor's! letterhead from and signed bya 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 Inçludes owned, hired & non-owned Statutory! limits fort 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 coverages and limits arei 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 fofretention fundst to covers said deductibles isp 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 except aftert thirty (30) days prior written notice by certifiedr mail, return receipt requested has been given to TIPS or the TIPS Memberi ifa project or pending delivery of an orderi 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- usa.com.: ShouldaTIPSI Members send an orderdirectlytothe Vendor, iti ist the Vendofsresponsiblity 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 TIPSI Members to purchase directly fromi the Vendor ort through another agreement, when the Member has requested using the TIPS cooperative. Agreement or price, andt thereby bypassing the TIPS Agreement is a violation oft 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 ina 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 ber 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 TIPSREP210907 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 SCARAMBLMN Date, 10/15/2021 TIPS Authorized Representative Name. David Fitts Title Executive Director TIPS Authorized Representative Signature daskdapft Approved by ESC Region 8. dantdapefit Date. 10/29/2021 AGENDA REQUEST ORDINANCE computer devices. RESOLUTION IF NO: 2024- CAPTION: Approve a contract with Dell Marketing for the purchase of RECOMMENDATIONS & JUSTIFICATION: Purchase of devices for City staff, These will be purchased, using DIR (Department of Information Resources) cooperative contract DIR-TS0-3763, which has been competitively bid and including desktops, laptops, tablets, monitors, etc. awarded within the guidelines of Texas bid statutes. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT(S) AFFECTED: REQUIRES APPROPRIATION: See attached Certification COUNCIL ACTION Johnson JoyV DATE:12/03/2024 REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: BUDGET DEPARTMENT loNn Cplocd PURCHASING DEPARTMENT APPROVED: CITY L MAYOR MOTION MOTION TIIT SECOND SECOND DATE DEFERRED: DATE Gpwry CITY OF PASADENA CERTIFICATION OF FUNDS DATE: 12/03/2024 AMOUNT: $400,000.00 DEPARTMENT NO: 20115-5200,000.00 00210-$50,000.004 7210 ACCOUNTNO. TASK NO. CIPNO. PROJECT DESCRIPTION: Annual purchase of devices for City staff from Dell Marketing. Devices include desktops, laptops, rugged laptops, tablets, monitors, etc. Estimated FY26 spend - $150.000.00 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. 2622 Robert Chambers Interim, City Controller ORDINANCE NO. 2024- An Ordinance authorizing and approving the contract with Dell Marketing for the purchase of computer devices utilizing the Texas Department of Information Resources (DIR) Contract #DIR-TS0-3763; for a total appropriation in the amount of Four Hundred Thousand and No/100 $400,000.00) Dollars. 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 contract for the purchase of computer devices from Dell Marketing, L.P., utilizing the Texas Department of Information Resources (DIR) Contract DIR-TS0-3763, 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 Four Hundred Thousand and No/100 ($400,000.00) Dollars out of Account Nos. 20115-7210 and 00210-7210 for payment to Dell Marketing, L.P. for the purchase of computer PD-DIR-7S0-3763.Computers.Devices-Del124 devices; 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 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. PASSED ON FIRST READING by the City Council of the City of D-0IA-T80-378.CmPatera.pwica-baa 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 D-OIH-130378.Capueera.Pwrice-bala 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 Dell Marketing, L.P. of Texas (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 Dell Marketing, L.P. and the State of Texas, acting by and through the Department of Information Resources (DIR Contract No. DIR-TSO- 3763) will be applicable to this project, a copy of which is incorporated herein for all purposes and attached hereto as Exhibit "2". II. Dell Marketing, L.P. will supply and deliver computer devices to the City of Pasadena, Texas, as described in the attached Exhibit "1". EXHIBIT "A" D-OIK-150-378.Cmputeera.Perice-el2a III. The City will pay the total amount of Four Hundred Thousand and No/100 $400,000.00) Dollars to Dell Marketing, L.P. for computer devices, 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. D-OIH-7B0-78.CmPiteera.Deica-balla 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: D-OIK-30-378.CaPutee.Pwice-salsa ATTEST: DELL MARKETING, L.P. SECRETARY THE STATE OF TEXAS COUNTY OF WILLIAMSON S S This instrument was acknowledged before me on the day the L.P., a of 2024 by of DELL MARKETING, corporation, on behalf of said corporation. NOTARY PUBLIC AND FOR THE STATE OF TEXAS Name: My Commission expires: PD-DIR-7S0-3763.Computers_Devices-Del124 DaLLlechnooges Dell Marketing LP One Dell Way, RR1-33 Round Rock, TX78682 tel +1 5127203222 fax +1 5122839092 October 19, 2022 Dear Customer, A1 1295 form is not applicable because Dell Marketing LP is a wholly owned subsidiary of Dell This information is publicly available and is posted on the SEC website. For a SEC reference document, please see the following that lists all subsidiaries of Dell Technologies, Inc. as of ttps/www.sec.gov/Archivesldgar/data/1571996/000157199619000008/exhibit211 020119. Technologies Inc., a publicly traded business entity since December 2018. the date specified: htm Best Regards, Katherine Katherine Dunay Public Contraçts Manager Duay Dell Technologies I SLED Contract and Compliance Dell Technologies . One Dell Way, Round Rock, Texas 78682 . 512.338.4400 deltechnologles.com InternalUse- Confidential DIR Contract No. DIR-TSO-3763 Vendor Contract No.. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT: FOR PRODUCTS AND RELATED SERVICES DELL MARKETING, L.P. 1. Introduction A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department ofl Information Resources (hereinafter "DIR") with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and Dell Marketing, L.P. (hereinatter-Vendor"). with its principal place ofbusiness at One Dell Way, Round Rock, Texas 78682. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws oft the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-ISO-IMP-251, on September 12, 2016, for Dell Branded Manufacturer Hardware, Software and Related Services & Cloud Services. Upon execution of this Contract, a notice ofaward for RFODIRIS0-TMP231 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B. Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Appendix D, Services Agreement; Appendix E, Master Operating Lease Agreement (subject to the provisions of Section 1.D. below); Appendix F, Master Lease Agreement (subject to the provisions of Section 1.E. below); Appendix G,E-Rate Agreement; Exhibit 1, Vendor'sF Response tol RFODIR-TSO- TMP-251, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-251, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. For Lease transactions under this Contract the order of precedence shall be as follows: this Contract; Appendix E, Master Operating Lease Agreement (subject to the provisions of Section I.D. below); Appendix F, Master Lease. Agreement (subject to the provisions of Section 1.E. below), as applicable depending on the type ofl lease; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B. Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Appendix D, Services Agreement; Appendix G, E-Rate Agreement; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP- 251, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-251, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing lease transactions. In the event of a conflict between the documents Page 1 of31 EXHIBIT"T" DIR Contract No. DIR-TSO-3763 Vendor Contract No. listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Appendix D, then Appendix E (subject to the provisions of Section 1.D. below), then Appendix F (subject to the provisions of Section 1.E. below), then. Appendix G, then Exhibit 1, and finally Exhibit 2.1 In the event ofa a conflict between the documents listed in this paragraph related to lease transactions, the controlling document shall be this Contract, then Appendix E (subject to the provisions of Section 1.D. below) or Appendix F (subject to the provisions of Section 1.E. below), depending on the type of lease transaction, then Appendix A, then Appendix B, then Appendix C, then Appendix D, then Appendix G, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. D. Master Operating Lease Agreement DIR and Vendor hereby agree that, until DIR directs Vendor otherwise, Vendor is authorized to utilize thel Master Operating Lease Agreement in Appendix Eofthis Contract for Lessees that are Texas State Agencies or otherwise authorized to conduct lease transactions through DIR contracts. E.N Master Lease Agreement DIR and Vendor hereby agree that, until DIR directs Vendor otherwise, Vendor is authorized to utilize the Master Lease Agreement in Appendix Fo of this Contract for DIR authorized entities as Lessees that are not Texas State Agencies or otherwise required by statute to utilize the' Texas Public Finance Authority for such leasing transactions. 2. Term of Contract The term of this Contract shall be two (2): years commencing on January 10, 2018. Priorto expiration of the original term, the contract will renew automatically in two (2) year increments for two additional terms under the same terms and conditions unless either party provides notice to the other party 60 days in advance of the renewal date stating that the party wishes to discuss modification of terms or not renew. Additionally, the parties by mutual agreement may extend the term for up to ninety (90) additional calendar days. 3. Product and Service Offerings A. Products manufacture. B. Services This Contract is a full Catalog contract, offering all products Dell is authorized to sell or Related services include but are not limited to: deployment, help desk, managed services, storage and server assessment services, product installation, Custom Factory Integration of Page 2of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No.. Customer Imaged Software ("CFI"), maintenance and support, asset recovery services, product training, and future services Dell may offer upon DIR approval. 4. Pricing A. Manufacturer's Suggested Retail Price (MSRP) ntp/tpboxus.dellcom/sipweekly/dellpricerepor.pd: MSRP is defined as Dell's published retail price list as found on B. Customer Discount Appendix CI Pricing Index. The minimum Customer discount for all products and services will be set forth in Vendor agrees that the DIR standard pricing discounts contained in Appendix C will remain at least one percent (1%) better than the NASPO (the National Association of State Procurement Officials ValuePoint (NASPO VP) Category A level, standardized discounts. This extension of competitive volume sales pricing is intended solely to ensure that DIR will, at a minimum, remain competitive with the standard price rates set for NASPO VP as a whole. DIR may not apply, without the express consent of Vendor, any pre-existing discount structure to the NASPO VP pricing being offered to DIR by Vendor. DIR may either use. DIR discounted pricing or the NASPO VP pricing In the event that DIR pricing fails to remain competitive with (i.e., at least one percent [1%] better than) NASPO VP standardized, category level pricing as described in the foregoing paragraph, Vendor shall extend such pricing to DIR. Vendor shall use its commercially reasonable best efforts to notify DIR of such NASPO VP price change and amend this Contract within thirty (30) days after the amendment to the Vendor's NASPO VP contract. The introduction of the NASPO VP pricing to the DIR contract shall be effective from the date of execution into the Contract by amendment. Both parties agree that the pricing shall not be retroactive for DIR and shall not extend back to the date that Vendor reduced NASPO VP catalog pricing. Further, the parties agree that DIR, ort the State ofTexas, does not have the right to audit thel NASPO VPcontract held by the Vendor. References to the Vendor's NASPO VP contract are only contained in this Contract for purposes of referencing the pricing discounts contained therein. Both parties acknowledge that the Vendor's: NASPO VP contract and pricing are readily available to the public and may be freely accessed by the Vendors DIR web page and by the internet for the purposes of validation under the terms and conditions but may not combine, or compound the two. oft this Contract. C. Customer Price 1) The price to the Customer shall be as set forth in Appendix C, Pricing Index. Page 3of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. 2) Customers purchasing products and services under this Contract may negotiate more advantageous pricing or participate in special promotional offers. In: such event, a copy 3) During the term of this Contract, if pricing for products or non-customized services (e.g.,CFI, Imaging, and Asset Tagging) available under this Contract are provided by Vendor at a lower price to an Eligible Texas Customer (headquartered in the State of Texas) who is not purchasing those products or services under this Contract, then the available Customer Price in this Contract shall be adjusted to that lower price. This requirement applies to products or non-customized services actually charged by Vendor for a quantity of one (I) under substantially similar terms and conditions, for substantially similar configurations or deliverables. This requirement does not apply to volume or special pricing purchases. This Contract shall be amended within ten (10) of such better offerings shall be furnished to DIR upon request. business days to reflect the lower price. D. DIR. Administrative Fee The administrative fee specified in Section 5below shall not bel broken out as as separate line item when pricing or invoice is provided to Customer. E. Shipping and Handling Fees The price to the Customer under this Contract shall include all shipping and handling fees. Shipments will be Free On Board Customer's destination, provided the products are shipped to locations in the State of Texas. Except as noted, no additional fees shall be charged to the Customer for standard shipping and handling. If the Customer requests expedited delivery,Customer will be responsible for any charges for expedited delivery. Title to all products shall pass upon shipment to Customer's dock; however, risk of loss shall pass to the Customer upon delivery to Customer. F.Delivery Shipment of Dell-branded systems from Dell's facility is estimated at between fifteen (15) and twenty-five (25) days after receipt of a valid and complete order. While there may be industry-wide situations of constrained product, current manufacturing lead times for desktop and notebook systems are ten (10) to fourteen (14) business days. Current lead times for server systems are nine (9) to twelve (12) business days; this is specifically designed for extensive testing on these mission-critical systems. Shipment of third party software and peripheral items is estimated at between seven (7) and ten (10) days after receipt of a valid and complete order. Please note that customization through Dell's Configuration Services may increase lead times. While Dell does not guarantee specific delivery dates, Customers providing Dell with an accurate quarterly forecast will greatly enhance Dell's ability to be prepared for Customer orders and to meet your needed delivery timeframes. G. Tax-Exempt As per Section 151.309, Texas Tax Code, Customers under this Contract are exempt from the assessment of State sales, use and excise taxes. Further, Customers under this Page 4 of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. Contract are exempt from Federal Excise Taxes, 26 United States Code Sections 4253(1) and (). Customers will provide Vendor with tax exempt certificate upon request. H. Travel Expense Reimbursement Pricing for services provided under this Contract are exclusive of any travel expenses that may be incurred in the performance of those services. Travel expense reimbursement may include personal vehicle mileage or commercial coach transportation, hotel accommodations, parking and meals; provided, however, the amount of reimbursement by Customers shall not exceed the amounts authorized for state employees as adopted by each Customer; and provided, further, that all reimbursement rates shall not exceed the maximum rates established for state employees under the current State Travel Management Program htps/comptrolerlexasgov/purchasinglprograms/ravel-managemenv. Travel time may not be included as part of the amounts payable by Customer for any services rendered under this Contract. The DIR administrative fee specified in Section 51 below isr not applicable to travel expense reimbursement. Anticipated travel expenses must be pre-approved in writing by Customer. € Changes to Prices Vendor or Order Fulfiller may change the price of any product or service at any time, based upon changes to the MSRP, but discount levels shall remain consistent with the discount levels specified int this Contract. Price decreases shall take effect automatically during the term of this Contract and shall be passed onto the Customer immediately at the time of submission of a purchase order, but shall not be retroactive to products for which a purchase order has been received, or for services currently being rendered under a prior purchase order. DIR Administrative Fee 5. A. The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is one half of one percent (.50%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative B. All prices quoted to Customers shall include the administrative fee. DIR may change administrative fee amounts; however, no revision will take effect before ninety (90) days following written notice. Vendor may revise pricing to reflect the change in administrative fee for sales totaling $100,000 shall be $500. fees. Notification below. Ifsent to the State: Kelly Parker, CTPM, CTCM . All notices under this Contract shall be sent to a party at the respective address indicated Page 5 of 31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. Director, Cooperative Contracts Department of Information Resources 300W. 15thSt., Suite 1300 Austin, Texas 78701 Phone: (512)475-1647 Facsimile: (512)475-4759 Email: kelwPakeredrexasgor Ifsent to the Vendor: Contract Manager Dell Marketing, L.P. One Dell Way, Mail Stop RR1-33 Round Rock, Texas 78682 Phone: (231)747-9294 Facsimile: (512)283-9092 Email: Cyndi Radel@dell.com; and Dudley McClellan@el.com Software License, Services and Leasing Agreements 7. A. Software License Agreement 1) Software shall mean any software, library, utility, tool, or other computer or program code, in object (binary) or source-code form, as well as the related documentation, provided by Dell to you. Software includes software locally installed on your systems and software accessed by you through the Internet or other remote means (such as 2) Software is subject to the separate software license agreements accompanying the software, along with any product guides, operating manuals, or other documentation included with the software media packaging or presented to Customer during the installation or use of the Software. Customer agrees that Customer will be bound by 3) With respect to Software provided or otherwise made available to you by Dell in connection with any Services hereunder, if no license terms accompany the Software, then subject to your compliance with the terms set forth in this Agreement, including payment for such Software, Dell hereby grants Customer a personal, non-exclusive license to access and use such Software only during the duration of the Services and solely as necessary for Customer to enjoy the benefit of the Services as stated in the. a) Restrictions. Customer may not copy, modify, or create a derivative work, collective work, or compilation of the Software, and may not reverse engineer, decompile or otherwise attempt to extract the code of the Software or any part thereof. Customer may not license, sell, assign, sublicense, or otherwise transfer or encumber the Software; may not use the Software in a managed-services arrangement; and may not use the Software in excess oft the authorized number of licensed seats for concurrent users, sites, or other criteria specified in the websites, portals, and "cloud-based" solutions). such license agreement. applicable Service. Agreements (or Statements of Work (SOW's)). Page 60f31 DIR Contract No. DIR-TSO-3763 Vendor Contract No.. applicable Service Agreements or Statements of Work. In addition, Customer may not access the Software to monitor its availability, performance, or functionality, b) Customer is further prohibited from (I) attempting to use or gain unauthorized access to Dell or to any third party's networks or equipment; (2) permitting other individuals or entities to use the Software or copy the Software or Services: (3) attempting to probe, scan, or test the vulnerability of Software or a system, account, or network of Dell or any ofi its customers or suppliers; (4)i interfering or attempting to interfere with service to any user, host, or network; (5) engaging in fraudulent activity of any nature; (6) transmitting unsolicited bulk or commercial messages; (7)restricting, inhibiting, or otherwise interfering with the ability ofany other person, regardless of intent, purpose, or knowledge, to use or enjoy the Software (except for tools with safety and security functions); or (8) restricting, inhibiting, interfering with, or otherwise disrupting or causing a performance degradation to any Dell (or Dell Service supplier) facilities used to deliver the c) Audit. DIR, on behalf of Customers, hereby grants Dell, or an agent designated by Dell, the right to perform an audit of any Customers" use of the Software during normal business hours; and to cooperate with Dell in such audit; and such Customer agrees to provide Dell with: all reçords reasonably related to Customers" use of the Software. The audit will be limited to verification of Customer's d) Open Source Software. A portion of the Software may contain or consist of open source software, which you may use under the terms and conditions oft the specific THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALLDELL, THE COPYRIGHTHOLDERS,ORTHECONTRIBUTORSBE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCEOROTHERWISE)ARISINGINANY WAYOUTOFTHEUSE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE or for any other benchmarking or competitive purpose. Services. compliance with the terms of this Agreement. license under which the open source software is distributed. POSSIBILITY OF SUCH DAMAGE. Page 7of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. B. Shrink/Click-wrap License Agreement Customer understands and agrees that the third-party software is subject to the license agreement shipped with the software ori in a separate agreement between Customer and the software licensor. Dell is authorized to provide the software provided hereunder. Itis the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms. If the Customer does not agree with the license terms, Dell shall provide reasonable assistance; however, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. C.S Services Agreement Services provided under this Contract shall be in accordance with the Services Agreement as set forth in Appendix D of this Contract. No changes to the Services Agreement terms and conditions may be made unless previously agreed to by Vendor and DIR. D. Master Operating Lease Agreement DIR and Vendor hereby agree that, until DIR directs Vendor otherwise, Vendor is authorized to utilize the Master Operating Lease Agreement in Appendix E of this Contract for Lessees that are Texas State Agencies or otherwise authorized to conduct lease transactions through DIR contracts. E.M Master Lease Agreement DIR and Vendor hereby agree that, until DIR directs Vendor otherwise, Vendor is authorized to utilize the Master Lease Agreement in Appendix F of this Contract for DIR authorized entities as Lessees that are not Texas State Agencies or otherwise required by statute to utilize the Texas Public Finance Authority for such leasing transactions. 8. Intellectual Property Matters Customer shall own all right, title and interest to the Deliverables and Dell agrees to grant to Customer a perpetual, non-exclusive, non-transferable, royalty-free license to use. Dell's Background IP (defined below), Utilities, and Residual IP solely for Customer to use the (i) each party will retain all Intellectual Property Rights that it owned or controlled prior to the effective date of this Agreement or that it develops or acquires from activities independent of the Services performed under this Agreement ("Background IP"), (i) Dell will retain all right, title and interest in and to all Intellectual Property Rights in or related to the Services, or tangible components thereof, including but not limited to (a) Deliverables, subject to the following: Page 8 of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. all know-how, intellectual property, methodologies, processes, technologies, algorithms, software or development tools used in performing the Services (collectively, the "Utilities"), and (b) such ideas, concepts. know-how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms, templates oro output which are developed, created or otherwise used by or on behalfof] Dell in the course of performing the Services or creating the Deliverables, other than portions that specifically incorporate proprietary or Confidential Information or data of Customer (collectively, the "Residual IP"), even if embedded in the Deliverable. and (iri) Customer use of software, online services, or software-enabled services in connection with the Services is pursuant to the terms of the applicable software license or Cloud As used herein, Deliverables" means the work product or tangible embodiment oft the Services that are (i) prepared or performed by Dell or its subcontractors uniquely and exclusively for a Customer and (ii) specifically identified in a signed Statement of Work as Deliverables. "Intellectual Property Rights" means rights to patents, utility models, mask works, copyrights, trademarks, trade secrets, and any other form of protection afforded by law to inventions, models, designs, technical information, and Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product Computing Terms. applications. 9. and Related Services Contracts. A. Section 3. Definitions, is hereby replaced ini its entirety: A. Customer any Texas state agency, unit of local government, institution of higher education as defined in Section 2054.003, Texas Government Code, the Electric Reliability Council ofTexas, the Lower Colorado River Authority, a private school, as defined by Section 5.001, Education Code, a private or independent institution of higher education, as defined by Section 61.003, Education Code, a volunteer fire department, as defined by Section 152.001, Tax Code, and those state agencies purchasing from a DIR contract through an Interagency Agreement, as authorized by Chapter 771, Texas Government Code, any local government as authorized through the Interlocal Cooperation Act, Chapter 791, Texas Government Code, and the state agencies and political subdivisions of other states as authorized by Section 2054.0565, Texas Government Code and, except for elecommunications services under Chapter 2170, Texas Government Code, assistance organizations as defined in Section 1) A non-profit organization that provides educational, health or human services or 2) A nonprofit food bank that solicits, warehouses, and redistributes edible but unmarketable food to an agency that feeds needy families and individuals; 3) Texas Partners of the. Americas, a registered agency with the Advisory Committee on Voluntary Foreign Aid, with the approval of the Partners of the Alliance Office of 2175.001, Texas Government Code to mean: assistance to homeless individuals; the Agency for International Development; Page 90 of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. 4) A group, including a faith-based group, that enters into a financial or non-financial agreement with a health or human services agency to provide services to that agency's 5) A local workforce development board created under Section 2308.253; 6) A nonprofit organization approved by the Supreme Court of Texas that provides free legal services for low-income households in civil matters; 7) The Texas Boll Weevil Eradiçation Foundation, Inc., or an entity designated by the commissioner of agriculture as the foundation's successor entity under Section 8) A nonprofit computer bank that solicits, stores, refurbishes and redistributes used computer equipment to public school students and their families; and 9) A nonprofit organization that provides affordable housing. clients; 74.1011,Texas Agriculture Code; B. Compliance Check an audit of Vendor's compliance with the Contract may be performed by, but not limited to, a third-party auditor, DIR Internal Audit department, C. Contract = the document executed between DIR and Vendor into which this or DIR contract management staff or their designees. Appendix A is incorporated. D. CPA - refers to the Texas Comptroller of Public Accounts. E. Day - shall mean business days, Monday through Friday, except for State and Federal holidays. If the Contract calls for performance on a day that is not a business day, then performance is intended to occur on the next business day. F. Order Fulfiller - the party, either Vendor or a party that may be designated by Vendor, who is fulfilling al Purchase Order pursuant to the Contract. May include Order G.Purchase Order the Customer's fiscal form or format, which is used when making a purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase Order, or other authorized instrument). Neither Dell nor Customer is or shall be bound by any terms and conditions imprinted on or embedded in orders, order acknowledgments or other communications between the parties relating to orders. H. Reseller - any third party approved by Dell to sell to Eligible Customers under this Contract. Dell will flow this Contract's terms and conditions to its Resellers under this Contract, except that pricing shall be as follows: Dell offers pricing to its Reseller(s) and such Resellers shall resale to Eligible Customers products under this Contract at a price it sets and that will not exceed the maximum price as set forth in Appendix C, Fulfillers, Resellers and/or Agents. Pricing Index, of this Contract. I.S State - refers to the State of Texas. Page 10of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. B. Section 4. General Provisions, E. Survival, is hereby replaced in its entirety: Each applicable service agreement that was entered into between Vendor and a Customer under the terms and conditions of the Contract that is still in existence as of the date of the expiration or termination of the Contract shall survive the expiration or termination of the Contract until the expiration or termination of such service agreement. Each Purchase Orderissued and accepted by Vendor that is still in existence on the date of the expiration or termination of the Contract shall survive expiration or termination of the Contract until the expiration or termination of such Purchase Order. C. Section 6.A. 2) Product Terms and Conditions, Electronic and Information Resources Accessibility Standards, As Required by 1TAC Chapters 206 and 213 (Applicable to State. Agency and Institution ofl Higher Education Purchases Only), 2) Upon request by DIR, Vendor shall provide DIR with the URL to its Voluntary Product Accessibility Template (VPAT) or a copy of the applicable VPAT for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" Pw.ycleg, Vendors not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at pwwacCtonuso". itp'/content.del.com/sep.copdcopp-commcr-diversity-customer. isl hereby replaced in its entirety: Customer may go tot this page to request VPATS: disabilities.aspx D. Section 7. Contract Fulfillment and Promotion, A. Service, Sales and Support of Vendor shall provide service, sales and support resources available under the Contract to serve all Customers throughout the State. It is the responsibility of the Vendor to sell, market, and promote services available under the Contract. Vendor shall use commercially reasonable efforts to ensure that potential Customers are made aware of the Contract, is hereby replaced in its entirety: the existence of the Contract. Page II of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. E. Section 7. Contract Fulfillment and Promotion, C. Product Warranty and Return Policies, is hereby replaced in its entirety: Products Warranty: A. Limited Warranty. Dell warrants that the Dell-branded hardware Products will conform to the Dell specifications current when the Product is shipped and will be free from material defects in materials and workmanship during the applicable warranty period ("Limited Warranty"). The Limited Warranty period for Product begins on the Product ship date. Dell has the right to grant the licenses to the Software licensed under this Agreement, and such Software will substantially conform to the functional B. Disclaimers. EXCEPT AS EXPRESSLY STATED IN THE PRECEDING PARAGRAPH, DELL, (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS COLLECIIVELY, THE "DELL PARTIES") DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE PRODUCTS, SOFTWARE, OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILIT, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT; (2) RELATING TO THIRD- PARTY PRODUCTS, SOFTWARE, OR SERVICES; (3) RELATING TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE, OR DELL'S PERFORMANCE OF THE SERVICES; OR (4) REGARDING THE RESULTS TO BE OBTAINED FROM THE PRODUCTS, SOFTWARE, SERVICES, OR C. High-Risk Activities. The Products, Software, and Services are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life-support machines, or any other application in which the failure of the Products, Software, or Services could lead directly to death, personal injury, or severe physical or property damage (collectively, "High-Risk Activities"). Dell expressly disclaims any express or D. Warranty Exclusions. Warranties do not cover damage due to external causes, such as accident, abuse, misuse, problems with electrical power, service not performed orauthorized by Dell (including installation or de-installation), usage not in accordance with product or software instructions, normal wear and tear, or use of parts and components not supplied or intended for use with the products, software, or services. These warranties do not apply to Third-Party Products. Any warranty on a Third- specifications and current documentation provided by Dell. THE RESULTS OF ANY RECOMMENDATION BY DELL. implied warranty of fitness for High-Risk Activities. Page 12of31 DIR Contract No. DIR-TS0-3763 Vendor Contract No. Party Product is provided by the publisher, provider, or original manufacturer. To the extent that Dell is contractually authorized by the applicable Third-Party, Dell will assign to Customer any additional warranty provided to Dell; otherwise the Third- Party Products are provided by Dell "as is." WHETHER DIRECT OR INDIRECT, NEITHER PARTY SHALLE HAVELIABILITY FOR THE FOLLOWING,A)LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS, (B) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USEOFSYSTEMIS) OR NETWORK, OR THE RECOVERY OFSUCH.,(OLOSSOFBUSINESS OPPORTUNITY,(D)BUSINESS INTERRUPTIONOR DOWNTIME,OR(E)SERVICES. VENDOR PRODUCTSOR THIRD-PARTY PRODUCTS NOT BEING AVAILABLE FOR USE BY CUSTOMER. A. With respect to Customer's use of the Software (1) neither Dell nor any oft the Dell Parties makes any express or implied warranty that Software provided to Customer in connection with this Agreement is or will be secure, accurate, complete, uninterrupted, without error, or free of viruses, worms, other harmful components, or other program limitations; or that any errors in the Software will be corrected; (2) Customer assumes the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components, unless such errors or viruses are the direct result of dell's gross negligence or willful misconduct; (3) Dell and the Dell Parties, jointly and severally, disclaim and make no warranties or representations as to the accuracy, quality, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any reports, data, results, or other information obtained or generated by Customer related to Customer's use of the Software; and (4) use oft the Software is entirely at Customer's own risk and neither Dell nor the Dell Parties shall have any liability relating to such use. THIRD PARTY PRODUCTS. To the extent Dell has the right to do SO under its agreements with any third parties Dell shall pass through to Customer all Third Party warranties as Dell receives from such third party in its contracts. Dell Return Policy (U.S. only) For any Product return, Customer agrees to follow and comply with the terms and process applicable according to Dell's return policy at www.Del.com/returnspolicy. Note: Before a Customer returns the product to Dell, make sure to back-up any data on the hard drive(s) and on any other storage device in the product. Remove any and all confidential, proprietary, and personal information as well as removable media such as floppy disks, CDs, and PC Cards. Dell is not responsible for any confidential, proprietary, or personal information; lost or corrupted data; or damaged or lost removable media that may be included with a Customer's return. Page 13of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. Services Warranty: Limited Warranty. VENDOR WARRANTS THAT SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY STATED IN THE PRECEDING SENTENCE, VENDOR (INCLUDING ITS AFFILIATES, SUBCONTRACTORS AND AGENTS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS COLLECTIVELY, THE "VENDOR PARTY(IES)") MAKESNO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY OF THE SERVICESORDELIVERABLES,INCLUDING BUNOTIMITEDIO,ANI WARRANTY OF MERCHANTABILIT, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE,SUITABILITYORNON-INFRINFRINGEMENT; OR ANY WARRANTY RELATING TO' THIRD-PARTY PRODUCTS OR THIRD- High-Risk Application Disclaimer. THE SERVICES ARE NOT FAULT- TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SERVICES COULD LEAD DIRECTLY TODEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE COLLECTIVELY, "HIGH-RISK ACTIVITIES"). VENDOR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF F. Section 7. Contract Fulfillment and Promotion, E. Internet Access to Contract and Pricing Information, 1) Vendor Website, is hereby replaced in its entirety: 1) Within thirty (30) calendar days of the effective date of the Contract, Vendor will establish and maintain a webpage specific to the products and related services and cloud services awarded under the Contract that are clearly distinguishable from other, non- DIR Contract offerings on the Vendor's website. The webpage must include: a) the products and related services and cloud services awarded; b) description of product and service awarded; builder) to obtain specific contracted pricing; d) discount percentage (%) off MSRP or List Price; PARTY SERVICES. HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE FITNESS FOR HIGH-RISK ACTIVITIES. c) a current price list or mechanism (for example, a services calculator or product e) alink (updated no less than monthly) to thel Full Pricing Catalog, listing all products and services by product description, manufacturer part number, Dell part number, MSRP; designated Order Fulfillers; Page 14 of31 DIR Contract No. DIR-TSO-3763 Vendor Contract! No. g) contact information (name, telephone number and email address) for Vendor and designated Order Fulfillers; warranty policies; return policies; h) instructions for obtaining quotes and placing Purchase Orders; the DIR Contract number with a hyperlink to the Contract's! DIR webpage; a link to the DIR "Cooperative Contracts"webpage; and m) the DIR logo in accordance with the requirements of this Section. G. Section 7. Contract Fulfillment and Promotion, F. Services Warranty and Return Vendor and Order Fulfiller will adhere to the Vendor's then-currently published generally applicable U.S. policies concerning services warranties and returns. H. Section 7. Contract Fulfillment and Promotion, H. Vendor and Order Fulfiller Policies, is hereby replaced in its entirety: Logo, is hereby replaced in its entirety: DIR may use the Vendor's and Order Fulfiller's name and logo in the promotion oft the Contract to communicate the availability of products and services under the Contract to Customers. Use of the logos may be on the DIR website or on printed materials. Any use ofVendor's and Order Fulfiller'sl logo by DIR must comply with and be solely related to the purposes of the Contract and any usage guidelines communicated tol DIR from time to time. Nothing contained in the Contract will give DIR any right, title, or interest in or to Vendor's or Order Fulfiller' trademarks or the goodwill associated therewith, except for the limited usage rights expressly provided by Vendor and Order Fulfiller. Dell's logo is subject tol Dell's corporate compliance usage rules. . - Section 7. Contract Fulfillment and Promotion, I. Trade Show Participation, is At DIR's discretion, Vendor may be required to participate in no more than two (2) DIR sponsored trade shows each calendar year. Vendor understands and agrees that participation, at the Vendor's expense, includes providing a manned booth display or similar presence. DIR will provide four months advance notice of any required participation. Vendor must display the DIR logo at all such trade shows in the State of Texas that potential Customers will attend. DIR reserves the right to approve or disapprove of the location or the use of the DIR logo in or on the Vendor's or Order hereby replaced in its entirety: Fulfiller's booth. Page 15of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. J. Section 8. Pricing, Purchase Orders, Invoices, and Payments, is hereby replaced in its entirety: A. Purchase Orders AIIC Customer Purchase Orders will be placed directly with the Order Fulfiller. Accurate Purchase Orders shall be effective and binding upon Order Fulfiller when accepted by Order Fulfiller. B. Invoices Invoices shall be submitted by the Vendor directly to the Customer and shall be issued inc compliance with Chapter 2251, Texas Government Code. All payments for services purchased under the Contract and any provision and receipt of such services shall be Invoices must be timely and accurate. Each invoice must match Customer's Purchase Order and include any written changes that may apply, as it relates to services, prices and quantities. Invoices must include the Customer's Purchase Order number or other pertinent information for verification of receipt of the services by the Customer. made by the Customer to the Vendor. C.P Payments The parties shall comply with Chapter 2251,Texas Government Code, ini invoicing and making payments. Payments for goods and services are due thirty (30) days after the goods are provided, the services completed, or a correct invoice is received, whichever isl later. Payment under the Contract shall not foreclose the right to recover wrongful payments. D.A Acceptance Customer and Vendor may establish terms for acceptançe of Products and Services. Absent other terms of acceptance agreed to by Customer and Vendor, the following terms will apply. With respect to Vendor-branded products delivered to Customers under the Contract that have Vendor-published specifications, and with respect to Services provided to Customers by Vendor under the Contract that have mutually agreed upon specifications described in a Purchase Order executed by the Customer and Vendor (respectively, the Specifications"). Customer shall determine whether such products and Services meet the applicable Specifications. If the product or Service meets the Specifications applicable to it, the Customer agrees to accept such product or Service. Unless otherwise agreed upon by the Customer and Vendor, a product or service shall be deemed açcepted if the Customer does not, within Twenty (20) twenty calendar days from the date such product or service is delivered, issue to Vendora a written notice of partial acceptance or rejection ofthe product or service based on the fact that the product or service did not meet the Specifications applicable to it No payment shall due for any such product or Service until the Customer either accepts the product or service or such product or service is Deemed Accepted. ("Deemed Acceptance" or "Deemed. Accepted)). Page 16of31 DIR Contract No. DIR-TS0-3763 Vendor Contract No. K. Section 9. Contract Administration, B. Reporting and Administrative Fees, 2) Detailed Monthly Report, is hereby replaced in its entirety: 2) Detailed Monthly Report Vendor shall electronically provide DIR with a detailed monthly report in the format required by DIR showing the dollar volume of any and all sales under the Contract for the previous calendar month period. Reports are due on the fifteenth (15th) calendar day of the month following the month of the sale. Ift the 15th calendar day falls on a weekend or state or federal holiday, the report shall be due on the next business day. The monthly report shall include, per transaction: the detailed sales for the period, Customer name, invoice date, invoice number, description, quantity, MSRP or List Price, unit price, extended price, Customer Purchase Order number, contact name, Customer'scomplete billing address, the estimated administrative fee for the reporting period, subcontractor name, EPEAT designation (if applicable), configuration (if applicable), contract discount percentage, actual discount percentage, negotiated contract price (if fixed price is offered instead of discount off of MSRP), and other information as required by DIR. Each report must contain all information listed above per transaction or the report will be rejected. and returned to the Vendor for correction in accordance with this section. Vendor shall report in a manner required by DIR which is subject to change dependent upon DIR's business needs. Failure to do sO L. Section 9. Contract. Administration, B. Reporting and Administrative Fees, 4)DIR may result in contract termination. Administrative Fee, is hereby replaced in its entirety: a) The Vendor shall pay an administrative fee to DIR to defray the DIR costs of negotiating, executing, and administering the Contract. The maximum administrative fee is set by the Texas Legislature in the biennial General Appropriations Act. DIR will review Vendor monthly sales reports, close the sales period, and notify the Vendor of the administrative fee no later than the fourteenth (14"h) day of the second month following the date of the reported sale. Vendor shall pay the administrative fee by the twenty-fifth (25th) calendar day of the second month following the date of the reported sale. For example, Vendor reports January sales by February 15th, DIR closes January sales and notifies Vendor of administrative fee by March 14th, Vendor submits administrative fee for January b) DIR may change the amount of the administrative fee upon thirty (30) calendar days written notice to Vendor without the need for a formal contract amendment. c) Vendor shall reference the DIR Contract number, reporting period, and sales by March 25th. administrative fee amount on any remittance instruments. Page 17of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. M. Section 9. Contract Administration, B. Reporting and Administrative Fees, 5) Accurate and Timely Submission of Reports, is hereby replaced in its entirety: a) The reports and administrative fees shall be accurate and timely and submitted in accordance with the due dates specified in this section. Vendor shall correct any inaccurate reports or administrative fee payments within three (3) business days upon written notification by DIR. Vendor shall deliver any late reports or late administrative fee payments within three (3) business days upon written notification by DIR. If Vendor is unable to correct inaccurate reports or administrative fee payments or deliver late reports and fee payments within three (3) business days, Vendor must contact DIR and provide a corrective plan of action, including the timeline for completion of correction. The corrective plan of action shall be subject b) Should Vendor fail to correct inaccurate reports or cure the delay in timely delivery of reports and payments within the corrective plan of action timeline, DIR reserves the right to require ani independent third-party audit ofthe Vendor'srecords as specified in C.3 ofthis Section, at Vendor's expense. DIR will select the auditor Failure to timely submit three (3) reports or administrative fee payments within any rolling twelve (12) month period may, at DIR's discretion, result in the addition of late fees of $100/day for each day the report or payment is due (up to $1000/month) N. Section 9. ContractAdminstraton, C. Records and Audit, is hereby replaced in its 1) Acceptance of funds under the Contract by Vendor and/or Order Fulfiller acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit ori investigation inc connection with those funds. Vendor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Vendor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Vendor or directly by Order Fulfillers and the requirement to cooperate isi included in any subcontract or Order Fulfiller contract it awards pertaining tot the Contract. Under the direction of the Legislative Audit Committee, a Vendor that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office 2) Vendor shall maintain adequate records relating to the requirements oft this Contract and relevant to the performance of the Contract to DIR, to establish compliance with the Contract until the later ofaj period of four (4) years after termination oft the Contract or until full, final and unappealable resolution of all Compliance Check or litigation issues that arise under the Contract. Such records shall include per transaction: Customer name, invoice date, invoice number, description, quantity, unit price, toDIR approval. (and all payments to auditor will require DIR approval). or suspension or termination ofVendor's Contract. entirety: considers relevant to the investigation or audit. Page 18of31 DIR Contract No. DIR-TS0-3763 Vendor Contract No. extended price, Customer Purchase Order number. contact name. Customer'sc complete billing address, the calculations supporting each administrative fee owed DIR under the Contract, Historically Underutilized Businesses Subcontracting reports, and such 3) Vendor and/or Order Fulfillers shall grant access to all paper and electronic records, books, documents, accounting procedures, practices and any other items relevant to the performance of the Contract to the DIR Internal Audit department or DIR Contract Management staff, including the compliance checks designated by the DIR Internal Audit department, DIR Contract Management staff, the State Auditor's Office. and of the United States, and such other persons or entities designated by DIR for the purposes ofi inspecting, Compliance Checking and/or copying such books and records. Vendor and/or Order Fulfillers shall provide copies and printouts requested by DIR without charge. DIR: shall provide Vendora and/or Order Fulfillers ten (10) business days' notice prior to inspecting, Compliance Checking, and/or copying Vendor's and/or Order Fulfiller's records. Vendor's and/or Order Fulfillers records, whether paper or electronic, shall be made available during regular office hours. Vendor and/or Order Fulfiller personnel familiar with the Vendor's and/or Order Fulfiller's books and records shall be available to the DIR Internal Audit department, or DIR Contract Management staff and designees as needed. Vendor and/or Order Fulfiller shall provide adequate office space to DIR staff during the performance of Compliance Check. If any audit reveals a Material Accounting Error, Vendor must reimburse DIR for actual and reasonable costs of such audit. Material Accounting Error means (a) with regard to audits of invoices, an aggregate variance from all applicable invoices of Vendor reviewed during such audit in excess of 1.5% of the aggregate amount shown on all of the invoices reviewed during such audit; and (b) with regard to audits of fees, an aggregate underpayment of all fees due tol DIR under this Contract during a Vendor 0. Section 10. Vendor Responsibilities, A. Indemnification, 2) ACTS OR other documentation as DIR may request. fiscal quarter in excess of 5%. OMISSIONS is hereby replaced in its entirety: 2)ACTS OR OMISSIONS Vendor shall indemnify and hold harmless the State ofTexas and Customers, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES. CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM AND AGAINST ANY AND ALLTHIRD PARTY CLAIMS FOR 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 the Vendor 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 resulting in bodily injury (including death) or damage to tangible property and tot the extent caused by Dell ori its Order Fulfillers, Agents, Resellers or subcontractors. VENDOR'S OBLIGATIONS TO INDEMNIFY AND HOLD HARMLESS BY NEGLIGENCE VENDOR SHALL PAY ALL COSTS OF DEFENSE INCLUDING REASONABLE, ATTORNEYS FEES. The defense shall be coordinated by the Office Page 19of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No.. of the Attorney General FOR TEXAS STATE AGENCIES OR BY CUSTOMER'S LEGAL COUNSEL FOR NON-STATE AGENCY CUSTOMERS. VENDOR'S COUNSEL FOR VENDOR, ANDE BY CUSTOMERS COUNSEL FOR NON-STATE AGENCY CUSTOMERS AND VENDOR MAY NOT AGREE TO ANY SEITLEMENT AS TO CLAIMS AGAINST TEXAS STATE AGENCIES WITHOUT FIRST OBTAINING CONCURRENCE FROM THE OFFICE OF THE P. Section 10. Vendor Responsibilities, A. ndemnitication, 3) Infringements is a) Vendor shall indemnify and hold harmless the State of Texas and Customers, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES, from any and all third-party claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the PERFORMANCES of Services or the provision of Dell-branded Products by VENDOR PURSUANT TO THIS CONTRACT. "Dell-Branded Products" shall mean hardware products (including all Dell standard components and parts contained within the Dell system), components, or parts bearing the Dell logo that are included on VENDOR and the CUSTOMER agree to: furnish timely written notice to each other of any such claim. VENDOR: SHALL BELIABLETOPAY ALLO COSTS OF DEFENSE OF THE CLAIMS AS SPECIFIED IN' THIS SECTION INCLUDING ATTORNEYS' FEES. The defense shall be coordinated by the Office of the Attorney General FOR TEXAS STATE AGENCY CUSTOMERS, Vendor's Counsel for Vendor, AND BY CUSTOMER'S LEGAL COUNSEL FOR NON-STATE AGENCY CUSTOMERS AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT AS TO CLAIMS AGAINST TEXAS STATE AGENCIES WITHOUT FIRST OBTAINING CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. In addition, the foregoing IP obligations shall extend to third party claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with Vendor's sale ofthird party equipment and license of third party software under this Contract, if and to the extent the applicable third party equipment manufacturer or third party software licensor is contractually obligated to Vendor to provide indemnification for such b) Notwithstanding the foregoing, Vendor shall have no obligation under this Section for any claim to the extent that it results or arises amtDCasrimdistws of such products, services or deliverables that were not performed by or on behalf of Vendor; (2) the combination, operation or use of such product, service or deliverable in connection with a third-party product or service (the combination of which causes the infringement); or (3) Vendor's compliance with Customer's written specifications (to the extent such specifications were not developed by Vendor) or directions, ATTORNEY GENERAL. hereby replaced ini its entirety: AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, Seller's standard price list. claims. Page 20of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. including the incorporation of any software or other materials or process provided by or requested by Customer. provided that, in the first case. Vendor's employees who complied with Customer's specifications did not have actual knowledge that such specifications infringe one or more United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights and fails to SO inform Customer. In the event Vendor has no obligation for a claim as set forth above, Vendor agrees to provide such assistance (e.g., producing documents and its employees as witnesses) as is reasonably requested by the Attorney General in connection with the c)If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor's sole option and expense: (i) procure for the Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service SO that Customer's use is non- infringing, or (iii) provide ai refund that reflects reasonable depreciation for time ofuse, andi fors services/Custom software. (iii) applies only ifthe remedies described in subparts (i) and (ii) are not obtainable despite Vendor's commercially reasonable efforts. This subsection states Customer's exclusive remedies for any third-party intellectual property claim. Notwithstanding the foregoing, if Vendor provides the remedy described in subpart (iii) and the affected Customer incurs transition expenses relating to the replacement in such Customer'sIT environment of the affected portion of Dell- Branded Products or services, such Customer may tender to Vendor a claim for such actual and reasonable transition expenses in an amount up to the difference between (y) the original purchase price for the affected portion of the product or service being removed and (z) the refund provided to such Customer pursuant to subpart (iii), above, Section 10. Vendor Responsibllities, B. Taxes/Worker's Compensation/ UNEMPLOYMENT INSURANCE is hereby replaced in its entirety: 1) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR'S AND VENDOR'S EMPLOYEES TAXES OF WHATEVER KIND, ARISING OUT OF THEI PERFORMANCESINTHISCONTRACT. VENDOR AGREESTOCOMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, ACKNOWLEDGES THAT VENDOR ITS EMPLOYEES, REPRESENTATIVES, AGENTS OR SUBCONTRACTORS SHALL NOT BE ENTITLED TO ANY STATE BENEFIT OR BENEFIT OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER AS A RESULT OF WORKING UNDER THIS CONTRACT. THE CUSTOMER AND/OR THE STATE. SHALLNOT BELIABLETOTHE VENDOR ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE. PAYMENT OFT TAXES OR Attorney General's defense of such claim. and Vendor will pay such claim. AND WORKERS COMPENSATION. VENDOR AGREES AND Page 21 of31 DIR Contract No. DIR-TSO-3763 Vendor Contract! No. THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER ASA 2) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES. CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALLLIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION OR EXPECTATIONS OF BENEFITS BY VENDOR, ITS EMPLOYEES, REPRESENTATIVES, AGENTS OR SUBCONTRACTORSINTS PERFORMANCE UNDER THIS CONTRACT. VENDOR SHALL BELIABLETO PAY ALL COSTS OF DEFENSE INCLUDING REASONABLE ATTORNEYS' FEES FOR CLAIMS UNDER THIS CLAUSE AS A RESULT OF ITS THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCY CUSTOMERS, VENDOR'S COUNSEL FOR VENDOR AND BY CUSTOMER'S LEGAL COUNSEL FOR NON-STATE AGENCY CUSTOMERS, AND VENDOR MAY NOT AGREETO. ANY SETTLEMENT ASTOCLAIMSAGAINSTTEXASSTATE AGENCIES WITHOUT FIRST OBTAINING CONCURRENCE FROM THE R. Section 10. Vendor Responsibilities, C. Vendor Certifications, is hereby replaced in RESULTOFITS PERFORMANCE UNDER THIS CONTRACT. PERFORMANCE UNDER THIS CONTRACT. OFFICE OF THE ATTORNEY GENERAL. its entirety: C. Vendor Certifications Vendor certifies on behalf of Vendor and its designated Order Fulfillers that they: (i) have not given, offered to give, and do not intend 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 Contract; (i) are not currently delinquent in the payment of any franchise tax owed the State and are not ineligible to receive payment under $231.006 of the Texas Family Code and acknowledge the Contract may be terminated and payment withheld ift this certification (iii) neither they, nor anyone acting for them, have violated the antitrust laws of the United States or the State, nor communicated directly or indirectly to any competitor or any other person engaged in such line of business for the purpose of obtaining an (iv) have not received payment from DIR or any of its employees for participating in (v) under Section 2155.004, Texas Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive isi inaccurate; unfair price advantage; the preparation of the Contract; Page 22 of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. the specified contract and acknowledges that this contract may be terminated and (vi) to the best of their knowledge and belief, there are no suits or proceedings pending or threatened against or affecting them, which if determined adversely to them will have a material adverse effect on the ability to fulfill their obligations under the (vii) Vendor and its principals are not suspended or debarred from doing business with the federal government as listed in the System for Award Management (SAM) (vili) as oft the effective date of the Contract, are 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 SupportTerrorism", published by the United States Department of the Treasury, Office of Foreign Assets (ix)Vendor certifies that, fori its performance of this contract, it shall purchase products and materials produced in the State of Texas when available at the price and time comparable to products and materials produced outside the state, to the extent that such isr required under Texas Government Code, Section 2155.4441. This certification will not be interpreted to prohibit or impair Vendor's provision of product from its then (x) agrees that all equipment and materials used in fulfilling the requirements of this contract are of high-quality and consistent with or better than applicable industry standards, ifany. All Works and Services performed pursuant to this Contract shall be of high professional quality and workmanship and according consistent with or better (xi)to the extent applicable to this scope of this Contract, Vendor hereby certifies that itisi in compliance with Subchapter Y, Chapter 361, Health and Safety Code related to the Computer Equipment Recycling Program and its rules, 30 TAC Chapter 328; (xii). agree that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State (xili) are in compliance Section 669.003, Texas Government Code, relating to (xiv) certify that the provision of goods and services or other performance under the Contract will not constitute an actual or potential conflict of interest and certify that they will not reasonably create the appearance ofi impropriety, and, ifthese facts change during the course of the Contract, certify they shall disclose the actual or potential conflict of interest and any Cirçumstances that create the appearance of impropriety; (xv) under Section 2155.006, and Section 2261.053, Texas Government Code, are not ineligible to receive the specified contract and acknowledge that this contract may be (xvi) have complied with the Section 556.0055, Texas Government Code, restriction on lobbying expenditures. In addition, they acknowledge the applicability of $2155.444 and $2155.4441,Texas Government Code, in fulfilling the terms of the Contract; and payment withheld ifthis certification is inaccurate; Contract; maintained by the General Services Administration; Control; current and commercially available inventory. than applicable industry standards, if any; ofTexas; contracting with exeçutive head of a state agency; terminated and payment withheld if this certification isi inaccurate; Page 23 of31 DIR Contract No. DIR-TSO-3763 Vendor Contract. No. (xvii) certify that the Customer's payment and their receipt of appropriated or other funds under this Agreement are not prohibited by Sections 556.005 or Section 556.008, (xvin)certify that in accordance with Section 2270.002 oft the Texas Government Code, bys signature hereon, Vendor does not boycott Israel and will not boycott Israel during During the term of the Contract, Vendor will, for itself and on behalf of its Order Fulfillers, promptly disclose to DIR any changes that occur to the foregoing certifications. Vendor covenants to fully cooperate in the development and execution of resulting documentation necessary to maintain an accurate record of the Ina addition, Vendor understands and agrees that tifVendor responds to certain Customer pricing requests or Statements of Work, then, in order to contract with the Customer, Vendor may be required to comply with additional terms and conditions or certifications that an individual customer may require due to: state and federal law (e.g., S. Section 10. Vendor Responsibilities, G. Responsibility for Actions, is hereby Texas Government Code. the term of this Contract. certifications. privacy and security requirements). replaced in its entirety: 1) Vendor is solely responsible for its actions and those of its agents, employees, or subcontractors, and agrees that neither Vendor nor any of the foregoing has any authority to act or speak on behalf of DIR or the State. T. Section 10. Vendor Responsibilities, I. Security of Premises, Equipment, Data and Personnel, is hereby replaced in its entirety: a) Vendor and/or Order Fulfiller may, from time to time during the performance of the Contract, have access to the personnel of Customers and the premises, equipment, and othertangible property belonging to the Customer. Vendor shall use commercially reasonable efforts to preserve the safety of such personnel and the safety, security, and the integrity of such premises, equipment, and other tangible property, in accordance with thei instruction oft the applicable Customer provided to Vendor or the applicable Order Fulfiller by the Customer in writing orin the manner that Customer generally provides such instructions to its own employees and other contractors. Vendor shall be responsible for damage to Customer's premises, equipment and other tangible property when such damage is caused by its employee or subcontractor. If Vendor and/or an Order Fulfiller materially fails to comply with the applicable Customer's security requirements, then such Customer may immediately terminate its Purchase b) In addition, Vendor and/or Order Fulfiller may, from time to time during performance of the Contract, have access to Customer's data ("Data") that is Order and related Service Agreement. Page 24 of31 DIR Contract No. DIR-TS0-3763 Vendor Contract No. hosted either at Customer's or a third party's premises (other than premises of Vendor's Affiliates or subcontractors) (collectively, "Customer Premises") ora at Vendor's premises or the premises of Vendor's Affiliates or subcontractors - As to Data hosted at any Customer Premises, Vendor shall comply with Customer's instructions related to preserving the safety, security and integrity of such Data provided to Vendor or the applicable Order Fulfiller by the Customer in writing or in the manner that Customer generally provides such instructions to its own employees and other contractors. ii. As to Data hosted at any Vendor Premises, Vendor will comply with its generally applicable security standards designed to preserve the safety, security and integrity of such Data, as well as any additional security obligations expressly agreed in the applicable Statement of Work executed ii. Notwithstanding anything to the contrary in this Agreement, including this Section 10.I, except as otherwise expressly provided in a Statement of Work executed by Customer and Vendor: (A) Customer is responsible for backing up its own Data, (B) Vendor and Order Fulfiller shall not have operational or financial responsibility for refreshes, upgrades, modifications or improvements to Customer-provided facilities, equipment or software that may be required to preserve the safety, security and integrity of such Data, and (C) if Vendor or Order Fulfiller's compliance with Customer's instructions constitutes a material change to the scope of Services or their other obligations, the parties will equitably adjust the charges to account for such material change. Vendor and Order Fulfiller shall not be responsible, orl liable for any damages, forany Data losses to the extent such) Data cannot be retrieved due to Customer's (or Customer's applicable Third-Party Vendor's) failure to use standard industry practices relating to data backups iv. IfVendor has Data backup responsibility under the applicable Statement of Work, Vendor shall be operationally and financially responsible for restoring such Data that is lost or corrupted as soon as reasonably practicable in accordance with its Data restore responsibilities set forth in the Statement of Work, provided that, if the loss or corruption of Data results from al Force Majeure Event or other event for which Vendor'snon- performance is excused, then Vendor and Customer will equitably adjust the charges to account for the additional effort incurred by Vendor in restoring the Data to the extent such additional charges result fromactivities in addition to the responsibilities Vendor is expressly obligated to perform under the applicable Statement of Work. In either of the foregoing casesin which additional charges may apply, Vendor will consult with the (collectively, "Vendor Premises"). by Customer and Vendor. and retrieval of Data. Page 250f31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. applicable Customer before performing such restoration, and the applicable Customer may, at its discretion, direct Vendor not to restore the Data. U. Section 10. Vendor Responsibilities, J. Background and/or Criminal History Prior to commencement of any services, background and/or criminal history investigation of the Vendor's employees and subcontractors who will be providing services to the Customer under the Contract may be performed by Vendor or Customers (as required by Customer), provided this requirement is added to the applicable specific Purchase Order between such Customer and Vendor. Should any employee or subcontractor oft the Vendor who will be providing services to the Customer under such Purchase Order not be acceptable to the Customer as a result of the background and/or criminal history check, then Customer may immediately require replacement of the employee or subcontractor in question. If Vendor fails to promptly replace the employee or subcontractor personnel, then Customer may immediately terminate its V. Section 10. Vendor Responsiblities, K. Limitation of Liability, is hereby replaced Investigation, is hereby replaced in its entirety: Purchase Order and related Service Agreement. ini its entirety: For any claim or cause of action arising out of or related to the Contract: i) to the extent permitted by the Constitution and the laws of the State of Texas, none of the parties shall be liable to the other for indirect, punitive, special, or consequential damages, even ifiti isa advised of the possibility ofs such damages; and ii) Vendor's cumulative liability for all claims and damages of any kind to all Customers under the Contract shall be limited, in the aggregate, to $5,000,000. The foregoing limitations shall apply regardless of whether the claim for such damages is based in contract, warranty, strict liability, negligence, tort or otherwise. Insofar as applicable law prohibits any limitation herein, the parties agree that such limitation will be automatically modified, but only to the extent sO as to make the limitation permitted to the fullest extent possible under such law. However, this limitation of Vendor's liability shall not apply to Vendor's indemnification obligations for claims of patent, trademark, or copyright infringement of Vendor-branded products or Vendor-provided services and deliverables as set forth in Section 10.A.3 ("Infringements"). W.s Section10. Vendor Responsibilities, L. Overcharges, is hereby replaced in its entirety: Vendor hereby assigns to DIR any and all of its claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Section 1, et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. and Comm. Code Section 15.01, et seq., to the extent that such overcharge was, in fact, passed on tol DIR ori its Customers in the computer products Page 26of31 DIR Contract No. DIR-TS0-3763 Vendor Contract No., or other goods and/or services purchased by DIR or its Customers under this X. Section 10 Vendor Responsibilities, M. Prohibited Conduct, isl hereby deleted ini its Y. Section 10. Vendor Responsibilities, N. Required Insurance Coverage, is hereby Contract during the time period referenced in the litigation. entirety because the subject matter is addressed in 10.C.iii. replaced in its entirety: N. Required Insurance Coverage Asac condition of this Contract with DIR, Vendor shall provide the listed insurance coverage within 5 business days of execution of the Contract if the Vendor is awarded services which require that Vendor's employees perform work at any Customer premises and/or use employer vehicles to conduct work on behalf of Customers. In addition, when engaged by a Customer to provide services on Customer premises, the Vendor shall, at its own expense, secure and maintain the insurance coverage specified herein, and shall provide proof of such insurance coverage to the related Customer within five (5) business days following the execution of the Purchase Order. Vendor may not begin performance under the Contract: and/or a Purchase Order until suchj proof ofinsurance coverage is provided to, and approved by, DIR and the Customer. All required insurance must be issued by companies that have an A rating and al Financial Size Category Class of VII from A.M. Best and are licensed in the State of Texas and authorized to provide the corresponding coverage. The Customer and DIR will be named as Additional Insureds on all required coverage. Required coverage must remain in effect through the term of the Contract and each Purchase Order issued to Vendor there under. The minimum acceptable insurance provisions are as follows: 1) Commercial General Liability Commercial General Liability must include $1,000,000 per occurrence for Bodily Injury and Property Damage, with a separate aggregate limit of $2,000,000; Medical Expense per person of $5,000; Personal Injury and Advertising Liability of $1,000,000; Products/Completed Operations Aggregate Limit of $2,000,000; and Damage to Premises Rented: $50,000. Agencies may require additional Umbrella/Excess Liability insurance. The policy shall contain the following a) Blanket contractual liability coverage for liability assumed under the Contract; c) State of Texas, DIR and Customer listed as an additional insured; and provisions: b) Independent Contractor coverage; d) Waiver of Subrogation 2) Workers' Compensation Insurance WORKERS' COMPENSATION INSURANCE AND EMPLOYERS LIABILITY COVERAGE MUST INCLUDE LIMITS CONSISTENT WITH STATUTORY BENEFITS OUTLINED IN THE TEXAS WORKERS Page 27of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. COMPENSATION ACT (ART. 8308-1.01 ET SEQ. TEX. REV. CIV. STAT) AND MINIMUM POLICY LIMITS FOR EMPLOYERS LIABILITY OF $1,000,000 BODILY INJURY PER ACCIDENT, $1,000,000 BODILY INJURY DISEASE PER EMPLOYEE AND: $1,000,000 PER DISEASE POLICY LIMIT. Business Automobile Liability Insurance must cover all owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. The policy shall contain the following 3) Business Automobile Liability Insurance endorsements in favor of DIR and/or Customer: a) Waiver of Subrogation; and b) Additional Insured. Z. Section 10. Vendor Responsibilities, S. Secure Erasure of Hard Disk Products and/or Services, is hereby replaced in its entirety: Vendor agrees that all products that are equipped with hard disk drives (e.g., computers, servers, printers, scanners, multifunction devices) shall have the capability to erase data written to the hard drive prior to final disposition of such managed service products and/or services, either at the end of the managed service product and/ lor services' useful life or at the end oft the Customer's managed service product and/or services' useful life or the end of the related Customer Managed Services Agreement for such products and/or services, in accordance with ITAC 202.28. AA. Section 10. Vendor Responsibilities, T. Deceptive Trade Practices; Unfair Business Practices, is hereby replaced ini its entirety: Vendor certifies as of the Effective Date of this Contract, that neither Vendor nor any of its Subcontractors has been (i) found liable in any administrative hearing, litigation or other proceeding of Deceptive Trade Practices violations as defined under Chapter 17, Texas Business & Commerce Code, or (ii) has outstanding allegations of any Deceptive Trade Practice pending in any administrative hearing, Vendor certifies that it has no officers who have served as officers of other entities who (i) have been found liable in any administrative hearing, litigation or other proceeding of Deceptive Trade Practices violations or (ii) have outstanding allegations of any Deceptive Trade Practice pending in any administrative hearing, litigation or other proceeding. litigation or other proceeding. replaced in its entirety: BB. Section 10. Vendor Responsibilities, U. Drug Free Workplace Policy, is hereby Vendor will comply with drug and alcohol rules and regulations that are legally mandated for employers in the State of Texas. Vendor and Customers may agree to Page 28 of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. more specific requirements for onsite services in a mutually agreed statement of CC. Section 11. Contract Enforcement, B. Termination, a) Termination for Non- work. Appropriation by Customer, is hereby replaced in its entirety: Customer shall not place Purchase Orders if funds sufficient to pay its obligations under the Contract are not appropriated: i) by the governing body on behalf of local governments; ii) by the Texas legislature on behalf of state: agencies; ;oriii) by budget execution authority provisioned to the Governor or the Legislative Budget Board as provided in Chapter 317, Texas Government Code. In the event of non- appropriation, Vendor and/or Order Fulfiller will be provided ten (10) calendar days written notice of intent to terminate. Notwithstanding the foregoing, if a Customer issues a Purchase Order and has accepted delivery of the product or services, they are obligated to pay for the product or services or they may return the product and discontinue using services under any return provisions that Vendor offers. In the event of such termination, the Customer will not be considered to be in default or breach under this Contract, nor shall it be liable for any further payments ordinarily due under this Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. Notwithstanding the foregoing, if a Customer issues a Purchase Order and has accepted delivery of the product or services, they are obligated toj pay for the product or services or they may return products and discontinue using services under any return provisions that DD. Section 11. Contract Enforcement, B. Termination, 3) Termination for Vendor offers. Convenience, is hereby replaced in its entirety: DIR may terminate the Contract, in whole or in part, by giving the other party thirty (30) calendar days written notice. A Customer may terminate a Purchase Orderif iti is determined by the Customer that Order Fulfiller will not be able to deliver product or services prior to manufacturing process for products, and for services, ina accordance with a mutually agreed Statement of Work. Forq qualifying products, Customer may return following receipt, in accordance with the Vendor's Return Policy. entirety: EE. Section 11. Contract Enforcement, C. Force Majeure, is hereby replaced in its DIR, Customer, or Vendor may be excused from performance under the Contract for any period when performance is prevented as the result of an act of God, strike, war, civil disturbance, epidemic, or court order, provided that the party experiencing the event of Force Majeure has prudently and promptly acted to take any and all steps that are within the party's control to ensure performance and to shorten the duration of the event of Force Majeure. The party suffering an event of Force Majeure shall provide notice of the event to the other parties when commercially Page 29 of31 DIR Contract No. DIR-TSO-3763 Vendor Contract No. reasonable. Subject to this provision, such non-performance shall not be deemed a default or a ground for termination. However, a Customer may terminate al Purchase Order if 1) its performance is or will be delayed by 20 days or more by event(s) of Force Majeure (or a longer period if agreed to by the Customer) and 2) if it is reasonably determined by the Customer that Vendor will not be able to deliver services in a timely manner to meet the business needs of the Customer. FF. Section 14. Export Compliance, is hereby added: Compliance/Export Restrictions. Dell and Customer acknowledge that Products licensed or sold under this Agreement are subject to the export control laws and regulations of the United States or those of other countries from which they were supplied and in which they are used. Under U.S. laws and regulations, Products purchased under this Agreement may not be sold, leased or otherwise transferred tor restricted end-users or to restricted countries. In addition, the products may not be sold, leased or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use ofr nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. Customer warrants that any software provided by Customer and used as part of the Services contains no encryption or, to the extent that it contains encryption, such software is approved for export without al license. IfCustomer cannot make the preceding representation, Customer agrees to provide Dell with all of the information needed for Dell to obtain export licenses from the United States government and to provide Dell with such additional assistance as may be necessary to obtain such licenses. Notwithstanding the foregoing, Customer is solely responsible for obtaining any specific licenses relating tothe export ofs softwareifal license is needed. Dell may also require export certifications from Customer for Customer provided software. Dell's acceptance of any order for Services is contingent upon the issuance of any applicable export license required by the United States Government; Dell is not liable for delays or failure to deliver a product resulting from Customer's failure to obtain such license or to provide such certification. Remainder of this page intentionally left blank Page 30of31 DIR Contract No. DIR-TS0-3763 Vendor Contract No. This Contract is executed to be effective as of. January 10, 2018. Dell Marketing, L.P. Authorized By: Signature on File Name: Dudley McClellan Title: Commercial Counsel, Dell Legal Date: December 15.2017 The State of' Texas, acting by and through the Department of Information Resources Authorized By:. Signature on File Name: Hershel Becker Title: Chief Procurement Officer Date: December 18, 2017 Office of General Counsel: DB 12/15/2017 Date Initials Page 31 of31 AmendmentNumber7 Contract Number DIR-TSO-3763 to between and Dell Marketing L.P. State of Texas, acting by and through the Department of Information Resources This Amendment Number 7 to Contract Number DIR-TSO-3763 ("Contract") is between the Department of Information Resources (hereinafter "DIR") and Dell Marketing L.P. (hereinafter Vendor"). DIR and Vendor agree to modify the terms and conditions of the Contract as follows: 1. Contract, Section 2. Term of Contract is hereby amended as follows: DIR and Vendor hereby agree to extend the term of the Contract for 125 days through April 9, 2025, or until terminated pursuant to the termination clauses contained in the Contract. All other terms and conditions of the Contract, not expressly amended herein, shall remain in full force and effect. In the event of conflict among the provisions, the order of precedence shall be this Amendment Number 7, and then Amendment Number 6, and then Amendment Number 5, and then Amendment Number 4, and then Amendment Number 3, and then Amendment Number 2, and then Amendment Number 1, and then the Contract. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Amendment7 Contract DIR-TSO-3763 rev.05/2024 Page 1 IN WITNESS WHEREOF, the parties hereby execute this amendment to be effective as of the date of the last signature, but in all events, no later than 12/05/2024. Dell Marketing L.P. Authorized By: Signature on File Katherine Castillo Name: Title: ParaLegal Advisor 11/27/2024 I 4:57 PM CST Date: The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Lisa Massock Title: Chief Procurement Officer 12/2/2024 1 11:35 AM CST Date: 12/2/2024 1 8:41 AM CST Office of General Counsel: Initials on File Amendment7 Contract DIR-TSO-3763 rev.05/2024 Page 2 AGENDA REQUEST vpa ORDINANCE RESOLUTION 26 NO: 2024- CAPTION: APPROVE AGREEMENT WITH JTR CONSTRUCTORS, INC. FOR THE VINCE BAYOU WWTP BAR SCREENS IMPROVEMENT (CIP # WW068) FOR A TOTAL APPROPRIATION OF $3,021,060.00 TO BE FUNDED FROM THE SYSTEM FUND RETAINED EARNINGS & THE 2019 CDBG-DR. RECOMMENDATIONS & JUSTIFICATION: STAFF RECOMMENDS AWARD TO THE LOWEST RESPONSIBDE BIDDER. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) COUNCIL DISTRICT(S) AFFECTED: A, B, C,DE BUDGETED: REQUIRES APPROPRIATION: / See attached Certification RasHunke Robin S. Green, Jr. DATE:12/2/2024 REQUESTING PARTY (TYPED) Shulot BUDGET DEPARTMENT COUNCIL ACTION FIRST READING: FINAL READING: MOTION MOTION PURCHASING DEPARTMENT APPROVED: CITY MAYOR SECOND SECOND DATE DEFERRED: DATE OAuhe CITY OFPASADENA CERTIFICATION OF FUNDS DATE: December 2,2024 AMOUNT: $2,877,200.00 DEPARTMENT NO: 14100 ACCOUNT NO.003-35101, 101-33180, & 390WW068-7998 TASKNO. CIP NO. WW068 Contractors, Inc. PROJECT DESCRIPTION: Award Vince Bayou WWTP Bar Screens Improvement to. JTR 101-33180 $ 927,000.00 003-35101 $ 879,300.00 390WW068-7998 $1,070,900.00 $2.877,200.00 Contract Amount $3,021,060.00 Total Appropriation 003-35101 $ 143,860.00 5% Contingency 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 isn not appropriated for any other purpose. Ao22 DA2 Robert Chambers Interim City Controller ORDINANCE NO. 2024- An Ordinance authorizing and approving a contract by and between the City of Pasadena, Texas and JTR Constructors, Inc. for the Vince Bayou WWTP Bar Screens Improvement Project (CIP #Ww068); for a - total appropriation of Three Million Twenty-one Thousand Sixty and No/100 $3,021,060.00) Dollars to be funded from the System Fund Retained Earnings and the 2019 CDBG-DR. WHEREAS, JTR Constructors, Inc. submitted the lowest responsible bid meeting all specifications received November 18, 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 appropriated 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 JTR Constructors, Inc. for the Vince Bayou WWTP Bar Screens Improvement Project (CIP #WW068) in the amount of Two Million Eight Hundred seventy-seven Thousand Two Hundred and No/100 with 58 contingency in the amount of One Hundred Forty-three Thousand Eight Hundred Sixty and No/100 for a total appropriation of Three Million Twenty- one Thousand Sixty and No/100 $3,021,060.00) Dollars, is hereby KPubwk. VBWWTP-BarscreerensimprovciPAw068_JTRCONSE authorized and approved. 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 from Account Nos. 101-33180 ($927,000.00), 003-35101 9879,300.00), 390WW068-7998 $1,070,900.00) and 003-35101 ($143,860.00) in the total amount of Three Million Twenty-one Thousand Sixty and No/100 $3,021,060.00) Dollars, for payment to JTR Constructors, Inc. for the Vince Bayou WWTP Bar Screens Improvement Project (CIP #WW068), 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 4. 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. 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 KPuDWK.VBHTP-BarserensimprouciPiAO68,JTACONSE 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) KPUbR.VBMHTP-BarserensimproucIP"HA068.J7AConst 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 KPubWK.VBWWTP-BarscreensinprovCIPAMwO68_JTRConst 13 HRGreen December 3, 2024 Mr. Mark Gardemal, PE Deputy Director of Public Works City of Pasadena Engineering! Department 1149 Ellsworth Dr, 5th Floor Pasadena, Texas 77506 Re: Vince Bayou WWTP Screens Improvements; CIP# WW068 Recommendation of Award Dear Mr. Gardemal and Mr. Chavez, is attached for your review. The City of Pasadena (City) received bids for construction of the referenced project on Monday, November 18, 2024, at4 4:00 pm. Four (4) Contractors submitted bid proposals for the work and at tabulation of the bids The four (4) proposals are summarized as follows: Contractor Peltier Brothers Construction, LLC IECONI JTR Constructors, Inc. Doughtie Construction Co., Inc. Total Bid $3,146,400.00 $2,801,013.14 $2,877,200.00 $2,995,415.00 Engineer's Opinion of Probable Construction Cost (EOPCC): $1,611,150.00 (March 2023)* *The original EOPCC was developed during the design phase completed in March 2022, based on the assumption that construction would be carried out byt the City's existing' WWTP operator under the Operations and Maintenance Contract. In March 2023, the EOPCC was updated with at flat 15% cost escalation andi is noted as the EOPCC for this letter. Due to funding availability, the project timeline was delayed (with bidding completed in November 2024). The project is partially funded through at federal grant (General Land Office CDBG-DR), and adjustments to construction sequencing, particularly regarding bypassing operations, were incorporated as an addendum following directives from WWTP These factors, along with material price increases, may contribute to the observed cost escalation. The four (4) bids received for the project that are within a 12% range, indicating that rebidding the project is unlikely toy yield lower prices unless significant scope changes are made (e.g., through value engineering). Therefore, HR Green does not recommend rebidding the project at this time. After reviewing the proposals, no mathematical errors were found in any of the four bids. IECONI, Inc. (IECONI) submitted the lowest bid at $2,801,013.14, followed by. JTR Constructors, Inc. (JTR) with the HR Green contacted the apparent lowest bidder, IECONI, and spoke with Raghu lyer (CEO), as well as the second-lowest bidder, JTR, and spoke with Tony Gonzalez (President), to review the bids and confirm that all items int the contract documents were addressed. Thet following summarizes HR Green's conversations operations. second-lowest bid. The average of the three lowest bids is $2,846,259,47. HRGreen.com Phone 713.965.9996 Fax. 713.965.0044 Toll Free 800.593.2339 11011 Richmond Avenue, Suite 375. Houston. Texas 77042 13 HRGreen with the contractors: IECON!: 1. IECONI will have one subcontractor- - Medcalf/Vision Equipment to perform grating work. 2. IECONI will provide screens and washer compactor from Duperon/Vision Equipment, FRP grating from Medcalf/Vision Equipment, and slide gates from Waterman/Newmann Regency. IECONI did not have firm lead time from slide gate manufacturer. They confirmed they can meet the schedule, provided their suppliers adhere to lead times. They mentioned potential supply chain issues may arise due to the presidential change, though the specifics are currently unknown to them. IECONI was okay with the anticipated notice to proceed in January-February of 2025. 3. IECONI noted they are familiar with project front-end and contractual requirements and has no 4. IECONI suggested alternative equipment supplier and construction means to meet project schedules. HR Green noted the equipment supplier and alternative means would have to meet 5. IECONI did not have anyi issues with project scope and contractual requirements. 1. JTR will have one subcontractor - Boyer to perform electrical work issues with GLO-CDBG requirements. project specifications. JTR: 2. JTRI will provide screens and washer compactor from Duperon/Vision Equipment, FRP grating from MedcalflVision Equipment, and slide gates from Fontain Aquanox/E12. JTR confirmed no issues with equipment lead times and will meet project schedules with the anticipated notice to 3. JTR noted they have attended the pre-bid meetings and discussed WWTP operations with Inframark to plan the construction sequencing to limit bypassing unscreened wastewater 4. JTR noted they are familiar with project front-end and contractual requirements and noted no 5. JTR did not mention any variance or deviation to contract documents, including no proposed equipment supplier or means alternative requiring additional engineering review.. As the City may consider factors other than pricing in making a contract award, HR Green also offers the IECONI has worked on two (2) projects for the City of Lake Jackson with HR Green as the Engineer of Record. HR Green notes that the first project (Water Plant - Chemical Feed Improvements), required substantial completion in180 working days, and as of the date of this letter, work progress is now -11 months behind the substantial completion deadline. The second project, which is ata a WWTP Headworks similar to this project, is 6 months past final completion date (for a 365-day contract), while ECONI has completed only 30% of the work per the latest pay application. The schedule delays were due to many JTRI has completed project work for the City of Pasadena with HR Green as the Engineer of Record at the' Vince Bayou' WWTP and as such, both have familiarity with JTR's reputation and performance. JTR has completed worki in accordance with project specifications for the Vince Bayou UVI Disinfection Project. Based on discussions with Tony, JTR demonstrates a strong understanding of the proposed screens project. JTR's bidi is approximately: 2.65% higher than the lowest bid from IECONI. proceed in. January-February 2025. downstream of the headworks. issues with GLO-CDBG requirements. following information: reasons within control oft the Contractor. HRGreen.com Phone 713.965.9996 Fax 713.965.0044 ToilF Fi9e800.593.2339 11011 RichmondAvenue. Suite 375, Houston, Texas 77042 33 HRGreen Inr recognition that conformance to schedule is critical consideration fort the City of Pasadena on this project, HR Green believes JTR offers the best value for the City of Pasadena. Therefore, in accordance with Section B - Instruction tol Bidders, paragraph' "AWARD TO CONTRACTOR," HR Green recommends awarding the contract to. JTR Constructors, Inc. for their Base Bid of2,877,200.00, contingent upon the City's favorable review of the pre-qualification documents and legal review of the proposal. Should you have any questions or need additional information, please contact me at713.338.8015. Sincerely, HR GREEN, INC. aapael Mike Halde, PE Principal Enclosure CC: Michelle Wilson, City of Pasadena Ana Espinoza, City of Pasadena Keval Satra, HR Green HRGreen.com Phone 713.965.9996 Fax 713.965.0044 Toll Free 800.593.2339 11011 Richmond Avenue. Suite: 375, Houston. Txas77042 9 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 JTRC CONSTRUCTORS.INC: Hereinafter called the CONTRACTOR, and referred to in the masculine pronoun singular whether aj person, firm or corporation. WITNESSETH: 1. The Contractor agrees at his own cost to furnish all tools, labor, material, machinery and appliançes 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 City, the permanent improvement of: PROJECT NAME: VINCE BAYOU WWTP SCREENS IMPROVMENTS CIP #WW068 CONTRACT AMOUNT: $2,877,200.00 CALENDAR DAYS: 365 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 aj part ofthis contract. Time is of the essence of this contract, and the Contractor expressly stipulates that he understands that it isi 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 ofs 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, oras 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 time in strict accordance with the plans and specifications, the City may recover such Contractor's agreement with such parties. Section D EXAREH"A" 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 tol have made an 3. The said prime contraçtor, before beginning the work, shall execute to the City: (I)ap performance bond ift the contract isi in excess of$100,000.00 election by proceeding to enforce any one remedy. a. solely for the protection oft the City; b. int the amount of the contract; and C. 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 contraçtor or a subcontractor to plans, specifications, and contract documents. (2)apayment bond ift the contract is in excess of$25,000.00 supply public work, labor or material; and b. int 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 ofthe 56h Legislature, Regular Session, 1959 (Article 7.19-1, Vemon'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, oft 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 Insurançe Coverage. A. Definitions: Certificate of coverage ("certificate")- A copy ofa certificate ofi insurance, a certificate of authority to self-insure issued by the division, or a coverage agreement (DWC Form-81, DWC Form-82, DWC: Form-83, or DWC. Form- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on aj 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/person's 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 oft the services the contractor has undertaken to perform on thej project, regardless ofv whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing accepted by the governmental entity. Section D 2of11 companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to aj project. "Services" does noti include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shallj provide coverage, based on proper reporting of classification codes and payroll amounts and filing ofany coverage agreements, which meets the statutory requirements ofTexas Labor Code, Section 401.011(44): for all employees oft the contractor C. The contractor must provide a certificate of coverage to the governmental entity prior to D. Ifthe 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 ai new certificate of coverage with the governmental entity showing that coverage has E. The contractor. shall obtain from each person providing services on aj project, providing services on the project, for the duration of the project being awarded the contraçt. 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 services 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 ofc coverage ends during the duration oft the project. F. The contractor shall retain all required certifiçates of coverage for the duration ofthe G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contraçtor knew or should have known, of any change that materially affects the provision of coverage ofany 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, for the duration oft 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 oft the person providing services on the project, for the duration oft 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 oft the coverage period, ift the coverage period shown on the current certificate (5) retain all required certifiçates 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 7) 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 ofcoverage ends during the duration oft the project; and for one year thereafter; the project; and person for whom they are providing services. J.By signing this contract or providing or causing to be provided a certifiçate 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 ofa 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 oft these provisions is a breach of contract 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 ofbreach from the governmental entity. Worker's Compensation and] Employer'sLiability 1. State 2. Applicable Federal 3. Employer's Liability Comprehensive General Liability 1. Bodily Injury each occurrence 2. General Aggregate Section D Statutory Statutory $ 5 500,000.00 $1,000,000.00 $1,000,000.00 4of11 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 - 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 ofinsurance is to be provided to the City ofPasadena prior to the beginning of construction. The said Contractor further agrees to comply with all the ordinances and regulations ofsaid City relating to the manner in which excavations or other work are to bej 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 ordinançes of the City or laws ofthe 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 cançel or suspend the operation of all or any part of the contract and of the work hereunder, ori it may, ini its discretion, after such notice, purchase any or all oft the material without suspending the contract. Upon suspension ofa 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 material or perform such work at the expense oft the Contractor and his sureties, who shall be Section D 5of11 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 it is 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 contraçt or by the Contractor's bonds. Itis expressly agreed by the Contractor and his surety that they and each oft them will be fully and completely bound by each and every decision of the City or the Director in all matters pertaining to this contraçt unless the Contractor or his surety shall prove by clear, convincing and unmistakable proofthat such decision is arbitrary and not grounded upon any evidence of fact reasonably calculated to support such decision. It 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 NEGLIGENCE OF: (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, ITISTHE ENPRESSEDINTENTION OF BOTH' THE CITYA 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 UNMIIXED WITH THE FAULT OF THE CONTRACTOR OR. ANY OF ITS 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 including 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 ofs such improvements; all payments to be made by the City to 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 contraçted 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 ofs 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; provided that nothing herein shall affect the right of the Contractor as against such third completed. Section D 7of11 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 of method of performance, 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 oft this agreement. 10. Iti is 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, nort 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 ofHouston 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 oft 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 ofthis contraçt or failure oft the Contractor to comply strictly with each and all the terms and provisions of this contraçt and of the plans, specifications and drawings made a part hereofa and no act or omission on the part oft the City or of the Director or ofany 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 shall be binding upon the City unless the same is in writing and is expressly authorized by an Ordinance of the City Council. Section D 8of11 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 ofany 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 America as part ofs said grant. 12. The plans, profiles, specifications, notice to bidders and the Contractor's bid proposal on file in the office of the Director or City Secretary are here referred to and made part oft this contract. Copies oft the notice to bidders and Contractor's bid proposal and copies of the 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, CITY OF PASADENA "General Conditions". (b) Conflict ofl Interest Questionnaire. (c). All of those specifications and drawings, which are referred to in 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 subsurface 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 andl he: assumes full responsibility therefore. 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 Section D 9of1l "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 ift 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 10of11 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 to be signed this countersigned by the City Controller. CITY OF PASADENA day of ATTEST: MAYOR CITY SECRETARY COUNTERSIGNED: CITY CONTROLLER CONTRACTOR BY APPROVED AS TOI FORM: CITY ATTORNEY APPROVED: ATTEST AND SEAL DIRECTOR OF PUBLIC WORKS CONTRACTOR SECRETARY Section D 11of11 GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION 1. Contract and Contract Documents a. The Addenda, hereinafter shall form part of this contract and the provisions thereof shall be as binding upon the parties hereto as ift they were herein fully set forth. b. Non-compliance with any of the regulations or their related and amended acts shall be deemed sufficient grounds for withholding payments. 2. Section 3 Clause a. The work tol be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12U U.S.C. 170lu (Section 3).The purpose of Section 3ist to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing, with preference for both targeted workers living in the service area or neighborhood of the Development and YouthBuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations"). b. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. Ase evidenced by their execution oft this contract, the parties to this contract certify that they are under no contractual or other impediment that would The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, anotice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of24CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4111(k)) must provide preferences in prevent them from complying with the Part 75 regulations. Part 75. contractor's obligations under 24 CFR Part 75. assisted contracts. Section D Contract Conditions 1of11 Updated 10/2024 employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirement of Section 3. 3. Copeland "Anti-Kickback", Act a. The contractor agrees to comply with the regulations set forth in the Copeland "Anti- Kickback" Act which precludes ac contractor or subcontractor from in any way inducing an employee to give up any part of the compensation to which he or she is entitled under his or her contract ofe employment. The Act and implementing regulations require a contractor and subcontractor to submit a weekly statement of the wages paid to each employee performing on covered work during the preceding payroll period. The regulations also list payroll deductions that are permissible without the approval of the Secretary of Labor and those deductions that require consent oft the Secretary of Labor (29 CFR Part 3) 4. Davis-Bacon Act a. The contractor agrees to comply with the regulations set forth in the Davis-Bacon Act requiring that all contractors and subcontractors performing on federal contracts (and contractors or subcontractors performing on federally assisted contracts under the related Acts) in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits listed in the contract's Davis-Bacon wage determination for corresponding classes of laborers and mechanics employed on similar projects in the area. Davis-Bacon labor standards clauses must be included in covered contracts. (40 U.S.C. $276a). 5. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act a. The contractor agrees to comply with the regulations set forth in Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708, 29 CFR5.8(a) and 29 CFR 5.5 (b)(2)). 6. Reporting Requirements a. The contractor acknowledges receipt of the following HUD requirements and regulations pertaining to reporting: The CONTRACTOR shall submit the Section 31 Monthly Progress Report to the City by the 10h day of the month following the end oft the month. 7. Patent rights requirements and regulations a. The contractor agrees to comply with the requirements and regulations pertaining to patent rights with respect to any discovery ori invention which arises or is developed in the course of or under this contract, pursuant to 48 CFR Subpart 27.3. 8. Copyrights and rights in data requirements and regulations a. The contractor agrees to comply with the requirements and regulations pertaining to copyrights and rights in data, pursuant to 48 CFR Subpart 27.4. Section D- Contract Conditions 2of11 Updated 10/2024 9. Access to Information a. (a)The U.S. Department of Housing and Urban Development (HUD), Inspectors General, the Comptroller General of the United States, the General Land Office (GLO), Communit Development Office, and the City/County, or any of their authorized representatives, shall have access to any documents, papers, or other records of the Contractor which are pertinent to the CDBG-DR award, in order to make audits, examinations, excerpts, and transcripts, and to closeout the City's/County's CDBG-DR contract with GLO. 2 CFR The Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, or any authorized representative of b. Contractor shall include the substance oft this clause in all subcontracts it awards. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. d. The contractor 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 200.336 (former 24 CFR 85.36()(10)) the U.S. Government shall also have this right of inspection, contract. 10. Record Retention a. The contractor shall retain all required records for three years after the City makes final payments and all other pending matters are closed in accordance with 2 CFR 200.333 b. Contractor shall include the substance oft this clause in all subcontracts it awards. 11. Clean Air Act,Clean Water Act, Executive Order 11738. and Environmental Protection Agency (former 24 CFR (85.36(1)(11). Regulations a. The contractor agrees to comply with the regulations set forth in the Clean Air Act, as amended (42 U.S.C. $1857 et seq.), particularly section 306 of the Act. b. The contractor agrees to comply with the regulations set forth in the Federal Water Pollution Control Act (Clean Water Act) (33 U.S.C. $1251 et seq.), particularly section The contractor agrees to comply with Executive Order 11738, which provides for administration of the Clean Air Act and the Federal Water Pollution Control Act with d. The contractora agrees to comply with all applicable standards, orders, and requirements: set 508 of the. Act respect to Federal Contracts, Grants, or Loans. forth in the Environment Protection Agency regulations (40 CFR). 12. Energy Policy and Conservation Act a. The contractor agrees to 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 (42U.S.C. $6201) 13. Age Discrimination Act of 1975 a. The contractor agrees to comply with the requirements and regulations pertaining to the Age Discrimination Act of 1975 as set forth in 42 U.S.C. Sections 6101-6107. Section D- Contract Conditions 3of11 Updated 10/2024 b. Section 6101. Statement of purpose- It is the purpose of this chapter to prohibit discrimination on the basis of age in programs or activities receiving Federal financial . Section 6102. Prohibition of discrimination- Pursuant to regulations prescribed under section 6103 of this title, and except as provided by section 6103(b) of this title and section 6103(c) of this title, no person in the United States shall, on the basis of age, be excluded from participation, in be denied the benefits of, or be subjected to discrimination under, assistance. any program or activity receiving Federal financial assistance. 14. Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) a. The contractor agrees to comply with the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) which requires covered federal government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the Act and prohibits discrimination against such veterans. In addition, VEVRAA requires contractors and subcontractors to list their employment openings with the appropriate employment service delivery system, and that covered veterans receive priority in referral to such openings. Further, VEVRAA requires federal contractors and subcontractors to compile and submit annually a report on the number of current employees who are covered veterans. The affirmative action and mandatory, job-listing provisions of VEVRAA are enforced by the Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor (DOL). DOL's Veterans' Employment and Training Service (VETS) administers the veterans' employment reporting requirement. 15. Executive Order 11246: Equal Employment Opportunity a. The contractor agrees to comply with Executive Order 11246 and agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or ini. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, an notice, to be provided' by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of The provisions of Executive Order 11246 of Sept. 24, 1965, appear at 30 FR 12319, 12935,3CFR, 1964 1965 Comp., p. 339, unless otherwise noted. provisions of this nondiscrimination clause. national origin. 16. Title VI and Race. Color and National Origin Discrimination Section D Contract Conditions 4of11 Updated 10/2024 a. The contractor agrees to comply with Title VI of the Civil Rights Act of 1964 which protects people from discrimination based on race, color or national origin inj programs or No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. activities that receive Federal financial assistance. Title VI states that: 17. Non-Segregated Facilities The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees any segregated facilities at any of! his establishments, or permit his employees toj perform their services at any location, under his control, where: segregated facilities are maintained. Asused int this paragraph the term' "segregatedi facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. 18. Section 109 of the Housing and Community Development (HCD)Actof1974 a. Contractor agrees to comply with Section 109 of the Housing and Community Development (HCD). Act of 1974 which requires that no person in the United States shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Federal Financial assistance, on the grounds ofr race, color, national origin, religion, or sex. 19. Small and Minority Businesses/Women'sl Business Enterprise/Labor Surplus Firms (200.321) a. Contractor 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 subcontractors are needed. The affirmative steps tol be used include but are not limited to: Placing qualified small and minority businesses and women's business enterprises ii. Assuring that small and minority businesses, and women's business enterprises are iri. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency ons solicitation lists; solicited whenever they are potential sources; women's business enterprises; and oft the Department of Commerce. 20. Byrd Anti-Lobbying Amendment,: 31U.S.C. 81 1352 (as amended) a. Contractors who apply or bid for an award of $100,000 or more shall file the required Section D Contract Conditions 5of11 Updated 10/2024 certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. $ 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 21. Infrastructure Investment and Jobs Act (IIJA) Pub. L. No 117-58 including Build America, Buy Contractors are hereby notified that best efforts must be made to purchase materials made in America for use in projects totaling $250,000 or more for expenditures as it relates to construction, alteration, maintenance, and repair to buildings and real property; utilities; water systems (drinking water and wastewater); electriçal transmission facilities and systems; The BABA Act shall not be: applicable to projects funded through the following programs: America Pub. LI No.1 117-58 88 70901-52. broadband infrastructure; and transportation infrastructure. CDBG-MIT CDBG-CV CDBG-DR Per the Build America, Buy America Act, best efforts must be made to adhere to the following: (I) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of (2) all manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured int the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law (3) all construction materials are manufactured int the United States-this means that all manufacturing processes for the construction material occurred in the United States The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of thei infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or The contractor must immediately notify the City if these requirements cannot be met, and must be documented with support.( (i.e. Unavailability of materials, unreasonable costs should the costsi increase coatings, occurred in the United States; or regulation; and 44 permanently affixed to the infrastructure project. Section D - Contract Conditions 6of11 Updated 10/2024 the overall project by more than 25 percent.) APPENDIX A, 44C.F.R. PART 18- CERTIFICATION REGARDINGI LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractor) certifies, to the best of his or her knowledge, that: I. Nol Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, toany person fori influencing or attempting toinfluence: an officer or employee of an agency,aN Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. 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 ofal Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with itsi instructions. 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 toad civil penalty accordingly. of not less than $10,000 and not more than $100,0001 for each such failure. The Contractor,, certifies or affirms the truthfulness and accuracy ofe each statement ofi its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. $ 3801 et seq-, apply to this certification and disclosure, ifa any. Signature of Contractor's Authorized Official Name and Title of Contractor's. Authorized Official Date: 22. Procurement of Recovered Materials. a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be i. Competitively within a timeframe providing for compliance with the contract acquired- performance schedule; iii. Atai reasonable price. at EPA's ii. Meeting contract performance requirements; or b. Information about this requirement, along with the list ofEPA-designatedi items, is available MupshsawcpasmkamunAsNsEauélir-sPempso Comprehensive Procurement Guidelines web site, Section D - Contract Conditions 7of11 Updated 10/2024 23. Domestic Preference Clause (for all contracts executed after November 2020) a. As appropriate and to the extent consistent with law, Contractor should, to the greatest extent practicable, 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, i. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of ii. "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 concrete; glass, aluminum, steel, cement, and other manufactured products). b. For purposes of section (a) above: coatings, occurred in the United States. including optical fiber; and lumber. 24. Changes a. Prices for all goods and/or services shall be firm for the duration of this contract. No price changes, additions, or subsequent qualifications will be honored during the course of the contract. 25. DHS Seal, Logo,and Flags. a. The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 26. Compliance with Federal Law, Regulations, and Executive Orders. a. This is an acknowledgement that HUD financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, HUD policies, procedures, and directives. 27. No Obligation by Federal Government. a. Thel Federal Government is not aj party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 28. Program Fraud and False or Fraudulent Statements or Related Acts. a. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 29. Remedies for] Breach of Contract/Resolution of] Program Non-Compliansels50.000/Resolution In the event of any dispute, claim, question, or disagreement arising from or relating to this Contract, or the breach thereof, including determination of responsibility for any costs disallowed as ar result of non-compliance with federal, state or CDBG-DR program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. Tot this effect, the parties shall consult and negotiate with each other in good faith within 30 days of of Program Non-Compliance and Disallowed Costs Section D Contract Conditions 8of11 Updated 10/2024 receipt of a written notice oft the dispute or invitation to negotiate, and attempt to reach aj just and equitable solution satisfactory to both parties. Ifthe matter is not resolved by negotiation within 30 days of receipt of written notice or invitation to negotiate, the parties agree first tot try in good faitht tos settle the matter by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The parties may enter into a written amendment to this Contract and choose a mediatorthat is not affiliated with the American Arbitration Association. The parties shall bear the costs of such mediation equally. [This section may also provide for the qualifications of the mediator(s), the locale of meetings, time limits, or any other item of concern to thej parties.) Ift the matter is not resolved through such mediation within 60 days of the initiation oft that procedure, either party may proceed to file suit. 30. Suspension. and Debarment a. This contract isa ac covered transaction for purposes of2C.F.R. pt. 180 and 2C.F.R. pt.3000. Ass such the contractori is required to verify that none of the contractor, its principals (defined at2C.F.R.S $ 180.995), or its affiliates (defined at 2C.F.R. $ 180.905) are excluded (defined b. The contractor must comply with 2C.F.R. pt. 180, subpart C: and 2C.F.R. pt. 3000, subpart Candi must include a requirement to comply with these regulations in any lower tier covered This certification is a material representation off fact relied upon by the City of Pasadena. If itisl later determined that the contractor did not comply with2C.F.R. pt. 180, subpart C: and 2C.F.R. pt. 3000, subpart C, in addition to remedies available to Texas Department of Emergency Management and the City of Pasadena, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. d. The contractor agrees to comply with the requirements of2C.F.R.pt. 180, subpart C: and2 C.F.R. pt. 3000, subpart C throughout the period of this contract. The contractor further agrees to include a provision requiring such compliance in its lower tier covered at2C.F.R. $ 180.940) or disqualified (defined at 2C.F.R. $ 180.935). transaction it enters into. transactions. 31. Cultural Resources Ina accordance with the National Historic Preservation Act and the Antiquities Code of Texas, the Contractor shall not remove or disturb, or cause or permit tol be remove or disturbed, any historical, archeological, architectural, or other cultural artifacts, relics, vestiges, remains, or objects or antiquity from the project site. In the event that such items are discovered on the project during construction activities, the Contractor shall immediately notify the Engineer. The site and the potentially significant material shall be protected by the Contractor from further disturbance until aprofessional examination of them can be made and/or until clearance toj proceed with construction has been provided by the Engineer. 32. No Boycott Israel As required by Chapter 2270, Government Code, CONTRACTOR hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes oft this verification, "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 Section D- Contract Conditions 9of11 Updated 10/2024 in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 33. Foreign Terrorist Organizations Pursuant to Chapter 2252,Texas Government Code, [Company) represents and certifiest that, at the time of execution of this Agreement neither [Company), nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same (i) engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) isa company listed by the Texas Comptroller of Public Accounts under Sections 806.051,8 807.051,or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas Government Code. 34. Hazardous and Petroleum Substances If during the course of construction, the Contractor discovers hazardous or petroleum substances or wastes on the project site, then the Contractor shall immediately cease work in the area and remove all personnel from the area. The contractor shall temporarily close the area to the public, as well; temporary fencing or caution tape shall be installed around the area. The Contractor. shall notify the Engineer immediately. Work in the area shall not be permitted until the Engineer has determined that safety and environmental issues have been properly addressed. 35. Termination of Agreement a. Automatic Termination - This agreement automatically terminates at the end of the agreement period, as specified with the calendar days listed int the agreement. b. Termination Without Cause - Either party may terminate this agreement at any time giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Any form of contract termination shall comply with 2 CFR 200.339 In the event of termination for convenience, the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to the termination, unless HUD has determined through monitoring and/or investigative practices, that the Contractor is not entitled to such With Cause - Owner may terminate this agreement for cause, in whole or inj part, ift the Contractor fails to comply with any term of this agreement, or with any of the rules, regulations or provisions referred to herein; and the Owner may declare the Contractor ineligible for any further participation in Owner CDBG projects, in addition to other Ina accordance with 2CFR 200.338, the Owner may suspend or terminate this agreement if the Contractor materially fails to comply with any terms of this agreement, which include i. Failure to comply with any of thei rules, regulations or provisions referredtoherein, ors such statutes, regulations, executive orders, and HUD guidelines, policies or ii. Failure, for any reason, of the Contractor to fulfill in a timely and proper manner iti. Submission byt the Contractor tot the Owner reports that are incorrect ori incomplete compensation. remedies as provided by law. (but are not limited to) the following: directives as may become applicable at any time; its obligations under this agreement; or in any material respect. Section D Contract Conditions 10of11 Updated 10/2024 In accordance with 2CFR 200.339, this agreement may also be terminated for convenience by either the Owner or the Contractor, in whole or inj part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, ifi in the case of a partial termination, the Owner determines that the remaining portion of the award will not accomplish the purpose for which the award d. Partial Terminations - Partial terminations of the Scope of Services may only be Breach of Agreement - Termination oft this agreement shall not relieve the Contractor of liability for any breach ofthis agreement that occurs prior to such termination or expiration. . Close Outs - The Contractor's obligation to the Owner shall not end until all closeout requirements described in 2CFR 200.343 are completed to the satisfaction of the Owner. was made, the Owner may terminate the award in its entirety. undertaken with the prior approval oft the Owner. Contractor Name/Business: Name Authorized Representative Name Date Authorized Representative Signature Section D Contract Conditions 11of11 Updated 10/2024 AGENDA REQUEST p- ORDINANCE RESOLUTION NO: 2024- 2H CAPTION: Request an ordinance to purchase ammunition and simunition for police training for the Pasadena Police Department from GT Distributors, RECOMMENDATIONS & JUSTIFICATION: The ammunition will be used for training to help officers with their duty weapons and improve proficiency in the critical task of handling and using firearms which includes weapons safety update and firearms training. The ammunition is also used for SWAT Training, Certification of Officers and In Service Schools held at the Police Range. The simunition being purchased has been mandated that all certified Peace Officers in the State of Texas attend ALERRT Active Shooter training. The ALERRT course focuses on Tactics and Techniques that are easily adapted to a variety of Active Attack situations and can be universally adapted to all law enforcement agencies therefore making a response by numerous agencies less chaotic due to similar training. This purchase will be made using the BuyBoard cooperative contract #698- 23, which was competitively bid and awarded according to State law. Staff recommends the purchase of the ammunition and simunition from GT P.O. Box 16080, Austin, TX 78767 Distributors. BUDGETED: K (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) REQUIRES APPROPRIATION: See attached Certification A COUNCIL ACTION Jerry Wright, Chief of Police REQUESTING PARTY (TYPED) DATE:. 11/14/2024 FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION HcWallow PURCHASING DEPARTMENT SECOND SECOND APPROVED: - DATE DEFERRED: DATE AAwr MAYQR/ CITY OFPASADENA CERTIFICATION OF FUNDS DATE: November 14.2024 AMOUNT:S230,488.00 DEPARTMENTNO:00210 ACCOUNTNO.7207 TASKNO. CIPNO. PROJECT DESCRIPTION: The ammunition and simunition being purchased will be used for training to helpofficers with duty weapons to improve proficiency in the critical task ofhandling and using firearms which includes weapons safety update and firearms skill training. Also, used for ALERRT training. 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 oft the above fund from which it is proposed to be drawn, and such money isi not appropriated for any other purpose. 2202 Robert Chambers Interim City Controller PASADENA POLICE DEPARTMENT Inter-Office Correspondence To: From: Sgt. M. Bruegger M. Huffman Date: 11-5-2024 Subject: 2024-2025 Ammunition Purchase Itis requested the below listed ammunition and Force on Force Marking rounds be purchased for the 2024-2025 budget year. The ammo is to be used for qualifications, in-service courses and Per Donna Grear, funding for the annual ammo purchase is approved and it is requested it be purchased from GT Distributors has they have the State Buy Board contract (698-23) for cadet training. ammunition. Attached is a quote for the purchase of the rounds and vendor information. GT Distributors-Austin 1124 New MeisterLn. Ste. 100 Pflugerville, TX 78660 (512)451-8298 Submitted by! Michael'Hu/nan Personnel & Training opi Approved MEBm St #nig w5/904 Formf # 176-G Revised: 10/26/09 ORDINANCE NO. 2024- An Ordinance authorizing and approving the purchase by the City of Pasadena, Texas of ammunition and simunition for police training for the Pasadena Police Department from GT Distributors, Inc. P.O. Box 16080, Austin, TX 78767 through Buyboard cooperative contract #698-23; and appropriating the amount of Two Hundred Thirty Thousand Four Hundred Eighty-eight Dollars and No/100 $230,488.00). WHEREAS, in the most recent Legislative updates, TCOLE has mandated that all certified Peace Officers in the State of Texas attend ALERRT Active Shooter Training; and WHEREAS, the ammunition will be used for training to help officers with their duty weapons and improve proficiency in the critical task of handling and using firearms which includes weapons safety update and firearms training; and WHEREAS, the ammunition is also used for SWAT Training, Certification of Officers and In Service Schools held at the Police Range; and WHEREAS, the ALERRT course focuses on tactics and techniques that are easily adapted to a variety of Active Attack situations and can be universally adapted to all law enforcement agencies, therefore making a response by numerous agencies less chaotic due to similar training; and WHEREAS, this purchase will be made using the Buyboard cooperative contract #698-23, which was competitively bid and awarded according to State law; and StPurch-KGTDist.Ammunitionssimunition24.doc 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 the City Council of the City of Pasadena, Texas hereby authorizes and approves the purchase by the City of Pasadena, Texas of ammunition and simunition for police training from GT Distributors, Inc. through Buyboard cooperative contract #698-23, as more fully described on the attached Exhibit "A". SECTION 3. That there is hereby appropriated out of Account No. 00210-7207 the amount of Two Hundred Thirty Thousand Four Hundred Eignty-eignt Dollars and No/100 $230,488.00); 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 StPurch-KGTDiSt.Ammumitionisimunition24.doc 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 confirms such written notice and the contents and posting thereof. (SIGNATURE AND APPROVAL - NEXT PAGE) StPurch-KGTDist.Ammunitionisimunition24.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 StPurch-KGYDist.Aamumitiontsimunition24.doc Quote QTE0199836 Date 11/5/2024 Page: 1 GT Distributors - Austin 1124 New Meister Ln., Ste 100 Pflugerville (512)451-8298 Ext. 0000 G16 TX 78660 Bill To: Ship To: Pasadena, City of 6060 Genoa Redbluff St. Attn: Scott Ragsdale PO# Pasadena TX 77507 Pasadena, City of (TX) Attn: Accounts Payable P.O. Box 672 Pasadena TX 77501 Purchase Order No. Customer ID AMMO QTE 11/2024 002571 Quantity Item Number 100.00 FC-AE9FP" Salesperson ID Shipping Method Payment Terms Reg Ship Date Master No. AP Description Federal Cartridge-9MM-147 Gr. FMJ 100,000 rounds 200,000 rounds Federal Cartridge 223 Rem. 55 Gr. Force On Force Ammo 5.56 Blue 50,000 rounds (100x 500rd cases) Force on Force Ammo 9mm Blue 50,000 rounds (100x 500rd cases) Notes: Quote valid for 30 days. Freight will vary with quantity changes. Quote number must be referenced on PO. Notes: Contact Name: Michael Huffman Phone number: 281.998.2981 Special Instructions: Liftgate? (Y/N) Quotation reflects BuyBoard Contract 698-23. Contract period 4/1/23-3/31/25. Email BuyBoard PO's toi info@buyboard.com FACTORY DIRECT NET15 0/0/0000 2,984,981 UOM Unit Price Ext. Price M M M CS CS EA $284.57 $28,457.00 $433.70 $86,740.00 $1,724.72 $43,118.00 $391.95 $39,195.00 $329.78 $32,978.00 200.00 HORNADY-81Z76-8X Homady AMMO 5.56 NATO 55G GRI FMJ TAPB 25.00 FC-LE223T1" 100.00 FOF-FF556B1 100.00 FOF-FF9B2" 1 NOTES: $0.00 $0.00 1 NOTES: EA $0.00 $0.00 1 NOTES: Notes: EA $0.00 $0.00 QUOTE IS GOOD FOR 30 DAYS. IN ORDER TO RECEIVE QUOTED PRICE PLEASE PRESENT A COPY OF QUOTE. ATI POINT OF SALE IN STORES OR REFERENCE QUOTE NUMBER ONI PO OR REQUISITION Thank you, Your Salesperson is Brent Russell Subtotal Misc Tax Freight Total $230,488.00 $0.00 $0.00 $0.00 $230,488.00 EXHIBIT"I" OMBI No. 1513-0128 (07/31/2017) DEPARTMENT OF THE TREASURY ALCOHOLANDTOBACCOTA. AND1 TRADE BUREAU EXEMPTION CERTIFICATE (USE BY STATE OR LOCAL GOVERNMENTS) (For use by State and local governments (section 4221(a)(4) of the Internal Revenue Code).) 11/5 (Month & Day) 20241 Ihereby certify that lam Sergeant (Title of Officer) of Pasadena Police Department (State or local government) that lam authorized to execute this certificate; and that (check applicable type ofd certificate): The article or articles specified in the accompanying order, or on the reverse side hereof, (or) All orders placed by the purchaser for the period commencing 11/05/2024 and ending (Date) (period not to exceed 12 calendar quarters) 11/05/2027 (Date) fort the are, or will be, purchased from exclusive use of of Federal Cartridge Company (Name of manulacturer) Pasadena Police Department (Governmental uni) City of Pasadena, Texas (State or local government) lunderstand that the exemption from taxi in the case of sales of articles under this exemption certificate to a State, etc., is limited to the sale of articles purchased fori its exclusive use'.lunderstand thati fraudulent use of this certificate for the purpose of securing this exemption will subject me and all parties making such fraudulent use of this certificate to all applicable criminal penalties under the Internal Revenue Code. SIGNATYRE H5 Bp ADDRESS PRINTEDNAME Mathew Brvegger Gos2 Genoa Red BIAE 2b Pasadena TX77507 As sale of an article to a State or local government for resale is not considered to be a sale for the "exclusive use" of the State or local government, within the meaning of section 4221(a)(4) of the code, and, therefore, such sales may not be made tax-free. Such sales may not be made tax-free eveni if the resales are made to government employees, or the article is an item of equipment the employee is required to possess in carrying out his duties. PAPERWORK REDUCTION ACTI NOTICE This request is ina accordance with the Paperwork Reduction. Act of 1995. Ins some cases, persons who sell firearms or ammunition tax- free use specific exemption certificates to support the tax-free sales. This form contains all required information for a properly executed certificate. This is being provided to promote uniformity among excise taxpayers and eliminate the needi for taxpayers to design their We estimate the average burden associated with this collection ofi information is 45 minutes per respondent or recordkeeper, depending ony your individual circumstances. Address your comments concerning the accuracy of this burden estimate and suggestions tor reduce this burden to: Reports Management Officer, Regulations and Rulings Division, Alcohol and Tobacco Taxa and Trade Bureau, TTBI may not conduct or sponsor and you are not required to respond to, a collection ofi information uniess it displays a current, valid own certificates. Thei information requested is required by Title 27, Code of Federal Regulations, Part5 53. 1310 G Street NW., Box 12, Washington, DC 20005. OMB control number. TTBF5 5600.35(10/2008) OMBI No. 1513-0128 (07/31/2017) DEPARTMENT OF THE TREASURY ALCOHOLANDTOBACCOTAXAND: TRADEI BUREAU EXEMPTION CERTIFICATE (USE BY STATE OR LOCAL GOVERNMENTS) (For use by State and local govemments (section 4221(a)(4) of the Internal Revenue Code).) 11/5 (Month & Day) 20241 Ihereby certify that! lam Gergeunt (Title of Officer) of Pasadena Police Department (State or local government) thatlama authorized to execute this certificate; and that (check applicable type of certificate): The article or articles specified in the accompanying order, or on the reverse side hereof, (or) All orders placed by the purchaser for the period commencing 11/05/2024 and ending (Date) (period not to exceed 12 calendar quarters) Hornady (Name ofl manulacturer) Pasadena Police Department (Governmental unit) City of Pasadena, Texas (State or localg government) 11/05/2027 (Date) fort the are, or will1 be, purchased from exclusive use of of lunderstand that the exemption from taxi in the case of sales of articles under this exemption certificate to a State, etc., is limited to the sale of articles purchased fori its exclusive use'. lunderstand that fraudulent use of this certificate for the purpose of securing this exemption will subject me and all parties making such fraudulent use of this certificate to all appliçable criminal penalties under the Internal Revenue Code. SIGNATYRE ADDRESS MB PRINTEDN NAME Malhew Brvegger G0s2 Genoa fed Bluff 2D Pasadena TX 77507 Asale of an article to a State or local government for resale is not considered to be a sale fort the' "exclusive use" of the State or local government, within the meaning of section 4221(a)(4) of the code, and, therefore, such sales may not be made tax-free. Such sales may not be made tax-free eveni ift the resales are made to government employees, or the article is an item of equipment the employee is required to possess in carrying out his duties. PAPERWORK REDUCTION ACT NOTICE This request is in accordance with thel Paperwork Reduction Act of 1995. In some cases, persons who sell firearms or ammunition tax- freeu use specific exemption certificates to support the tax-free sales. This form contains all required information for ap properly executed certificate. This is being provided top promote uniformity among excise taxpayers and eliminate the needf for taxpayers to design their We estimate the average burden associated with this collection of information is 45 minutes per respondent or recordkeeper, depending on youri individual circumstances. Address your comments concerning the accuracy of this burden estimate and suggestions to reduce this burden to: Reports Management Officer, Regulations and Rulings Division, Alcohol and Tobacco Tax and" Tradel Bureau, TTB may not conduct or sponsor and you are not required to respond to, a collection ofi information unless it displays a current, valid own certificates. The information requested is required by Title 27, Code of Federal Regulations, Part 53. 1310 G Street NW., Box 12, Washington, DC: 20005. OMB control number. TTB F 5600.35 (10/2008) 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 GT Distributors, Inc. of Texas (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 contracts between GT Distributors, Inc. and Buyboard cooperative contract #698-23, a copy of which is incorporated herein for all purposes and attached hereto as Exhibit "2", will be applicable to this project. II. GT Distributors will supply ammunition and simunition for police training as described in the Quote attached as Exhibit "1", in accordance with Buyboard cooperative contract #698-23. EXHIBIT "A" StPurch-KGTDist.Ammunitionssimunition24.doc III. The City will pay the total amount of Two Hundred Thirty Thousand Four Hundred Eighty-eight Dollars and No/100 $230,488.00) to GT Distributors, Inc. for the purchase of the ammunition and simunition for police training, in accordance with the specifications provided on Exhibit "1" and Buyboard cooperative contract #698-23. IV. If Contractor fails to perform any term of this contract, 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 complete of the required Form 1295, Certificate of Interested Parties, if applicable. StPurch-KGTDist.Ammunitionsimdoc 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: StPurch-KGTDist.Aamumitionssimunition24.doc ATTEST: GT DISTRIBUTORS, INC. SECRETARY PRESIDENT THE STATE OF TEXAS COUNTY OF TRAVIS S S This instrument was acknowledged before me on the day the of 2024 by of GT DISTRIBUTORS, INC., a corporation, on behalf of said corporation. NOTARY PUBLIC AND FOR THE STATE OF TEXAS Name: My Commission expires: StPurch-KGTDist.Ammunitionisimunition24.doc P.O. Box 400, Austin, Texas 78767 BuyBoard 800.695.2919 * infogbwyboard.com-buyboard.com February 11, 2024 Sent via email to: sales@gtdist.com DAVID CURTIS GT Distributors, Inc. 1124 New Meister Lane Pflugerville TX 78660-6937 Re: Public 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 disrenewingy your contract through All discounts, terms, and conditions of your contract will remain the same. Ifyou agree tot this renewal, there isn 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 Ify you have questions or comments concerning this renewal, please contact me as soon as possible at contractadmin@buyboard.com - We appreciate your interest in The Local Government Purchasing March 31, 2025. acamnAwcadc prior to the start oft the renewal term. or they may not be offered a contract renewal. Cooperative. Sincerely, Jim Tulberg Jim Tulberg Contract Administrator 1-renewalv02.132020 (ndonedoy TASAP HBIT "2" P.O. Box 400, Austin, Texas 78767 BuyBoard 800.695.2919 Info@buyboard.com-buyboard.çom February 7, 2023 Sent' Via Email: xbids@gtdist.com David Curtis GT Distributors, Inc. 1124 New Meister Ln., Ste 100 Pflugerville, TX78660 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 a BuyBoarde 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.puypoard.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 in the General Terms and The contract willl be 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 aj purchase order directly froma a Cooperative member that your have reasoni to believel 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 toy your participation in the program. Ify 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, Suyaclau Leigh Clover, Bid Analyst Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative v.02.01.2021 Endorsed by TASAP MME BuyBoard February 7,2023 Sent' Via Email: txbids@gtdist.com David Curtis GT Distributors, Inc. 1124 New Meister Ln., Ste 100 Pflugerville, TX7 78660 Welcome to BuyBoard! and Equipment PechusingCoopwraive Re: Notice ofNational 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 BuyBoard@ contract based on the above-referenced Proposal Invitation. The contract is effective for ani initial one-year term of April 1, 2023 through March3 31, 2024, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the 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.wpardcmpende. 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 as expressly authorized in writing by the Cooperative's: administrator, you are not authorized to process a purchase order received directly from a 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 youl have reason tol believe has not been received byt the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyboard.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 your may need as an awarded BuyBoard vendor. Ont behalf of the National Cooperative, we are looking forward to your participation in thep 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, SuyaChu 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 0068529P-pypardcm, BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 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 4:00PM 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 behalfof Proposer and, to the best ofy your knowledge, the Information, provided Is true, accurate, and complete. GTDISTRIBUTORS, INC. Name of Proposing Company 11/10/2022 Date 1124 NEW MEISTER LN., STE 100 DavidCutis Street Address Signature of Authorized Company Official DAVID CURTIS Printed Name of Authorized Company Official BIDS MANAGER PFLUGERVILLE, TX 78660 City, State, Zip 512-451-8298 Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 800-480-5845 Fax Number of Authorized Company Official 74-2339528 Federal ID Number Page 10of72 Proposal Forms COMM/SVCS v.08.11,2021 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 - PH: 800-695-2919" buyboard.com PROPOSAL FORMS PART1: COMPLIANCE FORMS INSTRUCTIONS: Proposer must review and complete all forms in this Proposal Forms Part 1: Proposal Acknowledgements Felony Conviction Disclosure Resident/Nonresident Certification Debarment Certification Vendor Employment Certification No Boycott Verification No Excluded Nation or Foreign Terrorist Organization Certification Historically Underutilized Business Certification Acknowledgement of BuyBoard Technical Requirements Construction-Related Goods and Services Affirmation Deviation and Compliance Vendor Consent for Name Brand Use comngentayPropnetaly Information EDGAR Vendor Certification Compliance Forms Signature Page An authorized representative of Proposer must initialin thel 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. You 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: DC Page 11 of72 Proposal Forms COMM/SVCSV v.08.11.2021 BuyBoard PURCHASINO COOPERATIVE 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 all awarded products or services at the pricing quoted and 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 ini 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 by the Cooperativeasap 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 thel 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 of a contract award, to: compared to similarly situated customers in similar circumstances; ofy your Contract; Information Act or similar public information law; representations and certifiçations required in the Requirements; information; and ora any other remedy or action provided for in the General Terms and Conditions or by 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 if the person or an owner or operator has been convicted of at felony. The notice must include a general description oft 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 (v)one of the following: My company is a publicly-held corporation. (Advance noticer requirement does not applyt to publicly-held corporation.) My company is not owned or operated by anyone who has been convicted ofa 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: DC Page 12of72 Proposal Forms COMM/SVCS v.08.11.2021 PURCHASING COOPERATIVE BuyBoard 12007 Research Boulevard Austin, Texas 78759-2439 * PH: 800-695-2919" buyboard.com RESIDENT/NONRESIDENT 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 (y) one of the following: Icertify that my company is al Resident Proposer. Icertify that my company is al Nonresident Proposer. If your company is a Nonresident Proposer, you must provide thei following information for your resident state (the state in which your company's principal place of business is located): Company Name City A. B. Address State 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 No What is the prescribed amount or percentage? $ 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 (ii) employs at least! 500 peoplei in Texas. Ifneither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check (y) one of the following: Yes No Initial: DC Page 13of72 ProposalF Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 * PH: 800-695-2919* buyboard.com No BOYCOTT VERIFICATION AT 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. GovT CODE Ch. 2271), (2) does not boycott energy companies and will not boycott energy companies during the term of the contract (TEX. Gov'T CODE Ch. 2274 effective September 1, 2021), and (3) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and willr not discriminate during thet term of the contract against at firearm entity or firearm trade association (TEX. Gov'T CODE Ch. 2274 effective September 1, 2021). Accordingly, this certification form isi 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 Israeli-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 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 by Paragraph (A). TEX. Gov'T 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 ai firearm entity or firearm trade association; (ii) 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: (i) 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 int 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. GoV'T 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. GOVTCODE $808.001(1). (effective September 1, 2021). 2021). accurate, and thatI am authorized by my company to make this certification. Initial: DC Page 14of72 Proposal Forms COMWISVCSV0112021 PURCHASING COOPERATIVE BuyBoard 12007 Research Boulevard * Austin, Texas 78759-2439 ' PH: 800-695-2919" buyboard.com Nol 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 acompany 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 excluded 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 thatIa am 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 in 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 (Va all that 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. ACKNOWLEDGEMENT OF BUYBOARD TECHNICAL REQUIREMENTS Vendor shall review the BuyBoard Technical Requirements included in this Proposal Invitation. By signature ont the Compliance Forms Signature Page, the undersigned affirms that Proposer has obtained a copy of the BuyBoard Technical Requirements, has read and understands the requirements, and certifies that Vendor is able to meet and will comply with those requirements except as follows: [List and explain BuyBoard Technical Requirements, if any, to which your company cannot or will not comply.) 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 ata 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 eventof default under the Contract. Initial: DC Page 15of72 Proposal Forms COMM/SVCS V,08.11.2021 BuyBoard PURCHASINO COOPERATIVE 12007 Research Boulevard" Austin, Texas 78759-2439 * PH: 800-695-2919" buyboard.com CONSTRUTON-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 wxboard.comendor/Resourcesaspk, 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 mayi involve or require architecture, engineering or independent testing services. A copy of 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 withi the Professional Services Procurement Act (Chapter 2254 of 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 a copy 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: DC Page 160f72 Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASINO COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com DEVIATION AND COMPLIANCE Ify your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST 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 in 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 if awarded 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 clarification 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 ()one oft the following: No; Deviations Yes; Deviations List and fully explain any deviations you are: submitting: Initial: DC Page 17of72 Proposal Forms COMMISVCSV08.11202 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 1 PH: 800-695-2919" buyboard.com VENDOR CONSENT FOR NAME BRAND USE BuyBoard members seeking to make purchases usinga 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 be posted ont 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 website if awarded a Contract. You 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 set forth in the BuyBoard Technical Requirements. Proposers are requested to submit this information with Vendor's Proposal. (This consent shall not authorize use of your company's Vendor Information by BuyBoard if your company is not awarded a Contract.) OPTOUT: Ify your 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. D 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's awarded products and services on the BuyBoard website. Initial: DC Page 18of72 Proposal Forms COMM/SVCS V.08.11,2021 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com CONFIDENTIAL/PROPRIETARYINFORMATION A.Public Disclosure Laws All Proposals, forms, documentation, catalogs, pricelists, or other materials submitted by Vendor to the Cooperative in response tot this Proposal Invitation, may bes subject tot the disclosure requirements oft the Texas PublicInformation Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly 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 a Proposal that Proposer has identified in this form as proprietary or confidential. contain information which Vendor considers proprietary or confidential? Please check (v)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 suchi information is specifically identified on this form. If your 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 thei information readily identifiable. The Cooperative and Cooperative administrator shall not be responsible for a Proposer's failure to cearly 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: (Attach additional. sheets ifneeded.) Initial: DC Page 19of72 ProposalF Forms COMM/SVCS v.08.11.2021 PURCHASINO COOPERATIVE BuyBoard 12007 Research Boulevard Austin, Texas 78759-2439 - PH: 800-695-2919" buyboard.com B.C Copyright Information contain copyright information? Please check(one of the 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 the 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 to Release Confidential/Proprietary/CopyrightInformation 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 in this Contgenta/ropnetaly 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 ofi information by BuyBoard members or any other party. D.Consent to Release Proposal Tabulation or non-award information. Initial: DC Page 20of72 Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 - PH: 800-695-2919" 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 ability to comply, where applicable, by having Vendor's authorized representative check the applicable boxes, initial each page, and sign the Compliance Forms. Signature Page. Ifyou fail 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 than the simplified acquisition threshold, whichi is the 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. 2. NO,Idonota agree. Termination for Cause or Convenience: For any Cooperative member purchase or contract in 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 Ifana alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it willl be effected and the basis for settlement, is 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,Ido not agree. Page 21 of72 Initial: DC 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 CFR 60-1.4(b), in 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 hereby 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 that it shall comply with such provision. YES,Iagree. NO,Id 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 shail comply with the Davis-Bacon Act(40 USC3141-3144, 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 Part 3, "Contractors and Subcontractors on Public Building or Public' Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that 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,Iagree. NO, I do 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 USC3702 of the Act, Vendor is required to compute the wages ofe every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in 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. ImaDC Page 22 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 6. Right to Inventions Made Under a Contract or Agreement: Ift 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 ther 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,Ido not agree. Clean Air Act and Federal Water Pollution Control Act: Clean Air A(42USC7401-76714) andt 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 applicable 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,Ido 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. 9. NO, Ic do not agree. 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, ora an employee ofa a member of Congress in connection with obtaining any Federal contract, grant or any other award covered' by: 31 USC: 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). YES,Iagree. NO,I do not agree. Page 23of72 Initial: DC Proposal Forms COMWSVCSV08.11202 PURCHASINO 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 oft the Environmental Protection Agency (EPA) at 40CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with 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 fiscaly year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. YES,Iagree. NO,Idon 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,Idor not agree. services under 2 CFR $200.216. YES,Iagree. NO, I do 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 tor 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,I do not agree. 14. General Compliance and Cooperation with Cooperative Members: Ina 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 toal particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. YES,Iagree. NO,I do not agree. InitaDC Page 24 of72 Proposal Forms COMWSVCSV,8112021 PURCHASING COOPERATIVE BuyBoard 12007 Research Boulevard Austin, Texas 78759-2439 * PH: 800-695-2919" . buyboard.com COMPLIANCE FORMS SIGNATURE PAGE By initialing pages and by signature below, I certify that I have reviewed the 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 Acknowiedgements Felony Conviction Disclosure Debarment Certification Resident/onresident 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 ConfidentayProprietaly Information EDGAR Vendor Certification GTD DISTRIBUTORS, INC. Company Name DavdCutis Signature of Authorized Company Official DAVID CURTIS, BIDS MANAGER Printed Name and Title 11/10/2022 Date Page 250 of72 Proposal Forms COMM/SVCS v.08.11,2021 BuyBoard PURCHASINO COOPERATIVE 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. As such, Vendor must be an (List the legal name oft the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may beA provided below. Ifyoua are submitting aj jointp proposal witha another entity toA provide the same proposed goods ors services, each: submitting entity should complete a separate vendor information form. Separately operating legal business entities, even ifa affiliated entities, which propose to provide goods or individual or legal business entity capable of entering into a binding contract. GTDISTRIBUTORS, INC. Name of Proposing Company: services separately must submit their own Proposals.) Please check(vone oft the following: Type of Business: Individual/Sole Proprietor Other (Specify: Corporation Limited Liability Company D Partnership TEXAS State of Incorporation (ifa applicable): Federal Employer Identification Number: 74-2339528 (Vendor must include a completed IRSW-9 form with their Proposal) Name by which Vendor, if awarded, wishes to bei identified on the BuyBoard: (Note: Ifdifferent than the Name ofA Proposing Company listeda above, only valid trade names (dba, aka, etc.)of the Proposing Company may be used andac copy of) your Assumed Name Certificate(s), if applicable, must be attached.) GTDSTRIBUTORS, INC. Page 26 of72 Proposal Forms COMWSVCSV08.12021 Request for Taxpayer Form W-9 (Rev, October 2018) Department oft theT Treasury Internal Revenue Service Give Form to the requester. Do not send to the IRS. Identification Number and Certification * Got to www.irs.gov/Formw9: fori instructions and thel latest information, 1 Namo (as shown ony youri income taxr return). Namel Is required onti thisl line; don notl leavet this linet blank. GTD Distributors, Inc. following seven boxes. single-member LLC 2E Business name/disregarded ontity name, ifc different froma above 3 Check appropriatel boxf fort federalt taxo classifllcation oft thep person whose name Is entered onl line1 1.Check only one oft the 4 Exemptions (codes apply onlyt to certain entilles, noti individuals; see instructions onp page 3): Exempt payee code (ifa any Individual/sole proprietoror E CCorporation sCorporation Partnership LimitedI liability company. Enter the lax classification (C-C corporation, S-S corporation, P-Partnership). Note: Check thea appropriatel boxi int thel line above for the! lax classificalion oft thes single- member owner. Don not check Exomption from FATCA reporting LLCH the LLCis classlfied asas single-member LLCI that! Is disregarded fromt thec owner unless thec owner of theLLCis code anolher LLCI thati isr noto disregarded from the owner fort U.S. federalt taxp purposes. Olherwise, as single- member LLC that (fa any) isc disregarded! from thec owner should check the appropriatel box fort the1 lax classification ofitso owner. Trust/estate Other (seei instruclions)! 5 Address (numbor, strool, and apl. ors suiler no.) Seei instructions. 1124 New Meister Ln., Suite 100 6 City, stale, andz ZIP code Pllugerville, TX 78660 7Lista account numbor(s) here (oplional) Applesn outside theUs) Requester's namoa anda addross (optional) Parti Taxpayer Identification Number (TIN) Enter your TiNint the appropriate box. Thel TINI providedr must match ther name given on! line 11 toa avoid Social security number backup withholding. Fori individuals, thisi is generally) your social security number (SSN). However, fora a resident alien, sole proprietor, or disregarded entity, seet thei instructions for Parti, later. For other entities, itis your employer identification number (EIN). Ify you dor not have a number, see How tos geta Note: Ift the accounti isi inr more than oner name, see thei instructions for line 1.Alsos see What Name and Employer identification number TIN, later. or Number To Give the Requester for guidelines onv whose number to enter. Part II Certification Under penaities of perjury, certifyt that: nol longer subjectt tot backup withholding; and 3.lama au.S. citizen or other U.S. person (defined below); and 1.T Ther number shown ont this formi isr my correct taxpayer identifiçation number (or am waiting for a number to bei issuedt tor me); and 2.lamr not: subject tob backup withholding! because: (a)! ame exempt from backup withholding, or (b) Ihave not been notified byt the Internal Revenue Service (IRS) that! am subject tob backup withholding as aresult ofaf failure tor report alli interest or dividends, or (c) the IRSI has notified met that lam Certification instructions. Your must cross outi ilem 2 abovei ify youl have been notifiedI byt thel IRS thaty you are currentlys subject tot backupy withholding because you havef failed tor report alli intorest and dividends ony your taxr retum. Forr reale estate transactions, item: 2 does nota apply. Fori mortgage interest paid, acquisition or abandonment of securedp properly, cancellation ofc debt, contributions toa ani individual retirement: arrangoment (RA), and generally, payments other thani interest and dividends.) oua arer notr requiredt tos signt thec certification, buty your must provide) your correct TIN. Seet thei instructions for Part I, later. 4.1 Thel FATCA code(s) entered ont this form (ifa any) indiçating that lame exempt from FATCAr reportingi is correct. Sign Signature Here U.S. General Instructions Date> 1/3/22 Form 1099-DIV (dividends, including those from stocks or mutual Form 1099-MISC (various typos ofi income, prizes, awards. or gross Form 1099-B (stock orr mutual fund sales and certain other Form 1099-S (proceeds from real estatet transactions) Form 1099-K (merchant carda and third partyr network transactions) Form 1098 (home mortgage interest), 1098-E (student loani interest), Form 1099-A (acquisition or abandonment ofs secured property) Use Form W-9 only ify you are al U.S. person (including ar resident lfyoud do not return Form W-9t to the requester with a TIN, your might bes subject tol backup withholding. Sec What is backup withholding, Zayle funds) proceeds) transactions by! brokers) 1098-T (tuition) Form 1099-C (canceled debt) alien), top providey your correct TIN. Section references aret tot the internal Revenue Code unless otherwise Future developmonts. For thel latesti information: about developments relatedt toF Form W-9 andi itsl Instructions, such as legislation enacted after they were published, got tos www.s.govFommwy. Ani individual ore entity (Form W-9 requester) whoi is required tof file an information return with the IRS must obtain your correct taxpayer identification number (FIN) which may bey your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer idenlificalion number (ATIN), or omployer identification number (EIN), tor report on ani information return the amount paidt toy you, or other amount reporlable on ani information retum. Examples ofi information returnsi include, but arer not limited to, the following. Form 1099-INT (interest earned or paid) noted. Purpose of Form later. Cat, No. 10231X Form W-9 (Rev. 10-2018) PURCHASING COOPERATIVE BuyBoard 12007 Research Boulevard * Austin, Texas 78759-2439 * 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 invoice contacts (or, Ifsubmitting a hard copy Proposal, timely request and complete the Vendor Contact Information form in accordance with the Instructions to Proposers). FEDERAL ANDSTATH/PURCMASING COOPERATIVE EXPERIENCE 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 07/01/2021 /06/30/2022 ). 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: $8,547,590.08 (The period of the 12-month and describe your own measure of the sales of the item(s). equivalent circumstances. as required. CURRENT FORMER VENDOR (Y/N)?- AWARDED COMMODITY CATEGORY(IES) VARIES VARIES PURCHASING GROUP VENDOR? (Y/N) Y Y IFYES, LIST YEARS AS VENDOR 1. Federal General Services Administration 2.T-PASS (State of Texas) 3. OMNIA Partners 4. Sourcewell (NJPA) 5.E E&I Cooperative 7.Choice Partners 9.0 Other 6.H Houston-Galveston Area Council (HGAC) 8.7 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 int this Proposal. Explain any difference between your CURRENT BUYBOARD VENDORS current and proposed discounts. Current Discount (%o): VARIES Proposed Discount (%): VARIES Explanation: Discounts are based on T&C, past competition, coop-specific special pricing, etc... Page 27of72 Proposal Forms COMM/SVCS V.08.11.2021 BuyBoard PURCHASING COOPERATIVE 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 Cooperativer may contact any and all references provided as part of thel 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/ Entity Name Contact Phone# Email Address Discount Volume STATE OF KANSAS/AMANDA CLAYTON/75-296-1171/AMANDA.CLAYTONON@KS.GOV/VARIES/VARIES GWINNETT COUNTY, GA/LINDSEY GRAVITT/770-822-870/LNDSEY.GRAVIT@GWNNETTCOUNTY.COMIVARIES/VARIES HUNTSVILLE, AL/AMANDA SANDERS/256-4275060/AMANDASANDERS@HUNTSVILLEALGOVIVARIES/VARIES TARRANT COUNTY, TX/RITA C. PAULEY/817-212.6829/RCPAULEY@TARRANTCOUNIY.COMIVARIES/VARIES LUBBOCK COUNTY, TX/MANDE REEVES/806-775-1017/MNREEVES@CO.LUBBOCKIXUS/VARIESIVARIES Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give 3. better discounts (lower pricing) than indicated? YES NO! L 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 280 of72 Proposal Forms COMM/SVCS V.08.11.2021 COMPANY PROFILE GTDistributors, Inc., is al Law Enforcement and Public Safety Distributor foundedi in 1972. Wei represent over 350 manufacturers in over 26 different categories. Wel have been servicing our customers for 50 years. We currently have five Retail locations available to our customers to visit and: shop daily from 8:30 A.M.-6:00 P.M. We can be availability outside of these hours at the customer's request anytime with a simple phone call. We are: serious about our business and our customer's needs and requests. Our physical locations and Our corporate office is locatedi in Pflugerville, TX. We are not limited by geography, and we can provide local service, depending on the customer'slocation: and timing of any request. The Pflugerville location also houses a35,000: square foot stocking warehouse, where 75% of our stocked merchandise is housed and shipped from. Wel have Uniform service capabilities to exceed customer's needs, including four full-time Seamstresses anda a team of Uniform Specialists. Application ofe emblems can be done on-site. We can offer next day delivery of emergency items- that we have stocked-via quick ship through FedEx. Our location in Georgia is strategically located to service at three state area, focused oni including Alabama, Georgia, and Tennessee, with as strong The experienced staff ofGT Distributors consists of149 Employees, over 30 Customer Service/Retail Representatives as well as 13 Outside Sales Representatives. We can offer at team of dedicated. Account Representatives that will be familiar with the contractualneeds of the end-user by telephone or in our Retail Showroom anytime. GTDistributors' Outside Sales Representatives cover Texas, New Mexiço, Oklahoma, Arkansas, Louisiana, Tennessee, Alabama, Georgia, Nebraska, Kansas, Missouri, and Florida. Theycan be at facilities within this territory for product demonstrations or other required appointments such as uniform or GTDistributors has an active Federal Firearms License, at each of our locations. We consistently maintain our records to remain in compliance with all regulations set forth by the Bureau of Alcohol Tobacco and Firearms. We're registered with ORCA and CCR. Ouro company's DUNS numberi is 147131627, and our Cage number is 1BMY6. We wère awarded our GSA Contract on schedule GS07F0224V, and our schedule of items is available for purchase on GSA Advantage. There isal linkt to our "GSA Sales Section" on our company's homepage. This link will redirect any potential GSA' buyer, directly to our GSA offerings on the GSA Advantage website. sales territories are attached. presence in Chattanooga, TN. body armor sizing within 48 hours in most cases. Amertes 1124 New Meister Ln! Ste. 100 . Pflugerville, TX 78660- 78758- PH:( 94D-ALRADATION BuyBoard PURCHASINO COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com TEXAS REGIONAL SERVICE DESIGNATION This form must be completed in the electronic proposalsubmission system arlfsuemtinganards copy Proposal timely request and complete the form Inaccordance 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. If 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, youà are certifying that you are authorized. and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection ofyour Proposal or, ifawarded, termination of) your Contract. Additionally, if you do not plan to service Texas Cooperative members (.e., if you will service only states other than Texas), you must sO indicate on the form in the electronic proposal submission system. Regional Education Service Centers Region and Headquarters Edinburg 2 Corpus Christi 3 Victoria 4 Houston Beaumont Huntsville 7 Kilgore Mount Pleasant Wichita Falls 10 Richardson 11 Fort Worth 12 Waco 13 Austin 14 Abilene 15 San Angelo 16 Amarillo 17 Lubbock 18 Midland 19 EIP Paso 20 San Antonio 19 Page 29 of72 Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASINO 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 for Ifsubmitting a hard copy Proposal. timelyrequest: and complete the In accordance with the Instructions to Proposers). As set forthi ini the Proposal Invitation, iti is the Cooperative's intent that other governmental entities in thel 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 int the electronic proposal submission: system. (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 considered for a piggy-back award by the National Purchasing Cooperatlve, you must have an authorized representative sign the National Purchasing If 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 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 state or. states, you are certifying that you are authorlzed and willing to provide the proposed) products and services In those states. Designating. states in which, you are elther unable or unwilling to provide the specified products and services. shall be grounds for either refection Cooperatlve Vendor Award Agreement that follows this page. ofy your Proposal or, Ifawarded, termination ofy your Contract. Iwill service all states in the United States. Iwill not service all states int the United States. Alabama Alaska Arizona Arkansas Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii 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 BuyBoard PURCHASINO 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 [oL Ifsubmittinga al hardcopy Proposal timelvrequesta andcomplete the in accordance with the Instructions to Proposers). This applies to the brands: Break Free Defense Technology Forensics Source Glock Hatch Monadnock Safariland Body Armor Safariland Communications Safariland Duty Gear Iwill service all states in the United States. Iwill not service all: states int the United States. Alabama Alaska Arizona Arkansas Colorado Connecticut Delaware Districtof.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 vexas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming California (Public Contract Code 20118 & 20652) BuyBoard PURCHASING 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.lfsubmitting a hard copy Proposal timely request and complete the in accordancewith the Instructions to Proposers). This applies to the brands: Frontier Hornady 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 Hawaii 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 calfornia (Public Contract Code 20118 & 20652) PURCHASINO COOPERATIVE BuyBoard 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.lfsubmitinga a hardcopy Proposal timely requesta and complete the in accordancewith the Instructions to Proposers). This applies to the following brands: Able2- Show-Me Big Sky Racks Blauer Federal Signal Fire Research Corp Go Rhino GO-LIGHT Havis Shields Laguna! Manuf. Lund1 Industries Pro-Gard Industries Santa Cruz Setina MFG Signal Vehicle Sound Off Spiewak Star Warning Systems Tufloc Unity Whelen MFG 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 Hawaii 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 lexas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming California (Public Contract Code 20118 & 20652) PURCHASING COOPERATIVE BuyBoard 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 (oL ifsubmitting a hard COpY Proposal meustendeneste the In accordance with the Instructions to Proposers). This applies to the brands: CCI BlazerLawman Federal American Eagle Federal Premium Gold Medal Remington Premier Golden Saber Remington UMC Speer LE Iwills 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 Hawaii 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) PURCHASING COOPERATIVE BuyBoard 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 buyboard.com NATIONAL PURCHASING COOPERATVEVENDOR AWARD AGREEMENT Ina accordance with 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 certain: school districts outside of Texas tos 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 tot 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 int 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 in 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 iti 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 in 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 posteproposa/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 in 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 morei favorable terms and conditions than those in the Underlying Award. in writing by the BuyBoard Administrator. made by National Cooperative members in order to verify the accuracy of service fees. and then only to the extent necessary to reconcile the conflict. Proposal Forms OMWSVC5V08.112021 Page 31 of72 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard * Austin, Texas 78759-2439 PH: 800-695-2919 * buyboard.com 7. This Agreement shall be governed and construed in accordance with thel laws of 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 nott take effect unless and until National Cooperative awards' Vendora a 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 liei in the federal district court of Alexandria, Virginia. Agreement. Name of Vendor DavidCutis Signature of Authorized Company Official GTDISTRIBUTORS, INC. 698-23 Proposal Invitation Number DAVID CURTIS Printed Name of Authorized Company Official 11-10-2022 Date ProposalF Forms COMMSVC5V,08.112021 Page 32 of72 AGENDA REQUEST ORDINANCE RESOLUTION 2T NO: 2024- CAPTION: An Ordinance accepting a grant from the Office of the Governor, Criminal Justice Division, Police Department Body-Worn Camera Program in RECOMMENDATIONS & JUSTIFICATION: This grant is for the Pasadena Police Department to purchase 13 body-worn cameras. There is a 25% cash match requirement for this grant in the amount of $7,507.50, for a total project cost of $30,030.00. This grant was previously approved under resolution the amount of 32,522.5D 2024-029. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: a COUNCIL DISTRICT (S) AFFECTED: REQUIRES APPROPRIATIONE See attached Certification COUNCIL ACTION 1-124 Jeltry Wright, Chief of Amwbuglt REQUESTING PARTY (TYPED) DATE: Sheml BUDGET DEPARTMENT Police FIRST READING: FINAL READING: MOTION MOTION PURCHASING DEPARTMENT SECOND SECOND APPROVED: o DATE DEFERRED: DATE Aawre MAYOR/ CITY OF PASADENA CERTIFICATION OF FUNDS DATE: 11/13/2024 AMOUNT: $7,507.50 DEPARTMENT NO: 043 ACCOUNT NO: 7207 TASK NO. CIPNO. PROJECT DESCRIPTION: Matching Funds to purchase 13 Body Worn Cameras for Police Department Body-worn Camera Project 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. 222042 Robert Chambers City Controller ORDINANCE NO. 2024- An Ordinance authorizing and accepting a grant award from the Office of the Texas Governor Criminal Justice Division, Police Department Body-Worn Camera Program in the amount of Twenty-two Thousand Five Hundred Twenty-two and 50/100 ($22,522.50) Dollars. WHEREAS, this grant is for the Pasadena Police Department to purchase 13 body-worn camerasi and WHEREAS, there is a 258 cash match requirement for this grant in the amount of $7,507.50, for a total project cost of $30,030.00; WHEREAS, this grant was previously approved under resolution #2024-029; 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 acceptance, by the City of Pasadena, Texas, of the grant attached hereto and incorporated herein for all purposes as Exhibit "A", awarded by the Office of the Texas Governor Criminal Justice Division, Police Department Body-Worn Camera Program in the amount of Twenty-two Thousand Five Hundred Twenty- two and 50/100 ($22,522.50) Dollars is hereby authorized and approved. That the Mayor is hereby authorized and directed to execute for and on behalf of the City of Pasadena Police Department Grant Contract, between the State of Texas Office of the Governor and the City of Pasadena for a grant from the Body-Worn Camera Grant program. GrantAcceptPD.00G-F125BBody"ornCameras24 SECTION 3. That the State of Texas Office of the Governor, Body-Worn Camera Grant in the amount of Twenty-two Thousand Five Hundred Twenty-two and 50/100 ($22,522.50) Dollars to the Pasadena Police Department to be used to purchase 13 body-worn cameras and the City of Pasadena, Texas hereby accepts such 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 thereoi 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) Grancakepto.co-massbpbomcamerasA 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 GrantAcceptPD.00G-Pv25BBd/N0rnCameras24 11/4/24, 3:28F PM Office oft the Governor Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (00G). This Grant Agreement and all terms, conditions, provisions and obligations set forth! herein shall be binding upon and shalli inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated toj perform or become bound by any of the covenants, agreements or obligations The approved project narrative and budget for this award are: reflected in eGrants on the Narrative' and Budget/Details" tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations oft this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the O0G Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2CFR Part 200, Uniform. Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 ofthe' Texas Govemment Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 oft the Texas Administrative Code, and the Texas Grant Management Standards (TxGMS) developed by the Comptroller of Public Accounts; the statel Funding Announcement or Solicitation under which the grant application was made, and for federal funding, thel Funding Announcement or Solicitation under which the 00G was awarded funds; and any applicable documents referenced: in the documents listed above. For grants awarded from the U.S. Department of] Justice, the current applicable version oft thel Department of. Justice Grants Financial Guide and any appliçable provisions in' Title 28 ofthe CFR apply. For grants awarded from thel Federal Emergency Management. Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The 00G reserves the right to add additional responsibilities and By clicking on1 the' 'Accept' button within the' 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of thei following Condition(s) ofFunding and Other Fund-Specific Requirement(s), ifany, cited hereunder of each of thel Parties hereto. requirements, with or without advance notice tot the Grantee. below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project' Title: Grant Manager: CFDA: Federal Awarding Agency: Number: Total Federal Award/State Funds Appropriated: Ist the Award R&D: No Description: aboutblank 5077401 11/4/2024 09012024-08312025 11/29/2025 Pasadena, City of Alyssa Hernandez Award. Amount: Grantee Cash Match: Grantee In Kind Match: Grantee GPI: $22,522.50 $7,507.50 $0.00 $0.00 $30,030.00 BC-Body-Worn Camera (BWC) Program Total Project Cost: Police Department Body-Worn Camera Unique Entity Identifier (UEI): LINKC66VKKMS N/A N/A-State! Funds Federal. Award Date: N/A-State Funds Federal/State Award ID 2025-BC-ST-0020 $10,000,000.00 Pass' Thru Entity Name: Texas Office of the Governor - Criminal Justice Division (CJD) Federal/State. Award Funds are used fort the purchase of body cameras and digital storage systems to serve as a tool in a law enforcement comprehensive problem-solving approach to enhance officer interactions with EXHIBIT"A" 1/2 11/4/24,3:28F PM Office oft the Governor the public, build community trust, and gather important evidence for use int the prosecution of crimes. about:blank 2/2 GOVERNOR GREG ABBOTT Dear Grantee: Congratulations on your award! To activate your agency's grant, the. Authorized Official must log on to eGrants at tps/Gmmsgoylsassor and go to the 'My Home' tab. In the Pending Applications' section, locate the application witha a 'Current Status' of"Pending AO. Acceptance ofAward". Click ont the grant number and proceed to the Accept Award' tab. From this tab, click on the Accept' button. Grants Be sure to review the Grantee Conditions and Responsibilities Memo for a quick overview of general items every grantee should be aware of. You can also find more detailed information on the eGrants website including helpful resources, links, and tools needed to properly administer Public Safety Office grants. The Guide to Grants, also on the website, contains answers to questions frequently asked by If you have any questions regarding this award, feel free to contact your grant manager, whose name is referenced in the Statement of Grant Award or you may always contact our office via the eGrants Help must be accepted within 45 calendar days oft the date the award was issued. grantees. Desk at Crants@govlexasgovy Dunbolks Aimee Snoddy Executive Director Public Safety Office We look forward to working with you to ensure the success of your program. POST OFFICE Box1 12428. AUSTIN, TAS7871512464200 (VOICE) DIAL7-1-1FORI RELAYSERVICES Office of the Governor Public Safety Office Criminal Justice Division & Homeland Security Grants Division Grantee Standard Conditions and Responsibilities September 2022 Grantee Standard Conditions and Responsibilities Office oft the Governor About This Document In this document, grantees (also referred to as subrecipients) will find state and federal requirements and conditions applicable to grant funds administered by the Office of the Governor (OOG). These requirements and conditions are incorporated into the Grant Agreement accepted by a grant's These requirements are in addition to those that can bet found on the eGrants system - including the Grant Application and Grant Award - ori in documents identified there, to which grantees agreed when applying for and accepting the grant. Other state and federal requirements and conditions may apply toy your grant, including but not limited to: 2CFR Part: 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code; Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code; the Texas Grant Management Standards (TxGMS) published by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made; for federal funding, the Funding Announcement or Solicitation under which O0G was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department ofJustice (DOJ), the current applicable version oft the Department of] Justice Grants Financial Guide and any applicable provisions in Title 28 oft the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. 00G reserves thei right to add additional responsibilitiesandr requirements, Itisi important for grantees to review all of these policies to successfully manage their grant, maintain eligibility for funding, and avoid violating the terms of the Grant Agreement, any of which could result For clarification or further information, please see the Guide to Grants and other support materials at tlESanip.eassor or contact the grant manager assigned to the relevant grant. If no grant manager has been assigned, please contact the eGrants help desk via email at: eGrantsepoytexaspoV Authorized Official. with or without advance notice to theg grantee. in the revocation of funding or other actions. or via telephone at: (512)4 463-1919 or dial 7-1-1 for relays services. Page1137 Grantee Standard Conditions and Responsibilities Office oft the Governor Table of Contents About This Document.. Grant Agreement Requirements and Conditions.. 1.1 Applicability of Grant Agreement and Provisions 1.3 Amendments and Changes to the Grant Agreement. 1.2 Legal Authority to Apply 1.4 General Responsibility. 1.5 Terms and Conditions 1.6 Special Conditions. 1.7 Public Information... 1.8 Remedies for Non-Compliance. 1.9 False Statements by Grantee. 1.10 Conflict of Interest Safeguards. 1.11 Fraud, Waste, and Abuse. 1.12 Dispute Resolution.. 1.14 Termination of the Agreement. 1.15 Communication with Grantee. 1.16 Limitation of Liability 1.17 Liability for Taxes. 1.18 Force Majeure.. 1.19 Debt to State.. 10 11 11 12 12 12 13 13 13 13 14 14 14 14 15 15 15 15 16 16 16 1.13 Funds Limited by Agreement and Subject to Availability. 1.20 Grantee an Independent Contractor.. 1.21 No Assignment of Rights or Obligations. 1.22 Funds Are for Sole Benefit of Grantee. 1.23 Permission for Use of OOG Name and Labeling. 1.24 Acknowledgement: of Funding and Disclaimer. 1.25 Royalty-Free License.. 1.26 Project Period.. 1.27 Project Commencement. 1.28 Project Close Out... 1.29 Federal Program Laws, Rules, and Guidelines. 1.30 Applicability of Part 200 Uniform Requirements for Federally Funded Awards. 1.31 Required State Assurançes. 2 Organizational Eligibility. Page2137 Grantee Standard Conditions and Responsibilities 2.1 Good Standing for Eligible Grantees.. 2.2 System for Award Management (SAM) Requirements. 2.3 Criminal History Reporting 2.4 Uniform Crime Reporting. 2.5 Immigration Related Matters 2.6 E-Verify. 2.7 Deceptive Trade Practices Violations. 2.8 Hurricane Contract Violations 2.9 Terminated Contracts.. Office of the Governor 16 17 18 18 18 19 19 19 19 20 20 21 21 21 21 21 22 23 23 23 24 24 24 24 24 24 25 25 25 25 25 26 26 27 27 2.10 Special Requirements for Units of Local Government. 2.11 Special Requirements for Non-Profit Grantees.. orl Invesigates/Proxeaures Sexual Assault or other Sex Offenses..... 2.12 Special Requirements for Facilities or Entities that Collect Sexual Assault/Sex Offense Evidence 2.13 Firearm Suppressor Regulation 2.14 Enforcement of Public Camping Bans.. 2.15 Prohibition on Agreements with Certain Foreign-Owned Companies in Connection with Critical Infrastructure 3 Civil Rights.. 3.1 Compliance with Civil Rights and Nondiscrimination Requirements.. 3.2 Limited English Proficiency. 3.3 Equal Employment Opportunity Plan. Personnel. 4.1 Overtime. Travel.. 5.1 Travel Policies Contracts and Procurement. 6.1 Procurement Practices and Policies. 6.2 Subcontracting 6.3 Buy Texas. 6.4 Contract Provisions Under Federal Awards. Equipment Requirements. 7.1 Property Management and Inventory.. 7.2 Maintenance and Repair. 7.3 Automated License Plate Readers Information Technology. 8.1 Accessibility Requirements 4.2 Notification of Grant-Contingent Employees... Page3137 Grantee Standard Conditions and Responsibilities Office of the Governor 8.2 Criminal Intelligence System Operating Procedures. 8.3 Blocking Pornographic Material.. 8.4 Cybersecurity Training Indirect Costs. 9.1 Approved Indirect Cost Rate. 9.2 De Minimis Rate. 10 Audit and Records Requirements. 10.1 Grantee Subject to Audits. 10.2 Single Audit Requirements. 27 27 27 28 28 28 28 28 28 29 31 31 32 32 32 33 34 34 34 35 35 35 35 36 36 36 36 36 36 37 37 10.3 Cooperation with Monitoring, Audits, and Records Requirements. 10.4 Requirement to Address Audit Findings. 10.5 Records Retention. 11 Prohibited and Regulated Activities and Expenditures. 11.1 Inherently Religious Activities 11.2 Political Activities. 11.3 Generally Prohibited Expenditures. 11.4 Acorn... 11.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.- 34 12 Financial Requirements.. 12.1 Financial Status Reports. 12.2 Approval of Financial Status Report. 12.3 Reimbursements. 12.4 Generally Accepted Accounting Principles. 12.5 Program Income. 12.6 Refunds and Deductions. 12.7 Liquidation Period. 12.8 Duplication of Funding. 12.9 Supplanting 13 Required Reports 13.1 Measuring, Reporting, and Evaluating Performance. 13.2 Report Formats, Submissions, and Timelines.. 13.3 Failure to File Required Reports... Page4137 Grantee Standard Conditions and Responsibilities Office of the Governor 1 Grant Agreement Requirements and Conditions 1.1 Applicability of Grant Agreement and Provisions The Grant Agreement isi intended to be thet full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneousunderstandlings, agreements, promises, representations, terms and conditions, both ifa any term or provision of this Grant Agreement is found to be invalid or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The invalid term or invalid provision shall be deemed severable and stricken from the Grant Agreement as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations pertaining to the grant close-out, maximum liability of O0G, cooperation and provision of additional information, return of grant funds, audit rights, records retention, public information, disclaimers and limitation of liability, indemnification, and any other provision implying survivability shall remain in oral and written, are superseded and replaced byt this Grant Agreement. effect after the expiration or termination of this GrantAgreement. 1.2 Legal Authority to Apply The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or similar action has been or will be duly adopted or passed as an official act of the appicantsgovernings body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 1.3 Amendments and Changes to the Grant Agreement OOG and the grantee may agree to make adjustments to the grant budget and detailed budget as documented in eGrants. Adjustments include, but are not limited to, modifying the scope of the grant project, adding funds to previously un-awarded cost items or categories, or changing funds in any awarded cost items or category or changing grant officials. 00G, at its sole discretion, and upon written notice by O0Gt to the grantee of any proposed adjustment, anda after the grantee has had an opportunity to respond to the proposed adjustment, may adjust the grantee's Budget, Grant Narrative, Special Conditions, Period of Performance, and/or any other items as deemed appropriate by O0G, at any time, The grantee has no right or entitlement to reimbursement with grant funds. 00G and grantee agree that any act, action or representation by either Party, their agents or employees that purports to waive or alter the terms of the Grant Agreement or increase the maximum liability of O0G is void unless a written amendment to this Grant Agreement is first executed and documented in eGrants. The grantee agreest that nothing in this Grant Agreement willl bei interpreted to create an obligation or liability of O0G ine excess oft the' "Maximum Liability of the 00G" as set forth in the Statement of Grant Award (SOGA). Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in during the term of this Grant Agreement. eGrants to be binding upon the Parties. Page5137 Grantee! Standard Conditions and Responsibilities Office of the Governor 1.4 General Responsibility The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project; accountability for all funds awarded; and compliance with 00G administrative rules, policies Grant funds may be used only for the purposes in the grantee's approved application. The recipient shall not undertake any work or activities that are not described in the grant application, and that use staff, equipment, or other goods or services paid for with grant funds, without prior written approval The grantee will maintain an appropriate financial management and grant administration system to and procedures, and applicable federal and state laws andregulations. from 00G. ensure that all terms, conditions and specifications of the grant are met. 1.5 Terms and Conditions The grantee will comply with the terms and conditions as set forth and required in the funding announcement under which the approved appliçation was submitted, the application, and award in eGrants. Notwithstanding the imposition of corrective actions, financial hold, and/or sanctions, the grantee remains responsible for complying with these terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with the granta agreement. Thet failure of O0G toi insist upon strict performance of any oft thet terms or conditions herein, irrespective of thel length oft time ofs such failure, shall not be a waiver of O0G'sright to demand stricto compliance int thet future. No consent or waiver, express ori implied, to or ofanyl breach or default int the performance of any obligation under this grant agreement shall constitute. a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this grant To the extent the terms and conditions of this grant agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement and that any rule of construction tot the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a agreement. manner as to accomplish the purpose of the grant agreement. 1.6 Special Conditions Special Conditions may be imposed by O0G, at its sole discretion and at any time, without amending this Grant Agreement. Failure by OOG to provide notice does not absolve grantee of compliance with any special conditions. O0G may place grantee on immediate financial hold, without further notice, until all Special Conditions, ifa any, are met. 1.7 Public Information Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that the State of Texas, O0G, and this Grant Agreement are: subject tot the Texas Public Information. Act, Page6137 Grantee Standard Conditions and Responsibilities Office of the Governor Texas Government Code Chapter 552 (the "PIA").The grantee acknowledges that OOG will comply with the PIA, asi interpreted byj judicial opinions and opinions of the Attorney General of the State ofTexas. The grantee acknowledges that information created or exchanged in connection with this Grant Agreement, including all reimbursement documentation submitted to O0G, is subject to the PIA, whether created or produced byt the grantee ora anyt third party, andi the grantee agreest thati information not otherwise exceptedi from disclosure under the PIA, will be available in ai format that is accessible by the public at no additional charge to O0G or State of Texas. The grantee will cooperate with O0G in the production of documents or information responsive to a request fori information. Information provided by or on behalfofthe grantee under, pursuant to, ori in connection witht this Grant Agreement that the grantee considers proprietary, financial, trade secret, or otherwise confidential information (collectively' "Confidential Information") shall be designated as such wheni it is provided to O0G or State of Texas or any other entity in accordance with this Grant Agreement. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information may not render the whole oft the information confidential. Any information which is not clearly identified as proprietary or confidential is subject to release in accordance with the Act. O0G agrees to notify the grantee in writing within a reasonable time from receipt of a request fori information covering the grantee's Confidential Information. O0G will make a determination whether to submit al Public Information Act request to the Attorney General. The grantee agrees to maintain the confidentiality ofi information received from 00G or State of Texas during the performance of this Grant Agreement, including information which discloses confidential personal information particularly, but not limited to, personally identifying information, personal The grantee must immediately notify and provide a copy to O0G of any Public Information Request or other third-party request for the disclosure of information it receives related tot this Grant award. financial information and: social security numbers. 1.8 Remedies for Non-Compliance IfOOG determines that the grantee materially fails to comply with any term of this grant agreement, whether stated in ai federal or state statute or regulation, an assurance, in a state plan or application, anotice of award, or any other applicable requirement, O0G, in its sole discretion and consistent with 1. Temporarily withholding cash payments pending correction of the deficiency or more severe 2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in anya applicable O0G Administrative Rules, may take actions including: enforcement action! by OOG; compliance; 3. Disallowing claims for reimbursement; 4. Wholly or partially suspending or terminating thisgrant; 5. Requiring return or offset of prewousremburements; 6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs administered by O0G until repayment to O0G is made and any other compliance or audit finding is satslactorlyresolved; 7. Reducing the grant award maximum liability yofOOG; Page7137 Grantee Standard Conditions and Responsibilities 8. Terminating this Grant Agreement; 9. Imposing a corrective action plan; 10. Withholding further awards; or 11. Taking other remedies or appropriate. actions. Office of the Governor The grantee costs resulting from obligations incurred during a suspension or after termination of this grant are not allowable unless 00G expressly authorizes them in the notice of suspension or O0G, at its sole discretion, mayi impose sanctions without first requiring a corrective action plan. termination orsubsequently. 1.9 False. Statements by Grantee By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties, guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will comply with the requirements of 31 USC $ 3729, which set forth that no grantee of If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false orifthe grantee signs or executes the grant agreement withafalse: statement ori itiss subsequently determined that the grantee has violated any of the statements, representations, warranties, guarantees, certifications or affirmations included int this grant agreement, then O0Gr may consider this act a possible default under this grant agreement and may terminate or void this grant agreement for cause and pursue other remedies available to 00G under this grant agreement and applicable law. False statements or claims made in connection with 00G grants may result in fines, imprisonment, and debarment from participating in federal grants or contract, and/or other remedy available by law, potentially including the provisions of 38USCS53801-3812, which details the administrative remedies federal payments shall submit at false claim for payment. for false claims and: statements made. 1.10 Conflict of Interest. Safeguards The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain, whethert fort themselves or others, particularlythose with whomi theyl havet family, business, or other ties. The grantee will operate with complete independence and objectivity without actual, potential, or apparent conflict ofi interest with respect toi its performance under this Grant Agreement. The grantee must disclose, in writing, within fifteen (15) calendar days of discovery, any existing, actual orp potential conflicts of interest relative to its performance under this Grant Agreement. The grantee is and shall remain in compliance during the term of this Grant Agreement with Texas Government Code, Section 669.003, Contracting with Executive Head of State Agency; and Section! 572, Employment of Former State Officer or Employee of State Agency. The grantee certifies that it is not ineligible to receive this Grant Agreement under Texas Government Code, section 2155.004, regarding thet financial participation by a person who received compensation from 00G or another state agencyto participate in preparing the specifications or request for proposals on which the bid or contract is based, and acknowledges that this Grant Agreement may be terminated and payment withheld if this certification isi inaccurate. Page8137 Grantee Standard Conditions and Responsibilities Office of the Governor The grantee has not given or offered to give, nor does the grantee intend to give at anyt time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service toa a public servant or employee of O0G, at any time during the award of this grant ori in connection with this Grant Agreement, except as allowed under relevant state or federal law. The grantee nor its personnel or entities employed in rendering services under this grant agreement have, nor shall they knowinglya acquire, anyi interest that would be adverse to or conflict in any manner with the performance oftheganteisohisgation: under this grant agreement. 1.11 Fraud, Waste, and Abuse A. The grantee understands that O0G does not tolerate any type of fraud, waste, or misuse of funds received from O0G. OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, O0G policies, or standards of ethical conduct will be investigated, and appropriate actions willl bet taken. The grantee understands and agrees that misuse of award funds may resultinar range of penalties, including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies provided under an award, and civil and/or criminal In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from 00G that is made against the grantee, the grantee is required to immediately notify 00G of said allegation or finding and to continue to inform O0G of the status of anys such on- going investigations. The grantee must also promptly refer to 00G any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has - (1) submitted a claim for award funds that violates the False Claims Act; or (2) committed a criminalor civil violation of laws pertaining to fraud, conflict of interest, bribery,gratuity, or similar misconduct involving award funds. Grantees must also immediately notify O0G in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indiçating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify 00G in writing ifa project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand, notices, subpoenas, lawsuits, or indictments to 00G. If a federal or state court or administrative agency renders a judgement or order finding discrimination by agrantee based on race, color, national origin, sex, age, orhandicap, the grantee agrees to immediately forwarda a copy of thej judgement or ordert to O0G. The grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to OOG's Fraud Coordinator or Ethics Advisor at (512) 463-1788 or in writing to: Ethics Advisor, Office B. Restrictions and certifications regarding non-disclosure agreements and related matters. No grantee or subgrantee under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal comfioentaltyagre-ment or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a state or federal department or agency The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), penalties. of the Governor, P.O. Box 12428, Austin, Texas 78711. authorized to receive suchi information. Page9137 Grantee Standard Conditions and Responsibilities Office of the Governor Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. Ina accepting this award, the recipient: a. Representsthati it neither requires nor! hasrequiredi internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, b. Certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it willi immediately stop any further obligations of award funds, will provide prompt written notification to O0G, and will resume (or permit resumption of) such obligations only if 2. Ifthe recipient does or is authorized under this award to make subawards ("subgrants") or fraud, or abuse as described: above; and expressly authorized to do so by that federalagency. procurement contracts, or both: a. Itrepresentsthat: It has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractorst that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, ii. It has made appropriate inquiry, or otherwise has an adequate factual basis, to b. Itcertifies that, ifi it learns or is notified that any subgrantee, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to 00G, and will resume (or permit resumption of) fraud, ora abuse as described above;and support this representation; and such obligations onlyi ife expressly authorized to do sol by00G. These provisions apply to all grantees and subgrantees or subcontractors. 1.12 Dispute Resolution The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or approved in writing by 00G, the grantee shall continue performance and shall not be excused from performance during the period any breach of Grant Agreement claim or dispute is Thel laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to will make a good faith attempt toi informally resolve any disputes. pending. Page 10137 Grantee Standard Conditions and Responsibilities Office of the Governor this Grant Agreement, without regard1 to any otherwise applicable conflictofl law rules or requirements. Venue for any grantee-initiated action, suit, litigation or other proceeding arising out of ori in any way relating to this Grant Agreement: shall be commenced exclusively ini the Travis County District Court or the United States District Court, Western District ofTexas- Austin Division. Venue for any 00G-initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be commenced in a Texas state district court or a United States District Court selected by O0Gi in The grantee herebyi irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. The grantee hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that the grantee is not personally subject to thej jurisdiction of the above-named courts; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue is its sole discretion. improper. 1.13 Funds Limited by Agreement and Subject to Availability The grantee agrees that nothing in this grant will be interpreted to create an obligation or liability of 00G in excess of the funds delineated in this grant. The grantee agrees that funding for this grant is subject tot the actual receipt by O0G of grant funds (state and/or federal) appropriated to 00G for the grant program. The grantee agrees that the grantf funds, ifany, received from 00G may be limited by thet term ofe each state biennium and by specific appropriation authority to and the spending authority of 00G for the purpose of this grant. The grantee agrees that notwithstanding any other provision of this grant, if OOG is not appropriated thet funds or ifOOG does not receive the appropriated funds for this grant program, ori ift the funds appropriated to 00G1 for this grant program are required to be reallocated tot fund other federal or state programs or purposes, O0Gi is not liable to pay the grantee the maximum liability amount specified in the SOGA or any other remaining balance of unpaid funds. IfOOG or the program fund becomes subject to legislative change, revocation of statutory authority, lack ofappropriated funds, or unavailability of funds which would render performance under this grant agreement impossible, this grant agreement may be immediately terminated without recourse, liability, or penalty against O0G upon written notice tograntee. 1.14 Termination of the Agreement 00G may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty against 00G, upon written notice to grantee. In the event grantee fails to perform or comply with an obligation or at term, condition or provision of this Grant Agreement, 00G may, upon written notice to grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such notification ofTermination for Cause wills statet the effective date ofsuchtermination, andi lifnoeffective O0G and grantee may mutually agree to terminate this Grant Agreement. 00G in its sole discretion will determine if, as part of the agreed termination, grantee is required to return any or all of the Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, byl law, or under this Grant Agreement. Following termination by 00G,grantee shall continue to be obligated to 00G fort the return ofg grant funds in accordance with applicable provisions date is specified, the effective date will be the date of the notification. disbursed grant funds. Page 11/37 Grantee Standard Conditions and Responsibilities Office of the Governor of this Grant Agreement. Ini the event of termination under this Section, O0G's obligation to reimburse grantee is limited to allowable costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs determined by O0G in its sole discretion to be reasonable and necessary to cost-effectively terminate the grant. Termination oft this Grant Agreement for any reason or expiration of this Grant Agreement shall not release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated to survive any such termination orexpiration. 1.15 Communication with Grantee Notice may be given to the grantee via eGrants, email, hand-delivery, delivery service, or United States Mail. Notices to the grantee willl be: sent to the name and address supplied by grantee in eGrants. 1.16 Limitation ofl Liability To the extent allowed by law, the grantee agrees to indemnify and hold harmless OOG, the State of Texas andi its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands or suitsy whatsoever, including any litigation costs, attorneys' fees, and expenses, relating to tax liability, unemployment insurance and/or workers' compensation in grantee's performance under this grant agreement. The grantee shall be liable to pay all costs of defense including attorneys' fees. The defense shall be coordinated by grantee with 00G and the Office of the Attorney General when 00G, the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from 00G and the Office of the Attorney General. The grantee and O0G agree to furnish timely written notice to each other of any The grantee further agrees toi indemnify and hold harmless, tot the extent allowed by law, the 00G, the State of Texas andi its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands, or suits, whatsoever, including any litigation costs, attorneys' fees, and expenses, that arise from any acts or omissions of grantee or any of its officers, employees, agents, contractors, and assignees, relating to this grant agreement regardless of whether the act or omission is related to this grant agreement. The defense shall be coordinated by grantee, O0G and the Office of the Attorney General when 00G, the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from O0G and the Office of the Attorney General. The grantee and 00G agree to furnish timely written notice to each The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver by 00G, its officers, employees, agents, or contractors or the State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that O0G or the State of Texas may suchclaims. other of any such claims. have by operation of law. 1.17 Liability for Taxes The grantee agrees and acknowledges that grantee shall be entirely responsible for the liability and payment Empesoee taxes ofv whatever kind, arising out ofthep performances in this Grant Agreement. Thegrantee: agrees to comply with all state andi federal lawsapplicable toany Page 12/37 Grantee Standard Conditions and Responsibilities Office oft the Governor such persons, including laws regarding wages, taxes, insurance, and workers' compensation. O0G and/or the State of Texas shall not be liable to the grantee, its employees, agents, or others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation or any benefit available to as state employee or employee ofOOG. 1.18 Force Majeure Neither the grantee nor 00G shall be required to perform any obligation under this Grant Agreement or be liable or responsible for any loss or damage resulting from its failure to perform sO long as performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, flood, natural disaster, or interruption of utilities from external causes. Each Party must inform the other in writing, with proofofreceipt, within three (3)business days ofthe existence ofs such force majeure,orotherwise waive this right as a defense. 1.19 Debt to. State The grantee agrees, to the extent grantee owes any debt (child support or other obligation) or delinquent taxes tot the State ofl Texas, any payments grantee is owed underthis Grant Agreement may be applied by the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent taxes are paid in full. 1.20 Grantee an Independent Contractor The grantee expressly agrees thati iti isani independent contractor and under no circumstançes shallany owner, incorporator, officer, director, employee, or volunteer of grantee be considered an employee, agent, servant, joint venturer, joint enterpriser or partner ofOOG or the State of Texas. The grantee is nota' 'governmental body" solely by virtue oft this Grant Agreement or receipt of grant funds underthis Grant Agreement. All persons furnished, used, retained, or hired by or on behalf of the grantee or any of the grantee's contractors shall be considered to be solely the employees or agents of the grantee or the grantee's contractors. The grantee or grantee's contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee asas state employee, and other payrolltaxest for such persons, including any related assessments or contributions required by law. The grantee agrees to take such steps as may be necessary to ensure that each contractor of the grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of 00G or the State of Texas. The grantee is responsible for all types of claims whatsoever due to actions or performance under this Grant Agreement, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any thirdp parties. 1.21 No Assignment of Rights or Obligations The grantee may not assign this Grant Agreement or any ofi its rights or obligations under this Grant Agreement to any third party or entity. Any attempted assignment without O0G's prior written consent isvoid and may result in the termination oft this Grant Agreement. Page 13137 Grantee Standard Conditions and Responsibilities Office of the Governor 1.22 Funds Are for Sole Benefit of Grantee Governor oft the State of Texas. Iti is expressly agreed that any solicitation for or receipt of funds of any type by the grantee is for the sole benefit of the grantee and is not a solicitation for or receipt of funds on behalf of O0G or the 1.23 Permission, for Use of 00G Name and Labeling Other than the required statements listed in this document, grantee shall not use OOG's name or refer to O0G directly or indirectly in any media release, public service announcement, or public service disclosure relating to this Grant Agreement or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from O0G. This Section is noti intended to and does not limit the grantee's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information. Act. This Sectioni is not intended to and does not limit OOG's duties and obligations to report this Grant Agreement, any grant payments made under this Grant Agreement, any contract compliance or performance information or other state or federal reporting requirements applicable to OOG. 1.24 Acknowledgement of Funding and Disclaimer All publications, including websites, produced in full or in part with grant funds awarded by 00G must include an acknowledgement of the funding and a disclaimer of non-endorsement by the funding agency. Ing general, no publication may convey O0G'soranyf federal funding agency's( (i.e.DOJor FEMA) official recognition or endorsement of the recipient's project simply based on having received funding. For websites, the acknowledgement should be present somewhere on all major entry pages. Acknowledgement language for grants made through state fund sources is below and language for grants madet throughs specific federalfunds sourcesis isi included within thet funds specific conditionsmemo. For any state grant program: "This website/epor/study/project/ete., is funded [insert "in part", if applicable) through a grant from the Public Safety Office of the Texas Office of the Governor. Neither the Office of the Governor nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." 1.25 Royalty-Free License Pursuant to2 2.CFR200.315/b), the grantee may copyright any work thati is subject to copyright and was developed, or for which ownership was acquired, under this award. O0G (and the federal funding agency, if the work is funded with a federal grant) reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), fors state (or Federal) purposes: A. Any work subject to copyright developed under an award or subaward;and B. Any rights ofc copyright to whichag grantee or subgrantee or subcontractor purchasesownership The recipient acknowledges that O0G (and thet federal funding agency) have the right to: with state (or Federal): support. Page 14137 Grantee Standard Conditions and Responsibilities Office of the Governor A. Obtain, reproduce, publish, or otherwise use the data first produced under an award or B. Authorize others to receive, reproduce, publish or otherwise use: such data fors state (orfederal) purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision Itist the responsibility oft the grantee (and of each subgrantee or subcontractor ifa applicable) to ensure that this condition is included in any subaward under this award. The grantee has the responsibility to obtain from: subgrantees, contractors, and subcontractors (ifa any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. Ifa proposed subgrantee contractor, or subcontractor refuses to accept terms affording the Government such rights, the grantee shall promptly bring such refusal to the attention of the O0G program manager for the award and not proceed with the agreement in question without further authorization fromOOG. subaward; and 52.227-14 (Rights in Data-general). 1.26 Project Period The performance period for this Grant is listed on the Statement of Grant Award. All goods must be obligated and all services must be received within the performance period. O0G will not be obligated tor reimburse expenses incurred after the performance period. 1.27 Project Commencement The grantee must take reasonable steps to commence project activities upon receiving notice of a grant award. Ifay project is not operational within! 90 days oft the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must submit a statement to 00G explaining thei implementation delay. Upon receipt oft the 90-dayl letter, O0G may cancel the project and redistribute the funds to other project areas. O0G may also, where extenuating circumstances warrant, extend the implementation date of the project past the 90-dayperiod. 1.28 Project Close Out 00G will close-out the grant award when it determines that all applicable administrative actions and The grantee must submit all financial, performance, and other reports as required by the terms and conditions of the grant award. Submission of the final Financial Status Report will initiate grant close The grantee must promptly refund any balances of unobligated cash that O0G paid in advance or paid and1 that are not authorized to be retained byt the grantee for use in other projects. all required work oft the Grant have been completed by the grantee. out with O0G. 1.29 Federal Program Laws, Rules, and Guidelines applicable program guidelines, which mayi include: The grantee must comply with applicable provisions of federal and state law and regulations, terms and conditions applicable to the federal awards providing funding for the grant award, and any A. The Omnibus Crime Control and Safe Streets Act of 1968 (as amended- 4 42 U.S.C3711 etseq.); Page 15137 Grantee Standard Conditions and Responsibilities Office of the Governor B. Victims of Crime Act (VOCA) program guidelines, including the VOCAI Final Rule effective. August 8, Violence Against Women Act (VAWA) relevant statutory and regulatory requirements, including the Violence Against Women Act of1994 (P.L., 103-322), the Violence. Against Women Act of2000 (P.L. 106-386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162), the Violence Against Women Reauthorization Act of 2013 (P.L. 113-4), the Office on Violence Against Women's (OVW) implementing regulations at 28 CFR Part 90, OVW's general terms and conditions available at htp/www.usticegoov/ow/grantees (these do not supersede any specific conditions in the grant agreement), and the financial and administrative requirements set forth in the current edition of the Office on Violence Against Women (OVW) D.1 The provisions of the current edition oft the Department of Justice Grants Financial Guide; . Ifthe grantee uses grant funds to undertake research involving human subjects, the grantee may bes subject to Department of Justice (DOJ) Office of. Justice OPpolcesandrequrementsadopted F. Section 2002 of the Homeland Security Act of 2002, as amended (P.L. 107-296) (6 U.S.C. 56 603); G. Ifgrantee receives a grant award in excess of $150,000, it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 US.C.57401-76710) and the Federal Water Pollution Control Act as amended (33 U.S.C. 51251-1387). Violations must be reported to the Federalawarding: agency and thel Regional Office oft the Environmental Protection Agency (EPA). Any subgrants or contracts made byt the grantee in excess of $150,000 must contain this provision. 2016 and included in 280 CFR94; Financial Grants Management Guide; by 00G related tol human subjects found in 28 CFR Part 46; H.A All other applicable Federallaws, orders, circulars, orregulations. 1.30 Applicability of Part 200 Uniform Requirements, for Federally Funded Awards apply to any grants funded through an award from a Federal agency. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR Part 200 1.31 Required. State Assurances The grantee must comply with the applicable State Assurances included within TxGMS, which are incorporated here by reference ini the award terms and conditions. 2 Organizational Eligibility 2.1 Good: Standing. for Eligible Grantees A. The grantee is in good standing under the laws of the State in which it was formed or organized, and has provided O0G with any requested or required documentation to support thiscertification. B. The grantee agrees to remain in good standing with any state or federal governmental bodies related to the grantee'sright to conduct its business in Texas, including but not limited tot the Texas Secretary of State and the Texas Comptroller of Public Accounts, asapplicable. Page 16137 Grantee Standard Conditions and Responsibilities Office of the Governor The grantee owes no delinquent taxes to any taxing unit oft this State as oft the effective date oft this D. The grantee is non-delinquent in its repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See . The grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to F. The grantee is currently in good standing with all licensing, permitting or regulatory bodies that G. The grantee agrees to comply with all applicable licenses, legalcertifications, inspections, and any H. The grantee shall comply with any applicable federal, state, county, local and municipal laws, ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with its The grantee does not have any existing claims against or unresolved: audit exceptions withi the State Grant Agreement. OMB Circular A-1291 for additional information and guidance. perform its obligations under this Grant Agreement, without costs toOOG. regulate any or alla aspects of grantee's business or operations. othera applicable local ordinance or state or federallaws. obligations under this Grant Agreement. of Texas or any agency oft the State ofTexas. 2.2 System for Award Management (SAM) Requirements A. The grantee agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government-wide system officially designated by OMB and, if applicable, the federal funding agency). These requirements include maintaining current registrations and the currency of the information in SAM. The grantee will review and update information at least annually until submission of the final financial report required under the award or receipt oft final payment, whichever isl later,as required by 2 CFR Part 25. B. Applicable to this Grant Agreement is the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing- Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent changes made to it via cross-referencing espondents/vendors with the Federal General Services Administration's System for Award Management (SAM), tps/wwwsamgoy, which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated The grantee will comply with Executive Orders 12549 and 12689 that requires "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 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred, suspended, otherwise excluded or declared ineligible by D. The grantee certifies thati it andi its principals are eligible to participate int this Grant Agreement and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the grantee is in compliance with the State of Texas National (SDN) list. checking the SAM before doing/renewing business with thatvendor. Page 17 13 37 Grantee Standard Conditions and Responsibilities Office of the Governor statutes and rules relating to procurement and that the grantee is not listed on the federal governmentsterrorism watch list as described in Executive Order13224. 2.3 Criminal History Reporting Counties or other governmental entities required to maintain and report criminal history records per the Texas Code of Criminal Procedure, Ch. 60, must maintain compliance with that statute and Governor's Executive Order GA-07, Order 8, in order to obtain or maintain eligibility for O0G grant funds. 2.4 Uniform Crime Reporting Local units of governments operating al law enforcement agency must be current on reporting complete UCR data and1 the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety (DPS) fori inclusion int the annual Crime in Texas (CIT) publication. Tor maintain eligibility for funding, grantees must have submitted at fullt twelve months of accurate datai to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting, grantees are required to submit complete and accurate UCR data, as well as the Texas-mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. 2.5 Immigration Related. Matters Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, andi institutions of higher education that operate al law enforcement agency, must comply with all aspects oft the programs and procedures utilized by the U.S. Department of Homeland Security ("DHS") to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's custody; and (2) detain suchi illegal aliens in accordance with requests by DHS. Additionally, counties and municipalities may NOT have in effect, purport tol have in effect, or make themselves subject to or bound by, any law, rule, policy, or practice (written or unwritten) that would: (1) require or authorize the public disclosure off federal lawe enforcement information in order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States; or (2) impede federal officers from exercising authority under 8 U.S.C. 9 1226(a), $1226(c), $1231(a), $1357(a), $1366(1), ors Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, and institutions of higher education that operate al law enforcement agency, must comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code which prohibits local entity or campus police departments from: (1) adopting, enforcing, or endorsing a policy under which the entity or department prohibits ori materially limits the enforcement ofi immigration laws; (2) as demonstrated by pattern or practice, prohibiting or materially limiting the enforcement ofi immigration laws; or (3) for an entity thati is al law enforcement agency or fora department, as demonstrated by pattern or practice, intentionally violate. Article 2.251, Code of 1366(3). Criminal Procedure. Page 18137 Grantee Standard Conditions and Responsibilities Office of the Governor 2.6 E-Verify A. The grantee shall comply with the requirements of the Immigration Reform and Control Acts of 1986 and 1990 ("1RCA')regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform anyl labor or services in the United States of America under this Grant Agreement, if any, and the Iegal Immigration Reform and Immigrant Responsibility Act of 1996IRRA7enacted on September 30,1996. B. The grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's E-Verify system to determine the 1. Allp persons employed to perform duties within Texas, during the term oft the Grant;and 2. All persons employed or assigned by the grantee to perform work pursuant to the eligibility of: Grant Agreement, within the United States of America. Ift this certification is falsely made, the Grant Agreement may beterminated. Ifapplicable, grantee will comply with Executive Order RP-80 regarding the U.S. Department of Homeland: Security/sE-Verify system. 2.7 Deceptive Trade Practices Violations The grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the grantee has not been found to be liable for such practices in such proceedings. The grantee certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, andt that such officers have not! beeni found tol bel liable fors such practicesi in such proceedings. The grantee shall notify O0G in writing within five (5) calendar days ifg grantee or any of its officers are subject to allegations of Deceptive Trade Practices or are the subject of alleged violations of any unfair business practices in an administrative hearing or court suit, and that the grantee or officers have been found to be liable for such practices in such proceedings. 2.8 Hurricane Contract Violations Texas law prohibits 00G from awarding a contract to any person who, in the past five years, has been convicted of violating at federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, Hurricane Harvey, or any other disaster, as defined by section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under: section 2155.006 and 2261.053 of the Texas Government Code, the grantee certifies that the entity named int this Grant Agreement is noti ineligible from entering into this Grant Agreement and acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate orfalse. 2.9 Terminated Contracts The grantee has not had a contract terminated or been denied the renewal of any contract for non- Page 19137 Grantee Standard Conditions and Responsibilities Office oft the Governor compliance with policies or regulations of any state or federally funded program within the past five (5)yearsr norisi it currently prohibited fromcontracting withag governmentalagency. Ifthe grantee does have sucha at terminated contract, the grantee shalli identify the contract and provide an explanation for the termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification isi inaccurate or false. 2.10 Special Requirements for Units ofLocal Government Grant funds may not be expended by a unit of local government unless the following limitations and A. Texas General Appropriations Act, Art. X, Parts 2, 3, and 5, except there is no requirement for B. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization fora political purpose, and using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a Texas Government Code, Sections 2113.012 and 2113.101, which prohibits using grant funds to compensate any employee who uses alcoholic beverages on active duty and grantee may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel reporting requirements are satisfied: increased salaries for local overnmentemployes; registered lobbyist; expense for ana alcoholicbeverage; 2.11 Special Requirements for Non Profit Grantees Each non-profit corporation receiving funds from 00G must obtain and have on file a blanket fidelity bond that indemnifies O0G against the loss or theft of the entire amount of grant funds, including matching funds. The fidelity bond should cover at least the 00G grant period. Bya accepting funds under this award, any non-profit grantee certifies and affirmatively asserts thati iti is anon-profit organization and1 thati it keeps on file, andi is available upon audit, either: A. A copy of ther recipient's 501(c)(3) designation letter; B. Aletter from the State of Texas stating that the recipient is a non-profit organizationoperating C. Acopy of the grantee'sTexas certificate of incorporation that substantiates its non-profitstatus. Grantees that are local non-profit affiliates of state or national non-profits should have available proof of (1), (2), or (3), and a statement by the state or national parent organization that the recipient is a Non-profit recipients of Victims of Crime Act (VOCA)funding that are not: a 501(c)(3)o organization finally certified by the Internal Revenue Service must make their financial statements available online. Church, mosque, and synagogue recipients of Nonprofit Security Grant Program funding are not required to apply for and receive a recognition of exemption under section 501(c)(3). Such organizations are automatically exempt if they meet the requirements ofsection 501(c)(3). within Texas; or local non-profit affiliate. Page 20/37 Grantee Standard Conditions and Responsibilities Office oft the Governor 2.12 Special Requirements for Facilities or Entities that Collect. Sexual Assault/Sex Offense Evidence or Texas Government Code, Section 420.034, requires any facility or entityt that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected, to participate in a statewide electronici tracking system developed and implemented by the Texas Department of Public Safety. Failure to comply with the requirements of Chapter 420, Subchapter B or Subchapter B-1, of the Texas Government Code may be InvestigatesProsecutes Sexual Assault or other Sex Offenses used to determine ongoing eligibility for receiving 00G grant funds. 2.13 Firearm. Suppressor Regulation Texas Government Code, Section 2.103, prohibits state agencies, municipalities, counties, special districts or authorities, as defined in Section 2.101 oft the Texas Government Code, from receiving state grant funds if the entity adopts a rule, order, ordinance, or policy that enforces or allows the enforcement ofai federal law that purports to regulate ai firearm suppressor ift the federal statute, order, rule or regulation imposes aj prohibition, restriction, or other regulation that does not exist under the laws of the State of Texas. 2.14 Enforcement of Public Camping Bans Local Government Code, Section 364.004, prohibits municipalities or counties, as defined in Section 364.001 oft the Local Government Code, from receiving state grant funds ifaj judicial determination is made that the local entity adopts or enforces a policy, as described in Section 364.002 of the Local Government Code, that prohibits or discourages the entity from the enforcement of any public camping ban. The Comptroller of Public Accounts has adopted rules at Title 34, Part 1, Rule $20.600 applicable to implementation ofLocal Government Code, Section 364.004 requiring that in the event that al local entity receiving state grant funds is sued by the Attorney General under Local Government Code, Section 364.003 or such a case reaches a final judicial determination, thei local entity must immediately disclose the lawsuit orj judiçial determination to all state agencies that oversee programs 2.15 Prohibition on Agreements with Certain Foreign-Owned Companies in Connection with Critical Texas Government Code, Chapter 113 and Section 2274.0102, prohibits an entity or company from enteringi into an agreement with ac company or entity thati is headquartered in, owned by, or the majority of stock is held or controlled by China, Iran, North Korea, Russia or a country designated by the governor as at threat to critical infrastructure, as defined in Section 113.001 or Section 2274.0101 oft the Texas Government Code, ift the agreement is related to and grants access to or control of critical from which the entity currently receives state grant funds. Infrastructure infrastructure in the State of Texas. 3 Civil Rights Page 21137 Grantee Standard Conditions and Responsibilities Office of the Governor 3.1 Compliance with Civil Rights and Nondiscrimination Requirements A. The grantee will comply with all State and Federal statutes relating to civil rights and nondiscrimination and ensure, in accordance with federal civil rights laws, that the grantee shall not retaliate against individuals for taking actionorparticipating in actiont to secure rightsprotected B. The grantee will comply, and all its contractors and subgrantees will comply, with all federal statutes and rules relating to civil rights and nondiscrimination. These include but are not limited 1. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the 2. Titlel IX oft the Eduçation Amendmentsof1972, as amended (200 USCSS 1681-1683, and 1685- 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 5 794), which prohibits discrimination on thel basis of handicaps and the Americans With Disabilities. Act of 1990( (42 4. The Age Discrimination Act of 1975, as amended (42 USC S5 6101-6107), which prohibits 5. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to 6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on 7. Sections 55 523 and! 527 of the Public Health Service Act of 1912 (42 USC290dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patientrecords; 8. Title VII of the Civil Rights Act of 1968 (42 USC $ 3601 et seq.), as amended, relating to 9. Titlel 1,1 II, and Ill oft the Americans with Disabilities Act of 1990, which prohibits discrimination 10. Any other nondiscrimination provisions in the specific statute(s) or the state or federal solicitation ort funding announcement under which applicationf for grant funds is being made, byt theselaws. to: basis ofr race, color or national origin; 1686), which prohibits discrimination on the basis ofsex; USC912131-34); discrimination on the basis of age; nondiscrimination on the basis of drug gabuse; the basis of alcohol abuse ora alcoholism; nondiscrimination in the sale, rental or financing ofhousing; against individuals with disabilities; including but not limited to: Section 809(c) of Titlelof the Omnibus Crime Control and Safe Streets Act of 1968 (codified at 34 U.S.C. 10228(c); see also 34 U.S.C. 11182(b)), ii. Section 1407(e) of the Victims of Crime Act of 1984 (codified at 34 U.S.C. iii. Section 40002(b)(13) of the Violence Against Women Act of 1994 (codified at 20110(e)) 341 U.S.C. 12291(b)(13)) C.A Anondiscrimination provision that deals with discrimination in employment on the basis of religion isread together with the pertinent provisions oft the Religious Freedom Restoration Act of1993. As ar result, even if an otherwise-applicable nondiscrimination provision states that a recipient or subrecipient may not discriminate ine employment based on religion, an OJPI recipient or subrecipient Page 22/37 Grantee Standard Conditions and Responsibilities Office oft the Governor that is a faith-based organization may consider religion in hiring, provided it satisfies particular htpslloipgov/fundineuhoreemab-envew.CMRehiReauirementshtmH4, D. Collectively, these federal laws prohibitag grantee from discriminating either ine employment (subject to the exemption for certain faith-based organizations discussed in C. above) or in the delivery of services or benefits on thel basis of race, color, national origin, sex, religion, or disability. Int the event any federal or state court or federal or state administrative agency makes at finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin (including limited English proficiency), or sex against the grantee, or the grantee settles a case or matter alleging such discrimination, the grantee musti forward la copy of the complaint andi findings to OOG and, as applicable, the Office of Justice Programs Office for Civil Rights (OCR), or the DHS F. All recipients of Department of. Justice Grants must review the Information on Civil Rights for grantees posted on the eGrants website. More information on Civil Rights and Nondiscrimination requirements for grantees receiving funding originating from the Department of. Justice can be requirements. Additional information on those requirements can be found at awarding office and the DHS Office of Civil Rights and Civill Liberties. found at htps/opgov/about/s/staluteshtm. 3.2 Limited English Proficiency The grantee will comply with Title VI of the Civil Rights Act of 1964, which prohibits grantees from discriminating on the basis of national origin in the delivery of services or benefits, entails taking reasonable stepst to ensure that persons with limited English proficiency (LEP) have meaningful access to funded programs or activities. An LEP person is one whose first language is not English and who has al limited ability to read, write, speak, or understand English. Meaningful access may entail providing language assistance services, including orali interpretation and written translation, where necessary. In order to facilitate compliance with Title VI, grantees are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. More information can be found at http/wWW.EPgoV. 3.3 Equal Employment Opportunity Plan All recipients of Department of. Justice grants must submit the Equal Employment Opportunity Plan (EEOP) certification information to the Office of Civil Rights, Office of Justice Programs through their on- line EEOP Reporting Tool. For more information and guidance on how to complete and submit the federal EEOP certification information, please visit the US Department of Justice, Office of Justice The grantee acknowledges that failure to submit an acceptable EEOP (if recipienti is required to: submit one), thati isa approved by the Office for Civil Rights, isav violation oft the Grant Agreement and may result ins suspension or termination of funding, until such time as the recipient is in compliance. Programs website at htpslloipgov/about/oc/eeop.htm. 4 Personnel Page23137 Grantee Standard Conditions and Responsibilities Office of the Governor 4.1 Overtime Overtime is allowable to the extent thati iti isi included int the 00G-approved budget, the grantee agency has an overtime policy approved byi its governing body, and both grant-funded and non-grant funded personnel are treated the same with regards to the application of overtime policy(ies). In addition, in no case is dual compensation allowable. That is, an employee of a grantee agency may not receive compensation for hours worked (including paid leave) from his/her agency AND from an award for a single period of time, even though such work may benefit both activities. Overtime payments issued outside of these guidelines are the responsibility of the grantee agency. 4.2 Notification oGront-Contingent Employees Staff whose salaries are supported by this award must be made aware that continued funding is contingent upont the avalabilityofapproprated funds as well as the outcome of the annual application review conducted by O0G. Travel 5.1 Travel Policies The grantee must follow their established policies and good fiscal stewardship related tot travel expenses. Ift the grantee does not have established written policies regarding in-state and out-of-state travel, grantee must use the travel guidelines established for statee employees. Contracts and Procurement 6.1 Procurement Practices and Policies The grantee must follow applicable Federal and State law, Federal procurement standards specified in regulations governing Federal awards to non-Federal entities, their established policy, and best practices for procuring goods or services with grant funds. Contracts must be routinely monitored for A. Procurement (contract) transactions should be competitively awarded unless circumstances B. When any contractual or equipment procurement is anticipated to be in excess of Simplified Acquisition Threshold, grantees must submit a Procurement Questionnaire httpsl/eGrants.ov/texasgov/updates.aspx to O0G for approval prior to procurement. Grantees must ensure these contracts address administrative, contractual, or legal remedies in instance where contractorsviolate or breach contract terms and provide fors such sanctions and penalties as When contractual or equipment procurement is anticipated to be in excess of $10,000, grantees must address termination for cause and for convenience by the grantee including the manner by delivery of services or goods. preclude competition. appropriate. which it will be affected and the basis forsettlement. Page 24/37 Grantee Standard Conditions and Responsibilities Office of the Governor 6.2 Subcontracting The grantee may not subcontract any of its rights or duties under this Grant Agreement without the prior written approval of 00G. It is within OOG's sole discretion to approve any subcontracting. In the event 00G approves subcontracting by the grantee, the grantee will ensure that its contracts with others shall require compliance with the provisions of this Grant Agreement to the extent compliance is needed to support the grantee's compliance with this Grant Agreement. The grantee, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this Grant Agreement and that O0G shall not bel liable in any manner to any granteesubcontractor. 6.3 Buy Texas Ifapplicable with respect to any services purchased pursuant to this Grant Agreement, the grantee will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non-Texas products andmaterials. 6.4 Contract Provisions Under Federal. Awards All contracts made by a grantee under a federal award must contain the provisions outlined in 2CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. 7 Equipment Requirements 7.1 Property Management and Inventory The grantee must ensure equipment purchased with grant funds is used for the purpose of the Grant and as approved by 00G. The grantee must develop and implement a control system to prevent loss, damage or theft of property and investigate and document any loss, damage or theft of property The grantee must account for any real and personal property acquired with grant funds or received from the Federal Government in accordance with 2 CFR200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the grantee, according to the requirements listed herein, and provided to O0G upon Whemorghiorepasement equipment acquired under this award by the grantee is no longer needed for the original project or program or for other activities currently or previously supported by the federalawarding: agency or00G, the grantee must make proper disposition ofthe equipment pursuant The grantee shall not give any security interest, lien or otherwise encumber any item of equipment funded under this Grant. request, ifapplicable. to2CFR2 200 orl TXGMS, asapplicable. purchased with grant funds. Page25137 Grantee Standard Conditions and Responsibilities Office oft the Governor The grantee will maintain specified equipment management and inventory procedures for equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place, with a per-unit cost of $5,000 or greater, any firearms, any items on the Prohibited or Controlled Expenditures list, and thei following equipment with costs between $500and $4,999: sound systems and other audio equipment, still and video cameras, TVs, video players/recorders, desktop computers, laptop computers, data projectors, smartphones, tablets, other hand held devices, mobile/portable radios, and unmanned aerial vehicle (UAV) drones. (See Texas Government Code, Sec. 403.271(b) for further information. Users of these standards should contact the Texas Comptroller of Public Accounts' property accounting staff or review the Comptroller's State Property Accounting Process User's Guide, Appendix. A, available on the internet, fori the most current A. The grantee must keep an inventory report on file containing equipment purchased with any grant funds during the grant period. The inventory report must agree with the approved grant budget and the final Financial Status Report and shall be available to OOG at all times upon B. At least every two (2) years, grantee must take a physical inventory and reconcile the results The grantee must maintain property/nventory records which, at minimum, include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price ofthe D. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed Upon termination oft this Grant Agreement, title, use, and disposal ofe equipment by the grantee shall be in conformity with TxGMS; however, as between O0G and the grantee title for equipment will remain listing.) The equipment and inventory proceduresinclude: request. with property records. property. tot the equipment. with the grantee, unless AGMSrequresoterwise. 7.2 Maintenance and Repair The grantee will maintain, repair, and protect alle equipment purchased in whole or in part with grant funds so ast to ensure thet full availability and usefulness of such equipment. Ini the event the grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Grant Agreement, the grantee shall use the proceeds to repair or replace said equipment. 7.3 Automated License Plate Readers Any grantee requesting funds for Automated License Plate Readers (ALPR) must have a written policy regarding use of the ALPR and related data retention. Subrecipients also must enteri into a User Agreement with the Texas Department of Public Safety (DPS), Crime Records Division to gain access to the Texas Automated License Plate Reader (LPR) Database so that data may be shared among all participating local, state, and federal agencies. DPS Crime Records Division will provide written Page 26137 Grantee Standard Conditions and Responsibilities Office of the Governor certification ofy your jurisdiction's participation upon request. Grantees must provide 00G with ac copy of the certification received from DPS Crime Records Division. Information Technology 8.1 Accessibility Requirements Ifapplicable, the grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in Title 1, Chapter 213 of the Texas Administrative Code when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise, if applicable, the grantee shall provide the Texas Department of Information Resources (DIR) with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on thei federal standards established under Section 508 of the Rehabilitation Act), ori indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" http:/www.buyaccessible.gov. A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at tP/wwwsectonoaRe4 8.2 Criminal Intelligence. System Operating Procedures Anyi information technology system funded or supported by these funds must comply with 28 CFRE Part 23, Criminal Intelligence Systems Operating Policies. Any grant-funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described! by 28CFRF Part: 23 atl least oncet for each continuous two-year period that the person has responsibility for entering data into or retrieving data from an intelligence database. 8.3 Blocking Pornographic Material The recipient understands and agrees that (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 8.4 Cybersecurity Training Local units of governments must comply with the Cybersecurity Training requirements described in Section772.012: and Section 2054.5191 ofthe Texas Government Code. Local governments determined tor not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code arei ineligible for 00G grant funds until the second anniversary of the date the local government is determined ineligible. Page27137 Grantee Standard Conditions and Responsibilities Office of the Governor 9 Indirect Costs 9.1 Approved Indirect Cost Rate Ifindirect costs are allowable under an award, the Indirect Cost Budget Category will be available on the Budget tab. Grantees choosing to apply indirect costs to the award (except for those choosing to use a de minimis rate as described in 2 CFR $ 200.414(f) must have an approved indirect cost rate agreement with their cognizant agency (see 2 CFR 5 200 Appendix III-VII for assigned cognizant agencies). A copy of the approval letter from the cognizant agency must be uploaded to the grant application for the grantee to be eligible for the indirect cost rate fort the associated award. Thei indirect cost rate citedi in the budget denotes the approved indirect rate at the time the grant was awarded. Iti ist the granteesresponsibily to ensure the appropriate indirect ratei isc chargedthroughout the term of the grant award even if the approved indirect rate expires or changes during the grant period. Indirect costs are subject to monitoring and the grantee must be able to produce evidence of an approved indirect cost rate upon request. 9.2 De Minimis Rate Ina accordance with 2 CFR S 200.414(f) and TxGMS, grantees of federal or state funds that do not have a current negotiated (including provisional) rate may elect to charge a de minimis rate of 10% of modified total direct costs, which may be usedi indefinitely. A! grantee that elects to use the de minimis indirect cost rate, must advise O0G in writing, in the grant application, before any such funds are obligated ofi its election, and must comply with all associated requirements in 20 CFRS 52 200.414(f) and TxGMS. 10 Audit and Records Requirements 10.1 Grantee. Subject to Audits The grantee understands and agrees that grantee is subject to relevant audit requirements present in state or federal law or regulation or by the terms of this award. For federally funded grants, audit requirements can be found in 2 CFR Part 200 or OMB Circular A-133. For state funded awards, audit requirements can bet found ini the TxGMS. 10.2 Single Audit Requirements requirements in TxGMS. Any grantee expending more than $750,000 in state or $750,000 in federal funds in a fiscal year is subject to Single Audit Requirements in 2 CFR, Part 200, Subpart F - Audit Requirements or the The audit must be completed andi the data collection and reporting package described in 2 CFR200.512 must be submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's report(s), or nine months after the end oft the audit period, whichever is earlier. A copy of the Single Audit Report Package ora a notification email stating the date the Single Audit Report Package was uploaded to the Federal Audit Clearinghouse must be sent the Governor's Office of Compliance and Monitoring within nine months or less of the grantee's fiscal year end date. Documents must be emailed to OCM-FMUBRoVeassoA Page28137 Grantee Standard Conditions and Responsibilities Office oft the Governor Grantees who are not required tol have an audit fort the grantee'sfiscal, yeari in which thes state ort federal awards were made or expended, shall complete and sign a Single Audit Reporting Exemption Form within nine months or less of their fiscal year end date. Exemption Forms are available by fiscal year end date on eGrants in the Updates section and Single Audit links. This form must be emailed to OCM- MV@goV.texaSgOV. 10.3 Cooperation with Monitoring, Audits, and Records Requirements A. In addition to and without limitation on the othera audit provisions ofthis Grant Agreement, pursuant tos Section 2262.154 of the Texas Government Code, the State Auditor's Office or successor agency, may conduct an audit or investigation of the grantee or any other entity or person receiving funds from the State directly under this Grant Agreement or indirectly through a subcontract under this Grant Agreement. The acceptance of funds by the grantee or any other entity or person directly under this Grant Agreement ori indirectly through a subcontract under this Grant Agreement acts as acceptance of the authority oft the State Auditor's Office, under the direction oft the Legislative Audit Committee, to conduct ana audit ori investigation in connection with those funds. Under the direction oft the Legislative Audit Committee, the grantee or another entity that is the subject of an audit or investigation byt the State Auditor's Office shall provide the State Auditor's Office with prompt access to any information the State Auditor's Office considers relevant to the investigation or audit. The grantee further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. The grantee shall ensure that this paragraph concerning the authorityt to audit funds received indirectly bys subcontractorsthrough the grantee and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of the grantee related to this Grant Agreement. This Grant Agreement may be amended unilaterally by 00G to comply with any rules and procedures of the State Auditor's Office in the implementation and enforcement B. The grantee agrees to comply with the grant monitoring guidelines, protocols, and procedures established by 00G and any federal funding agency, and to cooperate with 00G and any relevant federal agency generally, including on any compliance review or complaint investigation conducted by the Federal sponsoring agency or 00G and on all grant monitoring requests, including requests .1 The grantee shall maintain adequate records that enable OOG and any relevant federal agency to complete monitoring tasks, including to verify all reporting measures, requests forr reimbursements, and expenditure of match funds related to this Grant Agreement. The grantee shall maintain such records as are deemed necessary by O0G, the State Auditor's Office, other auditors of the State of Texas, the federal government or such other persons or entities designated or authorized by O0G to ensure proper accounting for all costs and performances related to this GrantAgreement. D.C O0G may request documented proof of payment. Acceptable proof of payment includes, buti is not necessarily limited to, a receipt or other documentation of a paid invoice, a general ledger detailing the specific revenue and expenditures, a monthly bank statement evidencing payment of the specificexpenditure, bank reconciliation detail, copies of processed checks, ora printed copy of an electronic payment confirmation evidencing payment of the specific expenditure to which the . The grantee authorizes 00G, the State Auditor's Office, the Comptroller General, and any relevant Section 2262.154 of the Texas Government Code. related to desk reviews and/or sitevisits. reimbursement relates. Page. 29137 Grantee Standard Conditions and Responsibilities Office of the Governor federal agency, and their representatives, the right to audit, examine, and copy all paper and electronic records, books, documents, accounting procedures, practices, and any other requested records, in any form; relevant to the grant, the operation and management of the grantee, and compliance with this grant agreement and applicable state or federal laws and regulations; and will make them readily available upon request. The grantee will similarly permit access to facilities, F.Ifrequested, the grantee shall submit to 00Gac copy ofi its most recent independent financial audit. If requested, the grantee shall submit to O0G any audited financial statements, related management letters and management responses of grantee, and financial audit documents or portions thereof that are directly related toi the grantee'sp performance ofi its obligations under this G.OOG may make unannounced monitoring visits at any time but will, whenever practical as determined at the sole discretion of O0G, provide the grantee with up to five (5) business days advance notice of any such examination or audit. Any audit of records shall be conducted at the grantee's principal place of business and/or the location(s) of the grantee's operations during the grantee's normal business hours. The grantee shall provide to O0G or its designees, on the grantee's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone services and Internet connectivity, utilities, and office-related equipment and duplicating services as O0G or its designees may reasonably require to perform the audits described in this Grant H. Ina addition tot thei information contained int the required reports, otheri information mayl be required as requested by 00G, including 00G asking for more information regarding project performance orf funds expenditures. In the event O0G requires additional information regarding thei information or data submitted, the grantee will promptly provide the additional information. The grantee also agrees to assist 00G in responding to questions and assisting in providing information responsive to any audit, legislative request, or other inquiry regarding the grant award. Upon the request of 00G, the grantee must submit to 00G any additional documentation or explanation 00G may desire to support or document the requested payment or report submitted under this Grant I Ifafterav written request by OOGorar relevant federal agency, the grantee fails to provide required reports, information, documentation, or other information within reasonable deadlines: setl by O0G or the relevant federal agency, as required by this Grant Agreement, or fails to fulfil any requirement in this section, then O0G may consider this act a possible default under this Grant Agreement, and the grantee may be subject to sanctions including but not limited to, withholdings and/or other restrictions on the recipient's access to grant funds; referral to relevant agencies for audit review; designation of the recipient as al high-risk grantee; or termination ofawards. The grantee agrees to hold any subcontractors or subgrantees to the provisions of this section and tor require and maintain the documentation necessary to complete monitoring tasks performed by any subcontractor or subgrantee. The grantee shall ensure that this section concerning the authorityi to audit funds receivedi indirectly bys subcontractorsthrough grantee andi the requirement to cooperate is included in any subcontract it awards related to this grant. The grantee will direct any other entity, person, or contractor receiving funds directly under this Grant Agreement or throughas subcontract under this Grant Agreement to likewise permit access to, inspection of, and reproduction of all books, records, and other relevant information of the entity, person, or personnel, and other individuals and information as may benecessary. Grant Agreement. Agreement. Agreement. contractor that pertain to this Grant Agreement. Page 30137 Grantee Standard Conditions and Responsibilities Office of the Governor 10.4 Requirement to Address. Audit Findings If_any audit, financial or programmatic monitoring, investigations, review of awards, or other compliance review reveals any discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations hereunder, the grantee agrees to propose and submit to O0G a corrective action plan to correct such discrepancies or inadequacies within thirty (30) calendar days after the grantee'sr receipt oft thet findings. The grantee's corrective action plan is subject to the approval ofOOG. 00G, ati its sole discretion, may impose remedies as part of a corrective action plan, including, but not limited to: increasing monitoring visits; requiring that additional or more detailed finançial and/or programmatic reports be submitted; requiring prior approval for expenditures; requiring additional technical or management assistance and/or making modifications in business practices; reducing the grant award amount; and/or terminating this Grant Agreement. The foregoing are not exclusive remedies, and O0G may impose other requirements that 00G determines will be ini the best interest The grantee understands and agrees that the grantee must make every effort to address and resolve all outstanding issues, findings, or actions identified by O0G (and/or, in the case of federally funded grant, ar relevant federal agency) through the corrective action plan or any other corrective plan. Failure to promptly and adequately address these findings may result in grant funds being withheld, other related requirements beingi imposed, or other sanctions and penalties. The grantee agrees to complete any corrective action approved by 00G within the time period specified by 00Ga and tot the satisfaction of 00G, at the sole cost of the grantee. The grantee shall provide to OOG periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or other compliance activity for of the State. which the grantee isr responsible. 10.5 Records Retention A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of grant funds, reporting measures, and funds received from 00G under this Grant Agreement. Audit trails maintained byt the grantee will, at ar minimum, identify thes supporting documentation prepared by the grantee to permit an audit ofi its accounting systems and payment verification with respect tot the expenditure ofanyf funds awarded under this Grant Agreement. The grantee's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify performance and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of paymentinformation. B. The grantee must maintain fiscal records and supporting documentation for all expenditures resulting from this Grant Agreement pursuant to 2CFR: 200.333, TxGMS, and state law. 1. The grantee must retain these records and any supporting documentation until the third anniversary of the later date of (1) the submission of the final expenditure report, or (2) the resolution of all issues that arose from any litigation, claim, negotiation, audit, or 2. Records related to real property and equipment acquired with grant funds shall be retained 3. For all training and exercises paid for by this Grant, grantee must complete, deliver to the administrative review involving the grant. fort three (3) years after final disposition. Page 31137 Grantee Standard Conditions and Responsibilities Office of the Governor appropriate source, and then retain copies of all after-action reports and certificates of 4. O0G or the Federal Funding Agency may direct a grantee to retain documents for longer periods of time or to transfer certain records to 00G or federal custody when O0G or the Federal Funding Agency determines that the records possess long term retentionvalue. 5. The grantee must give the Federal Funding Agency, the Comptroller General of the United States, the Texas State Auditor's Office, 00G, or any oft their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to ori in use by grantee pertaining to this Grant including records concerning the past use of grant funds. Such rights to access shall continue as long as the training completion for the time period specified in thisSection. records aremaintained. The grantee musti include the substance of this Section in allsubcontracts. C. Iftheg grantee collects personallyi identifiable information, it will haveapubicalyavalabie privacy policy that describes what information it collects, howi it uses the information, whether it shares the information with third parties, and how individuals may have their information corrected where appropriate. The grantee shall establish a method to secure the confidentiality of any records related to the grant program that are required to be kept confidential by applicable federal ors statel lawo orrules. This provision shall not be construed as limiting 00G'saccess' to such records and other information under any provision of this Grant Agreement. 11 Prohibited and Regulated Activities and Expenditures 11.1 Inherently Religious Activities Ag grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may, of course, engage ini inherently religious activities; however, these activities must be separate in time or location from thei federally assisted program. Moreover, grantees must not compel program beneficiaries to participate ini inherently religious activities. Grantees must also not discriminate against a program beneficiary or prospective program beneficiary on the basis ofr religion or religious belief in the delivery of services or benefits funded by the grant. These requirements apply to all grantees, not just athbasedorgan.aton, 11.2 Political Activities bygrant funds: Grant funds may not be usedi in connection withi thei following acts by agencies or individuals employed A. Unless specifically authorized to do sO by federal law, grant recipients or their subgrantees or contractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying or advocating for legislative programs or changes; campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties; and voter registration or get-out-the-vote campaigns. Generally, organizations or entities which receive federal funds by way ofgrants, contracts, or cooperative agreements do not lose their rights as organizations to use their own, private, non-federal resources for "political" activities because dforasaconsequence: of receiving such federalt funds. These recipient organizations must thus Page 32/37 Grantee Standard Conditions and Responsibilities Office of the Governor use private or other non-federal money, receipts, contributions, or dues for their political activities, and may not charge off to or be reimbursed from federal contracts or grants for the B. Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or Grant-funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or D. Grant funds will not be used, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, without the express prior approval of O0G and applicable federal funding agencies. If any non-grant funds have been or willl be usedi in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, it will notify 00G to obtain the Grant funds may not be used to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 of the Government Code to register asa lobbyst.Furthermore, grant funds may notl be usedi to pay,on behalf oft the agency oran officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Government Code to register as a Grant funds - whether expended by the grantee or by any subgrantee or subcontractor- - will not be used for political polling. This prohibition regarding political polling does not apply toa poll conducted by an academic institution as a part of the institution's academic mission that G. As applicable, the grantee will comply with 31 USC 5 1352, which provides that none of the funds provided under an award may be expended by the grantee to pay any person to influence, or attempt toi influence an officer or employee ofany agency, al MemberofCongress, an officer of employee of Congress, or an employee of a Member of Congress in connection The grantee will include the language of this section in the award documents for all subawards at all costs ofs such activities. to achieve any other politicalpurpose. politicald organization for a political purpose. appropriate disclosure form. lobbyist. is not conducted for1 the benefit ofa a particular candidate or party. with any Federal action concerning the award orrenewal. tiers and will require all subrecipients to certifyaccordingly. 11.3 Generally Prohibited Expenditures The following items and activities are specifically prohibited from being funded under this Grant A. Costsofadvertising: and public relations designed solely to promote the governmental unit; . Costs of entertainment, including amusement, diversion, and social activities and any costs 'Inc certain circumstonces international travel may be allowed under the Homeland Security Grant Program with prior written approval from the US Department of Homeland Security, Federal Emergency Management. Agency (FEMA). Agreement: B. Cossdlantemastonalrae"; Page 33/37 Grantee Standard Conditions and Responsibilities Office of the Governor directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, andgratuities); D. Fundraising; - Lobbying; F.A Alcoholic beverages; orp proselytization; and G. Costs to support any activity that has as its objective funding of sectarian worship, instruction, H. Promotional items and memorabilia, including models, gifts, andsouvenirs. 11.4 Acorn The grantee understands and agrees that it cannot use any federal funds, either directly ori indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OOG. 11.5 Prohibition on Certain Telecommunications and Video. Surveillance Services or Equipment The. John S. McCain National Defense Authorization. Act for Fiscal Year 2019 (FY2019 NDAA), Pub.L L. No.: 115-232 (2018), prohibits the purchase of certain telecommunications and video surveillance services or equipment from specified entities. For more information on this prohibition please refer to Public Law No. 115-232 at https/www.ongresgo/BI/AISth-congress/nouse 15515fextomatut. 12 Financial Requirements 12.1 Financial Status Reports Financial Status Reports must be submitted to O0G via eGrants. Unless otherwise specified by 00G, Reports may be submitted monthly but must be submitted at least quarterly. Reports are due after each calendar quarter regardless of when the grant was awarded. Due datesare: 1. April 22 January-March quarter) 2. July 22 (April-June quarter) 3. October 22 July-September quarter) 4. January 22 OdoberDecemperquare. A grant liquidation date will be established in eGrants. The final Financial Status Report must be submitted to O0G on or before the liquidation date or the grant funds may lapse and 00G will provide them as grants to others who need the funding. Payments will be generated based on expenditures reported in the reports. Upon 00G approval of the report, 00G will issue a payment through direct deposit or electronictransfer. Page34137 Grantee Standard Conditions and Responsibilities 12.2 Approval of Financial. Status Report Office of the Governor Grant payments willl be generated based on expenditures as reported int the Financial Status Reports in eGrants or, if authorized by O0G, through Advance Payment Requests. Upon OOG approval of a Financial Status Report or Advance Payment Request, a payment will issue through direct deposit or electronic transfer, though additional documentation may be required and this statement does not override other rules, laws or requirements. It is the policy of O0G to make prompt payment on the approval of a properly prepared and submitted Financial Status Report and any other required documentation. 12.3 Reimbursements OOG will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable costs incurred and paid by the grantee pursuant to this Grant Agreement. Each item of expenditure shall be specifically: attributed to the eligible cost category as identified in the Grant Budget. The Grant Budget is established as provided in eGrants and is the approved budget for the planned expenditure of awarded grant funds, with expenditures identified by approved cost category. 00G is not obligated to pay unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the Bys submission ofal Financial Status Report, the grantee is warranting the following: (1) alli invoices have been carefully reviewed to ensure thatallinvoiced. services or goods have been performed or delivered; (2) that the services or goods have been performed or delivered in compliance with all terms of this Grant Agreement; (3) that the amount of each new Financial Status Report added together with all previous Financial Status Reports do not exceed the Maximum Liability ofOOG; and (5) the charges and expenses: shown on the Request for Reimbursement are reasonable and necessary. commencement or after the termination of this GrantA Agreement. 12.4 Generally Accepted. Accounting Principles The grantee shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by the grantee. The grantee shall follow O0G fiscal management policies and procedures in processing and submitting quesstorembunemen: and maintaining financialrecordsrelatedtothis Grant Agreement. 12.5 Program Income "Program income" means gross income received by the grantee or subgrantee directly generated bya a grant supported activity, or earned only as a result of the grant agreement during the grant period. Unless otherwise required under thet terms of this Grant Agreement, any program income shall be used byt the grantee to further the program objectives oft the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. Program income shall be used to offset the grant award. The grantee shall identify and report this income in accordance with OOG's reporting instructions. The grantee shall expend program income during the term oft this Grant Agreement; program income not expended during thet term ofthis Grant Agreement shall be refunded to 00G. Page35137 Grantee Standard Conditions and Responsibilities Office of the Governor 12.6 Refunds and Deductions IfOOG determines that the grantee has been overpaid any grant funds under this Grant Agreement, including payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the grantee shall return to O0G the amount identified by O0G as an overpayment. The grantee shall refund any overpayment to 00G within thirty (30) calendar days of the receipt of the notice of the overpayment from O0G unless an alternate payment plan is specified by OOG. 12.7 Liquidation Period Thel liquidation date is ninety (90) calendar days after the grant end date, unless otherwise noted ini the original grant award or a grant adjustment. Funds not obligated by the end oft the grant period and not expended by the liquidation date will revert toC OOG. 12.8 Duplication of Funding If grantees receive any funding that is duplicative of funding received under this grant, they will notify O0G as soon as possible. O0G may issue an adjustment modifying the budget and project activities to eliminate the duplication. Further, the grantee agrees and understands that any duplicative funding that cannot be re-programmed to support non-duplicative activities within the program's statutory scope willl be de-obligated from this award and returned to O0G. 12.9 Supplanting Awarded funds must be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated, allocated or disbursed for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil or criminal penalties. For additional information on supplanting, refer to the Guide to Grants at tps/eGrantspoyleasasypVupdatesaspk 13 Required Reports 13.1 Measuring, Reporting, and Evaluating Performance Grantees should regularly collect and maintain data that measure the performance and effectiveness of activities under this award, in the manner, and within the timeframes specified in the program solicitation, or as otherwise specified by 00G. This evaluation includes a reassessment of project Grantees must submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instructions provided by 00G or its designee. If requested by 00G, the grantee shall report on the progress towards completion of the grant project and other relevant information: as determined by O0G.To remain eligible fori funding, the grantee must be able to show the scope of services provided and their impact, quality, and levels of performance activities and services to determine whether they continue to be effective. Page 36/37 Grantee! Standard Conditions and Responsibilities Office of the Governor against approved goals, and that their activities and services effectively address and achieve the project's stated purpose. 13.2 Report Formats, Submissions, and Timelines The grantee shall provide to 00G all applicable reports in at format and method specified by O0G. The grantee shall ensure that it submits each report or document required by 00G in an accurate, complete, and timely manner to O0G or the Federal sponsoring agency, as specified by this Grant Agreement or O0G, and will maintain appropriate backup documentation to support the reports. Unless filing dates are given herein, all otherr reports and other documents that the grantee is required to forward to O0G shall be promptly forwarded. 13.3 Failure to File Required Reports Failure to comply with submission deadlines for required reports, Financial Status Reports, or other requested information may result in 00G, at its sole discretion, placing the grantee on immediate financial hold without further notice tot the grantee and without first requiringa ac corrective action plan. No reimbursements will be processed until the requested information is submitted. If the grantee is placed ont financial hold, OOG, ati its sole discretion, may denyr reimbursement requests associated with expenses incurred during the time the grantee was placed on financial hold. Page37137 AGENDA REQUEST ORDINANCE RESOLUTION e Resa BNO: 2024-029 CAPTION: A resolution on behalf of the Pasadena Police Department to apply for a grant from the Office of the Governor, PY2025 Body-Worn Camera Program in the amount of $22,522.50. RECOMVMENDATIONS & JUSTIFICATION: This grant is for the Pasadena Police Department's Body-Worn Camera Project. This award would be used to purchase body-worn cameras and operating costs for 13 body-worn camera for the grant period, 09/01/2024-08/31/2025. There is a 25% cash match requirement for this grant in the amount of $7,507.50, for a total project cost of $30,030.00. (IP'ADDITIONAL SPACB IS REQUIRED, PLEASE ATTACH SECOND PAGB) BUDGETED: COUNCIL DISTRICT(S) AFFECTED: REQUIRES APPROPRIATIONE R See attached Certification 4muut Jerry Wright, Chief of Police REQUESTING PARTY (TYPED) DATE:02/06/24 Shayloonek BUDGET DEPARTMENT COUNCIL ACTION FIRST READING: FINAL READING: Van Houte MOTION GuSrerO SECOND MOTION PURCHASING DEPARTMENT APPROVED: CITY ATTORNEY ol MAYOR SECOND 02-2024 DATE DATE DEFERRED: OAw RESOLUTION NO. 2024-029 AR Resolution requesting approval for the Pasadena Police Department to apply for a grant from the Office of the Governor, FY 2025 Body- Worn Camera Program, in the amount of $22,522.50. WHEREAS, this grant is for the Pasadena Police Department's Body-Worn Camera Project; and WHEREAS, this award would be for the purchase of thirteen (13) body-worn cameras and their operating costs for the grant period, /01/24-8/91/2025; and WHEREAS, if approved for the grant, there is a 25% cash match requirement in the amount of $7,507.50 for a total project cost of $30,030.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the Pasadena Police Department is hereby authorized to apply for the Office of the Governor, FY 2025 Body- Worn Camera Program Grant for the purchase of thirteen (13) body- worn cameras and their operating costs. SECTION 2. If the grant application is approved, the grant and requirements will be placed for City Council approval. 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, GrantAppp.00-PY25BoPlornCameraProg@rant24 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 2ohay of Fbmare A.D., 2024. GEAwyw JEFF WAGNER, MAYOR OF THE CITY OF PASADENA, TEXAS ATTEST: Omandatmuella AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS JAY DALE CITY ATTORNEY CITY OF PASADENA, TEXAS GrantAPpP.006-PY25BodyMornCameraProgorantz4 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 form 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 playal key role in the City's overall financial healthstrategies. 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. Piease 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 a 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'sstandard Donation Procedures. Private indicates a grant is being provided by a non-federal or non! Not-for-Proht 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 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 mwisonepsaenatkow PLEASE SAVE ACOPY OF THIS DOCUMENT AS CHANGES WILL NOTI BE AUTOMATICALLY SAVED. City of Pasadena Grant Request Form Requesting Department: Pasadena Police Department Date:02/01/2024 Contact Name: Paul Sinitiere Contact E-mail: psiniuere@pasadenatw gov Contact Phone: 713-475-5539 Grantor/Funding. Agency: Office of the Governor, Texas Grant Amount:$22,522.50 Federal: MOU: State: Pass-Through: Private Agency: Type of Grant (select): Application submission deadline: 02/08/2024 Duration ofGrant: Anticipated Costs: Match Requirements: IfMatching required, are funds available? Reporting Requirements: Other departments impacted by use Ves: of Grant CFDA# 09012024.08912025 $30,030.00 Ves: Ves: Yes: NONE No: No: No: No: AmounvPeremtuges7507.50/2590 Fund* #: 210 Type of Reporting: Specify Departments: Financial: Compliance: Purpose/lustification of Grant (need/beneht; alignment with City Strategic Plan; etc): This grant is to equip peace officers with body-worn cameras. Impact to Fiscal Year Budget: Additional Employees Required: Total anticipated Salary Expense: Total Anticipated Benefit Expense: Contractual Services Required: Materlals/supplies anticipated cosk Requestor Signature Budget Director: Compliance Officer: Controller: Yes: Yes: No: No: #Required: Anticipated cost: Date: 7624 Date: 2-6124 Date: 02-6y Date: 2-4-24 Approvals: Ehy VOgvek E5 ua PLEASE AVEACOPY OF1 THIS DOCYMENT AS CHANGES WILL NOT BE AUTOMATIÇALLY SAVED. City of Pasadena Grant Benefits and Cost Analysis Fund Source: Grant Title: Office oft teh Governor, Texas Body Worn Camera Grant Program, FY2025 Grant Application Due Date by Grantor: 02/08/2024 Please answer each of thet 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 purpose of this grant is to equip the incoming peace officer's with body-worn cameras. 2. Describe any additional staffing, office: space, facilities, supplies, or equipment that will be required if the grant is awarded: None 3. Will there be any ongoing impacts of the grant program afteri is completed?: None 4. List the responsibilities of other departments (if any) and impacts on them in preparing the grant application The controllers office would be necessary for setting up an account for any grant amount. 5. Total program costs, including portion funded through grant revenues and: any required City Contribution: $30,030.00/0AG Funds: $22,522.50, Matching Funds: $7507.50 (259match) or performing the scope of worki if the grant is awarded: Source of funding for any required City Share: FY2025 Crime Control 7. Compliance and audit requirements, paying special attention to the grantor's administrative procedures (reporting requirements, wage requirements, time and effort reporting, etc.): The compliance will be handled by the Pasadena Police Department Planning & Research Officer PLEASE SAVE A COPY OF 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 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 toi 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 WILLI NOT BE AUTOMATICALLY SAVED. 1/29/24, 12:25PM Name: Body-Wom Camera Grant Program, FY2025JeGrants Available 12/11/2023 Due Date 02/08/2024 Body-Worn Camera Grant Program, FY2025 Purpose: The purpose of this announcement is to solicit applications from law enforcement agencies to equip peace officers with body-worn cameras. Available Funding: State funds for these projects are authorized under the Texas General Appropriations Act, Article 1, Rider 35 for Trusteed Programs within the Office of the Governor. All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. The Public Safety Office (PSO) expects to make available $10M for FY2025. Eligible Organizations: Applications may be submitted by the Texas Department of Public Safety, municipalities, and counties that operate law enforcement agencies employing peace officers under Article 2.12, Texas Code of Criminal Procedure. All applications submitted by local law enforcement agencies/offices must be submitted by a unit of government affiliated with the agency, including an authorizing resolution from that unit of government. For example, police departments must apply under their municipal government, and community supervision and corrections departments, district attorneys, and judicial districts must apply through their affiliated county government (or one of the counties, in the case of agencies that serve more than one county). Application Process: Applicants must access the PSO's eGrants grant management website at tps/egrants.govteXa5.90VI0 register and apply for funding. Key Dates: Action Date 12/11/2023 12/11/2023 Funding Anouncemtent Release Online System Opening Date https.llegrants gov.texas.g PAapPpAPondne gam-pogam.202Sprnt 1/6 1/29/24, 12:25PM Body- Worn Camera Grant Program. FY2025]eGrants Final Date to Submit and Certify an Application Earliest Project Start Date Project Period: 02/08/2024 at 5:00PM CST 09/01/2024 Projects must begin on or after 09/01/2024 and may not exceed a 12 month project period. Funding Levels Minimum: None Maximum: None Match Requirement: 25% Standards Grantees must comply with standards applicable to this fund source cited in the Texas Grant Management Standards (XGMS).Federal Uniform Grant Guidance.and all statutes, requirements, and guidelines applicable to this funding. Eligible Activities and Costs Funds may be used for obtaining body-worn cameras, digital video storage, and retrieval systems or cloud-based services. Subscriptions and/or leasing services that fall within the 12-month performance period are eligible. Program-Specific Requirements Eligible officers. Pursuant to Sec. 1701.652, Occupations Code, grant funds may only be used to equip peace officers (as defined by Article 2.12, Texas Code of Criminal Procedure) who: 1. Engage in traffic or highway patrol or otherwise regularly detain or stop motor vehicles; or 2. Primary responders who respond directly to calls for assistance from the public. Policy. Pursuant to Sec. 1701.655, Occupations Code, a law enforcement agency that receives a grant to provide body worn cameras to its peace officers or that otherwise operates a body worn camera program shall adopt a policy for the use of body worn cameras. The policy must ensure that a body worn camera is activated only for a law enforcement purpose and must include: 1.Guidelines for when a peace officer should activate a camera or discontinue a recording currently in progress, considering the need for privacy in certain situations and at certain 2. Provisions relating to data retention, including a provision requiring the retention of video for locations. an minimum period of90 days. https llegrants govt texas. gowfuningopp.bodymoéymoncameragentpeogram.202Spint 2/6 1/29/24, 12:25PM Body-Worn Camera Grant Program, FY2025]eGranis 3. Provisions relating to storage of video and audio, creation of backup copies of the video and 4. Guidelines for public access, through open records requests, to recordings that are public 5. Provisions entitling an officer to access any recording of an incident involving the officer audio, and maintenance of data security. information. before the officer is required to make a statement about the incident. 7.1 The handling and documenting of equipment and malfunctions of equipment. 8. Consistent with the Federal Rules of Evidence and Texas Rules of Evidence. 6. Procedures for supervisory or internal review. The policy may not require a peace officer to keep a body worn camera activated for the entire period of the officer's shift. Training. Pursuant to Sec. 1701.656, Occupations Code, a law enforcement agency must provide training to: 1. Peace officers who will wear the body worn cameras. 2. Any other personnel who will come into contact with video and audio data obtained from the Reporting. Pursuant to Sec. 1701.653, Occupations Code, a law enforcement agency shall annually report to the Texas Commission on Law Enforcement (TCOLE) regarding the costs of implementing a body worn camera program, including all known equipment costs and costs for use of body worn cameras. data storage. Eligibility Requirements 1. Local units of governments must comply with the Cybersecurity Training requirements described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Government entities must annually certify their compliance with the training requirements using the Cybersecurity Trainings Certification for State andLocal Governments A copy of the Training Certification must be uploaded to your eGrants application. For more information or to access available training programs, visit the Texas Department of Information Resources Statewide Cybersecurity Awareness Training page. 2. Entities receiving funds from PSO must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 66. The disposition completeness percentage is defined as the https:llegrants gov texas. govfundingoppDody-worr-cameramera.grantprogram-ty2025/print 3/6 1/29/24, 1225PM Body-Worn Camera Granl Program, FY2025leGrants percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Counties applying for grant awards from the Office of the Governor must commit that the county will report at least 90 percent of convictions within five business days to the Criminal Justice Information System at the Department of Public Safety 3. Eligible applicants operating a law enforcement agency must be current on reporting complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety (DPS) for inclusion in the annual Crime in Texas (CIT) publication. To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting, applicants are required to submit complete and accurate UCR data, as well as the Texas-mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. 4. In accordance with Texas Government Code, Section 420.034, any facility or entity that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected, must participate ini the statewide electronic tracking system developed and implemented by the Texas Department of Public Safety. Visit DPS's Sexual Assault Evidence Tracking Program website for more information or to set up an account to begin participating. Additionally, per Section 420.042 "A law enforcement agency that receives evidence of a sexual assault or other sex offense..shall submit that evidence to a public accredited crime laboratory for analysis no later than the 30th day after the date on which that evidence was received." A law enforcement agency in possession of a significant number of Sexual Assault Evidence Kits (SAEK) where the 30-day window has passed may be considered noncompliant. 5. Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, and institutions of higher education that operate a law enforcement agency, must comply with all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security ("DHS") to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's custody; and (2) detain such illegal aliens in accordance with requests by DHS. Additionally, counties and municipalities may NOT have in effect, purport to have in effect, or make themselves subject to or bound by, any law, rule, policy, or practice (written or unwritten) that would: (1) require or authorize the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States; or (2) impede federal officers from exercising authority under 8 U.S.C. $ 1226(a), $ 1226(c), 9 1231(a), $1 1357(a), $ 1366(1), or 9 1366(3). Lastly, https.llegranis gov.lexas gowlundingopplbody-womncameragantprogiam-4y202print 4/6 1/29/24, 1225PM Body- Worn Camera Grant Program. FY2025leGrants eligible applicants must comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code. Each local unit of government, and institution of higher education that operates a law enforcement agency, must download, complete and then upload into eGrants the CEO/Law Enforcement Certifiçations and Assurances Form certifying compliance with federal and state immigration enforcement requirements. This Form is required for each application submitted to OOG and is active until August 31, 2025 or the end of the grant period, whichever is later. 6.6 Eligible applicants must be registered ini the federal System for Award Management (SAM) database and have an UEI (Unique Entity ID) number assigned to its agency (tog get registered in Failure to comply with program eligibility requirements may cause funds to be withheld and/or the SAM database and request an UEI number, go to.htips/samgovo. suspension or termination of grant funds. Prohibitions Grant funds may not be used to support the unallowable costs listed in the Guide to Grants or 1. Any costs ancillary to the purchase of body-worn cameras, video storage, and retrieval systems or cloud-based services such as policy development, training costs, and staff; 2. Any in-car cameras and/or service agreements for in-car camera software; and 3. Any other prohibition imposed by federal, state or local law or regulation. any of the following unallowable costs: Selection Process Application Screening: The Office of the Governor will screen all applications to ensure that they Peer/Merit Review: The Office of the Governor will review applications to understand the overall demand for the program and for significant variations in costs per item. After this review, the Office of the Governor will determine if all eligible applications can be funded based on funds available, if there are cost-effectiveness benefits to normalizing or setting limits on the range of costs, and if other fair share cuts may allow for broader distribution and a higher number of Final Decisions: The Office of the Governor will make all final funding decisions based on eligibility, reasonableness, availability of funding, geographic distribution, cost effectiveness, or meet the requirements included in the funding announcement. projects while still remaining effective. other relevant factors. htips llegrants. govt texas govlundingopp.boy-wom.camera-grant-program-ty2025/print 5/6 1/29/24, 1225PM Body. Wom Camera Grant Program, FY2025leGrants The Office of the Governor may not fund all applications or may only award part of the amount requested. In the event that funding requests exceed available funds, the Office of the Governor may revise projects to address a more limited focus. Contact Information For more information, contact the eGrants help desk at rantsegovlexasgox or (512)463-1919. Total Funds $10 Million https: llegrants gov.t texas. gowlungingoppbodywoncameragamtpogram.2025pint 6/6 AGENDA REQUEST ORDINANCE RESOLUTION OJ NO: 2024- CAPTION: Request an ordinance to purchase the Pasadena Police Omega Plus Plates for the Pasadena Police Department from Impact Promotional Services, LLC dba Got You Covered Work Wear & Uniforms, 1110 E. Lancaster RECOMMENDATIONS & JUSTIFICATION: The purchase of the special threat plates will provide an additional layer of protection to the officer's existing soft body armor. The rifle-resistant ballistic plates being purchased are to continue enhancing the Pasadena Police readiness for active shooter situations. The requested model from Point Blank Enterprises has been independently tested and meets the current N.I.J. standards for Level III This purchase will be made using the BuyBoard cooperative contract #670- 22, which was competitively bid and awarded according to State law. Staff recommends the purchase of the Omega Plus Plates from Impact Promotional Services, LLC dba Got You Covered Work Wear & Uniforms. Avenue, Fort Worth, TX 76102. when used in conjunction with soft boady armor. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: K REQUIRES APPROPRIATION: R See attached Certification Fm COUNCIL ACTION Jerry Wright, Chief of Police REQUESTING PARTY (TYPED) DATE: 11/14/2024 FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION SECOND MOTION SECOND Alolallare PURCHASING DEPARTMENT APPROVEP: DATE DEFERRED: DATE AfAure MAYOR CITY OF PASADENA CERTIFICATION OF FUNDS DATE: November 14, 2024 AMOUNT:SII692.00 DEPARTMENTNO: 00210 ACCOUNTNO.7207 TASKNO. CIPNO. PROJECT DESCRIPTION: The Pasadena Police Omega Plus Plates being purchased is to further provide protection for our police officers and meet the current N.I.J. standards forLevel III when used in conjunction with soft bodyarmor. 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. 22 Robert Chambers Interim City Controller ORDINANCE NO. 2024- An Ordinance authorizing and approving the purchase of the Omega Plus Plates for the Pasadena Police Department from Impact Promotional Services LLC dba Got You Covered Work Wear & Uniforms utilizing BuyBoard Contract #670-22. WHEREAS, the purchase of the special threat plates will provide an additional layer of protection to the officers' existing soft body armor; and WHEREAS, the ifle-resistant ballistic plates being purchased are to continue enhancing the Pasadena Police readiness for active shooter situations; and WHEREAS, the requested model from Point Blank Enterprises has been independently tested and meets the current N.I.J. standards for Level III when used in conjunction with soft body armor; and WHEREAS, this purchase will be made using BuyBoard contract # 670-22, which was competitively bid and awarded according to State law; and WHEREAS, Staff recommends purchase of the Omega Plus Plates from Impact Promotional Services LLC dba Got You Covered Work Wear & Oniforms; 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 the contract, attached hereto as Exhibit "A" with stPurchguyBoard.Pusafetyonifons-lmpactPromaseryeakeredlorsear-OyaPhuaPlusPlates24.doc Impact Promotional Services LLC dba Got You Covered Work Wear & Uniforms for the purchase by the City of Pasadena, Texas of Omega Plus Plates utilizing BuyBoard Contract #670-22. SECTION 3. That there is hereby appropriated out of Account No. 00210-7207 the amount of One Hundred Sixteen Thousand Nine Hundred Ninety-two Dollars and No/100 ($116,992.00); 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 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 effectuate the purchase authorized by this ordinance. 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 StPurchBuyBoard.Pusafety.niforms-impactPromoservdhaterloucoveredhorear-omyarlusPlates24.doc 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) stPurchBuyBoard.Pusafety.mifoms-mpactPromoservdhacetrowcovereaorsear-omgarlusPlates24.dos 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 A.D., 2024. APPROVED 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 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 stPurchBuyBoard.Pubsafetylnifoms-impactPromaservahacetroncoveredkorstear-OmgarlusPlates24.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 Impact Promotional Services LLC dba Got You Covered Work Wear & Uniforms (the "Contractor"). In consideration of the covenants and agreements hereinafter contained the parties do hereby agree as follows: I. Impact Promotional Services LLC dba Got You Covered Work Wear & Uniforms will supply Omega Plus Plates to the City of Pasadena, Texas Police Department in accordance with the Quote attached hereto as Exhibit "1". II. The parties agree that the terms of the contract between Impact Promotional Services LLC dba Got You Covered Work Wear & Uniforms and the Texas Local Government Purchasing Cooperative (BuyBoard Contract No. 670-22) will be applicable to this project, a copy of which is incorporated herein for all purposes and attached hereto as Exhibit "2". EXHIBIT "A" StPurchsuyPoard.Pubsafetypnifoms-impactPromaservdhacotroucovereakerdhorsear-OmgarlusPlates24.doc III. City agrees to pay to Contractor the amount according to the terms as set out in the aforesaid 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. VI. 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. StPurchBuysoard.Pusafetyomifoms-tmpactPromoservahacotioucovereakerdhorsear-onagarlusPlates24.doe 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 APPROVED: OF THE CITY OF PASADENA, TEXAS ATTEST: AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS THE STATE OF TEXAS COUNTY OF HARRIS JAY W. DALE CITY ATTORNEY CITY OF PASADENA, TEXAS 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: stPurchpuyBoard.Pusafetyonifors-impactPromoservaervdhacerroncovereakorhear-OmsarlusPlates24.doc ATTEST: IMPACT PROMOTIONAL SERVICES LLC DBA GOT YOU COVERED WORK WEAR & UNIFORMS SECRETARY PRESIDENT THE STATE OF TEXAS COUNTY OF HARRIS S S This instrument was acknowledged before me on the day of the 2024 by of IMPACT PROMOTIONAL SERVICES LLC DBA GOT YOU COVERED WORK WEAR & UNIFORMS, a corporation, on behalf of said corporation. NOTARY PUBLIC AND FOR THE STATE OF TEXAS Name: My Commission expires: stPurchsuyBoard.Pusafety.nifoms-impactPromoservdhacorloucoveredorsear-omyarlusPlates24.dos Impact Promotional Services, LLC dba Got You Covered Work Wear & Uniforms (817)336-0692 Ext: 104-Accounting 1110ELancaster. Avenue Fort Worth TX 76102-6630 United States Quote #QU016170 11/5/20?4 BillTo Jason Shirley, Pasadena Police Department 1201 Davis St. Pasadena' TX77506 United States Expires 12/5/2024 Quantity Item 400 Ship To Jason Shiriey, Pasadena Police Department 1201 Davis St. Pasadena TX77506 United States Sales Rep joe Braaksma Total: $116,992.00 Partner PO# Omega plus plates Ship Method Rate $292.48 Amount $116,992.00 Pasadena Police Omega Plus Plates OMEGA PLUSI ICW, 10x12 PLTOMG10X12 Subtotal $116,992.00 $0.00 $116,992.00 Tax" Total (0%) Total Memo: Buyboard 670-22 Ke 1of1 QU016170 EXHIBIT "1" OMEGA PLUS THREATLEVEL SPECIAL RIFLE THREATS IN-CONJUNCTION! IIIA SOFT ARMOR Independently tesled to meet current N.IJ. standard requirements for Level Ill in conjunction with (ICW) with Alphal Elite Level IIIA andl lis soft armor, the Omega PLUS rifle platei isi incred- ibly lightweight, thin and provides protection against a variely of special threats. Available in both 8x10 and 10x12 shooters cut profile, the Omega PLUS is optimized to provide all day rifle threat protection without compromising comfort and mobility. 7.62mmx5lmm (M80) 7.62mmx x: 39mm (PSBd/NS 5.56mmx4 45mm (M855) Protection Type/ Level: Special (Rifle) Configuration: ICW Thickness: .80" Curvature: Multi-Curve Construction: Ceramic/ Composite OMEGR PLUS III/ BALLISTIC PERFORMANCE HIIL SIZE 8"x10" 10"x12" 7.25"x11.50" 8.75'x11.75" Shooler'sCut 9.50"x12.50" Shooter'sCut 10.25"x13.25" Shooter'sCut 11"x14" SHAPE Shooter'sCut Shooter'sCut Shooter'sCut WEIGHT 2.5lbs 3.6lbs 2.7bs 3.3lbs 3.8lbs 4.3lbs 4.8lbs Rounds defeated: 7.62mm x 5lmm (M80) 7.62mm x 39mm PS Ball (MSC) 5.56mm x 45mm M855 ($S109) ICW Testing Conducted with Model # AX-II, AXII-4, AXIIIA-I, AXBIIA. - Shooter'sCut "All weights are approximate 1-800-413-5155 . ontsnAtepItEcen Rinte Blank INC. PARACLETE P.O. Box 400, Austin, Texas 78767 BuBoard 800.695.2919 I Info@bwyboard.com: "buyboard.com April 17, 2024 Rhonda LI Harvey Got You Covered Work Wear & Uniforms 1110 El Lancaster Ave Fort Worth, TX 76102 Sent via email to: nendaesycunfomscen Re: Uniforms and Accessories BuyBoard Contract 670-22 Thel Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Uniforms and Accessories, Contract 670-22, for which the current term is set to expire May 31, 2024. At this time, the BuyBoard All discounts, terms, and conditions of your contract will remain the same. If you agree to this renewal, there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at lfyou have questions or comments concerning this renewal, please contact me as soon as possible at contractadmin@buyboard.com, We appreciate youri interesti in The Local Government Purchasing Cooperative. is renewing your contract through May 31,2025. This will be the final renewal oft this contract. contractadmin@buyboard.com prior to the start of the renewal term. Sincerely, Jim Tulberg Jim Tulberg Contract Administrator final renewalv.02.132020 Endorsed by TASAV MME EXHIBIT"2" P.O. Box 400, Austin, Texas 78767 BuyBoard 800.695.2919 -info@buyboard.com: . buyboard.com Apl21,2023 Sent via email to: hondpsycuntomscen Rhonda LI Harvey Got You Covered Work Wear & Uniforms 1212EL Lancaster Ave Fort Worth TX 76102 Re: Uniforms and Accessories BuyBoard Contract 670-22 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Uniforms and Accessories, Contract 670-22 effective 6/1/2022 through May 31, 2023, with two possible one-year renewals. At this time the BuyBoard is renewing your contract through May31,2024. All discounts, terms, and conditions of your contract will remain the same. Ify you agree to this renewal, there is 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 Ify you have questions or comments concerning this renewal, please contact me as soon as possible at atasamnalwptoardcon . We appreciate your interest in The Local Government Purchasing antrasamnababoaticom prior to the start of the renewal term. or they may not be offered a contract renewal. Cooperative. Sincerely, Jim Tullerg Jim Tulberg Vendor Contract Administrator l'renewalv02132020 Endorsedby TASAV TML P.O. Box 400, Austin, Texas 78767 BuyBoard 800.695.2919 -info@buyboard.com: . buyboard.com 4/28/2022 Sent Via Email: hnonda@gyunfoms.com Rhonda LI Harvey Got You Covered' Work Wear & Uniforms 1212 El Lancaster Ave Fort Worth, Texas 76102 Welcome to BuyBoard! 22, Uniforms and Accessories Re: Notice of The Local Government Purchasing Cooperative Contract. Award; Proposal Invitation No. 670- Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company aE BuyBoard@ contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of June 1, 2022 through May 31, 2023, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms To review the items your company has been awarded, please review Proposal Tabulation No. 670-22 at: wwwbwypoar.comeno: 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 in the General Terms and The contract will be posted on thel 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 ap purchase order directly from a Cooperative member that you! have reason to believe has not been received byt 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 willl 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, please contact Cooperative and Conditions of the Contract. Conditions. order by email to info@buyboard.com, as an awarded BuyBoard vendor. Procurement Staff at 800-695-2919 (select option' "2"). Sincerely, n Arturo Salinas Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative v.02.01.2021 Endorsed by TASAP TME wowPvchaiayCageainw BuyBoard 4/29/2022 Sent Via Email: mondsegyaunloms.com Rhonda LI Harvey Got You Covered Work Wear & Uniforms 1212E Lancaster Ave Fort Worth, TX76086 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative. Award; Proposal Invitation No. 670-22, Uniforms and Accessories Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard@ contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of June 1, 2022 through May 31, 2023, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the National Purchasing Cooperative Vendor Award Agreement and General Terms and To review the items your company has been awarded, please review Proposal Tabulation No. 670-22 at ww.bwpat.comhende. 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 as expressly authorized in writing by the Cooperative's administrator, youare not authorized to process a purchase order received directly from a 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 thaty you have reason to believe has not been received byt the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyboard.com AI list of National Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will bec contacting you to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. Onl behalf oft thel National Cooperative, we are looking forward toy your participation in 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. please contact Cooperative Procurement Staff at 800-695-2919 (select option "2'). Sincerely, g2 Arturo Salinas, Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Procurement Administrator for the National Purchasing Cooperative V.02.01.2021 PO. Box 400, Austin, Texas 78767-0400 800695299-bwoardeon BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com PROPOSER's ACCEPTANCE AND AGREEMENT Proposal Invitation Name: Uniforms and Proposal Due Date/Opening Date and Time: December 16, 2021, at 4:00PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 April 2022 Accessories Proposal Invitation Number: 670-22 Anticipated Cooperative Board Meeting Date: Contract Term: June 1, 2022, through May 31, 2023, 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. Impact Promotional Services LLC /dba Got You Covered Work Wear & Uniforms Name of Proposing Company 1212 E Lancaster Ave Street Address 12/7/2021 Date Phonda LHaey Signature of Authorized Company Official Fort Worth Texas 76102 City, State, Zip Rhonda L Harvey Printed Name of Authorized Company Official Director Sales & Operations 817 336 0692 ext 111 Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 8175493911 75-2926987 Federal ID Number Fax Number of Authorized Company Official Page 10 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 PROPOSAL FORMS PART 1: COMPLIANCE FORMS INSTRUCTIONS: Proposer must review and complete all forms in this Proposal Forms Part 1: Proposal Acknowledgements Felony Conviction Disciosure Resident/Nonres.dent Certification Debarment Certification Vendor Employment Certification No Boycott Verification No Excluded Nation or Foreign Terrorist Organization Certification Historically Underutilized Business Certification Acknowledgement of BuyBoard Technical Requirements Construction-Related Goods and Services Affirmation Deviation and Compliance Vendor Consent for Name Brand Use ConrgentayPropnetaly 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 ('you" or "your" hereby acknowledges and agrees as follows: appendices, item specifications, and line items (collectively "Requirements); 1. You 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:H Page 11 Lof72 Proposal Forms COMM/SVCS V.08.11.2021 BuyBoard PURCHASINO COOPERATIVE 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 all awarded products or services at the pricing quoted and 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 for 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 of a contract award, to: compared to similarly situated customers in similar circumstances; ofy your Contract; Information Act or similar public information law; representations and certifications required in the Requirements; information; and or any other remedy or action provided for in the General Terms and Conditions or by 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 a felony." services performed before the termination of the contract." Please check (V)one of the following: My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) My company is not owned or operated by anyone who has been convicted of 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: RiH Page 12of72 Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASINO COOPERATIVE 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. If 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): Impact Promotional Services LLC /dba Got You Covered Work Wear & Uniforms 1212 E Lancaster Ave Address TX State Company Name Fort Worth City A. B. 76102 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 M No What is the prescribed amount or percentage? $ or % DEBARMENT CERTIFICATION By signature on the Compliance Forms Signature Page, Icertify 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 nort the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check (y) one of the following: D Yes No Initial: RdH Page 13of72 Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASINO COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com No 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 ors 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 a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association (TEX. Gov'T 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 Israeli-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 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 by Paragraph (A). TEX. Gov'T 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 in the trade of any goods or serviçes with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) 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 (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: () 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 () 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. Gov'T 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. GOV'TCODE $808.001(1). (effective September 1, 2021). 2021). accurate, and that Ia am authorized by my company to make this certification. Initial: RiH Page 14of72 Proposal Forms COMM/SVCS v.08. 11.2021 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 buyboard.com No EXCLUDED NATIONORI FOREIGN1 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 excluded 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, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and thatIa am authorized by my company to make this the contract prohibition.) certification. HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION AP Proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in 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 (Vall that apply: Icertify that my company has been certified as a 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. $1 101(16), and who has a disability rating of20% 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. ACKNOWLEDGEMENT OF BUYBOARD TECHNICAL REQUIREMENTS Vendor shall review the BuyBoard Technical Requirements included in this Proposal Invitation. Bys signature on the Compliance Forms Signature Page, the undersigned affirms that Proposer has obtained a copy of the BuyBoard Technical Requirements, has read and understands the requirements, and certifies that Vendor is able to meet and will comply with those requirements except as follows: [List and explain BuyBoard Technical Requirements, if any, to which your company cannot or will not comply.) 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 at a 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 event of default under the Contract. Initial: AiH Page 15of72 Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASINO COOPERATIVE 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-Reated 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 Duwbarl.com.endor/Resourcesaspk 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 of 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 accordancewith the Professional Services Procurement Act(Chapter 2254 of 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 a copy 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. Qdy Initial: Page 16of72 Proposal Forms COMWISVGSV.D811.2021 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 buyboard.com DEVIATION AND COMPLIANCE Ify your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST 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 in its entirety. The Cooperative will consider any deviations in its contract award decision and reserves the right to accept or reject a 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 ifa awarded 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 clarification 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 (V) one of the following: No; Deviations Yes; Deviations List and fully explain any deviations you are submitting: Initial: RiH Page 17of72 Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASINO COOPERATIVE 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 be posted ont 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 website 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 ontadamnepurardcomn. 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 set forth in the BuyBoard Technical Requirements. Proposers are requested to submit this information with Vendor's Proposal. (This consent shall not authorize use of your company's Vendor Information by BuyBoard if your company is not awarded a Contract.) OPTOUT: If your 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. DE 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's awarded products and services on the BuyBoard website. Initial: RdH Page 18of72 Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com COMCDBTAVPROPRETANZ INFORMATION A.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 bes subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly 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 (Vone of 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 thei 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: (Attach additional sheets ifneeded.) Initial: QiH Page 190f72 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()one of the 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 the Proposal) does not YES, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does contain copyright information. contain copyright information. Ify you responded "YES", clearly identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets ifneeded.) C.Consent to Release Confidential/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 in this Confgenta/Propnetainy Information form to the contrary, by submitting al Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publicly release, including posting on the public BuyBoard website, ac 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 tol Release Proposal Tabulation or non-award information. Initial: QH Page 20of72 Proposal Forms COMWSVCS4.8.11202 BuyBoard PURCHASINO COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" 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 ability to comply, where applicable, by having Vendor's authorized representative check the applicable boxes, initial each page, and sign the Compliance Forms. Signature Page. Ifyou fail 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 than the: simplified acquisition threshold, which 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 willl 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. D YES,Iagree. 2. NO,Ido not agree. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made usingf 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, including the manner by which it will be effected and the basis for settlement, is 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. D YES,Iagree. NO,Ido not agree. Page 21of72 Initial: RiH ProposalF Forms COMM/SVCS V.08.11.2021 BuyBoard PURCHASING COOPERATIVE 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 CFR 60-1,4(b), in 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 hereby 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 that it shall comply with such provision. D YES, Iagree. 4. NO,Ido not agree. 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 (40USC3141-3144, 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 Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, ofl 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. V YES, Iagree. NO,Ido 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 CFRI 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 of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in The requirements of 40USC3704 are appliçable 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 of intelligence. E YES,Iagree. NO, I do not agree. Initial: RiH Page 22of72 Proposal Forms COMWSGSV0811202 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 37CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and anyi implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. 7. Clean Air Act and Federal Water Pollution Control Act: 3 YES,Iagree. NO,Idor not agree. Clean Air Act (42USC7401-7691q.): and the Federal Water Pollution Control Act (33 USC1 1251-1387), 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 applicable 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. D YES, Iagree. 8. NO, Ido 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." SAM 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. D YES,Iagree. NO,Ido 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 of a 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 certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). E YES,Iagree. NO,I do not agree. Page 23of72 Initial: RH Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASING COOPERATIVE 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) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with 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 ina manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. D YES,Iagree. NO,I do 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 D YES, Iagree. NO,Id do not agree. services under 2 CFR $200.216. YES,Iagree. NO,Ido 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 tor 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, I do not agree. 14. General Compliance and Cooperation with Cooperative Members: Ina 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 to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. E YES,Iagree. NO,I do not agree. Initial: QiH Page 240f72 Proposal Forms COMM/SVCS V.08.11,2021 PURCHASING BuyBoard COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 buyboard.com COMPLIANCE FORMS SIGNATURE PAGE Byi initialing pages and by signature below, I certify that I have reviewed the 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 Resident/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 Conigenta/Propnetainy Information EDGAR Vendor Certification Impact Promotional Services LLC Idba Got' You Covered Work Wear & Uniforms Phonda L farey Signature of Authorized Companylofficial Rhonda LI Harvey, Director Sales & Operations Printed Name and Title 12/7/2021 Date Company Name Page 25 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 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 a legal contract with the Cooperative. As such, Vendor must be an (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may bep provided below. Ifyouà are submitting a joint proposal with another entily to provide thes same proposeds goods ors services, each submitting entity should complete a separate vendor information. form. Separately operating legal business entities, even ifaffiliated entities, which propose to provide goods or individual or legal business entity capable of entering into a binding contract. Name of Proposing Company: Impact Promotional Services LLC services separately must submit their own Proposals.) Please check (y one oft the following: Type of Business: M Individual/Sole Proprietor Corporation Limited Liability Company D Partnership Other (Specify: Texas State of Incorporation (if applicable): Federal Employer Identification Number: 75-2926987 (Vendor must include a completed IRSW-9 form with their Proposal) Name by which Vendor, ifa awarded, wishes to bei identified on the BuyBoard: (Note: Ifdifferent than the Name of Proposing Company listed above, only valid trade names (dba, aka, etc.)of the Proposing Company may be used and a copy of your Assumed Name Certificate(s), if applicable, must be attached.) dba Got You Covered Work' Wear & Uniforms Page 26 of72 Proposal Forms COMM/SVCS V.08.11.2021 Form W-9 (Rev. October 2018) Department oft theT Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification A Got to www.n.gowiFormw9: fori instructions and the latest information. Give Form to the requester. Do not send to the IRS. 11 Name (as shown ony ycuri inçome taxr return). Name is required ont this line: dor not leave this linet blank: 3 Check appropriate box for federal tax classitiçation of the person whoser namei is entered onli line 1.Check Individual/sole proprietor or CCorporation OsCorporation Partnership Limited liabiltyo company. Enter thet tax classification (C-C corporation, S-S corporation, P-Partnership)>, LLCif Note: thel Check LLCis thea appropriate! box Int thel line above fort thet tax classifiçation of thes single-member owner. Donot check another LLCt thati classified is as as single- member LLC thati is disregarded from the owner unless thec owner oft thel LLCis Exemption from FATCAr reporting isdisregarded from noto thec owner disregarded should from the ownert forU.s. federalt tax purposes. Otherwise, a single-member LLCt that' code( (fa any) IMPACT PROMOTIONAL SERVICES, LLC 2 Business name/disregarded entity name, ifdifferenti from above DBA GOT YOU COVERED WORK WEAR & UNIFORMS following sevent boxes. single- memberl LLC only one ofthe 4 Exemptions (codes apply only to certain entities, noti individuais; see instructions on page3) Exempt payee code (ifa Trust/estate any). checkt thes appropriate boxi fort thet tax classification ofits owner. Other (seei instructions) a 1212 EL LANCASTER AVENUE 6 City, state, andz ZIPO code FORT WORTH, TX7 76102 7 Lista account number(s) here (oplional) (Appfes looccountsn name and address (optional) Address (number, street, and apt. ors suiter no)Seei instructions. Requester's mantanede outsdetheus) Part Taxpayer Identification Number (TIN) Enter your TINin the appropriate box. The TIN provided must match ther name given on! line 1t0 avoid Social backup withholding. Fori individuals, thisi is generally your social security number (SSN). However, resident alien, sole proprietor, or disregarded entity, see thei instructions for Partl later. For other fora entities, TIN, later. itis your employer identification number (EIN). Ify you dor not have a number, see How to geta Note: Ift the accounti is inr more than one name, seet thei instructions for line 1. Also see What Number To Give the Requester for guidelines on whose number toe enter. number security or 75 Name and Employer identification number 9 2 698 Part M Certification Under penalties ofp perjury, Icertily that: nol longers subject tot backup withholding; and 3.1 lamau.s. citizen or other U.S. person (defined below); and 1.T Ther number shown ont this formi is my correct taxpayer identification number (orl am waiting for a number 2.1 lam nots subject tot backup withholding because: (a)! lame exempt from backup withholding. 4. Thel FATCA code(s) enteredo ont this form (ifa any)i indicating that! Fam exempt from FATCAI reportingi is correct. Certification instructions. Youmust cross outi iem2a abovei ify youh have been notified by thel IRS thaty to bei issued tor me); and (c) the IRSI has notified me that! am Service (RS) that ams subject to backup withholding asa a result ofaf failuret tor report alli interest or (b) or have dividends, not been or notified by the Internal Revenue youl have failedt to report alli interest ando dividends ony your tax return. For reale estate transactions, item you 2 does are currently subject to backup withholding because acquisition or abandonment ofs secured property, cancellation of debt, contributions toa ani individual retirement nota apply. For mortgage interest paid, other thani interest ando dividends, you are notr required tos signt the certifiçation, buty youmust provide your correct arrangement TIN. See thei (RA), instructions and generally, for Partil, payments later, Sign Signature of Here U.S. person General Instructions noted. Dater 34/2021 (dividends, including those from stocks or mutual .Form 1099-DIV funds) proceeds) transactions by brokers) Form 1098 Form 1099-C (canceled debt) Use Form W-9 onlyi if your later. ate Section references are to thel Internal Revenue Code unless otherwise Future developments. For thel latest information about developments related toF Form' W-9 andi itsi instructions, such asi legislation eracted after they were published, 9o to www.irs.g gov/Formw9. Ani individual or entity (Formy W-91 requester) whoi isi required tof file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may bey your socials security number (SSN). individual taxpayer identification number (ITIN), adoption (EIN), to report ona ani informationi return the amount paid toy you, ord other amount reportable on ani information return. Examples ofi information returnsi include, buta arer not limited to, thei following. Form 1099-INT (interest eamed orp paid) Form 1099-MISC (various types ofi income, prizes, awards, or gross Form 1099- B (stock or mutual fund sales and certain other Form 1099- -S (proceeds from real estate transactions) Form 1099-K( (merchant card and third party network transactions) 1098-T (tuition) (homer mortgage interest), 1098-E (student loan interest), alien), to provide correct you areal TIN. person (including a resident lfyou dor not return Form W-9 to the requester with a TIN, you might bes subject tob backup withholding. See What is backup withholding, Purpose of Form taxpayer identification number (ATIN), or employer identifiçation number Form 1099-A (acquisition or abandonment of secured property) U.S. Cat. No. 10231X Form W-9 (Rev. 10-2018) BuyBoard PURCHASINO COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com VENDOR CONTACTINFORMATION Vendor shall provide the requested Vendor Contact. Information in the electronic proposal submission system Including contract, purchase order, RFQ, and invoice contacts (or, Ifsubmitting a hard copy Proposal, timely request and complete the Vendor Contact. Information form in accordance with thel Instructions to Proposers). BSRAANDSAT/PECASNS COOPERATIVE EXPERIENCE The Cooperative strives to provide Cooperative members with the best services and products at the 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 Jan 2021/Dec 2021). 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: $_$500.000 (The period of the 12-month and describe your own measure of the sales of the item(s). equivalent circumstances. as required. CURRENT FORMER VENDOR (Y/N)? AWARDED COMMODITY CATEGORY(IES) PURCHASING GROUP VENDOR? (Y/N) IFYES, LIST YEARS AS VENDOR 1. Federal General Services Administration 2.T-PASS (State of Texas) 3. OMNIA Partners 4. Sourcewell (NJPA) 5. E&I Cooperative 7. Choice Partners 6. Houston-Galveston Area Council (HGAC) 8. Thel Interlocal Purchasing System (TIPS) 9.Other Texas Share November 2021 CURRENT BUYBOARD VENDORS current and proposed discounts. Current Discount (%): 15% Y Uniforms Duty Gear 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. Explain any difference between your Proposed Discount (%): 15% All GYC Products Explanation: Current offer 15% select brands, New Offer AIL GYC Brand List at 15% off List price Page 27of72 Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASING COOPERATIVE 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 the 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/ 500 units or more 500 units or more 500u units ormore Entity Name 1Fort Worth, City of 2. Grand Prairie, City of Contact Crystal Payton Phone# Email Address Discount Volume Alma Izaguirre 817-392-6825 alma. mgumegunwoaagw 0-20% 972-237-8790 cpayton@gptx.org 0-20% 0-25% 3. North Texas Toll Authority Babette Marchetti 214-224-2331 UNT Health Science Center Jospeh Killingsworth 817-735-2210 bmarcheti@ntia.org Fwpagpone.Ncaa 0-20% 5. Tier One Security Chris Horvath 214-251-87220t104 Mihopaineleroneuscon 0-10% Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give Embroidery, alterations, screen and heat press production elements may be offered at a better rate on quantities of 100 or more. Quantity purchases of 500 or more units in a single style increase discount to 20%. better discounts (lower pricing) than indicated? YES D NOD 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 28of72 Proposal Forms COMM/SVCS V.08.11.2021 OUCOI Impact Promotional Service, LLC dba Got You Covered Work Wear and Uniforms 1212 El Lancaster Avenue, Fort Worth, TX 76102 (817)336-0692 info@gycunforms.com NIFORN Company Information Impact Promotional Services, LLC DBA Got You Covered Work Wear &1 Uniforms 12121 E. Lancaster. Avenue Fort' Worth, TX 76102 dba Got You Covered Workwear and Uniforms on April 1,2017. Owner's Information Robert "Bob" M. McCarthy Sr., 50% Owner Elizabeth McCarthy, 50% Owner Email: mctyepcantonson Bank Information Origin) Bank 3200 W. 7 Street Fort Worth, Texas 76107. Contact Information Robert McCarthy, President General Manager/Houston Location: Accounting Manager: Accounts Receivable Contact: Sales Service and Information: Invoices may be deliveredto: Trade References Blauer 20 Aberdeen Street Boston, MA02215 Contact: Owen Polleys Phone: 800.225.6715 Fax: 617.536.6948 Account No: 6300 Email: opolleys@blauer.com Premier Emblem & Insignia 2111 West Avenue San Antonio, TX 78201 Phone: 800.823.4774 Fax: 800.631.2774 Account No: D-IMP 105 Email: sigpumiétesmhem.om FEIN:75-2926987 DUNS #00-690-2686 RESALE: 17529269874 Impact Promotional Services, Inc., was founded March 13, 2001. The legal entity changed to Impact Promotional Services, LLC, Travis Hanes 682.286.1893 Email: msanhyfumtbomscon Email: Domlatpsumtommssom Email: tmIgepsNtemison Email: clomanapsunifomscom Email: r@gcumifonms.com Email: info@gycunifomscom: Email: apgvsuniforms.com Director of Operations/Fort Worth Location: Rhonda Harvey Kyle Miller Carole Loman Cophea Morton Ap purchase order number is required on: alli invoices. Invoices without a purchase order number will ber retured. 5.11 62789 Collection Center Drive Chicago, ILG 60693-0627 Contact: Victoria Sioxson Phone: 866.451.1726 Fax: 209.552.7358 Account No: USA20235 Email: Vistotas@sllacialcom Point Blank 2102 SW 24. Street Pompano Beach, FL33069 Phone: 800.413.5155 Account No: GYC1200 Email: jomas@pbeamor.com: pg.1 Got You Covered Uniforms, 1212E. Lancaster Ave. Fort Worth, TX76102. (817)336-0692 (store) www.xunforms.com email: ino@sycunforms.com BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919" buyboard.com TEXAS REGIONAL SERVICE DESIGNATION This form must be completed In the electronic proposal submission system caIsprngnarogz Proposal timelyrequest. and complete thel 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. If you propose to serve different regions for different products or services included in your Proposal, you 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 Dds@buyboard.com at least five (5)_business days prior to the Proposal Due Date.) By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for eltherrejection ofyour Proposal of, 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 sO indicate on the form in the electronic proposal submission system. Regional Eduçation Service Centers Region and Headquarters Edinburg 2 Corpus Christi 3 Victoria 4 Houston 5 Beaumont 6 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 EIPaso 20 San Antonio 19 Page 29 of72 Proposal Forms COMM/SVCS v.08.11.2021 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 - PH:8006952919-FAX: 800-211-5454 buyboard.com STATE SERVICE DESIGNATION This form must be completed In the electronic proposal. submission system (or lfsubmittingal hardcopy Proposal timelvrequest: and complete the In accordancewith the Instructions to Proposers). As setf forth ini the Proposal Invitation, iti is the Cooperative's intent that other governmental entities in 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, youmust complete the State Service Designation information in the electronic proposal submissionsystem. (Note: If 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 considered for a piggy-back award by the National Purchasing Cooperative, you must have an authorized representative sign the National Purchasing If 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 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 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 thati follows this page. of) your 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 Hawaii 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 30of72 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 FAX: 800-211-5454 buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT Ina accordance with 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 intergovemmental. purchasing cooperative formed by certain school districts outside of Texas 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 thet 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 a 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 for in 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 poseproposa/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 in 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. in writing by the BuyBoard Administrator. made by National Cooperative members in order to verify the accuracy of service fees. and then only to the extent necessary to reconcile the conflict. Proposal Forms COMM/SVCS v.08.11.2021 Page 31 of72 BuyBoard PURCHASINO COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 FAX: 800-211-5454* buyboard.com 7. This Agreement shall be governed and construed in accordance with the laws of 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 a 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. Impact Promotional Services LLC Idba Got You Covered Work' Wear & Uniforms Name of Vendor Bhonda LHawey Signature of Authorized Company Official 670-22 Proposal Invitation Number Rhonda LI Harvey Printed Name of Authorized Company Official 12-7-2021 Date Proposal Forms COMM/SVCS v.08.11.2021 Page 32of72 BuyBoard PURCHASINO COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 . FAX: 800-211-5454* buyboard.com LOCATION/AUTHORIED SELLER LISTINGS Ify you have more than one location/authorized seller that will service a Contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under andi in accordance with the Contract. Ifj you are a product manufacturer. and 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 GYC Uniforms Fort Worth GYC Uniforms Houston Contact Information (Mailing Address, Phone, Fax, Email) 1212ELancaster Ave FtWorth, Texas 76102 817336 0692 817549391100. monda@ysuntoms.onm 10795 Hammerly Blvd Ste 330 Houston Tx77043 3464338800 817549391100 kyemier@gpunfomscon Contact Person Rhonda LI Harvey Kyle Miller Proposal Forms COMM/SVCS V.08.11.2021 Page 33 of72 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard* Austin, Texas 78759-2439 PH: 800-695-2919 . FAX: 800-211-5454" buyboard.com MANUFACTURER DEALER DESIGNATION IfVendor 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, your 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 in accordance with the Contract and remain subject to all remedies for default thereunder, including, but Ifa awarded, 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 If 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. ora 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 34of72 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard' Austin, Texas 78759-2439 PH: 800-695-2919 . FAX: 800-211-5454" buyboard.com PROPOSAL 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 or involved in anyt transaction that would significantly alter its business or result in acquisition Proposal will not be considered. by another entity. Founded March 13, 2001- as Impact Promotional Services Inc Legal entily change April 1, 2017 to Impact Promotional Services LLC dba Got You Covered' Workwear & Uniforms 20) Yearsi inb business 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, Executive Team- -20wnetPresident, 20 Diretor/GM, 1/ Accounting Manager- 5p personnel with 5-30 years experience in their fields Store Teams Fort Worth/Houston -30 outside Sales- 2/ Account Managers 1 AR Admin -2 Store managers 4 Sales Floor Reps 12 personnel Warehouse/Producion Teams 10PSI Manager- 31 Pick/Pull Team- 2 ship/receiving -5 Seamstress 3E Embroiderers -2- Heat Press 16 personnel and product selection for Work associated with this Contract. Store Personnel and Production' Warehouse! have experience ranging from 1-20 years experience int their fields 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 you will continue to support the BuyBoard for the duration of the Contract Currently all Buy Board Contracti informationi is shared with all prospective and existing customers. This is provided through email and one on one visits with the agencies. We have recently launched our new website and would! like to be able to share through our site if permissable. We currently participate term.)Attach additional pages if necessary. with atl least 40 conferences annually where we also share this contract information. Proposal Forms COMM/SVCS v,08.11.2021 Page 35of72 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard" Austin, Texas 78759-2439 PH: 800-695-2919* FAX: 800-211-5454" buyboard.com 4. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and 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 a 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. Inl business 20 years, no bankruptcy or insolvency. DUNS 00-690-2686 Insurance Coverage documents attached 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. Not Applicable 6. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been 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, or termination. Not Applicable 7. List all litigation or other legal proceedings (including arbitration proceedings), if any, in 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 of the claim, and resolution or current status. Not Applicable Proposal Forms COMM/SVCS v.08.11.2021 Page 36 of72 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 . FAX: 800-211-5454" buyboard. com VENDOR REQUESTTO 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 NOT required as part of) your proposal. You should sign and return this form ONLYIfyou 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 Cooperatlve administrator to self-report BuyBoard, purchases mycompa/Eaandesn: Contract. Icertify thatIam authorized by the above-named Vendor to approve this form, and. I have recelvedandread 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 behalfo of Vendor. NAME OF VENDOR: Impact Promotional Services LLC Idba Got' You Covered' Work Wear & Uniforms Phonda L farveyy Signature of Vendor Authorized Répresentative Printed Name: Rhondal L Harvey Title: Director Sales & Operations Date: 12-7-2021 (For Cooperative. Administrator Use Only) Approved by BuyBoard Administrator:, Effective/Start Date for Self-Reporting: Proposal Forms COMM/SVCS v,08.11.2021 Page 37of72 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 FAX: 800-211-5454* buyboard.com REQUIRED FORMS CHECKLIST (Please check (V) the following) M Reviewed/Completed: Proposer's Acceptance and Agreement PROPOSAL FORMS PART 1: COMPLIANCE FORMS Reviewed/Completed: Proposal Acknowledgements Reviewed/Completed: Felony Conviction Disclosure Revewed/Completed: Resident/Nonresident Certification Revlewed/Completeg: Debarment Certification Reviewed/Competed: Vendor Employment Certification Reviewed/Completed: No Boycott Verification Revewed/Compete.: No Excluded Nation or Foreign Terrorist Organization Certification Revlewed/Completed: Historically Underutilized Business Certification Revewed/Competeg: Acknowledgement of BuyBoard Technical Requirements Revewed/Completed: Construction-Related Goods and Services Affirmation Revewed/Competeg: Deviation and Compliance Reviewed/Completed: Vendor Consent for Name Brand Use Revlewed/Completed: Comfidenta/Propnetainy Information Reviewed/Completed: EDGAR Vendor Certification Reviewed/Completed: Compliance Forms Signature Page PROPOSAL FORMS PART2:VENDOR: INFORMATION FORMS Revlewed/Complete.: Vendor Business Name Revlewed/Competed: Governmental References Reviewed/Completed: Company Profile Revewed/Completed: Vendor Contact Information (complete in electronic, proposal submission system) Revewed/Completed: Federal and State/Purchasing Cooperative Experience Revewed/Completed: Texas Regional Service Designation (complete in electronic proposal submission. system) Reviewed/Completed: State Service Designation (complete in electronic proposal submission: system) Revewed/Competed: National Purchasing Cooperative Vendor Award Agreement (Vendors serving outside Texas only) Revewed/Competed: Local/Authorized Seller Listings Reviewed/Completed: Manufacturer Dealer Designation Reviewed/Completed: Proposal Invitation Questionnaire Reviewed/Completed: Vendor Request to Self-Report BuyBoard Purchases (Optional) M Revlewea/Completea: Proposal Specifications, Evaluation Items and Discount (%6) off Catalog/Pricellst and/or other required, pricing information including Catalogs/Pricelsts (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 FAX: 800-211-5454 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 a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). PROPOSAL NOTE: Vendors shall submit catalogls)/pricelist(s) with their Proposal response or the Proposal will not be considered. Vendors shall submit catalogls)/pricelst(s) with the Proposali in ar readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/yende. websites will be accepted. 1. Discount (%) off catalog/pricelist for Purchase of Band Uniforms, Related Supplies and Accessories. 2. Discount (%) off catalog/pricelist for Purchase of Flag Corps Uniforms, Related Supplies and Accessories. 3. Discount (%) off catalog/pricelist for Purchase of Formal Wear for Bands and Orchestra, Related Supplies and 4. Discount (%) off catalog/pricelist for Purchase of Show Choir Wear, Related Supplies and Accessories. 5. Discount (%) off catalog/pricelist for Purchase of Cheerleading Uniforms, Related Supplies and Accessories. 6. Discount (%) off catalog/pricelist for Purchase of Drill Team Uniforms, Related Supplies and Accessories. 7. Discount (%) off catalog/pricelist for Purchase of Dancewear, Related Supplies and Accessories. 8. Discount (%) off catalog/pricelist for Purchase of All Other Performance Related Uniforms, Related Supplies 9. Discount (%) off catalog/pricelist for Purchase of Public Safety (police, fire, EMS, security, etc.) Uniforms, 10, Discount (%) off catalog/pricelist for Purchase of Custodial and Maintenance Uniforms, Related Supplies and 11, Discount (%) off catalog/pricelist for Purchase of Food Service Uniforms, Related Supplies and Accessories. 12, Discount (%) off catalog/pricelist for Purchase of Medical and Nursing Uniforms, Related Supplies and 13. Discount (%) off catalog/pricelist for Purchase of Business Uniforms (Career Appare!), Related Supplies and 14. Discount (%) off catalog/pricelist for Purchase of Student Uniforms, Related Supplies and Accessories. 15. Discount (%) off catalog/pricelist for Purchase of ARCI Rated/Flame Resistant Uniforms, Related Supplies and 17. Discount (%) off catalog/pricelist for Purchase of All Other Work-Related Uniforms, Related Supplies and Section III: RENTAL UNIFORMS - WORK RELATED UNIFORMS AND OTHER INDUSTRIAL PRODUCTS 18. Discount (%) off catalog/pricelist for Rental of Public Safety (police, fire, EMS, security, etc.) Uniforms, Related 19. Discount (%) off catalog/pricelist for Rental of Custodial and Maintenance Uniforms, Related Supplies and 20. Discount (%) off catalog/pricelist for Rental of Food Service Uniforms, Related Supplies and Accessories. 21. Discount (%) off catalog/pricelist for Rental of Medical and Nursing Uniforms, Related Supplies and 22. Discount (%) off catalog/pricelist for Rental of Business Uniforms (Career Apparel), Related Supplies and Section I: UNIFORMS FOR PURCHASE: - PERFORMANCE RELATED UNIFORMS Accessories (dresses, tuxedos, jackets, pants). and Accessories not listed above. Related Supplies and Accessories. Section II: UNIFORMS FOR PURCHASE - WORK RELATED UNIFORMS Accessories. Accessories. Accessories. Accessories. 16. Discount (%) off catalog/pricelist for Purchase of Industrial Towels. Accessories not listed above. Supplies and Accessories. Accessories. Accessories. Accessories. Proposal Forms COMM/SVCS v.08.11.2021 Page 380 of72 BuyBoard PURCHASING COOPERATIVE 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 FAX: 800-211-5454 buyboard.com 23. Discount (%) off catalog/pricelist for Rental of All Other Work-Related Uniforms, Related Supplies and Accessories not listed above, 24. Discount (%) off catalog/pricelist for Rental of Industrial Towels. 25. Discount (%) off catalog/pricelist for Rental of Industrial Mats. 26. Discount (%) off catalog/pricelist for Rental of Industrial Mop Service. 27. Discount (%) off catalog/pricelist for Rental of ARC Rated/Flame Resistant Uniforms, Related Supplies and 28. Discount (%) off catalog/pricelist for Rental of All Other Industrial Uniform, Related Products, Supplies and Section IV: Proposal No. 670-22 - Uniforms and Accessories: EVALUATION ITEMS for RENTALUNIFORMS 1.1 Information under Section IV is requested and will be used only for purposes of assisting in the evaluation of Vendor's price competitiveness. Thesei items will not bei individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BE COMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILL 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following pricing structure. [BuyBoard Price (catalog price for Rental ofClothing Item less (minus) discount proposed to BuyBoard = BuyBoard Weekly 3. Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement. The Cooperative may determine, in its sole discretion, whether or not to 29. Uniform Clothing Rental: Executive Shirt; long sleeve; 100% cotton; BuyBoard weekly rental unit price. 30. Uniform Clothing Rental: Industrial Work Shirt: long sleeve, synthetic blend; BuyBoard weekly rental unit price. 31. Uniform Clothing Rental: Industrial Work Shirt; stripe, long sleeve, synthetic blend; BuyBoard weekly rental unit 32. Uniform Clothing Rental: Button Down Shirt; long sleeve; 100% cotton; BuyBoard weekly rental unit price, 33. Uniform Clothing Rental: Industrial Pants: synthetic blend; BuyBoard weekly rental unit price. 34. Uniform Clothing Rental: Executive Slacks; Cotton; BuyBoard weekly rental unit price. 35. Uniform Clothing Rental: Blue Denim Jeans; Cotton; BuyBoard weekly rental unit price. Accessories. Accessories not listed above. NOT BE CONSIDERED. Rental Unit Price)]. Weekly rental pricing shall be inclusive of pickup, launder, repairs, and delivery. exempt a' Vendor from this requirement based on all information provided with the Proposal. price. ADDITIONAL WEEKLY RENTAL/PREP CHARGES (MISC. ITEMS) 36. 4X6 Floor Mat; per item; BuyBoard weekly rental unit price. 37. Dry Mop; Treated; 36i inches, per item; BuyBoard weekly rental unit price. 38. Name Tags; per item; BuyBoard weekly rental unit price. 39. Prep Charges; per item; BuyBoard weekly rental unit price. 40. Emblem; per item (print or embroidery); BuyBoard weekly rental unit price. 41. Emblem 2; per item (print or embroidery); BuyBoard weekly rental unit price. 42. Environmental Fee 43. Energy Surcharge 44. Initial Set Up Charges 45. Swing Suit Charges 46. Minimum Stop Size Fee 47. Image Guard Fee 48. Deposit Charge Proposal Forms COMM/SVCS v,08.11.2021 Page 39of72 BuyBoard PURCHASING COOPERATIVE 670-22 Got You Covered Uniforms Impact Promotional Services Supplier Response Event Information Number: 670-22 Title: Type: Issue Date: 10/14/2021 Notes: Uniforms and Accessories Request for Proposal Deadline: 12/16/2021 04:00 PM (CT) The Local Government Purchasing Cooperative (BuyBoard) Proposal Invitation No. 670-22 Uniforms and Accessories Proposal Due Date and Time: December 16, 2021, at 4:00 PM Responding to this and future proposals online is easy with our online submission system. 1. View and download the forms. DO NOT log in to view and download the documents. Visit vendorpwypoaro.com and click on the "Current Proposal shown below to view and download the forms for this Invitations" button proposal. 2. To submit completed proposal. Page lof5l pages Vendor: Got You Covered Uniforms 670-22 Visit vendorbuyboarc.com and click Regster/.ogmn/Subme Proposal" button shown below to submit your proposal online. For additional assistance click this link a View our Proposal Submission Instructions. New Vendor? Visit vendor.buypoard.com and click Regster-ogin-Subm: Proposal." proposal opportunities. website, and it will be the Click Register now as ar new supplier/vendor, sO you don't miss future Any Addenda issued with this proposal will also be placed on the vendor's responsibility to obtain the information. Page 2of51 pages Vendor: Got) You Covered Uniforms 670-22 Got You Covered Uniforms Information Contact: Address: Phone: Fax: Email: Rhondal LI Harvey 1212E Lancaster Ave Fort Worth, TX76102 (817)336-0692 (817)877-5673 monca@gycuniomscom Web Address: gycuniforms.com By submitting your response, you certify that you are authorized to represent and bind your company. Rhonda LI Harvey Signature nonda@gycunfomscon Email Submitted at 12/16/2021 10:33:30 AM Requested Attachments BuyBoard Proposal Invitation No. 670-22 Uniforms and Accessories popuinospo22.Sgndat GYCUnioms.670.22.20211215.5X REQUIRED-In PDF format, upload all proposal invitation documents available for download at vendorbuypoard.com including any additional pages, as necessary. (Please DO NOT password protect uploaded files.) REQUIRED-In Excel or PDF format, upload catalog/pricelist in proposal invitation instructions. Vendors shall submit catalogs/pnicelisus) with their Proposal response or Proposal will not be considered. No paper catalogs or manufacturerlvendor websites will be accepted. File size must not exceed 100MB. (Please DO NOT password protect Catalog/Pricelist uploaded files.) Exceptions and/or Detailed information Related to Discount % and/or BUYBOARD2022_PPT_GYC.pdh Hourly Labor Rate Proposed In PDF format and if necessary, vendor shall attach detailed information regarding exceptions to pricing and/or discount percentage and define the services that are proposed to be provided. NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, PROPOSAL MAY NOT BE CONSIDERED. (Please DO NOT password protect uploaded files.) REQUIRED-niormation 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 ini its sole discretion, with or without prior notice, including but not limited to any content deemed by the Company Profile GYC.Operatons.Sze.scope.2021.dOCK Cooperative to bei inappropriate, irrelevant to the Contract, inaccurate, or misleading.) IRS Form W-9 Request for Taxpayer Identification Number and Certification REQUIRED-In PDF format, upload W-9 form. (Please DO NOT password protect uploaded files.) Vendors that do not offer any of the evaluation and/or alternate items shall submit a written letter providing explanation requesting exemption from this requirement and identify its specialty product line(s). W9_March2021.pd No response Exemption Letter Response Attachments GYCAlteration.Pice. List.xlsx GYC Aleralion/Embro.dery Services Price List Page 3of51 pages Vendor: Got' You Covered Uniforms 670-22 GYC Company Information-Trade References . FW-Houstondock GYC Company Information Trade References Assumed Name Certificate for dba AcordCOL_BuyBoard._2022.pdr Acord COIGYC COI-Buy Board--RMR.pdf COIGYCRMR YC.Retum.Polcydocs GYC Return Policy Bid Attributes GYC Assumed Name Certificate dba Got You Covered Work Wear Uniforms.pdf Federal Identification Number Federal Identification Number 75-2926987 2 HUB/No Israel Boycott Certification/No Excluded Nation or Foreign Terrorist Certification HUB/No Israel Boycott Certification/No Excluded Nation or Foreign Terrorist Certification 3 No Israel Boycott Certification ATexas 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)o does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEX. GOVT CODE Ch. 2270). "Boycott Israe!" 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 Israeli-controlled territory, but does not include an action made for By signature on the Compliance Forms Signature Page, to the extent applicable, certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that lam authorized by my company to make this Accordingly, this certification form is included to the extent required by law. ordinary business purposes, TEX. GOV'T CODE $808.001(1). certification. Yes 4 No Excluded Nation or Foreign Terrorist Organization Certification Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter intoa 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 $$806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares tol be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating 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 that lam authorized by ai foreign terrorist organization is not subject to the contract prohibition.) my company to make this certification. Yes Page 4of5l pages Vendor: Got You Covered Uniforms 670-22 5 MWBE/HUB Status Certification AProposer that has been certified as al Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The BuyBoard website willi indicate HUB certifications for awarded Vendors that properly indicate and document their HUB certification on this form. Icertify that my company has been certified as a MWBE/HUB in the following categories: (Please check all that apply) 6 Minority Owned Business Minority Owned Business OMinority Owned Business (Yes) 7 Women Owned Business Women Owned Business OWomen Owned Business (Yes) 8 Service-Disabled Veteran 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) Service-Disabled Veteran Owned Business (Yes) 9 Certification Number Certification Number No response Name of Certifying Agency Certifying Agency No response Non-MWBE/HUB Mi Non-HUB (Yes) 0 My company has NOT been certified as a MWBE/HUB Vendor General Contact Information Proposal/Contract General Contact Information Vendor Proposal/Contract Contact Name Vendor Proposa/Contract Contact Name 3 Rhonda L Harvey Vendor Proposal/Contract Contact E-mail Address Vendor Proposal/Contract Contact E-mail Address Vendor Proposal/Contract Mailing Address Vendor Proposal/Contract Mailing Address monda@gycunlomscon 1212 E Lancaster Ave Page 5 of51 pages Vendor: Got You Covered Uniforms 670-22 Vendor Proposal/Contact Mailing Address City 6 Vendor Proposal/Contact Mailing Address City Fort Worth Vendor Proposal/Contact Mailing Address State Vendor Proposal/Contact Mailing Address State (Abbreviate State Name) Vendor Proposal/Contact Mailing Address Zip Code Vendor Proposal/Contact Mailing Address Zip Code Vendor Proposal/Contact Phone Number Vendor Proposal/Contact Phone Number (oxx-x00x-X00Xx) Vendor Proposal/Contact Extension Number Vendor Proposal/Contact Extension Number Texas 8 76102 817-336-0692 111 2 Company Website Company Website (www.XXXXX.com) www.gycunioms.com Purchase Orders Contact Information All Purchase Orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address sO that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to Vendors to assist them with retrieving their Please select options below for receipt of Purchase Orders and provide the requested information: orders. Iwill use the internet to receive Purchase Orders at the following address Yes Purchase Order E-mail Address Purchase Order E-mail Address monda@gycuniomscom Purchase Order Contact Name Purchase Order Contact Name Rhonda L Harvey Purchase Order Contact Phone Number Purchase Order Contact Phone Number (ox-xxx-00) 817-336-0692 Page 6of5l pages Vendor: Got You Covered Uniforms 670-22 Purchase Order Contact Extension Number Purchase Order Contact Extension Number Alternate Purchase Order E-mail Address Alternate Purchase Order E-mail Address cmouonegycunomscon Alternate Purchase Order Contact Name Alternate Purchase Order Contact Name 111 Cophea Mouton Alternate Purchase Order Contact Phone Number 9 Alternate Purchase Order Contact Phone Number (XXx-XXX-XXXX) Alternate Purchase Order Contact Extension Number Alternate Purchase Order Contact Extension Number Purchase Orders Contact Information 817-336-0692 0 106 AllI Purchase Orders from Cooperative members will be available through the Internet. Vendors need Internet access and at' least one e-mail address sO that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to Vendors to assist them with retrieving their Please select options below for receipt of Purchase Orders and provide the requested information: Purchase Orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. lunderstand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with orders. the Contract. Yes Request for Quotes (à€ceRFQa€) Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: Request for Quote (RFQ) E-mail Address Request for Quote (RFQ) E-mail Address Inio@gycunforms.com Request for Quote (RFQ) Contact Name Request for Quote (RFQ) Contact Name Rhonda Harvey Request for Quote (RFQ) Contact Phone Number Request for Quote (RFQ) Contact Phone Number (ox-XXX-X00Xx) 8173360692 Page 7of51 pages Vendor: Got You Covered Uniforms 670-22 Request for Quote (RFQ) Contact Extension Number Request for Quote (RFQ) Contact Extension Number Alternate Request for Quote (RFQ) E-mail Address Alternate Request for Quote (RFQ) E-mail Address Alternate Request for Quote (RFQ) Contact Name Alternate Request for Quote (RFQ) Contact Name 111 cmouonegycunlomscon Cophea Mouton Alternate Request for Quote (RFQ) Contact Phone Number Alternate Request for Quote (RFQ) Contact Phone Number (xxx-xxx-XXXX) Alternate Request for Quote (RFQ) Contact Extension Number Alternate Request for Quote (RFQ) Contact Extension Number 817-336-0692 106 Invoices Your company will be billed monthly for the service fee due under a Contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Invoices information: or billing agent: 2 Please choose only one (1) of the following options for receipt of invoices and provide the requested (a) Service fee invoices and related communications should be provided directly to my company at: (b) In lieu of my company, request and authorize all service fee invoices to be provided directly to the following IfVendor authorizes a billing agent tor receive and process service fee invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation. shall relieve Vendor ofi its responsibilites and obligations under the Contract including, but not limited to, payment of all service fees under any Contract awarded' Vendor. Service fee invoices and notices direct to company) Invoice Company Name Invoice Company Name Impact Promotional Services LL Invoice Company Department Name Invoice Company Department Name impact Promotional Services LL 3 Page 8of51 pages Vendor: Got You Covered Uniforms 670-22 Invoice Contact Name Invoice Contact Name Carole Loman Invoice Mailing Address 1212 E Lancaster Ave Invoice Mailing Address - City 7 Invoice Mailing Address- City Fort Worth Invoice Mailing Address (P.O. Box or Street Address) Invoice Mailing Address - State 8 Invoice Mailing Address State (Abbreviate State Name) TX Invoice Mailing Address Zip Code 9 Invoice Mailing Address (Zip Code) 5 Invoice Contact Phone Number 0 Invoice Contact Phone Number (xxx-XXX-XXXX) Invoice Contact Extension Number Invoice Contact Extension Number Invoice Contact Fax Number Invoice Contact Fax Number (XXx-XXX-XXXX) 817-549-3911 Invoice Contact E-mail Address Invoice Contact E-mail comanegcuniomscom 76086 682-499-7799 No response Invoice Contact Alternate E-mail Address Invoice Contact Alternate E-mail Address ap@gycuniorms.com Billing Agent Company Name Biling Agent Company Name No response Billing Agent Department Name Billing Agent Department Name No response Page 9of51 pages Vendor: Got' You Covered Uniforms 670-22 Billing Agent Contact Name Billing Agent Contact Name No response Billing Agent Mailing Address Billing Agent Mailing Address (P.O. Box or Street Address) No response ) Billing Agent Mailing Address- City 9 Billing Agent Mailing Address City 6 Billing Agent Mailing Address State No response 0 Billing Agent Mailing Address State (Abbreviate State Name) No response 6 Billing Agent Mailing Address Zip Code Billing Agent Mailing Address Zip Code Billing Agent Contact Phone Number < Billing Agent Contact Phone Number (XXx-XXX-XXXX) 6 Billing Agent Contact Extension Number 3 Billing Agent Contact Extension Number No response 6 Billing Agent Fax Number Billing Agent Fax Number No response 1 76102 8173360692 4 Billing Agent Contact E-mail Address Billing Agent Contact E-mail Address monda@gycunfomscom 6 Billing Agent Alternative E-mail Address Billing Agent Alternative E-mail Address No response o Shipping Via Common Carrier, Company Truck, Prepaid and Add to Invoice, or Other Prepaid and Add to Invoice Page 10of51 pages Vendor: Got' You Covered Uniforms 670-22 Payment Terms Net 30 9 & Note: Vendor payment terms must comply with the BuyBoard General Terms and Conditions and the Texas Prompt Payment. Act (Texas Government Code Ch. 2251). 6 Vendor's Internal/Assigned Reference/Quote Number Vendor's Internal/Assigned Reference/Quote Number No response State or Attach Return Policy Note: Only return requirements and processes will be deemed part of Vendor's return policy. Any unrelated contract terms, terms of sale, or other information not specifically related to return requirements and processes included in Vendor's return policy shall not apply to any awarded Contract unless specifically included as a deviation in the Deviation and Compliance Form and accepted by the Cooperative. return policy attached Electronic Payments Are electronic payments acceptable to your company? Yes 2 Yes 3 Credit Card Payments Are credit card payments acceptable to your company? Texas Regional Service Designation Texas Regional Service Designation - Refer to Form in Proposal Invitation The Cooperative (referred to as "Texas Cooperative" in this form andi in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas, If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. Ify you propose to serve different regions for different products or services included in your Proposal, you 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. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, 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), you must sO indicate on this form. Company Name Company Name GYC Work Wear & Uniforms Texas Regional Service Designation check the individual Regions you wish to serve. Select only one of the following options. Ifyou select "I will NOT serve all Regions of Texas", you must then AII Regions Region 1 Region 1- Edinburg DA Region 1(1) Page 1I of51 pages Vendor: Got' You( Covered! Uniforms 670-22 Region 2 Region 2- Corpus Christi ORegion 2(2) 7 Region 3 8 Region 3- Victoria Region 3 (3) Region 4 Region 4- Houston ORegion 4 (4) Region 5 Region 5- Beaumont OF Region 5( (5) Region 6 Region 6- Huntsville Region 6(6) 8 Region 7 2 Region 7- Kilgore DA Region 7(7) 8 Region 8 3 Region 8- Mount Pleasant ORegion 8 (8) 8 Region 9 4 Region 9- Wichita Falls D Region 9( (9) 8 Region 10 5 Region 10 Richardson Region 10 (10) 8 Region 11 Region 11 - Fort Worth A Region 11 (11) Region 12 Region 12 Waco OA Region 12 (12) Region 13 Region 13 Austin - Region 13 (13) Page 12of51 pages Vendor: Got You Covered Unifomms 670-22 Region 14 Region 14 Abilene Region 14 (14) 9 Region 15 0 Region 15 San Angelo DRegion 15(15) Region 16 Region 16 Amarillo Region 16 (16) 9 Region 17 2 Region 17 Lubbock D Region 17 (17) 9 Region 18 3 Region 18 Midland JA Region 18 (18) 9 Region 19 Region 19-EI Paso D Region 19 (19) 9 Region 20 o Region 20 San Antonio DRegion 20 (20) State Service Designation State Service Designation - Refer to Form in Proposal Invitation. As set forth in the Proposal Invitation, iti is the Cooperative's intent that other governmental entities in 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 this form accordingly. (Note: lfyou plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) In addition to this form, to be considered fora piggy-back award by the National Purchasing Cooperative, you must have an authorized representative sign the National Purchasing lfyous 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 clearly indicate the products or services to which the designation applies. By designating a state or states, you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either Cooperative Vendor Award Agreement that follows this form. rejection of your Proposal or, if awarded, termination of your Contract. Company Name Company Name GYC Work Wear & Uniforms Page 13of51 pages Vendor: Got You Covered Uniforms 670-22 State Service Designation Select only one of the following options. If you select "I will NOT serve all States", you must then check the individual States you wish to serve. Iwill not serve all states in the United States 9 Alabama 9 Alabama Alabama (AL) Alaska Alaska DAlaska (AK) Arizona 0 Arizona 1 DArizona (AZ) Arkansas 2 Arkansas MArkansas (AR) California California (CA) Colorado 4 Colorado Colorado (CO) Connecticut 5 Connecticut Connecticut (CT) Delaware Delaware ODelaware (DE) District of Columbia District of Columbia District of Columbia (DC) Florida & Florida OFlorida (FL) Georgia Georgia Georgia (GA) Page 14of51 pages 3 California (Public Contract Code 20118 & 20652) Vendor: Got' You Covered Uniforms 670-22 Hawaii Hawaii Hawaii (HI) Idaho Idaho Idaho (ID) llinois 2 Illinois OIllinois (IL) Indiana 1 Indiana 3 Indiana (IN) lowa 1 4 lowa Dlowa (IA) Kansas 5 Kansas OKansas (KS) Kentucky 6 Kentucky OKentucky (KY) Louisiana 7 Louisiana Louisiana (LA) Maine 8 Maine OMaine (ME) Maryland Maryland Maryland (ME) Massachusetts Massachusetts Massachusetts (MA) Michigan Michigan Michigan (MI) Page 15of5l pages Vendor: Got You Covered Uniforms 670-22 Minnesota Minnesota Minnesota (MN) Mississippi Mississippi OMississippi (MS) Missouri Missouri Missouri (MO) Montana Montana Montana (MT) Nebraska Nebraska Nebraska (NE) Nevada Nevada Nevada (NV) New Hampshire o New Hampshire ONew Hampshire (NH) 1 New Jersey 2 9 New. Jersey ONew. Jersey (NJ) New Mexico 3 New Mexico ONew Mexico (NM) New York New' York New York (NY) North Carolina North Carolina North Carolina (NC) North Dakota North Dakota North Dakota (ND) Page 16of51 pages Vendor: Got You Covered Uniforms 670-22 Ohio Ohio DOhio (OH) Oklahoma Oklahoma MOklahoma (OK) Oregon Oregon DOregon (OR) Pennsylvania 3 Pennsylvania Pennsylvania (PA) Rhode Island 8 Rhode Island ORhode Island (RI) South Carolina 9 South Carolina South Carolina (SC) 1 South Dakota 4 0 South Dakota DSouth Dakota (SD) 1 Tennessee 4 1 Tennessee Tennessee (TN) 1 Texas 4 2 Texas MTexas (TX) Utah 3 Utah DUtah (UT) Vermont Vermont Vermont (VT) Virginia Virginia Virginia (VA) Page 17of51 pages Vendor: Got You Covered Uniforms 670-22 Washington Washington Washington (WA) West Virginia West Virginia West Virginia (WV) Wisconsin 8 Wisconsin Wisconsin (WI) Wyoming 4 9 Wyoming Wyoming (WY) Bid Lines Section : UNIFORMS FOR PURCHASE- - PERFORMANCE RELATED UNIFORMS - Discount (%) off catalog/pricelist for Purchase of Band Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit be included or proposal will not be considered. No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do nol include SKU, Reference Numbers, Websites, andlor "See Altached'Enclosed", No response Page 18of5ip pages Vendor: Got' You Covered Uniforms 670-22 2 Section UNIFORMS FOR PURCHASE - PERFORMANCE RELATED UNIFORMS Discount (%) off catalog/pricelist for Purchase of Flag Corps Uniforms, Related Supplies and Accessories. Catalog/Pricelist Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit MUST be included or proposal will not be considered. No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Dor noti include SKU, Reference Numbers, Websites, and/or "See Attached'Enclosed". No response 3 Section UNIFORMS FOR PURCHASE - PERFORMANCE RELATED UNIFORMS - Discount (%) off catalog/pricelist for Purchase of Formal Wear for Bands and Orchestra, Related Supplies and Accessories (dresses, tuxedos, jackets, pants). Catalog/Pricelist MUST be included or proposal will not be Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit considered. No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Dor not include SKU. Reference Numbers, Websites. and/or "See Altached'Enclosed", No response Page 19of51 pages Vendor: Got You Covered Uniforms 670-22 Section/UNIFORMS FOR PURCHASE. PERFORMANCE RELATED UNIFORMS Discount (%) off catalog/pricelist for Purchase of Show Choir Wear, Related Supplies and Accessories.Catalog/Pricelst Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit MUST bei included or proposal will not be considered. No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line andlor catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Altached/Enclosed". No response 5 Section UNIFORMS FOR PURCHASE - PERFORMANCE RELATED UNIFORMS - Discount (%) off catalog/pricelist for Purchase of Cheerleading Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate". for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do nol include SKU, Reference Numbers, Websites, and/or' "See Altached/Enclosed", No response Page 200 of5l pages Vendor: Got You Covered Uniforms 670-22 6 Section UNIFORMS FORPURCHASE. PERFORMANCE RELATED UNIFORMS - Discount (%) off catalog/pricelist for Purchase of Drill Team Uniforms, Related Supplies and Accessories. Catalog/Pricelist Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit MUST bei included or proposal will not be considered. No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noti include SKU, Reference Numbers, Websites, andior "See Attached'Enclosed", No response Section UNIFORMS FOR PURCHASE PERFORMANCE RELATED UNIFORMS - Discount (%) off catalog/pricelist for Purchase of Dancewear, Related Supplies and Accessories. Catalog/Pricelist MUST be Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit included or proposal will not be considered. No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU. Reference Numbers, Websites, and/or "See Altached/Enclosed", No response Page 21 of5l pages Vendor: Got' You Covered Uniforms 670-22 Section UNIFORMS FOR PURCHASE PERFORMANCERELATIED UNIFORMS Discount (%) off catalog/pricelist for Purchase of All Other Performance Related Uniforms, Related Supplies and Accessories not listed above. Catalog/Pricelist MUST be included or proposal will not be considered. Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit Tota!: 15% the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noti include SKU, Reference Numbers, Websites, andior" "See Attached'Enclosed", GYC Uniforms Price List 15% Section :UNIFORMS FORI PURCHASE - WORK RELATED UNIFORMS Discount (%) off catalog/pricelist for Purchase of Public Safety (police, fire, EMS, security, etc.) Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 15% Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites. and/or "See Atached/Enclosed". GYC Uniforms Price List 15% Page 22 of51 pages Vendor: Got' You Covered Uniforms 670-22 Section :UNIFORMS FOR PURCHASE - WORK RELATED UNIFORMS - Discount (%) off catalog/pricelist for Purchase of Custodial and Maintenance Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 15% Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noti include SKU, Reference Numbers, Websites. and/or "See Attached/Enclosed". GYC Uniforms Price List 15% proposal will not be considered. Section :UNIFORMS FOR PURCHASE - WORK RELATED UNIFORMS Discount (%) off catalog/pricelist for Food Service Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST be included or Total: 15% Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noti include SKU, Reference Numbers, Websites, andlor" "See Attached'Enclosed". GYC Uniforms Price List 15% Page 23of51 pages Vendor: Got' You Covered Uniforms 670-22 Section :UNIFORMS FOR PURCHASE -WORK RELATED UNIFORMS - Discount (%) off catalog/pricelist 2 for Purchase of Medical and Nursing Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 15% Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, andlor "See Altached'Enclosed", GYC Uniforms Price List 15% Section UNIFORMS FOR PURCHASE -WORK RELATED UNIFORMS - Discount (%) off catalog/pricelist for Purchase of Business Uniforms (Career Appare!), Related Supplies and Accessories. Catalog/Pricelist Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit MUST be included or proposal will not be considered. Total: 15% the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites. andior "See AllachediEnclosed", GYC Uniforms Price List 15% Page 24 of51 pages Vendor: Got" You Covered Uniforms 670-22 Section :UNIFORMS FORI PURCHASE- -WORK RELATED UNIFORMS Discount (%) off catalog/pricelist for Purchase of Student Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST be included Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit orp proposal will not be considered. Total: 15% the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noti include SKU, Reference Numbers, Websites, andlor "See Allached'Enclosed", GYC Uniforms Price List 15% Section :UNIFORMS FOR PURCHASE WORK RELATED UNIFORMS - Discount (%) off catalog/pricelist for ARC Rated/Flame Resistant Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST be Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit included or proposal will not be considered. Total: 15% the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noti include SKU, Reference Numbers, Websites, and/or "See Attached'Enciosed". GYC Uniforms Price List 15% Page 25 of51 pages Vendor: Got) You Covered Uniforms 670-22 Section :UNIFORMS FORI PURCHASE -WORK RELATED UNIFORMS - Discount (%) off catalog/pricelist for Purchase of Industrial Towels. Catalog/Pricelist MUST be included or proposal will not be considered. Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noti include SKU, Reference Numbers, Websites, andior "See Attached'Enclosed". No response Section UNIFORMS FOR PURCHASE-WORK RELATED UNIFORMS - Discount (%) off catalog/pricelist for Purchase of All Other Work-Related Uniforms, Related Supplies and Accessories not listed above. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 15% Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers. Websites, andlor "See Altached/Enclosed", GYC Uniforms Price List 15% Page 260 of51 pages Vendor: Got You Covered Uniforms 670-22 Section I:RENTAL UNIFORMS - WORK RELATED UNIFORMS AND OTHER INDUSTRIAL PRODUCTSS - Discount (%) off catalog/pricelist for Rental of Public Safety (police, fire, EMS, security, etc.) Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Dor noti include SKU, Reference Numbers, Websites, and/or "See AttachediEnclosed". No response Section I:RENTAL UNIFORMS - WORK RELATED UNIFORMS AND OTHER INDUSTRIAL PRODUCTSS Discount (%) off catalog/pricelist for Rental of Custodial and Maintenance Uniforms, Related Supplies Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU. Reference Numbers, Websites, andlor "See Altached'Enciosed", No response Page 27of51 pages Vendor: Got You Covered Uniforms 670-22 Section :RENTAL UNIFORMS - WORK RELATED UNIFORMS AND OTHER INDUSTRIAL PRODUCTSS U Discount (%) off catalog/pricelist for Rental of Food Service Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noti include SKU, Reference Numbers, Websites, and/or "See AltachedEnclosed". No response 2 Section RENTAL UNIFORMS -WORK RELATED UNIFORMS AND OTHER INDUSTRIAL PRODUCTSS L Discount (%) off catalog/pricelist for Rental of Medical and Nursing Uniforms, Related Supplies and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing multiple manufacturer product lines andlor catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU. Reference Numbers, Websites, and/or "See Allached/Enclosed", No response Page 28 of5l pages Vendor: Got You Covered Uniforms 670-22 Section I:RENTAL UNIFORMS - WORK RELATED UNIFORMS AND OTHER INDUSTRIAL PRODUCTSS - Discount (%) off catalog/pricelist for Rental of Business Uniforms (Career Apparel), Related Supplies and Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites. andlor "See Altached/Enclosed", No response Section RENTAL UNIFORMS - WORK RELATED UNIFORMS AND OTHER INDUSTRIAL PRODUCTSS 3 Discount (%) off catalog/pricelist for Rental of All Other Work-Related Uniforms, Related Supplies and Accessories not listed above. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, andior "See Attached/Enclosed", No response Page 29 of51 pages Vendor: Got You Covered Uniforms 670-22 Section :RENTAL UNIFORMS - WORKI RELATED UNIFORMS AND OTHERINDUSTRIAL PRODUCTSS 4 Discount (%) off catalog/pricelist for Rental of Industrial Towels. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noti include SKU, Reference Numbers, Websites, andlor "See AllachediEnclosed", No response Section RENTAL UNIFORMS - WORK RELATED UNIFORMS AND OTHER INDUSTRIAL PRODUCTSS Discount (%) off catalog/pricelist for Rental of Industrial Mats. Catalog/Pricelist MUST bei included or proposal will not be considered. No Bid Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noli include SKU, Reference Numbers, Websiles, andior "See Atached'Enclosed". No response Page: 30 of5l pages Vendor: Got You Covered Uniforms 670-22 Section :RENTAL UNIFORMS - WORKI RELATED UNIFORMSAND OTHER INDUSTRIAL PRODUCTSS Discount (%) off catalog/pricelist for Rental of Industrial Mop Service. Catalog/Pricelist MUST be included or Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit proposal will not be considered. No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Dor noti include SKU, Reference Numbers, Websites, andlor" "See Attached/Enciosed". No response Section RENTAL UNIFORMS - WORK RELATED UNIFORMS AND OTHER INDUSTRIAL PRODUCTSS L Discount (%) off catalog/pricelist for Rental of ARC Rated/Flame Resistant Uniforms, Related Supplies Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do nol include SKU, Reference Numbers. Websites. and/or "See Attached'Enclosed". No response Page 31 of5l pages Vendor: Got' You Covered Uniforms 670-22 Section RENTAL UNIFORMS - WORK RELATED UNIFORMS AND OTHER INDUSTRIAL PRODUCTSS & Discount (%) off catalog/pricelist for of All Other Industrial Uniform, Related Products, Supplies and Accessories not listed above. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist Vendor's must list one specific percentage discount for each manufacturer and/or proposed catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do noti include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed", No response 2 Section IV: Proposal No. 670-22 = Uniforms and Accessories: EVALUATION ITEMS for RENTAL UNIFORMS- Evaluation Item No. 1 -Uniform Clothing Rental: Executive Shirt; long sleeve; 100% cotton; Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the BuyBoard weekly rental unit price. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following BuyBoard Price (catalog price for Rental of Clothing Item less (minus). discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item Page 32of51 pages Vendor Got' You Covered Unifomms 670-22 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) Non response DYes (Yes) ONo (No) No response No response 6. Ifchecked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) SectionIV: Proposal No. 670-22 - Uniforms and Accessories: EVALUATION ITEMS for RENTAL UNIFORMS- Evaluation Item No. 2 -Industrial Work Shirt; long sleeve, synthetic blend; BuyBoard weekly Item Notes: 1.Information under Section Vlis requested and will be used only for purposes of assisting in the rental unit price. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FORI EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus). discount proposed to BuyBoard E BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response Nor response OYes (Yes) ONo(No) Page 33of51 pages 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) Vendor: Got You Covered Uniforms 670-22 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) No response No response] Section IV: Proposal No. 670-22- Uniforms and Accessories: EVALUATION ITEMS for RENTAL UNIFORMS- Evaluation Item No. 3 -Industrial Work Shirt; stripe, long sleeve, synthetic blend; BuyBoard Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the weekly rental unit price. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard E BuyBoard Weekly. Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes Nor response No response No response No response OYes (Yes) ONo (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 34 of5l pages Vendor: Got' You Covered Uniforms 670-22 Section IV: Proposal No. 670-22- Uniforms and Accessories: EVALUATION ITEMS for RENTAL UNIFORMS- Evaluation Item No. 4 -Button Down Shirt; long sleeve; 100% cotton; BuyBoard weekly rental unit Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the price. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FORI EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard - BuyBoard Weekly. Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes Nor response No response No response No response Yes (Yes) No (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 35 of51 pages Vendor: Got You Covered Uniforms 670-22 Section IV: Proposal No. 670-22-Uniforms and Accessories: EVALUATION ITEMS for RENTAL 3 UNIFORMS- Evaluation Item No. 5 -Industrial Pants; synthetic blend; BuyBoard weekly rental unit price. Item Notes: 1.nformation under Section VI is requested and will be used only for purposes of assisting in the No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following |BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price)). Weekly rental priçing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response No response DYes (Yes) ONo (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. Ifc checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 36of51p pages Vendor: Got' You Covered Uniforms 670-22 Section IV: Proposal No. 670-22-1 Uniforms and Accessories: EVALUATION ITEMS for RENTAL UNIFORMS- Evaluation Item No. 6 Exeçutive Slacks; Cotton; BuyBoard weekly rental unit price. Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response No response Yes (Yes) ONo( (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 37of51 pages Vendor: Got You Covered Uniforms 670-22 Section IV: Proposal No. 670-22-Uniforms and Accessories: EVALUATION ITEMS for RENTAL UNIFORMS- Evaluation Item No. 7 -Blue Denim Jeans; Cotton; BuyBoard weekly rental unit price. Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWINGEVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, ini its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response] No response Yes (Yes) ONo( (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 380 of51 pages Vendor: Got You Covered Uniforms 670-22 Section IV: Proposal No. 670-22- Uniforms and Accessories: EVALUATION ITEMS for RENTAL 6 UNIFORMS- Evaluation Item No. 8- 4X6 Floor Mat; per item; BuyBoard weekly rental unit price. Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION! ITEMS MUST BECOMPLETED FOR EITHER' THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus). discount proposed to BuyBoard BuyBoard Weekly. Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shal! submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response No response! OYes (Yes) ONo( (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 39 of 51j pages Vendor: Got' You Covered Uniforms 670-22 Section IV: Proposal No. 670-22 - Uniforms and Accessories: EVALUATIONI ITEMS for RENTAL UNIFORMS- Evaluation Item No. 9-Dry Mop; Treated; 36 inches, per item; BuyBoard weekly rental unit price. Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any oft the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED, pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response No response DYes (Yes) ONo (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 40 of5l pages Vendor: Got' You Covered Uniforms 670-22 Section IV: Proposal No. 670-22 - Uniforms and Accessories: EVALUATION ITEMS for RENTAL & UNIFORMS- Evaluation Item No. 10 Name Tags; per item; BuyBoard weekly rental unit price. Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT, Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following BuyBoard Price (catalog price for Rental of Clothing Item less (minus). discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any oft the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response No response DYes (Yes) ONo(No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 41 of5l pages Vendor: Got' You Covered Uniforms 670-22 Section IV: Proposal No. 670-22- Uniforms and Accessories: EVALUATION ITEMS for RENTAL 9 UNIFORMS - Evaluation Item No. 11-P Prep Charges; per item; BuyBoard weekly rental unit price. Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, ini its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response No response OYes (Yes) ONo( (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. Ifo checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 42 of51 pages Vendor: Got) You Covered Uniforms 670-22 Section IV: Proposal No. 670-22 - Uniforms and Accessories: EVALUATION ITEMS for RENTAL 0 UNIFORMS- Evaluation Item No. 12- - Emblem; per item (print or embroidery); BuyBoard weekly rental unit Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the price No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATIONI ITEMS MUST BECOMPLETED FORI EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard - BuyBoard Weekly Rental Unit Price)l. Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, ini its sole discretion, whether or not to exempt a' Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes Nor response No response No response No response J Yes (Yes) ONo (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 43 of5l pages Vendor: Got You Covered Uniforms 670-22 Section IV: Proposal No. 670-22-Uniforms and Accessories: EVALUATION ITEMS for RENTAL UNIFORMS- Evaluation Item No. 13-Emblem 2; per item (print or embroidery); BuyBoard weekly rental unit Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the price. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following |BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes Nor response No response No response No response] OYes (Yes) ONo( (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. Ifc checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 44 of51 pages Vendor: Got You Covered Uniforms 670-22 Section IV: Proposal No. 670-22-Uniforms and Accessories: EVALUATIONI ITEMS for RENTAL Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the 2 UNIFORMS- Evaluation Item No. 14-Environmental Fee. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUSTI BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing, Item less (minus) discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes Nor response No response No response No response OYes (Yes) No( (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 45 of5l pages Vendor: Got' You Covered Uniforms 670-22 Section IV: Proposal No.670-22-1 Uniforms and Accessories: EVALUATION ITEMS for RENTAL Item Notes: 1.Information under Section Vlis requested and will be used only for purposes of assisting in the 3 UNIFORMS- Evaluation Item No. 15-Energy Surcharge. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus). discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select' "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response No response DYes (Yes) ONo( (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 460 of5lp pages Vendor: Got' You Covered Uniforms 670-22 Section IV: Proposal No. 670-22 - Uniforms and Accessories: EVALUATIONI ITEMS for RENTAL Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the UNIFORMS- Evaluation Item No. 16 - Initial Set Up Charges. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FORI EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard - BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response No response DYes (Yes) ONo(No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6.Ifchecked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 47of51 pages Vendor: Got' You Covered Uniforms 670-22 Section MV: Proposal No.670-22-1 Uniforms and Accessories: EVALUATION ITEMS for RENTAL Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the UNIFORMS- Evaluation Item No. 17 - Swing Suit Charges. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus)discount proposed to BuyBoard BuyBoard Weekly Rental Unit Price)l. Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, ini its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes Nor response No response No response No response OYes (Yes) ONo( (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 48 of51 pages Vendor: Got' You Covered Uniforms 670-22 Section IV: Proposal No. 670-22- Uniforms and Accessories: EVALUATIONI LITEMS for RENTAL Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the 6 UNIFORMS- Evaluation Item No. 18 Minimum Stop Size Fee. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only ify you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus)discount proposed to BuyBoard B BuyBoard Weekly Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No responsel No response Oyes (Yes) ONo( (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. If checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PERI PERSON (Specified Uniform Sets Per Program) Page 49 of51 pages Vendor: Got You Covered Uniforms 670-22 Section IV: ProposalNo. 670-22- Uniforms and Accessories: EVALUATIONI ITEMS for RENTAL Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the UNIFORMS- Evaluation Item No. 19 Image Guard Fee. No Bid evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT, Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard =BuyBoard Weekly Rental Unit Price). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response No response DYes (Yes) ONo( (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6.Ifc checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Page 50of51 pages Vendor: Got' You CoveredUniforms 670-22 Section IV: Proposal No. 670-22-Unifermsand. Accessories: EVALUATION ITEMS for RENTAL Item Notes: 1.Information under Section VI is requested and will be used only for purposes of assisting in the 8 UNIFORMS- Evaluation Item No. 20 - Deposit Charge. No Bid evaluation of Vendor's price compettiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BECOMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only ify you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILLNOT BE 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following [BuyBoard Price (catalog price for Rental of Clothing Item less (minus) discount proposed to BuyBoard - BuyBoard Weekly. Rental Unit Price)). Weekly rental pricing shall be inclusive of pickup, launder, 3.Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid.". The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on CONSIDERED. pricing structure. repairs, and delivery. all information provided with the Proposal. Item Attributes No response No response No response No response Yes (Yes) No (No) No response No response 1. UNIFORM RENTAL (Catalog Name as stated in proposal) 2. Catalog Page No. of RENTAL Clothing Item 3. Catalog Price of RENTAL Clothing Item 4. UNIFORM RENTAL (Discount % Stated in Proposal) 5. No. of RENTAL Units Billed (11 Sets Program) 6. Ifo checked "No" above, enter number of sets in proposed weekly rental program 7. WEEKLY RENTAL COST PER PERSON (Specified Uniform Sets Per Program) Response Total: $0.00 Page 51 of51 pages Vendor: Got You Covered Uniforms 670-22 GYC Uniforms - Return Policy If for any reason you are not completely satisfied with your purchase, simply return the item to us within 30 days of receipt in its original condition. If the item has been worn or washed or has been customized in any of thei following ways: with emblems, altered; silkscreen or embroidery please call us to advise us of the return and the reason for the return. Depending on the nature of the return a small service charge may be applied to your return, If the packing slip is no longer available, call us to discuss your return so that we can be ready to receive the items properly. Please return thei item(s) via at traceable or insured method to prevent the package from being lost ini the mail. We are not responsible for returned items that are lost in transit. AGENDA REQUEST ORDINANCE RESOLUTION 2K NO: 2024- CAPTION: An Ordinance authorizing and approving the extension of the commercial moratorium imposed by the City of Pasadena, Texas on the issuance of permits for the placement and installation of Battery Energy Storage Systems (BESS) facilities within the jurisdiction of the City RECOMMENDATIONS & JUSTIFICATION: The City has been actively and diligently engaged in its assessment of regulations and applicable laws related to the growing demand for Battery Energy Storage Systems in the State of Texas and the City of Pasadena and requests extension of the commercial moratorium imposed on October 8, 2024 in order to complete its review and implement changes to the City's s Code of Ordinances as pertains to development of BESS facilities within the City's jurisdiction (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT(S) AFFECTED: REQUIRES APPROPRIATIONE See attached Certification Milisaldnz Melissa Tamez COUNCIL ACTION DATE:12/10/24 REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT SECOND SECOND APPROVED: NW D4 CITY ATTORNEY DATE DEFERRED: DATE OEAw MAYOR ORDINANCE NO. 2024- AN ORDINANCE AUTHORIZING AND APPROVING THE EXTENSION OF THE COMMERCIAL MORATORIUM IMPOSED BY THE CITY OF PASADENA, TEXAS ON THE ISSUANCE OF PERMITS FOR THE PLACEMENT AND INSTALLATION OF BATTERI ENERGY STORAGE SYSTEMS (BESS) FACILITIES WITHIN THE JURISDICTION OF THE CITY. WHEREAS, under Article XI, Section 5 of the Texas Constitution, the City of Pasadena is a home-rule municipality having the full power of local self-government, and as set forth in Section 51.072 of the Texas Local Government Code, may exercise that authority independent of the powers expressly granted it under the Texas Local Government Code; and WHEREAS, the City Council has previously made the following findings by Ordinance 2024-198, that there is a growing demand for Battery Energy Storage Systems (BESS) in the State of Texas and within the City of Pasadena due to increased demand for renewable electricity; and WHEREAS, that information reasonably available to the City, justified the need for the moratorium as existing ordinances, regulations and other applicable laws are inadequate to prevent new development of BESS facilities within the City from being detrimental to the public health, safety or welfare of the residents of the City of Pasadena; and WHEREAS, that the Ordinance imposing the moratorium applies to any BESS facility location within the City and its ETJ, AEAS,AORIHORATOR.EAT collecting energy from the grid, storing energy, or discharging energy to provide electricity or other grid services when needed, typically at times of high demand; and WHEREAS, that the information herein describes the nature of the potential for harm that may occur to the public health, safety and welfare of the citizens of Pasadena from the installation of BESS facilities to include the following: available evidence shows there have been fires reported at various BESS facilities nationwide and that BESS facilities that use lithium-ion batteries create particularly unique fire and explosion hazards including the risk of the battery's temperature rising above a critical threshold, creating excessive heat energy rapidly and uncontrollably and can lead to release of toxic and flammable gasesi and WHEREAS, that after a fire, there may be energy remaining with the BESS facility which can be difficult to discharge and creates a hazard to anyone performing repairs and poses a shock hazard; and WHEREAS, that the City of Pasadena has received several inquiries from prospective developers proposing BESS facilities on land within and owned by the City of Pasadena; and WHEREAS, that the potential for development of new commercial BESS facilities within the City of Pasadena without AIAS_AORIWORATOA.EXT adequate land use policies and standards in place to prevent potentially catastrophic interference with nearby neighborhood. presents a current and continuing threat to the public's safety and welfare, and the approval of land use, floodplain development permits, site plan permits, building permits, certificates of occupancy or other applicable entitlements for such uses would result in that threat to public health, safety and welfare; and WHEREAS, that the existing commercial development ordinances or regulations and other applicable laws are inadequate to prevent new development of BESS facilities within the City from being detrimental to the public health, safety, or welfare of the residents of the City; and WHEREAS, that the objectives or goals to be achieved by adopting new ordinances or regulations for BESS facilities include the identification and articulation of development standards, of specific fire safety standards, of liability insurance requirements, of environmental risk and risk assessment concerning BESS facility decommissioning procedure liability and related security bond obligations; and WHEREAS, that the moratorium imposed by the City of Pasadena on the issuance of permits for the placement and installation of BESS facilities within the City relates to the preservation of the public peace, health, safety, and/or welfare ALAS_AORWORATOR.EXT of the citizens and following its adoption will expire 90 days therefrom, unless extended prior to that date after notice and hearing; and WHEREAS, the City has been actively and diligently engaged in its assessment of regulations and applicable laws related to the growing demand for Battery Energy Storage Systems in the State of Texas and the City of Pasadena and has draft language for an ordinance; and WHEREAS, the City, in an effort to avoid any bias in its regulations, is in addition to researching, reviewing and drafting language pertaining to the regulation of BESS facilities for the Code of Ordinances, requesting additional time to conduct review of its draft language by a consultant with special knowledge in the area of BESS development and to receive input from CenterPoint Energy before completing its review and making recommendations; and WHEREAS, the City is preparing an RFQ for selection of a consultant to assist with this process and will provide the selected consultant with a limited timeline in which the requested review and findings are to be provided to City; and WHEREAS, the City of Pasadena after a public hearing held on December 17, 2024 to hear residents and affected parties on the proposed extension of the moratorium imposed on October 8, ALAS_AORIORATOR.EKT 2024, finds that extending the moratorium for a 90 day period from January 6, 2025, the date it is due to expire, is necessary in order to conduct further studies, receive consultant and CenterPoint Energy feedback, and complete interdepartmental review; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby makes findings as heretofore stated and adopts the preamble to this Ordinance. SECTION 2. That the City Council finds it is in the best interest of the City and does hereby extend the commercial moratorium imposed on the issuance of permits for the placement and installation of Battery Energy Storage Systems (BESS) facilities within the jurisdiction of the City of Pasadena, Texas as established by Ordinance 2024-198 for a 90-day period past January 6, 2025, the date it was due to expire. SECTION 3. That during such extension period of the moratorium, the City may continue its studies and engage necessary consultants to assist with completion and review of its draft regulations and ordinance as applicable to BESS facilities. SECTION 4. That the definitions and penalties for land use violations that area prescribed in Chapter 9, Article 7, Code of Ordinances of the City of Pasadena shall apply to violations of the provisions of this ordinance. AUAS_AORLWORATOR.EXT SECTION 5. That if any provision of this ordinance or the application of it to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of the ordinance are declared to be severable. 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 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. AGAS_ AORIWORATOR.EXT 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 ALAS_AORWORATOR.EAT C gi ORDINANCE AGENDA REQUEST RESOLUTION ResoA NO: 2024- CAPTION: Donation to Madison Jobe Senior Center for Bunco lunch valued at $300.00 dollars from Maria Elena & Ramiro Ramirez. 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:11/21/2024 PARTY (Jed Aplaca) FIRST READING: FINAL READING: h BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT APPROVED: L SECOND SECOND DATE DEFERRED: DATE AEAMEN MAYOB/ RESOLUTION NO. 2024- A Resolution accepting an in-kind donation for Bunco Lunch valued at $300.00 from Maria Elena & Ramiro Ramirez for use by the Parks and Recreation Department in connection with Madison Jobe Senior Center. WHEREAS, Maria Elena & Ramiro Ramirez have made a donation for Bunco lunch valued at $300.00 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 Maria Elena & Ramiro Ramirez and accepts a donation for Bunco lunch valued at $300.00 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 confirms such written notice and the contents and posting thereof. DonationPeR.SrCenter-(3)Ramirez24 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 DonationPeR.SrCenter-O)Ramirezz4 AGENDA REQUEST Pyarda ORDINANCE RESOLUTION ReB NO: 2024- CAPTION: A resolution authorizing the Pasadena Parks and Recreation Department to accept $500.00 from Shell Federal Credit Union. RECOMMENDATIONS & JUSTIFICATION: This is sponsorship for the City of Pasadena Christmas Tree Lighting Event. (IFA ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT(S) AFFECTED: REQUIRES APPROPRIATION: See attached Certification COUNCIL ACTION DATE:11/19/2024, PARTY (Jed Aplaca) FIRST READING: FINAL READING: A BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT APPROVED: CITY yk MAYOR, SECOND SECOND DATE DEFERRED: DATE OGAwPp RESOLUTION NO. 2024- A Resolution authorizing the Pasadena Parks and Recreation Department to accept a donation of $500.00 from Shell Federal Credit Union as a sponsorship for the City of Pasadena Christmas Tree Lighting Event. WHEREAS, Shell Federal Credit Union has donated $500.00 for use by the Parks and Recreation Department as a sponsorship for the City of Pasadena 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 Shell Federal Credit Union and accepts the $500.00 donation for use by the Parks & Recreation Department in connection with the City of Pasadena 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. DonationPaR.Christaaralgntinysneacreditun24 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 DonationPaR.ChristaaTealigntimyshallFeacreditun2 AGENDA REQUEST ORDINANCE RESOLUTION NO: 2024- Resoc CAPTION: A resolution authorizing the Mayor, on behalf of the Pasadena Police Department to accept donations from United Providers of Texas LLC ($1000.00), Cherrybrook Place ($500.00), Copper Ridge Apartments ($500.00), London Belle Apartments ($500.00) and Action Towing, Inc. ($150.00) for the Pasadena Police Department 2024 Blue Family Thanksgiving RECOMMENDATIONS & JUSTIFICATION: Recommendation that City Council accept the donations of $2,650.00 from the companies listed above to be used by the Police Department for the 2024 Blue Family Thanksgiving Program. Program totaling the amount of $2650.00. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT(S) AFFEÇTED: REQUIRES APPROPRIATION: See attached Certification COUNCIL ACTION ALK AstChif Jerry Wright, Chief of Police Requesting Party DATE:12/3/2024 FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT APPROVED: CITY ATTORNEY lL MAYOR SECOND SECOND DATE DEFERRED: DATE Dawy RESOLUTION NO. 2024- A Resolution authorizing the Mayor of the City of Pasadena on behalf of the Pasadena Police Department to accept donations from United Providers of Texas LLC ($1,000.00), Cherrybrook Place ($500.00), Copper Ridge Apartments ($500.00), London Belle Apartments ($500.00) and Action Towing, Inc. ($150.00) for the Pasadena Police Department 2024 Blue Family Thanksgiving Program totaling the amount of $2650.00 WHEREAS, various donations were made from United Providers of Texas LLC ($1,000.00), Cherrybrook Place ($500.00), Copper Ridge Apartments ($500.00), London Belle Apartments ($500.00) and Action Towing, Inc. ($150.00) for the Pasadena Police Department 2024 Blue Family Thanksgiving Program totaling the amount of $2650.00; 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 United Providers of Texas LLC ($1,000.00), Cherrybrook Place ($500.00), Copper Ridge Apartments ($500.00), London Belle Apartments ($500.00) and Action Towing, Inc. ($150.00) for the Pasadena Police Department 2024 Blue Family Thanksgiving Program totaling the amount of $2650.00. 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, Donationtp.arioustonpriwratafhanksgivingtventz 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 thereot. 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 DonationPp.VariousMonetarypon-slueFamrhanksgivingEvent24 AGENDA REQUEST ORDINANCE RESOLUTION & ResoD NO: 2024- CAPTION: Donation to the Pasadena Police Department in the amount of $5000 from LyondellBasell. RECOMMENDATIONS & JUSTIFICATION: A donation to the Pasadena Police Department from LyondellBasell as part of their charitable contributions program, which makes meaningful and lasting investments to first responder agencies that help keep communities safe. This donation will fund equipment to further the Pasadena Police Department drone program and enhance public safety through the deployment of drones during investigations. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT (S) AFFECTED: REQUIRES APPROPRIATION: See attached Certification MwDplt COUNCIL ACTION Jerry Wright, 'Chief of Police REQUESTING PARTY (TYPED) DATE: FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT APPROVED; SECOND SECOND DATE DEFERRED: DATE QEfawr MAYOR/ RESOLUTION NO. 2024-. A Resolution authorizing the Mayor, on behalf of the Pasadena Police Department, to accept a donation of Five Thousand and No/100 ($5,000.00) Dollars from Lyondell Chemical Company for use by the Pasadena Police Department. WHEREAS, Lyondell Chemical Company has donated Five Thousand and No/100 ($5,000.00) Dollars for use by the Pasadena Police Department to fund equipment to further the Pasadena Police Department drone program and enhance public safety through the deployment of drones during investigation; 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 Lyondell Chemical Company and accepts a donation of Five Thousand and No/100 ($5,000.00) Dollars for use by the Pasadena Police Department to fund equipment to further the Pasadena Police Department drone program and enhance public safety through the deployment of drones during investigation. 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 Pomationpp.lyemaell-spepAcegePicgtPusatety,4.doe 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 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 DonationPD.Lyondell-Equipmen-DroneProgiPubSafety24.doc AGENDA REQUEST op5 ORDINANCE RESOLUTION 2024- ReSoENo CAPTION: A resolution for Pasadena Food Drive to accept a monetary donation from Bob's Truck Care, Inc. The Pasadena Food Drive was held on November 20, 2024. RECOMMENDATIONS & JUSTIFICATION: A resolution to accept a monetary donation from Bob's Truck Care, Inc. with a total of $500 for Pasadena Food Drive T-shirts. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT(S) AFFECTED: REQUIRES APPROPRIATION: See attached Certification COUNCIL ACTION houiloull DATE:11/27/2024 REQUESTING PARTY Lorrie Jowell FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT SECOND SECOND APPROVED: CITY MAYOR DATE DEFERRED: DATE A DEAwy RESOLUTION NO. 2024- A Resolution accepting various monetary donations for a total of $800.00 from various donors and business partners for use by Volunteer Pasadena in connection with the Pasadena Food Drive held on November 20, 2024. WHEREAS, various donors and business partners have made various monetary donations for a total of $800.00 for use by Volunteer Pasadena in connection with Pasadena Food Drive held on November 20, 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 various donors and business partners and accepts various monetary donations for a total of $800.00 for use by Volunteer Pasadena in connection with Pasadena Food Drive held on November 20, 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 thereot. DomationveiPas.Pasrrodbrive-ariousronorssBus0)22 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 DonationvolPas.Pasfeodbrive-ariousronorsibus(3)22 AGENDA REQUEST pa ORDINANCE RESOLUTION ResoF NO: 2024- CAPTION: A resolution for Pasadena Food Drive to accept monetary donations from various donors and business partners for Pasadena Food Drive 2024. The Pasadena Food Drive was held on November 20, 2024. RECOMMENDATIONS & JUSTIFICATION: A resolution to accept monetary donations from Ernie's Café and Catering, LLC. $500.David and Leah Mcwhinnie $200. Richard and Maria Guerrero $100.The total of monetary donations is $800. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT(S) AFFECTED: REQUIRES APPROPRIATION: See attached Certification COUNCIL ACTION deuifpuell DATE:11/27/2024 REQUESTING PARTY Lorrie Jowell FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT SECOND SECOND APPROVED: CITY MAYOR DATE DEFERRED: DATE A DAAurp RESOLUTION NO. 2024- A Resolution accepting various monetary donations for a total of $800.00 from various donors and business partners for use by Volunteer Pasadena in connection with the Pasadena Food Drive held on November 20, 2024. WHEREAS, various donors and business partners have made various monetary donations for a total of $800.00 for use by Volunteer Pasadena in connection with Pasadena Food Drive held on November 20, 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 various donors and business partners and accepts various monetary donations for a total of $800.00 for use by Volunteer Pasadena in connection with Pasadena Food Drive held on November 20, 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. DomationvolPas.Pasrdbprive-ariouspenorsBus0)22 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 DonationvolPas.PasFoodprive-VariousDonors6Bus(3)22 Donor Event Amount Richard & Maria Guerrero David & Leah McWhinnie Ernie's Café and Catering Food Drive $100 Food Drive $200 Food Drive $500 Food Drive Food Drive Food Drive Food Drive Food Drive Food Drive Food Drive Food Drive Food Drive $ 800.00 AGENDA REQUEST vgi ORDINANCE RESOLUTION NO: Reso6 2024- CAPTION: A Resolution nominating PCI Nitrogen to the Office of the Governor Economic Development and Tourism (EDT)through the Texas Economic Development Bank (Bank) as an Enterprise Project. RECOMMENDATIONS & JUSTIFICATION: To provide economic development incentives for the retention and creation of jobs by nominating qualified industries for participation through the Texas Economic Development Bank in the Texas Enterprise Zone Program. PCI Nitrogen is a qualified business for this economic incentive participation. Job retention and creation is in the best interest of the ETJ of Pasadena. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT(S) AFFECTED: REQUIRES APPROPRIATION: See attached Certification heha Rick Guerrero COUNCIL ACTION wizofa DATE:. REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT APPROVED: CITY m MAYOR SECOND SECOND DATE DEFERRED: DATE OEAwry RESOLUTION NO. 2024- A Resolution nominating PCI Nitrogen to the Office of the Governor Economic Development and Tourism (EDT) through the Texas Economic Development Bank (Bank) as an Enterprise Project. WHEREAS, the City of Pasadena, Texas (City) has previously passed Ordinance Nos. 2010-159 and 2010-160 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same on this date as were outlined in Ordinance Nos. 2010-159 and 2010-160; WHEREAS, PCI Nitrogen is in the extraterritorial jurisdiction of the City of Pasadena, Texas; WHEREAS, the Office of the Governor Economic Development and Tourism (EDT) through the Economic Development Bank (Bank) will consider PCI Nitrogen as an enterprise project pursuant to a nomination and an application made by the Cityi WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), PCI Nitrogen has applied to the City for designation as an enterprise project; WHEREAS, the City finds that PCI Nitrogen meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. PCI Nitrogen is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site not located in an enterprise zone and at least thirty- five percent (35.08) of the business' new employees will be residents of an enterprise zone, economically disadvantaged individuals, or veterans; and 2. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 3. The designation of PCI Nitrogen as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. WHEREAS, the City finds that PCI Nitrogen meets the criteria for tax relief and other incentives adopted by the City and nominates PCI Nitrogen for enterprise project status on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability; WHEREAS, the City finds that it is in the best interest of the City to nominate PCI Nitrogen as an enterprise project pursuant to the Act; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA, TEXAS: SECTION 1. That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted and the City Council adopts the preamble to this Resolution. SECTION 2. That PCI Nitrogen is a "qualified business," as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F of the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the agency and terminate after five years. 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 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 MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS JAY DALE CITY ATTORNEY CITY OF PASADENA, TEXAS RICK GUERRERO DIREÇTOR OF ECONOMIC DEVELOPMENT CITY OF PASADENA, TEXAS THE STATE OF TEXAS COUNTY OF HARRIS I, of the City of Pasadena, Texas do hereby certify that the above and foregoing is a true and correct copy of Resolution Number 2024- City Council on this (City Seal) passed by the City of Pasadena, Texas day of 2024. AMANDA MOELLER City Secretary THE STATE OF TEXAS COUNTY OF HARRIS personally appeared BEFORE ME, the undersigned authority, on this day Pasadena, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and of the City of consideration therein expressed. GIVEN under my hand and seal of office this day of 2024. Notary Public, State of Texas expires: My commission (Notary Seal) KING & SPALDING King & Spalding LLP 17001 Pennsylvania Avenue, NW Suite 900 Washington, DC20006-4707 Tel: +12027370500 Fax: +12026263737 www.kslaw.com Stephanie' Yarbrough Partner Direct Dial: +12026268977 yatbrough@kslaw.com November 15, 2024 VIA EMAIL Karina Tomlinson Economic Development Manager 1149 Ellsworth, Pasadena, TX 77506 ktomlinson@pasadenaedc.com JeffWagner, Mayor 1149 Ellsworth Drive Pasadena, TX 77506 hemayorepasacenirgow Amanda Mueller, City Secretary 1149 Ellsworth Drive Pasadena, TX77506 mucler@pasaocmaingox Jay Dale, City Attorney 11491 Ellsworth Drive Pasadena, TX7 77506 dale@pasadenatx.gov RE: Texas Enterprise Zone Program Enterprise Project Application ("Application") Letter To whom it may concern, This firm represents PCI Nitrogen (the "Client") regarding the submission of their Application for Project Pine (the "Project"). This letter is submitted to the City of] Pasadena, TX, requesting nomination ofthe Site (as defined herein), to bei nominated as a' Texas Enterprise Zone, In 2016, Elio Mazzella Sr. and Elio Mazzella Jr. acquired the Client as part of the Mazzella family's business holdings. Operating as an independent company, the Client specializes in The Client'sh headquarters is located at 71 Renaissance Square, White Plains, NY 10601.Their plant at 2001 Jackson Road, Pasadena, TX, was acquired in 2016, then employed 129 employees. in accordançe with Tex. Gov'tCode $2303. producing fertilizer products primarily for domestic markets. Today, the Client currently employs 155 at this location. As a global leader in the production and distribution of bulk chemical fertilizers and industrial chemicals, the Client is amongst the largest producers ofs synthetic granular ammonium sulfate inl North. America. The Client's business primarily supplies various types of fertilizer to North American farmers, along with supplying industrial customers with industrial products for water treatment and large-scale mining operations. Their transportation needs are met through a mix of ground (truck and rail) and water transportation, utilizing seabound vessels and domestic barges. The Client generates annual revenue between $250 million and $400 million. The Client's export activity has shifted over time. In 2016, exports accounted for approximately 20-30% ofs shipments, but today exports represent only about 5%, with most products now serving the North American market. The Client also began importing sulfuric acid in 2016, which has grown significantly from zero to over 200,000 tons in 2024. The Client's current facility is located at 2001 Jackson Rd, Pasadena, TX 77506, Parcel ID: 0450020010030, (the "Original Site"). They plan to expand this facility as part of the Project to 2000 Davison Road, Pasadena, TX 77506, Parcel ID: 0410340010005, and 2000 Jefferson Road Pasadena, TX 77506, Parcel ID 0450020030083 (collectively the "Expansion Site," and collectively with the Original Site, the "Site"). The Expansion Site includes the granular fertilizer plant and bulk fertilizer warehouse storage buildings but currently Since 2016, the Client's production capacity has increased through debottlenecking efforts and the addition of new product lines and activities. To support these expansions, they have added 100,000 tons of storage capacity and enhanced logistical assets. Older, unused façilities are being removed. It appears the Client has about 20 acres for redevelopment, and there is also over a mile ofwaterfront needing revitalization to support current and future operations. The Project timeline is anticipated to run from 2024 to 2028, with a detailed description of has no employees. planned. capitaliny TVEsPERIs, Component: as Plleymilion 2024: $2.0 million 2025: $6.0 million Expansion Component: Berth 1 (Ammonia Dock): $3-5 million Berth 3 (In & Outbound): $8-10 million Berth 4 (Rock Dock): $5-7: million Berth 5 (Sulfur Dock): $6-10 million Berth 6 (Panamax): 2026: $2 million 2027: $17-27 million 2028: $1 million Replace existing Dry Storage: 2025: $1 million 2026: $22-27 million 2027: $2 million Total Estimated Capital Expenditures: $75-100 million As summary ofjobs to be created for benefit during the designation period is as follows: 2managerial positions 1professional position ltech position 2sales positions 5clerical positions 3craftsman positions 6operator positions 101 labor positions 3service/maintenance positions 1supervisor position Total of34j positions created from 2024 to 2028 Wages between $40/hour to $50/hour We appreciate your consideration oft this request and look forward to working together to achieve Texas Enterprise Zone designation for the Site. Ifyou should have any questions or need additional information, please do not hesitate to call me at (843)860-1518. Very truly yours, Staphanee gfarbrough Stephanie Yarbrough Enclosures Original Site 0450020010030 Census Block Group 1 Tract FIPS 324102 Full FIPS Area in square miles 7.19 2001 Jackson Rd, Pasadena, TX77506, Parcel ID: 482013241021 TexaiEnterprse Zones Expansion Site 2000 Davison Road, Pasadena, TX: 77506, Parcel ID:0410340010005 Texas Enterprise Zones a5 a'reB Bese 201DBec-Groups 2010BccGrovps 2000DAMOARD: Pasadenx xa :e Census Block Group 1 Tract FIPS 324102 Full FIPS Area in square miles 7.19 482013241021 2000 Jefferson Road Pasadena TX 77506, Parcel ID: 0450020030083 TexasEnterprise Zones TES-wRg :e Census Block Group 1 Tract FIPS 324102 Full FIPS Area in square miles 7.19 482013241021 e: AGENDA REQUEST e ORDINANCE RESOLUTION NO: 2024- ResoH CAPTION: A resolution on behalf of the Pasadena Police Department to apply for the FY25 Motor Vehicle Crime Prevention Authority, SB224 Catalytic RECOMMENDATIONS & JUSTIFICATION: The grant will be used to purchase multiple Flock cameras to continue to enhance public safety by rapidly reading license plates to identify stolen vehicles or vehicles used in the commission of crimes. Additionally, Crime Tracer will be purchased, which is a data sharing platform among law enforcement agencies to share and track information to enhance the ability to apprehend criminals and detect organized criminal organizations. There is a 20% match for this grant in Converter Grant in the amount of $222,200. the amount of $37,034 for a total grant amount of $222,200. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT(S) AFFECTED: REQUIRES APPROPRIATION: See attached Certification COUNCIL ACTION EG Wright, Chief of Police REQUESTING PARTY (TYPED) DATE: 1-12-24 BDE FIRST READING: FINAL READING: Suobek BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT APPROVED: T6 CITY ATTORNEY MAYOR SECOND SECOND DATE DEFERRED: DATE Oeawhpe RESOLUTION NO. 2024- A Resolution on behalf of the Pasadena Police Department to apply for the FY25 Motor Vehicle Crime Prevention Authority (MVCPA), SB224 Catalytic Converter grant in the amount of $222,200.00. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43, Part 3, Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement task forces and agencies for economic motor vehicle theft, including catalytic converters theft; and WHEREAS, this grant program will assist this jurisdiction to combat catalytic converters theft; and WHEREAS, the City of Pasadena agrees that in the event of loss or misuse of the grant funds, the City will return the grant funds in full to the Motor Vehicle Crime Prevention Authority; and WHEREAS, the grant will be used to purchase Flock cameras to continue to enhance public safety by rapidly reading license plates to identify stolen vehicles or vehicles used in the commission of crimes; and WHEREAS, additionally, Crime Tracer will be purchased, which is a data sharing platform among law enforcement agencies to share and track information to enhance the ability to apprehend criminals and detect organized criminal organizations; and WHEREAS, there is a minimum twenty percent (208) match for this grant in the amount of $37,034.00 for a total grant amount Crancaprp.ptorveNcrimPrevencAwtras (CatConv)24.DOC of $222,200.00; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the Pasadena Police Department is hereby authorized to apply for the Motor Vehicle Crime Prevention Authority SB224 Catalytic Converter grant in the amount of $222,200.00 to be used to purchase Flock cameras to continue to enhance public safety by rapidly reading license plates to identify stolen vehicles or vehicles used in the commission of crimes; and for the purchase of Crime Tracer, a date sharing platform used by law enforcement agencies. 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) GrantAppPp.MotorvehcrimePreventAuthpv2s/CatConv)24.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 GrantAPpPD.MotorvencrimePreventAuthP25 (CatConv)24.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 form is to assist in 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.) 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 ini 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 andi 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 youl have any questions concerning thet type ofg grant you are applying for, please contact Michelle Wilson, Compliance Officer, at 713-475-7290 or email mwlson@pasadenstksow PLEASE SAVE A COPY OF THIS DOCUMENT AS CHANGES WILL NOT BE AUTOMATIÇALLY SAVED. RECEBIVED) NOV 13 2024 City of Pasadena Grant Request Form BY: Requesting Department: Pasadena Police Department Date:11/12/24 Contact Name: Paul Sinitiere Contact E-mail: anbere@pasacenak.gor Contact Phone: 713-475-5539 AmeyPemdncAEIY/NaOT Vehicle Crime Prevention Authority Grant Amount: $222,200 Federal: MOU: State: Pass-Through: Private Agency: Type of Grant (select): Application submission deadline: 11/12/24 Duration of Grant: Anticipated Costs: Match Requirements: IfMatching required, are funds available? Reporting Requirements: Other departments impacted by use Ves: of Grant CFDA# 2024-08/31/25 $222,200 Ves: Yes: Yes: No: No: No: Amount/Percentage: 20% /$37,034 m#710142536/-Floca)/706511,967 Type of Reporting: Financial: Compliance: No: M Specify Departments: Purpose/lustihication of Grant (need/benefit; alignment with City Strategic Plan; etc): agencies and task force teams with the purchase of equipment. This grant is utilized to detect and prevent catalytic converter theft through law enforcement 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: Yes: No: No: #Required: Anticipated cost: 13 Date: miszt Date: MIiglay Date: 1-1822y Date: 1-19-4 Approvals: foh2 PIEE PLEASE SAVE A COPY OF1 THIS DOÇUMENT AS CHANGES WILLI NOT BE AUTOMATICALLY SAVED. City of Pasadena Grant Benefits and Cost Analysis Fund Source: Grant Title: The Motor Vehicle Crime Prevention Authority SB2 224 Catalytic Converter Grant Grant Application Due Date by Grantor: 11/12/24 Please answer each of thet 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 utilized to detect and prevent catalytic converter theft through law enforcement agencies and task force teams with the purchase of specialty equipment. 2. Describe any additional staffing, office space, facilities, supplies, or equipment that will be required if the 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 The controller's office would be responsible in setting up an account for any award orp performing the scope of worki if the grant is awarded: amount. 5. Total program costs, including portion funded through grant revenues and any required City Contribution: $222,200/Cash Match city contribution: $37,034, Grant Award: $185,166 6. Source oft funding for any required City Share: None 7. Compliance and audit requirements, paying special attention to the grantorsadminstrative procedures Grant compliance will be managed by the Pasadena Police Department Planning and Research Office, Pasadena Police Department Auto Crimes Sergeant and City of (reporting requirements, wage requirements, time and effort reporting, etc.): Pasadena Controller's Office. PLEASE SAVE AC COPY OF THIS DOÇUMENT AS CHANGES WILL NOT 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 memorandofundentandns 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 accept treimbursement funds. PLEASE SAVE A COPY OF THIS DOCUMENT AS CHANGES WILL NOT BE AUTOMATICALY SAVED. MOTOR VEHICLE CRIME PREVENTIONAUTHORITY Fiscal Year 2025 Request for Applications, 2nd Solicitation - SB 224 Catalytic Converter Grant September 16, 2024 Notice of Request for Applications The Motor Vehicle Crime Prevention Authority (MVCPA) has authorized the issuance of the Fiscal Year 2025 (FY 2025) Request for Applications (RFA). Senate Bill 224 provides that, "The money deposited to the credit oft the general revenue fund for coordinated regulatory and law enforcement activities intended to detect and prevent catalytic converter theft in this state... may be appropriated to the. Authority for the activities required by this section."To implement SB 224, the MVCPA is providing grants to local law enforcement taskforces and agencies to combat Catalytic Converter Theft. Eligible applicants may request funds for program operation by submission of an application consistent with the information, including the requirements and conditions stated in this RFA. This RFA is posted in the' Texas Register for at least thirty (30) days prior to the due date for Applications. All applications submitted will be for FY 2025. Ifawarded an FY2 2025SB224 Catalytic Converter Grant, the MVCPA may provide a FY 2026 grant subject to availability of funding and grantees' positive program performance. The MVCPA may use the same FY: 2025 application and prorated budget values as originally submitted for the additional period.. Any ongoing program (scope) changes or budget changes will be submitted by grantees through the grant adjustment process after the creation of the second-year grants. Due Date Grant Applications from eligible applicants must be completely submitted on-line at htps/MVCPAamu.cdtu on or before 5:00 PM, November 12, 2024. First time applicants must establish an account and perform account setup steps prior to an application being able to be submitted. The required Resolution and any optional supporting documents must be scanned and submitted as attachments to the application at tps/MVCPA.tamucdu on or before 5:00 PM, November 12, 2024. Applicable Authority and Rules Motor Vehicle Crime Prevention Authority grant programs are governed by the following statutes, rules, standards, and guidelines: Texas Transportation Code Chapter 1006 htps/SatutescaptollolcasgovDoG/INAAtm/TN.006.Am, Texas Administrative Code (TAC): Title 43; Part 3; Chapter 57 Aatps/lextegsosstatetzuspubicradadacSextVitwIAC7ac. view-3&ti-4 Texas Grant Management Standards (TxGMS) as promulgated by the Texas 3&pt=3) Comptroller of Public Accounts hatps/comprolertesasgovpurchsngenggrant-managemen, The current Motor Vehicle Crime Prevention Authority Grant Administrative Manual and any subsequent adopted grantee instruction manuals https/www.txdmvgovsites.delaul/fles/body- files/MVCPA FY20 Grant_ Admin Manual.pdf) This Request for Applications issued on September 16, 2024. Eligible Applicants. Only Texas law enforcement agencies through their city or county are eligible to apply for the! FY2025 SB 224 Catalytic Converter Grant funding. Application Category New Grant - These are potentially annual grants subject to available! legislative funding. A 20% Cash Match is required for this application. Applicants meeting the eligibility requirements may submit a new grant application to the priority established by the MVCPA in the FY 2025 RFA. New applicants shall email MVCPA at GmmsMyCtA@bdmvgow from an official governmental agency email account to request an account and that access be established. Grant Type Reimbursement This is a total program budget reimbursement grant. Applicants that are awarded grants will expend local (agency) funds and then will be reimbursed quarterly, subject to compliance with standard and special conditions as contained in the Statement of Grant Award (SGA), at the agreed rate for all allowable, reasonable, and necessary program costs incurred. Grant Term The FY 2025 grant cycle is a one (1) year funding cycle to begin on Signing Date of Resolution by Authorized Official, 2024, and end August 31, 2025. Subject to availability of funding and grantees' positive program performance the MVCPA may provide a FY 2026 grant using the same on-line application systems and prorated budget values as originally submitted. No obligations or expenses may be incurred or made outside of the grant period(s). Method of Application Grant Applications from eligible applicants shall be submitted on-line at htps/MVCPAtmu.du on or before 5:00 PM, November 12, 2024. All forms will be completed on-line. The Resolution and all supporting documents must be submitted as attachments. Resolution Required Al Resolution (Order or Ordinance) by the applicant governing body is required to make application for these funds. The resolution shall provide that the governing body applies for the funds for the purpose provided in statute (SB 224 and this RFA) and agrees to return the grant funds in the event of loss or misuse and designate the officials that the governing body chooses as its agents to make uniform assurances and administer the grant if awarded. Only the governing body that submits an application needs to adopt and submit a Resolution. Paricpatingjunsdictions in multi-agency taskforces shall agree and commit to the grant through Interlocal Cooperation Contract or agreements as provided under Texas Local Government Code Chapter 362, Texas Government Code Chapter 791, and TxGMS. In the event a governing body has delegated the application authority to a city manager, chief of police, sheriff or other official, then applicants must submit on- line a copy of the delegation order (documentation) along with the Resolution signed by the official. A sample Resolution is attached as Appendix A. Program Category To be eligible for consideration for funding, a law enforcement taskforce grant application must be designed to support one or more of the following MVCPA program categories (43 TAC $57.14): Law Enforcement, Detection, and Apprehension - provide finançial support to law enforcement agencies for catalytic converter theft and crime enforcement teams (referred to as taskforces). Taskforces will develop organized methods to combat catalytic converter theft through the enforcement of applicable law. This may include reçovery of vehicles, clearance of cases, arrest of law violators, and disruption of organized motor vehicle crime. This category includes development ofuniform programs to prevent stolen catalytic converters from entering Mexico or being removed from Texas through outbound seaports. Prosecrution/Adjudication/Conviction - provide financial support for taskforces tov work with prosecutors and thej judiciary to implement programs designed to reduce the incidence of catalytic converter theft. Prevention, Anti-Theft Devices and Automobile Registration - provide financial support for taskforces to work with organizations and communities to reduce the incidence of catalytic converter theft. The application shall demonstrate how financial support will assist motor vehicle owners to reduce catalytic converter theft. Reduction of the Sale of Stolen Vehicles or Parts provide financial support for taskforces to work with businesses, organizations, and communities to reduce the sale ofcatalytic converters. Applicants will develop organized methods to combat the sale of stolen catalytic converters using any of the following: vehicle identification number (VIN) inspections; inspections ofn motor vehicle part and component distribution enterprises; parts labeling and etching methods; and means to detect the fraudulent sale of stolen catalytic converters. Educational Programs and Marketing - provide financial support for taskforces to work with individuals, businesses, organizations, and communities to assist motor vehicle owners in detecting and preventing catalytic converter theft. Develop and provide specialized training or eduçation program(s) to the public on detecting and preventing catalytic converter theft, law enforcement on interdiction and prosecution, and government offiçials on detecting and preventing catalytic converter theft in this state. Priority Funding The MVCPA enabling statute provides that "The authority shall allocate grant funds primarily based on the number of motor vehicles stolen in, or the motor vehicle burglary or theft rate across, and the number of fraud-related motor vehicle crimes committed in the state rather than based on geographic distribution." (TTC Section 1006.151(C); SB 224). In addition, the following grant features will be given priority consideration in evaluating new grant applications: Continuing Funded Programs in Compliance with MVCPA Grant Conditions - Applications that provide for the continuation of existing programs that currently meet the program and fiscal reporting conditions of the MVCPA grant program. Applicants must provide the ongoing need and their progress and impactful performance toward detecting and preventing catalytic converter theft. The applicant must describe the experience and qualifications of investigators used in the program and how utilization of grant inventory and resources for continued operation of these specialized investigative grant programs are useful for state and local govemments. Programs to Combat Organized Catalytic Converter Crime - Applications for detecting and preventing catalytic converter theft enforcement teams that introduce, increase, or expand efforts to detect and prevent theft of catalytic converters by organized crime. Border and Port Security - Applications that provide specific initiatives to identify and prevent stolen catalytic converters from crossing the border with Mexico using automatic license plate readers, training oflocal state and federal personnel in the identification ofs stolen vehicles, and bridge and port inspections. Use ofTechnology - Applications that incorporate automatic license plate reader programs, surveillance equipment, and other uses of technology to increase the number ofs stolen catalytic converters recovered and the number of persons arrested for catalytic converter crimes. Theft of Parts from a Motor Vehicle - Applications that incorporate a reasonable, objective plan to combat and prevent the theft of catalytic converters. Dedicated Prosecutors Applications that incorporate a dedicated prosecutor to increase the priority of catalytic converter theft prosecutions and decrease the number of repeat offenders through successful and timely prosecution efforts. Supporting Documents Documents that provide evidence oflocal support or commitment from other officials or agencies for the application may be submitted following the same instructions as the Resolution. Interagency agreements shall be submitted prior to payments being authorized if an award is made. MVCPArecommends that interagency agreements be completed after award determinations are made to ensure correct amounts are reflected in those agreements. All interagency agreements must meet the conditions and elements required in the TxGMS. Supplanting Prohibited Grant funds provided by the Authority under this RFA shall not be used to supplant federal, state, or local funds that otherwise would be available for the same purposes (43 Texas Administrative Code $57.9). Supplanting means the replaçement of other funds with MVCPA grant funds. This shall include using existing resources already available to aj program activity as cash match. NICB - Applicants may enter into formal agreements with the National Insurance Crime Bureau (NICB) to work on grant funded activities. The amount of salary and other direct costs related to the work on grant activity provided by the NICB may be reported. Time certifications are required to be made by the employee for these positions as required by TXGMS. In-Kind Match Only include in-kind match ifnecessary for the local jurisdiction. In-kind match may be used to: 1) reflect the total level ofjurisdictions' effort/costs to combat catalytic converter theft; 2) reflect how the grant program fits into jurisdictions' operation; 3) effectively operate a single program with multiple funding streams; and/or 4) contributions from the applicant or third parties that are for grant funded activity. Costs in detail line items shall not be split between in-kind match and grant funding. For example, the entire salary of an officer shall be placed in one expense type rather than split between grant and in-kind. Reporting and Webinar Attendance Requirements Applicants that are awarded grants will be required to provide: Quarterly Progress Reports - The MVCPArequires the submission of quarterly progress reports to demonstrate progress toward meeting goals and activities provided in the grant application. These include: 1) Monthly progress toward meeting statutorily required performance measures; 2) Monthly progress recorded on the Goals, Strategies and Activities report; and 3) Quarterly Summary and Success section. Grantees designated as Border/Port Security grants are required to complete additional sections required by the Texas Legislature. Quarterly Financial Reports - Reports of actual expenses incurred are required to request funds. All expenditures must be in accordance with local policies and procedures and grant requirements. Grantees shall review all expenditures, ensure all applicable regulations are followed, and maintain documentation that is accurate and complete.. All expenses must be supported by appropriate documentation. Webinar Attendance: One grant financial representative from the applicant agency is required to attend a monthly session via teleconference or webinar that includes information on MVCPA grant administration. One law enforcement officer is required to attend the information sharing and networking sessions on a monthly session via teleconference or webinar that includes law enforcement issues and other MVCPA issues critical to the successful operation ofMVCPA taskforces. Funding Requirements and Conditions: State Funds Availability - All awards by the MVCPA are subject to availability of Right of Refusal - The Authority reserves the right to reject any or all the state funds. applications submitted. Awards - Publishing the RFA does not legally obligate the. Authority to fund any Partial Funding The Authority may choose to offer funds for all, or any portion Substitution - The Authority may offer alternative funding sources, special conditions, or alternative program elements in response to submitted Applications. Application Required - Registration for on-line access is required. The MVCPA is not responsible for applicants that cannot complete the registration and No Alternative Application Submission - Paper applications and requests for funding are not accepted in lieu of the on-line grant application process. Review Criteria - Authority staff and any designated MVCPA Board member(s) will review each grant using subjective and objective tools and comparative analysis. The weight given to each section or combination of sections is at the sole Questions and Clarification - During the review period, the applicant may be contacted by Authority staff to answer questions or to seek clarification regarding information provided in the application. Failure to promptly respond will not disqualify an applicant, but information that is submitted after the review period Final Selection - The. Authority may select and award programs that best meet the statutory and legislative purposes of SB 224 and that reflect its current priorities. Changes in Application - Ifan applicant proposes changes to be made in the program type or participation ofj jurisdictions after an award is determined, then the Authority will review the changes and may make modifications (including the amount) or cancel the award as deemed appropriate by the. Authority. programs. ofaj program submitted in an application. application process on time. discretion of the Authority. may not be considered. No appeal may be made regarding the Authority's decisions. Delayed Start - An applicant that is awarded a grant and does not begin operations within 30 days of the issuance of the Statement of Grant Award is Application instructions - the MVCPA will provide additional details and instructions in the on-line application system that are incorporated by reference as part of this RFA and which must be followed during the application and award Program Income - is defined in the TxGMS. Current grantees carrying forward program income to future years will follow the new rules established by the' Texas TCOLE Certifications Required - All law enforcement agencies regulated by Chapter 1701, Occupations Code must certify that they are in compliance with the Texas Commission on Law Enforcement standards or provide a certification from the Texas Commission on Law Enforcement that states that the requesting agency considered terminated. process. Comptroller and MVCPA Grant Administrative Manual. is in the process of achieving compliance with said rules. Selection Process: Eligible applications will be reviewed. Grant award decisions by MVCPA are final Applications that do not meet the stated requirements of this RFA and that are not eligible for review will be notified within ten (10) working days after the due date. and not subject to judicial review. Application Workshop Potential applicants are requested to attend the on-line "Motor Vehicle Crime Prevention Authority SB224 Catalytic Converter Grant Application Workshop" which has been scheduled for: Wednesday November 20, 2024 (1:30 PM to 3:00 PM).Join by using the following links: THIS MEETING WILL: BE HELD REMOTELYVIAMICROSOFTTEAMS MEETING Join on your computer, mobile app or room device. htpsy/eams.microsot.com/mectup- join/199a3amecting. M2lwNI4MWYINTOAYOYIMSLTKMTUIYWU2YT2 YzUZZWMx9640thread.v2/07context-967b96221id-6229632962272719F70-3533- 46b3-9456-ec1235143768%s22962c96220id96229032%a9622a8101531-9b01-49b0- 9a51-e2652a0e7c649622967d Meeting ID: 299797027424 Passcode: 5nydFF Download Teams litps/wwwmicrosotf.conemumicond- Join on the web nttps:/www.microsor.commicrosot-teamsyon-a-meeting, app) Or call in (audio only) +1737-787-8456, 138752901# United States, Austin Phone Conference ID: 138752901# MVCPA Application Checklist Each Applicant must: 1) Complete the on-line Application on or before 5:001 PM, November 12, 2024. 2) Complete the Resolution with the city or county and attach with other supporting documents on or before 5:00 PM, November 12, 2024. 2025 Blank City/County Resolution or Order or Ordinance Motor Vehicle Crime Prevention Authority 2025 Blank City/County Resolution FY25SB 224 Catalytic Converter Grant Program WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the! Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement taskforces and agencies for economic motor WHEREAS this grant program will assist this jurisdiction to combat catalytic WHEREAS, [GOVERNMENTAL ENTITY] has agreed that in the event ofloss or misuse oft the grant funds, [GOVERNMENTAL ENTITY] agrees and assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention NOW THEREFORE, BE ITI RESOLVED and ordered that [NAME], [TITLE], is designated as the. Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority Grant Program and all other necessary documents to accept said grant; and BEI IT FURTHER RESOLVED that [Name] is designated as the Program Director and [Name] is designated as the Financial Officer for this grant. vehicle theft, including catalytic converter theft; and converter theft; and Authority. Adopted this day of 2024. NAME TITLE: County Judge Mayor/ City Manager