ESBD_411675_1744898470891_Specs Environmental Services 2022.pdf

RFQ25-008/KKJ Environmental Services for FMA 2022 Funding

JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6

Karen J. Stewart, MBA, CTCD/CTCM Chief Business Officer

6550 Walden Rd., Beaumont, Texas 77707 Phone: 409-842-1818 Fax: 409-842-2729

LEGAL NOTICE

Advertisement for Request for Qualifications

April 10, 2025

Notice is hereby given that sealed qualifications will be accepted by the Jefferson County Drainage District No. 6 Purchasing Department for RFQ 25-008/KKJ, Environmental Services for 2022 Flood Mitigation Assistance Grant Program (FMA).

Drainage District No. 6 has applied for grant funding offered under FMA 2022. A project has been awarded for a phase I environmental. Accordingly, the District is seeking to contract with a qualified Environmental Service Provider (individual/firm) to prepare the Environmental Assessment. Specifications for this project may be obtained from the Jefferson County Drainage District No. 6 webpage https://dd6.org/departments/purchasing/notices-for-bid/.

Qualifications are to be sealed and addressed to the Purchasing Department with the qualification number and name marked on the outside of the envelope or box. Offerors shall forward an original and three (3) hard copies of their response to the address shown below. Late qualifications will be rejected as non-responsive. Qualifications will be publicly opened and only the firm name will be read aloud at Jefferson County Drainage District No. 6 main facilities at the time and date below. Qualifications shall be opened in a manner that avoids disclosure of the contents to competing offerors and maintains the confidentiality of the qualifications during negotiations. Offerors are invited to attend the sealed qualification opening.

RFP NAME: Environmental Services for FMA 2022 Funding

RFP NO: RFQ 25-008/KKJ

DUE DATE: 2:00 PM, May 1, 2025 MAIL OR DELIVER TO: Jefferson County Drainage District No. 6 Purchasing Department 6550 Walden Rd.

Beaumont, Texas 77707

Any questions relating to these requirements should be directed to Karen J. Stewart, Chief Business Officer kstewart@dd6.org Jefferson County Drainage District No. 6 is an Affirmative Action/Equal Opportunity Employer and encourages Minority Business Enterprises, Small Business Enterprises, and Women-owned Business Enterprises to submit qualifications. The District does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provisions of services. The District reserves the right to accept or reject any or all qualifications, to waive technicalities and to take whatever action is in the best interest of the District.

Karen J. Stewart, MBA, CTCD/CTCM Chief Business Officer Jefferson County Drainage District No. 6, Texas

Publish:

The Examiner April 10th and April 17th, 2025 https://dd6.org/departments/purchasing/notices-for-bid/ https://dd6.org/departments/purchasing/notices-for-bid/ mailto:kstewart@dd6.org

Request for Statements of Qualification (RFQ 25-008/KKJ)

Professional Environmental Services

Section 1. Introduction:

Jefferson County Drainage District No. 6, hereinafter referred to as the District, seeks submittals in response to this Request for Qualifications (RFQ) from qualified firms to provide Environmental Services for the purpose of 2022 Flood Mitigation Assistance. The Federal Emergency Management Agency (FEMA) makes federal funds available through the Flood Mitigation Assistance (FMA) grant program to states, local communities, tribes and territories (SLTT’s) to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the National Flood Insurance Program (NFIP). The FMA grant program strengthens national preparedness and resilience and supports the mitigation mission area through FEMA’s strategic goal of building a culture of preparedness.

The District has proposed projects which will require compliance with FEMA Grant Application requirements and the National Environmental Policy Act (NEPA). The selected environmental firm will inspect proposed project areas for environmental impacts including wetlands, cultural resources, threatened or endangered species, and other natural resources, and prepare all reports necessary to meet FEMA and NEPA requirements.

The District proposed projects are flood control projects and predominantly consist of:

a. Drainage ditch enlargement

b. Ditch crossing enlargement

c. Detention basin construction

d. Underground culvert installation

e. Disposing of excavated material

Section 2. Expected Scope of Services:

a. Environmental Constraints Level Analysis

b. Environmental Site Assessments conforming to ASTM E-1527-13 for fee simple property acquisitions

c. Conduct Endangered Species reviews

d. Conduct Cultural Resources reviews

e. Conduct Cultural Resources Surveys as required by the Texas Historical Commission under the Antiquities Code of Texas

f. US Army Corps of Engineers Section 404 Permitting, as required

g. Prepare mitigation plans as required

h. Environmental Document preparation (EA or CE) in accordance with FEMA’s NEPA

Implementation Instruction Manual 023-01-001-01, Revision 01 (it is not anticipated that any project will elevate to the EIS level)

i. Coordination with floodplain administrators, as necessary

j. Coordination with applicable federal and state natural resource agencies, including the

Texas Parks and Wildlife Department, United States Army Corps of Engineers, Texas Historical Commission, United States Fish and Wildlife Service, Texas Commission on Environmental Quality, Natural Resources Conservation Service.

Section 3. Statement of Qualifications –

The District is seeking to contract with a competent Environmental firm experienced in federally funded projects. Please provide the following information:

a. A brief history of the responding entity, including general background, knowledge of and experience working with relevant agencies

b. Related experience in federally funded storm drainage and or flood control projects.

c. A description of work performance and experience with HMGP, BRIC, and/or FMA including a list of at least three references from past government clients.

d. Describe the firm’s capacity to perform as well as resumes of all employees who will or may be assigned to provide services if your firm is awarded a contract through this solicitation.

e. A statement substantiating the Firm’ resources of and the ability to carry out the scope of work requested in a timely manner.

Section 4. Evaluation Criteria –

For this RFQ, qualifications will be evaluated, and the most qualified respondent will be selected, subject to negotiation of fair and reasonable compensation.

a. Evaluation Criteria - The qualification received will be evaluated and ranked according to the following criteria and using the sample professional Environmental rating sheet as follows:

Criteria

Maximum Points

Experience 40 Work Performance 30 Capacity to Perform 30

Total 100

Sample Professional Environmental Services Rating Sheet

EXPERIENCE

FACTORS Maximum Points

SCORE

1. Related Experience / Background with Drainage District’s or other Governmental entities

2. Related experience/background with specific services (Professional Environmental Services Regional Drainage

3.

References from current/past clients

SUBTOTAL, EXPERIENCE 40

possible points

TOTAL

Work Performance FACTORS Maximu m Points

SCORE

1. Past client projects completed on schedule 15

2.

Work product is consistently of high quality documented with f

SUBTOTAL, PERFORMANCE 30 possible points

TOTAL

Capacity to Perform FACTORS Maximum

Points

SCORE

1. Qualifications/Experience of Staff 10

2. Present and Projected Workloads 10

3. Quality of Response 10

SUBTOTAL, PERFORMANCE 30 possible points

TOTAL

TOTAL SCORE ALL FACTORS

FACTORS

Maximum Points

SCORE

Experience 40

Work Performance

Capacity to Perform

TOTAL SCORE

MAXIMUM

POINTS

Section 5. Additional Submission Requirements Submission Requirements

a. Firm’s Experience provide a list of at least (5) clients, with specific contact names and phone numbers, as references for whom the firm has completed, or is performing, work relating generally to flood planning activities.

b. Insurance. Each Engineering Firm must include a copy of the Engineering Firm’s current certificate of insurance for professional liability as well as evidence that the policy covers any subcontractors employed by the Engineering Firm unless the subcontractor provides evidence of such independent insurance coverage. The District should be named as an additional insured party on the certificate. Respondent and Respondent’s insurance carriers waive any and all rights whatsoever with regard to subrogation against the District as an indirect party to any suit arising out of personal or property damages resulting from the Respondent’s performance under this agreement.

c. System for Award Management. the Firm must include a certification that the Engineering Firm is not debarred or suspended from the Excluded Parties List System (“EPLS”) in the System for Award Management (“SAM”) (See, Attachment A).

Engineering Firm must include verification that the Engineering Firm, as well as the Engineering Firm’s key employees, are not listed (are not debarred) through the SAM as indicated on the website https://sam.gov/SAM/. Each Engineering Firm must enclose a printed copy of the search results (including the record date).

d. Affidavit of Non-Collusion. Engineering Firm must complete and include the Affidavit of Non-Collusion (See, Attachment B).

e. Form CIQ. Each Engineering Firm (and/or any key employee of Engineering Firm) seeking to contract with a local government entity must disclose the Engineering Firm’s (and/or any key employee of Engineering Firm) employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local government entity. See, Chapter 176, TEX. GOV’T CODE. Accordingly, each Engineering Firm (and/or any key employee of Engineering Firm) must complete and attach Form CIQ (See, Attachment C).

f. Certification Regarding Lobbying. A Certification for Contracts, Grants, Loans, and Cooperative Agreements (See, Attachment D) is included in the RFQ and must be included in each Engineering Firm’s submittal.

g. Disclosure of Lobbying Activities. Each Engineering Firm must complete a Disclosure of Lobbying Activities (See, Attachment E ) of the Engineering Firm, and its key employees.

h. Certification of Interested Parties- Form 1295. Effective January 1, 2016, all contracts and contract amendments, extensions, or renewals executed by the District’s Board of Directors will require the completion of Form 1295 “Certificate of Interested Parties.” See, TEX. GOV’T CODE §2252.908. Each Engineering Firm that is awarded a contract must complete and submit Form 1295 at the same time as the Engineering Firm submits a signed contract. A copy of Form 1295 is included in this RFQ for the convenience of each Engineering Firm (See, Attachment F).

i. House Bill 89 Verification Does not boycott Israel currently; and will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code:(See, Attachment G).

j. Senate Bill 252. SB 252 prohibits governmental entities from contracting with parties on the State Comptroller’s list of companies known to have contracts with, or provide supplies or services to, an organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. As a result of this law, governmental entities are required to certify that vendors/independent Vendors are not on the listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan, or any Foreign Terrorist Organization. Pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153 (See, Attachment H)

k. Mandated Federal and State Contract Provisions. All contracts between the District and a Engineering Firm must include the mandated federal and state contract clauses (See, Attachment I).

l. Non-Disclosure Agreement Vendor References Signature Page (See, Attachment J)

Section 6. Confidential/Proprietary Information If any material in the Statement of Qualifications is considered by Respondent to be confidential or proprietary information, Respondent must clearly mark the applicable pages of Respondent’s Statement of Qualifications to indicate each claim of confidentiality. Additionally, Respondent must include a statement on company letterhead identifying all Statement of Qualifications section(s) and page(s) that have been marked as confidential. The District will protect from public disclosure such portions of a Statement of Qualifications, unless directed otherwise by legal authority, including existing open records acts. Merely making a blanket claim that the entire Statement of Qualifications submission is protected from disclosure because it contains some proprietary information is not acceptable and will make the entire Statement of Qualifications subject to release under the Texas Public Information Act.

By submitting a Statement of Qualifications, Respondent agrees to reproduction by the District, without cost or liability, of any copyrighted portions of Respondent’s Statement of Qualifications submission or other information submitted by Respondent.

Section 7. Terms and Conditions

a. The District reserves the right to request clarification of information submitted and to request additional information of one or more respondents.

b. Any agreement or contract resulting from this RFQ shall be on forms approved by the District and shall contain, at minimum, applicable provisions of this document. The District reserves the right to reject any agreement that does not conform to this document and any District requirements and contracts.

c. The Engineering Firms shall not assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the District.

d. No reports, information, or data given to or prepared by the Engineering Firm under contract shall be made available to any individual or organization by the Engineering Firm without the prior written approval of the District.

Attachment A: System For Award Management Information

Respondent Shall Return Completed Form with Qualification

Attachment B: Anti-Collusion Affidavit

STATE OF TEXAS §

COUNTY OF JEFFERSON §

ANTI-COLLUSION AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the following, who, upon oath says:

“I am the Manager, Secretary, or other Agent or Officer or the Principal of the Respondent in the matter of the Qualification to which this affidavit is attached, and I have full knowledge of the relations of the Respondent with the other firms in this same line of business, and the Respondent is not a member of any trust, pool or combination to control the price of the services in this Qualification, or to influence any person to submit a Qualification or not to submit a Qualification thereon.

I further affirm that the Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Qualification.”

AFFIANT FURTHER SAYETH NAUGHT

AFFIANT

SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath, states that the facts contained in the above are true and correct, this day of , 2025.

NOTARY PUBLIC – STATE OF TEXAS

Respondent:

Signed By:

Title:

Address:

Phone:

Email:

NOTE: QUALIFICATIONS NOT ACCOMPANIED BY THIS AFFIDAVIT WILL NOT BE

C ONSIDERED

Jefferson County Drainage District No. 6, Texas is an affirmative action/equal opportunity employer.

The District does not discriminate based on race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services, section 3 residents, minority business enterprises, small business enterprises, women business enterprises, and labor surplus area firms are encouraged to submit Qualifications.

Attachment C: Conflict of Interest Questionnaire

Attachment D- Certification Regarding Lobbying

44 C.F.R. PART 18

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Vendor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Vendor understands and agrees that the provisions of 31 U.S.C.Chap.38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Vendor’s Authorized Official Date

Name and Title of Vendor’s Authorized Official

Attachment E- Disclosure of Lobbying Activities

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the 1st tier. Sub-awards include but are not limited to subcontracts, sub-grants and contract awards under grants.

5. If the organization filing the report in item 4 checks “Sub-awardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Qualification (RFQ) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/Qualification control number assigned by the Federal agency). Included prefixes, e.g., “RFQ-DE-90-001.”

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. Enter the full names of the individual(s) performing services and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, DC 20503

Attachment E- Disclosure of Lobbying Activities Continued Approved by OMB 0348-0046

Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31

U.S.C. 1352 (See reverse for public burden disclosure)

1. Type of Federal Action:

a. contract

b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

2. Status of Federal Action:

a. bid/offer/application

b. initial award

c. post-award

3. Report Type:

a. initial filing

b. material change

1. Name and Address of Reporting Entity:

Prime Subawardee Tier , if Known:

Congressional District, if known:

2. If Reporting Entity in No. 4 is Sub awardee, Enter Name and Address of Prime:

Congressional District, if known:

3. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable:

8. Federal Action Number, if known: 9. Award Amount, if known:

10.

a. Name and Address of Lobbying Registrant

(if individual, last name, first name, MI):

b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI):

11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: _________________________ Print Name: ________________________ Title: ______________________________ Telephone No.:______________________ Date: ______________________________

Federal Use Only

Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97)

Attachment F- Certificate of Interested Parties

Attachment G- House Bill 89 Verification

I, ____________________________, the undersigned representative of (company or business name)______________________________________________________________________ (heretofore referred to as company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:

1. Does not boycott Israel currently; and

2. Will not boycott Israel during the term of the contract.

Pursuant to Section 2270.001, Texas Government Code:

1. “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 ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or an limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business association that exist to make a profit.

Signature of Company Representative

Date

On this ______ day of _____________, 2025, personally appeared_____________________________________, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct.

Notary Seal ______________________________________________ Notary Signature

Respondent Must Complete and Return This Page With Offer

Attachment H- Senate Bill 2252 Certification

On this day, I, Karen J. Stewart, MBA, CTCD/CTCM, Chief Business Officer for Jefferson County Drainage District No. 6 Texas, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that I did review the website of the Comptroller of the State of Texas concerning the listing of companies that is identified under Section 806.051, Section 807.051, or Section 2253.253 and I have ascertained that the below named company is not contained on said listing of companies which do business with Iran, Sudan, or any Foreign Terrorist Organization.

Company Name

IFB/RFQ/RFQ number

Certification check performed by:

Purchasing Representative

Attachment I- Mandatory Federal And State Contract Clauses

Contract Clauses Mandated By The State Of Texas

The following clauses are mandated by the State of Texas and must be included with any contract for grant administration services funded in whole, or in part, by an agency of the State of Texas.

A. Child Support Obligation. Under Section 231.006 of the Family Code, Vendor certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated, and payment may be withheld if this certification is inaccurate. TEX. FAM. CODE §§231.006 and 231.302.

B. Contracting Information Responsibilities. In accordance with Section 552.372 of the Texas Government Code, Vendor agrees to (1) preserve all contracting information related to this contract as provided by the records retention requirements of the District for the duration of the Contract, (2) promptly provide to the District any contracting information related to the contract that is in the custody or possession of Vendor on request of the District, and (3) on termination or expiration of the contract, either provide at no cost to the District all contracting information related to the contract as provided by the records retention requirements of the District. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of subchapter J, Chapter 552, Texas Government Code, may apply to the contract and Vendor agrees that the contract can be terminated if Vendor knowingly or intentionally fails to comply with a requirement of that subchapter. TEX. GOV’T CODE §552.372

C. Critical Infrastructure Affirmation. Pursuant to Section 2274.0102 of the Texas Government Code, Vendor certifies that neither it nor its parent company, nor any affiliate of Vendor or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Section

2274.0103 of the Texas Government Code Section 2274.0103, or (2) headquartered in any of these countries. TEX. GOV’T CODE §2274.0102.

D. Energy Company Boycotts. Vendor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the contract, Vendor shall promptly notify the District. TEX. GOV’T CODE §2271.002.

E. Entities That Boycott Israel. Vendor represents and warrants that (1) it does not, and shall not for the duration of the contract, boycott Israel or (2) the verification required by Section

2271.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the contract, Vendor shall promptly notify the District. TEX. GOV’T CODE §2271.002.

F. Excluded Parties. Vendor certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control. Exec. Order No. 13224, 31 C.F.R. 594 (2001-2021).

G. Firearms Entities and Trade Associations Discrimination. Vendor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the contract, Vendor shall promptly notify the District. TEX. GOV’T CODE §22774.001 et seq.

H. Foreign Terrorist Organizations. Vendor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section

2252.152 of the Texas Government Code. TEX. GOV’T CODE §2252.152.

I. No Conflicts of Interest. Vendor represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonable create an appearance of impropriety. TEX. GOV’T CODE §§2252.908, 2252.032 and 2261.252(b).

J. Texas Public Information Act. Notwithstanding any other provision herein, the Parties expressly acknowledge that this Agreement is subject to the Texas Public Information Act, TEX.

GOV’T CODE §§552.001 et seq., as amended (the "Act"). Vendor expressly understands and agrees that the District shall release all information necessary to comply with Texas law without the prior written consent of Vendor. It is expressly understood and agreed that the District, its officers, and employees may request advice, decisions, and opinions of the Attorney General of Texas ("Attorney General") regarding the application of the Act to any software, or any part thereof, or other information or data furnished to the District, whether the same are available to the public. It is further understood that the District, its officers and employees shall have the right to rely on the advice, decisions, and opinions of the Attorney General, and that the District, its officers, and employees shall have no liability or obligations to Vendor for the disclosure to the public, or to any person or persons, of any software, or a part thereof, or other information or data furnished to the District in reliance on any advice, decision or opinion of the Attorney General. In the event the District receives a written request for information pursuant to the Act that affects Vendor's rights, title to, or interest in any information or data or a part thereof, furnished to the District by Vendor under this Agreement, then the District will promptly notify Vendor of such request. Vendor may, at its own option and expense, prepare comments and submit information directly to the Attorney General stating why the requested information is exempt from disclosure pursuant to the requirements of the Act. Vendor is solely responsible for submitting the memorandum brief and information to the Attorney General within the period prescribed by the Act. Vendor is solely responsible for seeking any declaratory or injunctive relief regarding the disclosure of information that it deems confidential or privileged. With respect to electronic mail addresses, Vendor affirmatively consents to the disclosure of its e-mail addresses that are provided to the District. This consent is intended to comply with the requirements of the Act and shall survive termination of this Agreement. This consent shall apply to e-mail addresses provided by Vendor and agents acting on behalf of Vendor and shall apply to any e-mail address provided in any form for any reason whether related to this Agreement or otherwise.

K. State Auditor’s Right to Audit. Pursuant to Section 2262.154 of the Texas Government Code, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under any contract or indirectly through a subcontract under the contract. The acceptance of funds by the Vendor or any other entity or person directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Vendor or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Vendor shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the contract and the requirement to cooperate is included in any subcontract it awards. TEX. GOV’T CODE §2262.154.

Contract Clauses Mandated By The United States Government (FEMA)

Vendor acknowledges its full and complete understanding that the Work that it provides pursuant to this contract will be funded in whole or in part, if a grant is awarded, by funding offered under FMA, BRIC, and HMGP, and that notwithstanding any other provisions set forth in this Contract, the following provisions govern the responsibilities of the Parties, and Vendor shall comply with all the following provisions:

A. DAMAGES, 2 CFR §200.326 Appendix II to Part 200 (A)

1. All work to be performed under this AGREEMENT shall be timely commenced. A breach of this AGREEMENT by Contractor would cause substantial delay in the completion of the required services affecting the safety and welfare of the public.

2. In the event of Contractor’s breach of its performance obligations, the District shall have all rights and remedies against Contractor as provided by law.

B. TERMINATION RIGHTS, 2 CFR §200.326 Appendix II to Part 200 (B)

1. Termination for Convenience: Whenever the interests of the District so require, District may terminate the parties’ Agreement, in whole or in part, for the convenience of the District. District shall give Contractor thirty (30) days prior written notice of termination specifying the portions of the Agreement to be terminated and when such termination will become effective. If only portions of the parties’ agreement are terminated, Contractor has the right to withdraw from the parties’ Agreement, without adverse action or claims. In the event of a termination for convenience by the District, Contractor shall be entitled to payment for all work and services performed by it up to the effective date of such termination.

2. Termination for Cause: The District may, by written notice of default to Contractor, terminate the parties’ Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any provisions of the parties’ agreement after a period of ten (10) following Contractor’s receipt of a Notice of Deficiency provided by the District.

C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II to Part 200-(C) If applicable to the work and services performed by CONTRACTOR under the AGREEMENT, during the performance of the AGREEMENT, CONTRACTOR shall comply with the Equal Employment Opportunity Clause (41 CFR 60-1.4(b)):

1. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. CONTRACTOR will take 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.

AGREEMENTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

3. CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice to be provided advising the said labor union or workers’ representatives of the CONTRACTOR’S commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this AGREEMENT or with any of the said rules, regulations or orders, this AGREEMENT may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation subcontractor or contractor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States.

D. DAVIS-BACON ACT AND COPELAND “ANTI-KICKBACK” ACT, 2 CFR §200.326 Appen. II to Part 200 (D) If applicable to the work and services performed by CONTRACTOR under the parties’

AGREEMENT:

1. Bacon-Davis Act: Applicable to construction or repair of public buildings or public works. see FEMA Public Assistance Program and Policy Guide, Ch.2(V)(G)(2), page 32 (FP 104-009- 2/January 2016).

2. Copeland “Anti-Kickback” Act: In contracts subject to the Davis-Bacon Act, CONTRACTOR shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that the contractor and subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The GOVERNMENT must report all suspected or reported violations to the appropriate Federal agency.

3. CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this

AGREEMENT.

4. CONTRACTOR or subcontractor shall insert in any subcontract the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontract with all of these contract clauses.

5. A breach of the AGREEMENT clause above may be grounds for termination of the AGREEMENT, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.

E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 2 CFR §200.326 Appendix II to Part 200 (E) (40 U.S.C. 3701-3708) Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor and its subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one halftimes the basic rate of pay for all hours worked in excess of forty hours in such work week.

2. Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section.

3. Withholding for unpaid wages and liquidated damages. The GOVERNMENT shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section.

4. The contractor and subcontractor shall insert in any subcontract the clauses set forth in paragraphs (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2 CFR §200.326

Appendix II to Part 200 (F) If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT and if the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the GOVERNMENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the GOVERNMENT must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business.”

G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT, 2 CFR §200.326

Appendix II to Part 200 (G) CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

CONTRACTOR shall include the foregoing requirements in each subcontract exceeding $100,000.

H. ENERGY EFFICIENCY AND CONSERVATION, 2 CFR §200.326 Appendix II to Part 200 (H) If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT, CONTRACTOR shall comply with the mandatory standards and policies of the state regulation promulgated in accordance with the Energy Policy and Conservation Act (42 U.S.C. § 6201).

I. DEBARMENT AND SUSPENSION, 2 CFR §200.326 Appendix II to Part 200 (I) This AGREEMENT is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.

As such, the CONTRACTOR is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

1. The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

2. This certification is a material representation of fact relied upon by GOVERNMENT. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to GOVERNMENT, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

3. The CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C AGREEMENT is valid and throughout the period of performance. The CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier covered transactions.

J. BYRD ANTI-LOBBYING AMENDMENT, 2 CFR §200.326 Appendix II to Part 200 (J) CONTRACTOR must file with the GOVERNMENT the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,…