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Home My WebLink About09-09-22LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Mayor Pro Tem Councilperson District 2 BILL BENTLEY Councilperson District 3 RICK HELTON Councilperson District 4 JAY MARTIN Councilperson District 5 ROBBIE McLARRIN Councilperson District 6 Notice is hereby given of a regular meeting of the La Porte City Council to be held September 12, 2022, beginning at 6:00 pm in the City Hall Council Chamber, 604 West Fairmont Parkway, La Porte, Texas„ for the purpose of considering the following agenda items. All agenda items are subject to action. Remote participation is available using this link: https://us02web.zoom. us/j/87287774669?pwd=OVJ 1 YU94MzRVSDRxRVhhR281 TzVKdzO9. The meeting ID is 872 8777 4669 and the passcode is 153061. Join by phone at 888-475-4499 or 877- 853-5257. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Rev. Brian Christen, La Porte Community Church. PLEDGES — Will be led by Councilperson Chuck Engelken. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS (a) Proclamation - National Preparedness Month [Mayor Louis R. Rigby] 4. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) (a) Approve the minutes of the regular meeting of the City Council held on August 22, 2022. [Louis R. Rigby, Mayor] (b) Approve the election of Mayor Pro Tern Chuck Engelken as the City of La Porte representative and Councilperson Bill Bentley as the alternate representative to the Houston - Galveston Area Council (H-GAC) 2023 General Assembly and Board of Directors and adopt Resolution 2022-19 in support of same. [Louis R. Rigby, Mayor] (c) Reject Bid #22021 for the Parks and Recreation Department Mowing Services contract.[Tim Miller, Director of Parks and Recreation] (d) Authorize the City Manager to cast the City's ballot for candidates nominated to the Texas Municipal League Intergovernmental Risk Pool Board of Trustees for a six -year term. [Corby Alexander, City Manager] (e) Authorize the City Manager to execute a professional services agreement with Halff Associates, Inc., to provide preliminary engineering, final design, and limited bidding and construction phase services for the Brookglen Subdivision Drainage Improvements Project, in the amount of $1,128,589.00. [Ray Mayo, Director of Public Works] (f) Authorize the City Manager to execute an amendment to the February 5, 2021, agreement between the City of La Porte and the University of Houston Department of Earth and Atmospheric Sciences, to allow Sandia National Labs to conduct a marine mammal identification experiment at 1010 Bayshore Drive, La Porte, Texas. [Ray Mayo, Director of Public Works] (g) Adopt Ordinance 2022-3894, amending Chapter 62- 'Streets, Sidewalks and Other Public Places' of the La Porte Code of Ordinances by revising right-of-way closure application standards and adding Planning and Zoning Commission review. [Teresa Evans, Director of Planning and Development] (h) Adopt Ordinance 2022-3895 approving the purchase of real property located at 0 N. 21d Street, legally described as Lot 9, Block 59, Town of La Porte, for an amount not to exceed $20,000.00 and authorize the City Manager to execute any and all documents associated with said purchase. [Matt Daeumer, Assistant City Manager] (i) Adopt Ordinance 2022-3896 approving the purchase of real property located adjacent to the Bay Forest Golf Course, legally described as all of Block 1254, Town of La Porte, for an amount not to exceed $300,000.00 and authorize the City Manager to execute any and all documents associated with said purchase. [Matt Daeumer, Assistant City Manager] (j) Approve the appointment of Omar Jaimes to an open position on the City of La Porte Building Codes Appeals Board. [Lee Woodward, City Secretary] (k) Approve Incentive Agreement between the La Porte Development Corporation and Frank Nance in connection with project for infrastructure and site improvements at 508 W. Main Street in La Porte, Texas, in an amount not to exceed $30,000.00. [Matt Daeumer, Assistant City Manager] 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a public hearing to receive comments regarding their consideration of the proposed City of La Porte, Texas, budget for the 2022-23 Fiscal Year; followed by discussion and possible action to adopt Ordinance 2022-3893, approving the City of La Porte Fiscal Year 2022-23 Proposed Budget. [Michael Dolby, Finance Director] 7. STATUTORY AGENDA (a) Presentation, discussion, and possible action to approve the ratification of a property tax revenue increase reflected in the La Porte 2022-2023 Fiscal Year Budget. [Michael Dolby, Finance Director] (b) Presentation, discussion, and possible action to adopt Resolution 2022-18, accepting the 2022 Harris County Appraisal District certified appraisal roll for property situated within the City of La Porte. [Michael Dolby, Finance Director] (c) Presentation, discussion, and possible action to approve the City's proposed ad valorem tax rate of $0.71 for the 2022-23 Fiscal Year. [Michael Dolby, Finance Director] 8. REPORTS (a) Receive report of the Drainage and Flooding Committee meeting. [Councilperson Martin] 9. ADMINISTRATIVE REPORTS • Planning and Zoning Commission, September 15 • Zoning Board of Adjustment, September 22 • La Porte Development Corporation Board, September 26 • City Council, September 26 10. COUNCIL COMMENT Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilpersons, and City staff, for which no formal action will be discussed or taken. 11. EXECUTIVE SESSION (a) Texas Government Code Sec. 551.071 (1)(A) - Pending or Contemplated Litigation: The City Council will meet in closed session with the City Manager and legal counsel to discuss SV Sons HWY 146, LLC vs. City of La Porte, Texas. [George Vie, Counsel for City; Clark Askins, Assistant City Attorney; Corby Alexander, City Manager] (b) Texas Government Code Section 551.072 - Deliberation regarding the purchase, exchange, lease, or value of real property. The City Council will meet in closed session with the City Manager and Assistant City Attorney to discuss the potential purchase of real property located in the City of La Porte. 12. RECONVENE into open session and consider action, if any, on item(s) discussed in executive session. 13. ADJOURN If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements. Pursuant to Texas Government Code Sec. 551.127, on a regular, non -emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted above on this agenda. I, Lee Woodward, City Secretary, do hereby certify that a copy of the September 12, 2022, City Council agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, www.LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code. DATE TIME TAKEN DOWN Lee Woodward, City Secretary rortamatton IHEREAS, National Preparedness Month is a nationwide coordinated effort )onsored each September by the U.S. Department of Homeland Security to gcourage all Americans to prepare for emergencies in their homes, organizations, and ,hools; and WHEREAS, the theme of National Preparedness Month 2022 is "A Lasting Legacy", an effort intended to increase public awareness concerning the importance of preparing for emergencies and to persuade individuals and families to take action; and WHEREAS, first responders may not always be able to assist you quickly in an emergency or disaster; furthermore, the most important step you can take in helping them is being able to take care of yourself and those in your care for at least a short period of time following an incident; and WHEREAS, the La Porte Office of Emergency Management, Fire Department, Police Department, and Emergency Medical Services strive to increase public awareness of the need to prepare for emergencies and disasters; and WHEREAS, emergency preparedness is the responsibility of everyone in La Porte and all community members are urged to make preparedness a priority by taking three simple steps: Prepare an emergency supply kit; make an emergency plan, and stay connected with City. NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim the month of September 2022, as in the City of La Porte, and I encourage individuals and organizations to be empowered to take action that will make our community resilient, thereby creating a safer and more prepared La Porte. In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 121h day of September, 2022. Cttp of la J)ort>e Louis R. Rigby, Mayor LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CHUCK ENGELKEN Mayor Pro Tem Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 22, 2022 BILL BENTLEY Councilperson District 3 RICK HELTON Councilperson District JAY MARTIN Councilperson District 5 ROBBIE McLARRIN Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, August 22, 2022, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brandon Lunsford, Brent McCaulley, Mandi Williams, Chuck Engelken, Bill Bentley, Rick Helton, Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Sharon Harris, Deputy City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION — The invocation was given by Pastor Phillip Dunn, Lighthouse Baptist Church, and pledges were led by Councilperson Mandi Williams. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a. Recognition of City employees for years of service. [Louis R. Rigby, Mayor] b. Employee of the Quarter - Victor Delgado Martinez, Solid Waste Worker [Louis R. Rigby, Mayor] 4. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) Robin Dobbins, Robert Guerra, and Julia Meadows expressed their concerns regarding equipment at the La Porte Fitness Center. Richard Anderson and Paul Larson offered support of the International Code editions. John Mata, Charles Montgomery, John Guyon, Paul Puente, Todd locco, Richard Lord, Wayne Lord, and Joshua Hollub spoke in support of the Uniform Plumbing and Mechanical Code editions. Phillip Hoot shared his concerns on property taxes. 5. CONSIDERATION OF COUNCILPERSON ABSENCES a. Presentation, discussion, and possible action to consider excusing the absence of Councilperson Bill Bentley from the August 8, 2022, City Council meeting, in accordance with the City Council Attendance Policy. [Louis R. Rigby, Mayor] Mayor Pro Tern Engelken moved to excuse the absence of Councilperson Bill Bentley from the August 8, 2022, City Council meeting; the motion was seconded by Member Lunsford; the motion was adopted, 9-0. Page 1 of 3 August 22, 2022, Council Meeting Minutes 6. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a. Approve the minutes of the August 8, 2022, regular City Council meeting. [Louis R. Rigby, Mayor] b. Authorize the City Manager to execute a 1-year agreement between the City of La Porte and the La Porte Police Officers Association, with two 1-year renewal options, for security services at La Porte Parks and Recreation Department rental facilities. [Tim Miller, Director of Parks and Recreation Department] c. Authorize the City Manager to execute an Interlocal Agreement with Harris County Department of Education to utilize cooperative purchasing contracts through Choice Partners. [Cherell Daeumer, Purchasing Manager] d. Adopt Resolution 2022-16 designating authorized signatories for contractual documents and documents requesting funds pertaining to the U.S. Department of Housing and Urban Development's Community Development Block Grant Mitigation program. [Ray Mayo, Director of Public Works] e. Adopt Resolution 2022-17 approving adoption of the Public Agencies Post -Retirement Health Care Plan Trust Administered by Public Agency Retirement Services (PARS) [Michael Dolby, Finance Director] f. Receive report from tax assessor regarding the anticipated combined 2022 Ad Valorem collection rate for the City of La Porte [Michael Dolby, Finance Director] g. Authorize the City Manager to execute a three- (3-) year agreement with AT&T under DIR- TELE-CTSA-002 for Hosted Voice Phone System with an annual cost not to exceed $80,267.88 and approve the expenditure of $122,398.25 to complete the outstanding balance of the original agreement with AT&T. [Grady Parker, IT Manager] Mayor Pro Tern Engelken moved to approve the consent agenda; the motion was seconded by Councilperson Bentley; the motion was adopted, 9-0. 7. STATUTORY AGENDA a. Presentation, discussion, and possible action regarding the City of La Porte's adoption of the 2018 International Code Council (ICC) editions and the 2020 National Electric Code with local amendments. [Louis R. Rigby, Mayor] Councilperson Helton moved to reaffirm the City's adoption of the 2018 International Code editions and the 2020 National Electric Code with local amendments; the motion was seconded by Councilperson Lunsford; the motion was adopted 6-3, Councilpersons Bentley and Williams and Mayor Rigby voting against. b. Presentation, discussion, and possible action to consider appointments and reappointments to City boards, committees, and commissions (annual item). [Lee Woodward, City Secretary] Mayor Pro Tern Engelken moved to ratify the City Manager's appointment of Tendai Lynch and reappointment of Victor Peres to the Civil Service Commission; the motion was seconded by Councilperson Bentley; the motion was adopted 9-0. Mayor Pro Tern Engelken moved to appoint Councilperson Lunsford to the regular position and Councilperson Helton to the alternate position of the Fiscal Affairs Committee; the motion was seconded by Councilperson Bentley; the motion was adopted 9-0. Councilperson Martin moved to appoint Victor Peres to the District 5 Position on the Planning and Zoning Commission; the motion was seconded by Councilperson Williams; the motion was adopted 9-0. Page 2 of 3 August 22, 2022, Council Meeting Minutes 8. REPORTS a. Present 3rd Quarter CIP Reports to City Council. [Matt Daeumer, Assistant City Manager] The report was received. b. Receive report of the La Porte Development Corporation Board of Directors meeting [Councilperson Chuck Engelken] Mayor Pro Tem Engelken reported the Board authorized an improvements project and incentive agreement at 508 West Main Street and approved the proposed 2022-23 Fiscal Year LPDC budget. 9. ADMINISTRATIVE REPORTS • Drainage and Flooding Committee, September 12 • City Council, September 12 • City Council, September 26 • Planning and Zoning Commission, September 15 City Manager Alexander advised the Council that a survey had been placed at their seats for feedback and options for the new city hall and that he would address the concerns about equipment at the La Porte Fitness Center. 10. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. Councilpersons congratulated employees recognized for longevity and Victor Martinez as the Employee of the Quarter and agreed that concerns need to be addressed regarding the equipment at the Fitness Center. 11. EXECUTIVE SESSION a. Texas Government Code Section 551.072 - Deliberation regarding the purchase, exchange, lease, or value of real property. The City Council will meet in closed session with the City Manager and Assistant City Attorney to discuss the potential purchase of real property located in the City of La Porte. The Council adjourned into executive session at 7:32 p.m. 12. RECONVENE into open session and consider action, if any, on item(s) discussed in executive session. The Council reconvened in open session at 7:55 p.m. Mayor Pro Tem Engelken moved to authorize the City Manager to move forward with the purchase of property for $20.000.00; the motion was seconded by Councilperson Bentley; the motion was adopted, 9-0. The Mayor announced the Council had directed the City Manager to continue negotiations on another piece of property and to place the item on a future agenda. ADJOURN — Without objection, the meeting was adjourned at 7:56 p.m. Lee Woodward, City Secretary Page 3 of 3 August 22, 2022, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Louis R. Rigby, Mayor Department: City Council Report i' Resolution i' Ordinance Exhibits: H-GAC letter on annual appointees & Proposed Reso. 2022-19 Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes ir' No SUMMARY & RECOMMENDATION Per the bylaws of the Houston -Galveston Area Council (H-GAC), the City of La Porte is authorized to select one Councilperson as a representative and one as an alternate to the H-GAC General Assembly and Board of Directors. Additionally, the H-GAC's bylaws stipulate that the representative is the General Assembly delegate and, as such, is also designated to serve on H-GAC's Board of Directors. The 2022 representative is Mayor Pro Tem Chuck Engelken and the alternate is Councilperson Bill Bentley. Both are willing to continue serving in these roles. The 2023 representatives will begin the term of office the first of January 2023. ACTION REQUIRED BY CITY COUNCIL Nominate and elect the City's representative and alternate to the H-GAC 2023 General Assembly and Board of Directors, and adopt Resolution 2022-19 in support of same. September 1, 2022 The Honorable Louis R. Rigby Mayor of La Porte 604 W. Fairmont Pkwy LaPorte, TX, 77571 Dear Mayor Rigby: The end of the year is quickly approaching, and the Houston -Galveston Area Council is looking ahead to 2023. We are continuously working to better serve our member governments. In that spirit, we are bringing the conversation to your communities to hear more about your needs and how we can work together to improve quality of life across the region. These interactive, town - hall style meetings are designed to hear from you, and to help us plan for and implement ways to better serve you and your community. Beyond these meetings, however, one of the best ways to contribute to the regional discussion is to stay engaged with us, and you can do this by appointing elected representatives from your city to be an active member in our regional conversations and decision -making. H-GAC is asking the City of La Porte to be a part of this next year of service by designating representatives to our General Assembly. H-GAC bylaws allow each member city to designate one elected official as representative and one elected official as an alternate to the General Assembly. Of these representatives to the General Assembly, one shall be appointed to serve as the city's delegate to the Board of Directors, while the other representative shall be named as the alternate to the Board of Directors. The 2023 representative and alternate begin their terms of office on January 1, 2023. I have attached the nomination form on which you can designate your representatives. Please email the completed form to �,tau,�„��,,;ll��, rk!� �, )h c.corn. If more information concerning General Assembly and Board of Directors membership would be useful, please contact me at 713- 993-4514 or Rick Guerrero at 713-993-4598. Thank you for the City of La Porte's continuing participation and support for the Houston - Galveston Area Council. We are looking forward to working with you. Sincerely, Chuck Wemple Attachment RESOLUTION 2022-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DESIGNATING CITY REPRESENTATIVES TO THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) 2023 GENERAL ASSEMBLY AND BOARD OF DIRECTORS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: 1. The following be and are hereby designated as the representative and alternate of the General Assembly of the Houston -Galveston Area Council for the year 2023: REPRESENTATIVE ALTERNATE 2. They are hereby designated as the representative and alternate to the Board of Directors of the Houston -Galveston Area Council for the year 2023. 3. The Executive Director of the Houston -Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED and APPROVED this, the 12'h day of September, 2023. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Tim Miller, Director Department: Parks & Recreation Report ir" Resolution ir" Ordinance Exhibits: Notification & Access Report Appropriation Source of Funds: General Funds Account Number: 001-6146-515.50-07 Amount Budgeted: $375,000.00 Amount Requested: N/A Budgeted Item: i; Yes ir No SUMMARY & RECOMMENDATION The Parks and Recreation department is responsible for the management of contract with outside vendors to maintain City properties and properties that the City has become trustee of via delinquent tax foreclosures. Advertised Sealed Bid #22021 —Annual Mowing Contract was opened and read on July 26, 2022. Forty-six vendors were notified of the bid opportunity, with twenty-four accessing the solicitation documents and nine downloading the documents. Two vendors responded to the invitation for bid, one of which is the current vendor. Upon review of bid documents, staff discovered that the current vendor had "no bid" on a number of items included in the packet. Further investigation revealed that this was likely based on information provided to the current bidder that was not included in the bid packet or otherwise furnished to all prospective bidders. Due to these discrepancies, staff recommends that City Council reject the bids for mowing services submitted under Bid #22021. ACTION REQUIRED BY CITY COUNCIL Reject Bid #22021 for the Parks and Recreation Department mowing services contract. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Notifications and Access Report to Bid #22021 - PARD Mowing Services NOTIFICATIONS: Vendor Name Reason 3rd Coast Companies, LLC Bid Notification All Pro General Construction, Inc. Bid Notification Ambassador Services, LLC Bid Notification Amescdua Landscaping LLC Bid Notification APDL Unlimited LLC Bid Notification BrightView Landscapes LLC Bid Notification Camp Landscaping Services Bid Notification CDC News Bid Notification Climate Survival Solutions Bid Notification D Davila Bid Notification Dodge Data & Analytics Bid Notification Double Eagle Erosion Solutions, LLC Bid Notification Goins GoGetters Bid Notification Greenscapes Six, LLC Bid Notification Gunner -Davis Construction & Group Bid Notification HENECO ENGINEERING AND CONSULTING Bid Notification Hydrozone Landscape Corporation Bid Notification L&L Supplies Bid Notification Longclaw Contractors, LLC Bid Notification Mauldin and Associates LLC Bid Notification Mesa Verde Landscape Management Bid Notification NCC Services, Inc. Bid Notification Neo Global Enterprises, LLC Bid Notification Perkens WS Corporation Bid Notification Personal Touch Management Bid Notification Resource Service Solutions, LLC Bid Notification School Wholesale Supplies LLC Bid Notification Seril, Inc. Bid Notification Southern Concrete Raising Bid Notification T & A Turf and Irrigation, LLC. Bid Notification T Smith's Lawn Service Bid Notification The Merriam Group Bid Notification WCD Enterprises LLC Bid Notification Westco Grounds Maintenance Bid Notification ACCESS: Vendor Name Documents 3rd Coast Companies, LLC Ambassador Services, LLC #22021 Parks Mowing.pdf Amescdua Landscaping LLC #22021 Parks Mowing.pdf APDL Unlimited LLC #22021 Parks Mowing.pdf BrightView Landscapes LLC #22021 Parks Mowing.pdf Climate Survival Solutions CMS Dodge Data & Analytics Double Eagle Erosion Solutions, LLC #22021 Parks Mowing.pdf Goins GoGetters #22021 Parks Mowing.pdf Gunner -Davis Construction & Group HENECO ENGINEERING AND CONSULTING #22021 Parks Mowing.pdf IMS L&L Supplies Neo Global Enterprises, LLC Perkens WS Corporation Personal Touch Management School Wholesale Supplies LLC #22021 Parks Mowing.pdf Seril, Inc. The Merriam Group Tukmol General Contractor Wayne Enterprises WCD Enterprises LLC #22021 Parks Mowing.pdf Westco Grounds Maintenance REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Corby Alexander, City Manager Department: Administration/CMO Report i'""" Resolution ir" Ordinance Exhibits: TML Risk Pool Board of Trustee Ballot Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir' No SUMMARY & RECOMMENDATION Every six (6) years member municipalities of the Texas Municipal League Intergovernmental Risk Pool nominate the Board of Trustees. The Intergovernmental Risk Pool provides workers compensation and property & liability coverages to member municipalities. Each member of the pool is entitled to vote for the Board of Trustee members. However, each municipality can only vote for one candidate for each place. The officials listed on the ballot have been nominated to serve a six -year term on the Board. This ballot must be received by September 30, 2022. Attached within, is the official ballot for the election of Place 6 - 9 of the Board of Trustees for the TML Intergovernmental Risk Pool. TML has provided a brief bio of each Board candidate; however, you may wish to do further research on the candidates prior to the City Council meeting. Staff recommendations are noted below. Candidates: • Place 6 o Allison Heyward, Councilmember for the City of Shertz o Kimberly Meismer, Assistant City Manager for the City of Kerrville (Staff Recommends) • Place 7 o Mary Dennis (Incumbent), Mayor for the City of Live Oak (Staff Recommends) o James A. Douglas, Ph.D., City Councilmember for the City of Kenedy o Rebecca (Becky) Haas, Mayor of Richmond o James Hotopp, City Manager for Weatherford • Place 8 o Chris Coffman, City Manager of Granbury o Brett Haney, City Administrator for the City of Cockrell Hill o Mike Land, City Manager for the City of Coppell o Marian Mendoza, City Administrator for the City of Helotes o Louis R. Rigby, Mayor of the City of La Porte (Staff Recommends) Place 9 o Barry Beard, Commissioner for the City of Richmond o Stephanie Fisher, Councilmember for Johnson City o Carl Joiner, Mayor for the City of Kemah o Opal Mauldin -Jones (Incumbent), City Manager for the City of Lancaster (Staff Recommends) o William Linn, City Manager of Kenedy Staff recommends City Council approve each of the Board positions (Place 6 - 9) by voting on one of the names provided or providing a write in candidate. Once all four (4) places have been approved, the Mayor will need to sign the official ballot and staff will mail all pages to the Secretary of the Board prior to the due date. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to cast the ballot for candidates nominated to the Texas Municipal League Intergovernmental Risk Pool Board of Trustees for a six - year term. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election This is the official ballot for the election of Places 6 — 9 of the Board of Trustees for the Texas Municipal League Intergovernmental Risk Pool. Each Member of the Pool is, entitled to vote for Board of Trustee members, Please record your organization's choices by placing an "X" in the square beside the candidate's name or writing in the name of an eligible person in the space provided. You can only vote for one candidate for each place. The officials listed on this ballot have been nominated to serve a six -year term on the TML Intergovernmental Risk Pool (Workers' Compensation, Property and Liability) Board of Trustees. The names of the candidates for each Place on the Board of Trustees are listed in alphabetical order on this ballot. Ballots must reach the office of David Reagan, Secretary of the Board, no later than September 30, 2022. Ballots received after September 30, 2022, cannot be counted. The ballot must be properly signed and all pages of the ballot must be mailed to: Trustee Election,, David Reagan, Secretary of the Board, P.O. Box 149194, Austin, Texas 78714-9194. If the ballot is not signed, it will not be counted., Page I of 6 MUM Allison san Heyward. Councilmernber for the City of Schertz (Region 7) since 2018. She also serves as the Mayor Pro Teter. Mrs. Heyward was appointed to represent the Texas Municipal League Board of Directors as an ex®officio non -voting member of the Board of Trustees of the Texas Municipal League Intergovernmental Risk Pool, She earned a Bachelor's Degree in Accounting from Texas Southern University in 1990 and is a 2020 graduate of the Chamber Leadership Core Program. She is a TML Leadership Fellow, a Certified Municipal Officer (CMO), as well as a member of the TMRS Advisory Board on Benefit Design. Kimberly Melsmer. Assistant City Manager for the City of Kerrville (Region 7). Ms. Meismer has over 25 years of public service, which includes serving Kerrville and La Porte. She earned a Master's Degree in Public Administration from the University of Texas at Arlington and a Bachelor's Degree in Human resource Management from Columbia Southern University, She is a member of TCMA and serves on the Ethics Committee as the Region Representative. She is also serving a second year as the Chair of the Ethics and Integrity Award subcommittee, WRITE IN CANDIDATE: TE: Page 2 of 6 El Mary Dennis (Incumbent). Mayor for the City of Live Oak (legion 7) sine 2010. Mayor, Dennis has served on the TML Risk Pool Board since 2018, She is currently Vice - Chair of the T L Risk Pool Board, and on October 1, 2022, will begin a two-year term. as Chaim. Among her numerous civic activities are serving as 2016/2017 President for the Texas Municipal League, 2021-2023 NLC Board Director, Treasurer of the Greater Bexar County Council of Govei ents, Chair of the Judson ISD Facilities Committee, Chair of the Bexar County Suburban Cities Committee, and President of the Live Oak Economic Development Corporation. She is also a 2019 Inductee of the San Antonio Women's Hall of Fame and the 2019 San Antonio omen's Chamber of Commerce "Comet Award." El James A. Douglas, Ph.D. City Councilmember for the City of Kenedy (Region 7). Dr, Douglas is a current criminal justice instructor at Kenedy ISD, He is a national Law and Public Safety Education Network (LAP,SEN) Honor Teacher who, along with some of his students, recently participated in the Washington, D.C.National Academy of Law and Justice, The LAPSEN Honor Teachers were identified from a national application process to identify educators with a passion for law and justice, excellence in leadership and. teaching. Rebecca (Becky) Haas. Mayor: of Richmond ([legion 14). Mayor: Naas is a business -owner in the historic downtown district of Richmond, She is a direct descendant of one of Stephen F. Austin's first settlers in Texas who are known as the Old Three Hundred, She is Chaplain for and a charter board member of the Descendants of Austin's Old Three Hundred organization. She is passionate about. Texas history, a member of the fort Bernd County Historical Commission, a former member of the Richmond Historical Commission, a member of the Fort Bend County Museum, a. board member of the Black Cowboy Museum, member of Historic Ricbmond Association, and is a Fort Bend Docent, ❑ James Hotopp. City Manager for Weatherford (Region 8) since 2019, Mr. Hotopp joined the City in 2007 as its Director of Water/Wastewater and Engineering and served the City in several capacities, including Utility Engineer, Director of Planning and Development, and. Assistant City Manager. He serves as a voting member of Region C Water Planning Group for Texas, which prepares a regional water plan for a 16-county group in North Texas. Mr, Hotopp is a member of the North Texas City Manager's Association, the North Texas Commission, and a board member of the Texas Public Power Association Previously, he worked in consulting engineering where he designed water treatment plants, wastewater treatment plants, water pump stations, wastewater lift stations, and distribution/collection lines. Page 3 of PLACE El Chris Coffman. City Manager ofGranbury (Region S). Mr. Coffman has 24 ears in public management. He has served as City Manager for Scaly, Borger, the Village of Timbercreek. Canyon, and Panhandle. He has also served as the Director of Local Government Services of the Panhandle Regional Planning Commission and served as Interim City Manager for the Cities of Fritch and Stratford. During his time at the Panhandle Regional Planning Commission, he served 26 con.nnties and 62 cities in the Panhandle. He is a Past President of the TCMA. Mr. Coffman holds a Bachelor of Science Degree in Public Administration from 'west Texas A&M University and has a Certified Public Manager designation through Texas Tech University. Brett Raney. City Administrator for the City of Cockrell Hill (Region 13) since 2015..Mr. Haney has been with Cockrell Hill since 2006 and was promoted to Assistant City Administrator in 2011. He is originally from Southern California and moved to North Texas in 2000. M. Haney earned Bachelor of Applied Arts and Sciences and Master of Public Administration degrees from the University of North. Texas. He is a member of TCMA and. currently serves on the Public Policy Committee and has served on the TCMA Advocacy Committee in recent years. He is very active as Cubmaster and Den Leader for Cub Scout Pack 717 in Feller, Texas. Mike Land. City Manager for the City of Coppell (Region 13) since 20,17, and Deputy City Manager from 2012-2017. Previously, he was Town. Manager for Prosper, City Manager for Gainsville, and Executive Director for the Southwestern Diabetic Foundation, Mr. Land has served on the International City/County Management (ICMA) Board of Directors, ICMA's Advisory Board on Graduate Education, Texas A M University's Development Industry Advisory Council, School Board Trustee for Gainesville Independent School District, and President of TCMA. Currently, he serves on the Texas Women's Leadership Institute Advisory Board and the UTA MPA Advisory Board; LJ Marian Mendoza. City Administrator for the City of Helotes (Region 7) since 2020. Ms. Mendoza has held positions with the City of Alamo Heights, as Assistant to the City Manager (2005-2020), and with the City of San Antonio as a Management Analyst (2003-2005). Previously she served as a Director overseeing homeless transition housing programs for the Salvation Army. She also serves as the Ex-Offncio Board Member of the Helotes Economic Development Corporation, Ms, Mendoza earned a !Bachelor's Degree from St. Mary's University and is part of the Certified Public Management program at Texas State University. She is a member of the TCMA, TCMA, and the International Hispanic Network. El Louis R. Rigby. Mayor of the City of La. Porte (Region 14) since 2010. Mayor Rigby previously served as the District 5 Councilperson from 2004 until 2010 before being elected Mayor. He is a member and past Director of the La Porte-Bayshore Chamber of Commerce and has held the offices of Treasurer, Vice -President, and President of the Harris County Mayors and. Councils Association. He graduated from San. Jacinto College and the University of Houston before earning an MPA from the University of Houston -Clear Lake. Mayor Rigby served in the U.S. Airforce from 1.968-1.972. He has actively advocated for the La Porte region on issues including heavy haul and solutions for hurricane damage and management. ATE IN CANIDIDATE: Page 4 of 6 PLACE Barry Beard. Commissioner for the City of Richmond (Region 14) since 2016. Mr. Beard retired from Moody National Bank where lie was the: Senior Vice President, He has served on many civic and community boards, He was President of the Board for Oak Bend Hospital, past Chair of the Central Fort Bend Chamber Alliance, past Chair of Are of Fort Bend, Congressman Olson's Service Academy Interview Committee and Fort Bend Partnership for Youth. He also served on the original Richmond Charter Commission, Richmond Parks Commission, Richmond Development Corporation, Richmond Historical Commission, Richmond Comprehensive Planning Advisory Committee, and the Richmond Rosenberg Local Government Corporation. E] Stephanie Fisher. Councilmember for Johnson City (Region 7). In2021,she was appointed as the Johnson City representative to the General Assembly of the Capital Area Council of Governments. The Executive Committee of the Capital Area COG appointed her to represent the COG on the Unified Scoring Committee of the Texas Department of Agriculture's Community Block Grant program, She serves on the Board of Directors for the Hill Country 100 Club and the Johnson City Community Education Foundation. She also is the: Commissioner for the Johnson City Youth Football program and sits on an advisory committee for the Johnson City Youth Spoils Association, She is, active in her church, as well as multiple activities within Johnson City ISD, and is member of the Blanco County Eclipse Task Force, Carl Joiner. Mayor for the City of Kemab (Region 14) since 2015. Prior to that, he served as a Kemah City Councilmeniber for three: years, He has served as President of the K,emah Community Development Corporation, Chairman of the Bay Area Houston Transportation Partnership, member of the Convention and Visitors Bureau Board, Chairman of the Clear Creek. Education Foundation, board member of the Chris Reed Foundation, Chairman of the Clear Lake Area Chamber, and Treasurer of the League City Regional Chamber of Commerce. He has received awards such as the Chairman's Award in 2020 for the League City Regional Chamber of Commerce and the Sam Walton Award for Integrity in Business. Opal Mauldin -Jones (Incumbent), City Manager for the City of Lancaster (Region 13) since 2011, and in various other roles for Lancaster since 2003. Under her leadership, the City has experienced two consecutive bond rating increases without issuing debt. The City has been designated a 2019 All -America, City and received the CiCi Award, It is one of less than 25 communities with all five Transparency Stars awarded by the Texas, Comptroller. Ms. Mauldin -Jones earned her Bachelor Business Administration and Master Public Administration degrees from the University of Texas at Arlington. She currently serves on the TCMA Board as Director -at -Large and as Vice President -Elect, and on the Board of the TML Intergovernmental Risk Pool, E] William Linn. City Manager of Kenedy (Region 7). Mr. Linn is a member of TCMA and ICMA. He earned a Bachelor of Science Degree in Business from Indiana University's Southeast campus. Thereafter, he was accepted to several law schools where he intended to specialize in business and intellectual property law. However, Mr. Linn opted to enroll in Southern New Hampshire University where he earned a. Master of Business Administration and Master of Science in Organizational Leadership concurrently. He is a Certified Fraud Examiner and a Certified Public Manager. He is working to complete the Lean Six Sigma Black Belt and Project Manager Professional Certifications. WRITE IN CANDIDATE: Page 5 of 6 Certificate I certify that the vote cast above has been cast in accordance with the will of the majority of the governing body of the public entity named below. Witness my hand, this day of 2022. ,Signature of Authorized Official Title Printed Name of. uthor zed Official Printed Name of Political Entity Page 6 of 6 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Ray Mayo, Director Department: Public Works Report ir" Resolution ir" Ordinance Exhibits: Professional Services Proposal; CDBG-MIT Contract: Harris Countv ILA Appropriation 015 (General CIP) 019 (Drainage) Source of Funds: 032 (Grant) 015-9881-690-1100 019-9881-690-1100 Account Number: 032-9881-690-1100 015 - $1,000,000 019 - $3,275,000 Amount Budgeted: 032 — $4,180,000 015 - $0 019 - $370,294.50 Amount Requested: 032 - $758,294.50 Budgeted Item: i; Yes ir No SUMMARY & RECOMMENDATION The United States Department of Housing and Urban Development (HUD) allocated $4,297,189,000 in Community Development Block Grant (CDBG) - Mitigation (MIT) funding to the state of Texas through their notice published in the Federal Register, 84 FR 45838 (August 30, 2019). The CDBG-MIT represents an opportunity to fund strategic and high -impact activities to mitigate disaster risks identified by a community and reduce future losses in those areas. In a letter dated June 22, 2020, the City of La Porte was invited to apply for supplemental CDBG-MIT funding for Drainage Project DR-4332-271 (Brookglen Subdivision Drainage Improvements Project), previously submitted to the Texas Division of Emergency Management (TDEM) as part of the Hazard Mitigation Grant Program (HMGP). The City's TDEM application requested funding for $4,000,000.00 for an anticipated project scope related to channel improvements along the B112-00- 00 Channel (Willow Springs Bayou). The 2009 City-wide Drainage Study identifies the Brookglen subdivision as an area with significant drainage/flooding problems, attributed to a mixture of inadequate storm sewerage and insufficient channel capacity within the B112-00-00 Channel. The combination of various improvements recommended within the City-wide Drainage Study are aimed at reducing the flood risk within the Brookglen area. In order to provide the downstream improvements necessary to mitigate impacts of future drainage improvements within the Brookglen subdivision, the potential scope of work within the TDEM application was intended to be limited to B112-00-00 channel improvements. Since then, HCFCD has initiated a drainage improvement project, providing additional detention capacity, thereby allowing for local improvements to be made within the Brookglen subdivision. As a result, the CDBG-MIT project scope was revised to provide overland sheet flow paths and increase the storm sewer collection system capacity to provide a level of service to accommodate the Atlas-14 100-year rain event. Potential improvements include: increasing storm sewer pipe capacity and level of service from a 3-year rain event, to the Atlas-14 100-year rain event by replacing approximately 7000 LF of storm sewer pipe (various sizes, 24" - 54"); replacing the existing 3-foot wide inlet openings with inlets having a minimum opening of 5-feet; creating overland sheet flow path(s) by reconstructing/regrading approximately 46,700 SY of concrete paving within the project area generally bounded by: Fairmont Parkway to the south; Willow Springs Bayou to the west; CenterPoint Energy powerline corridor to the north; and Gladwyne Lane to the east. Additional project components include replacement of existing waterline and sidewalk. The estimated total project cost is $11,940,009.88. Based on evaluations of current construction costs, additional funding may potentially be required to complete the entirety of the project scope, which could result in the project being constructed in phases. The preliminary engineering report is expected to evaluate project alternatives, including respective opinions of cost and potential construction phasing options. Currently, the Brookglen Drainage Improvement project has a total project allocation of $4,275,000, which was prefunded within the City's FY19, FY20, FY21, and FY22 budgets. The project is intended to continue to be prefunded until the total anticipated project cost is amassed, including all funding sources. Of the City's $4,000,000 CDBG- MIT grant award, $480,000 is allocated for engineering costs. Additionally, the City was awarded $2,900,023.28 in partnership funding from Harris County for drainage related project components, with the City's total contribution being $5,039,986.60. The City advertised Request for Qualifications (RFQ) #21602, in May 2021, for the provision of professional engineering services for various infrastructure rehabilitation projects. Twenty-four (24) statements of qualifications were received in response to the advertisement. An evaluation team consisting of the Assistant Director of Public Works, Utilities Superintendent, and CIP Manager evaluated each response. The top six respondents: Cobb, Fendley & Associates; Halff Associates; HDR Engineering; LJA Engineering; Lockwood, Andrews, & Newnam; and Schaumburg & Polk, were short- listed, to be utilized as needed. Short -listing multiple firms allows the work load to be distributed amongst various firms, as needed, to simultaneously complete projects. Halff Associates, Inc. is currently providing similar services to the City of La Porte for the Bayside Terrace Subdivision Drainage Improvement Project and the 100-acre Detention Pond Project, and has met performance expectations. Staff has negotiated the attached proposal for engineering service with Halff Associates, Inc. to provide preliminary engineering, final design, limited bidding and construction phase services in the amount of $1,128,589.00, including an initial authorization of $435,502.00 for preliminary engineering services, associated with development of a drainage impact analysis and construction recommendation(s). Preliminary engineering is expected to be completed within eight (8) months of authorization to proceed. Benefits: • Grant funds offset City's project related expenses. • Project focuses on the Drainage Committee's top prioritize project. • Consistent with priorities identified within the Harris County Multi -Hazard Mitigation Action Plan • The City's Comprehensive Plan - 2018 Five Year Update prioritized twelve actions, with Infrastructure and Drainage Improvements listed as the top priorities. • Project contributes to phased construction of Brookglen drainage improvements. Liabilities: • Project has to be completed by June 30, 2025 to meet CDBG-MIT contract requirements. • Construction improvements are not fully funded. • Flood risk reduction is further delayed. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to execute a professional services agreement, with Halff Associates, Inc., to provide preliminary engineering, final design, and limited bidding and construction phase services, for the Brookglen Subdivision Drainage Improvements Project, in the amount of $1,128,589.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date August 10, 2022 Mr. Lorenzo Wingate City Engineer 2963 N. 23rd Street LaPorte, TX 77571 RE: Engineering Services Fee Proposal Brookglen Subdivision Drainage Improvements Dear Mr. Wingate: Halff Associates Inc. (Halff) is pleased to submit our proposal to provide Preliminary Engineering services to increase drainage capacity within the Brookglen Subdivision in the City of LaPorte. The scope of work is also expected to include modelling existing and proposed hydraulic/ hydrologic conditions, redesigning the drainage and pavement, and replacing the water line and sidewalk. The project area is generally bounded by a CenterPoint transmission line corridor to the north, Willow Springs Bayou (B112-00-00) to the west, Fairmont Parkway to the south, and Gladwyne Lane to the east. This proposal will include the development of a preliminary engineering report (PER), final design plans, bid and construction phase services. In the PER, Halff will analyze existing conditions and evaluate proposed alternatives to recommend the most feasible design based on various factors including estimated construction cost, available right-of- way and easements, constructability, conflicts with existing utilities, and inconvenience to residents. Halff will produce alternatives to primarily improve drainage and present them to the City of La Porte in a Preliminary Engineering Report (PER). If the City authorizes Halff to further develop the design of any one of the alternatives in the PER, Halff will proceed with to proceed with Final Design (and Bidding and Construction Phase Services if authorized) to complete the design and produce signed and sealed plans for bidding and construction. Final design services would include geotechnical analysis. Existing Conditions: The existing pavement throughout the neighborhood is comprised of concrete curb and gutter streets. An underground storm sewer conveys flow to four outfall points: an underground collection system along Brookwood Drive at the north and center of the subdivision, a secondary collection system running along Lazy Brook Lane at the southwestern boundary of the subdivision, a third collection system running along Barrybrook Lane at the southwestern boundary of the subdivision and a fourth collection system running along Somerton Drive and Fairbrook Lane at the southwestern boundary of the subdivision. All outfalls terminate at Willow Springs Bayou. Access to a section of the three outfalls on the southwestern collection system is limited; a portion of the system is located within fenced -in backyards of properties within the subdivision. Proposed Conditions: Using the hydrologic and hydraulic model, Develop one (1) improvement alternative to reduce ponding in IFN.AL FIF ASSOCIATES, IIIhN�C.. 100 41 , Y Ok) H, SUl (F'I 760 I FL... WSW 66,68-52 W'WW,H,," H-'(:011 r CilNr..FtF 11,, TX 77S01-2.701 FAX (9.S6) 756r,„53:.:3 1�1�1�1�1�11 E Mr. Lorenzo Wingate IN INEHALFF City of La Porte ,1�1,1�1,1�1 August 4, 2022 Page 2 the neighborhood. Optional proposed condition analysis may also consider combining or adding outfalls, adding in -line detention, or potential offsite improvements to channels and detention basins. The basic services are divided into the following tasks: Preliminary Design Phase Services 1. Preliminary Design Phase Basic Services $ 199,581.00 (Lump Sum) 2. Optional Service (if authorized): $ 68,239.00 (Lump Sum) Additional Proposed Conditions Analysis 3. Topographic Survey $ 162,682.00 (Lump Sum) 4. Reimbursable Expenses: $ 5,000.00 (reimbursable) Total: $ 435,502.00 These services are described in detail in Attachment "A" and subsequent attachments. Should the City authorize Halff to proceed with Final Design services to complete the design and prepare bid -ready construction documents, Halff estimates the following services and fees for these extended services: Final Design. Bid. and Construction Services (estimated) (if authorized 5. Final Design Phase Services $ 469,139.00 6. Water Line Design, Traffic Control Plan $ 118,724.00 and SWPPP 7. Geotechnical Analysis $ 62,690.00 8. Bid Phase Services $ 7,273.00 9. Construction Phase Services $ 35,262.00 Total $ 693,087.00 Should Preliminary Design, Final Design, Bid, and Construction Phase services be authorized, the total estimated fee would be $1,128,589.00. These services are described in detail in Attachment "A" and subsequent attachments. We appreciate the opportunity to be of service to you and the City of LaPorte. Please feel free to contact me if you have any questions or comments concerning this proposal. Sincerely, Halff Associates, Inc mes L. Biel in, P.E. blic Works Team Leader Attachments: Approved by: Corby D. Alexander City Manager 1�1�1�1�1�11 N Mr. Lorenzo Wingate IN INNHALFF City of La Porte ,1�1,1�1,1�1 August 4, 2022 Page 3 Attachment "A": Detailed Scope of Services Attachment `B": Detailed Level of Effort Attachment "C": Project Area Map Attachment "D": Project Schedule Attachment `B": Proposal for Topographic Survey Services Attachment "F": Proposal for Geotechnical Services Attachment "G": Proposal for Water Line Design, Traffic Control Plan and SWPPP Cc. File 1�1�1�1�1�11 N Mr. Lorenzo Wingate IN INNHALFF City of La Porte ,1�1,1�1,1�1 August 4, 2022 Page 4 Attachment "A" The purpose of this proposal is to develop a PER, final design plans, and construction phase services for the Brookglen Subdivision Drainage Improvements project. The proposed project area can be seen in Attachment "C". SCOPE OF SERVICES Item 1: Preliminary Design Phase Services: The Preliminary Engineering Report will summarize findings from the drainage analysis and present alternative options to the City of La Porte for their approval. The PER may consider presenting the project in multiple phases based upon available funding. Preliminary Engineering Report services include: Project Management and Coordination a) Project management including invoicing, scheduling, and coordination with sub -consultants b) Conduct up to three (3) progress meetings with City of La Porte and HCFCD to discuss progress and results from the study. c) Perform QA/QC on all models and deliverables Data Collection a) Collect information from the City of La Porte and from other sources for the analysis including: • Terrain data • GIS shapefiles of storm sewer and other utilities • Available models and reports from previous studies in the area • Record drawings • Drainage complaint records b) Field Assessment — Conduct up to two (2) site visits to observe existing conditions and review potential project recommendations Drainage Analysis Existing Conditions a) Delineate subbasins for each inlet based on available record drawings and topography. Determine hydrologic parameters for each basin based on the City of LaPorte design criteria manual. b) Develop InfoWorks ICM ID/21) model for the neighborhood based on survey, field investigation, information collected from the City, and drainage basins. Model will include the inlets, storm sewer, HCFCD channels, and overland sheet flow. c) Simulate historical event will also be simulated at the request of the City to validate the model output. d) Simulated model for the 5-year, 10-year, and 100-year storm events using Atlas 14 rainfall. e) Evaluate system capacity and deficiencies and present existing results to the City. The existing conditions analysis will include the 100 ac-ft detention that is to be constructed by Pasadena and the two B512-02-00 Basins. Calculate the number of parcels/structures impacted, inundated areas, and middles of roadway impacted. i Drainage Analysis Proposed Conditions Mr. Lorenzo Wingate City of La Porte August 4, 2022 Page 5 a) Develop one (1) improvement alternative to reduce ponding in the neighborhood. Adjust the InfoWorks ICM model to reflect the improvement alternative. The alternative will include evaluation of mitigation to show no adverse impact downstream. Improvements may include: a. Storm sewer replacement b. Parallel storm sewer c. Detention/mitigation d. Channel improvements e. Street re -grading b) Simulate the improvement alternative for the 5-year, 10-year, and 100- year storm events to assess the hydraulic effectiveness of the project. Review potential impacts and assess the 100 ac-ft detention basin. Model the effects of connecting the east -west channel north of the project area to B 109-00-00. Calculate the number of parcels/structures impacted, inundated areas, and middles of roadway impacted. c) Develop estimated construction costs for the alternative including a 30% contingency. d) Preliminary civil design analysis including utility conflicts, constructability, and typical sections. e) Present the proposed alternative and recommendation to the City. Preliminary Engineering Report a) Prepare draft preliminary engineering report including methodology, assumptions, results, and recommendations. The report will include tables, exhibits, and appendices. The draft report will be submitted to the City and HCFCD for review and comment. b) Based on comments received on the draft report, revise and submit the final report to the City for approval. Include any digital information such as GIS shapefiles and models. c) Prepare presentation and attend Drainage Committee meeting to present findings and recommendations. Item 2: Optional Additional Proposed Conditions Analysis (if authorized) a) Develop two (2) additional improvement alternatives to reduce ponding in the neighborhood. Adjust the InfoWorks ICM model to reflect the improvement alternatives. Each alternative will include evaluation of mitigation to show no adverse impact downstream. Improvements may include: a. Storm sewer replacement b. Parallel storm sewer c. Detention/mitigation d. Channel improvements e. Street re -grading b) Simulate each improvement alternative for the 5-year, 10-year, and 100- year storm events to assess the hydraulic effectiveness of the project. Review potential impacts and assess the 100 ac-ft detention basin. Model the effects of connecting the east -west channel north of the project area to B 109-00-00. c) Develop estimated construction costs for each alternative including a 30% contingency. d) Preliminary civil design analysis including utility conflicts, constructability, and typical sections. Present the proposed alternatives and recommendations to the City. 1�1�1�1�1�11 N Mr. Lorenzo Wingate IN INNHALFF City of La Porte ,1�1,1�1,1�1 August 4, 2022 Page 6 Item 3: Topoeraphic Survey Services: Halff will contract Amani Engineering, Inc. to conduct a full topographic survey of the entire project alignment within the street right-of-way. Topographic survey will be delivered in AutoCAD Civil 3D format with field notes and ASCII files of all points obtained. See Attachment ` E" for a breakdown of the services included in this proposal. a) Full topographic survey from ROW to ROW with cross -sections at 100-ft maximum intervals, including: all existing appurtenances, water meters, valves, valve boxes, fire hydrants, improvements within the ROW (landscaping, mailboxes, etc.), trees, driveways, storm and sanitary flowlines, ditch and culvert flowlines, pipe sizes and materials, power poles, fences, etc. Obtain private utility records and incorporate into base drawing. Delineate public ROW based on land property monuments and deed records. Provide RPLS signed and sealed survey control maps in PDF format Item 4: Reimbursable Expenses a) Direct costs, including printing, plotting and reproduction, postage, mileage (62.5 cents per mile 2022 IRS Business Mileage Rate), messenger service, presentation materials and equipment will be considered reimbursable. They will be billed separately at 1.0 times the direct cost incurred. Direct costs incurred will be carefully monitored during the progress of this project and the fees will not exceed the amount without prior approval from client. Item 5: Final Design Phase Services (if authorized): Project Management for Final Design Project management services include: a) Project progress meetings, design review meetings, and conference calls b) Project site visits c) Coordination and communication with private utility owners to resolve conflicts and obtain signatures d) Attend public meetings e) Coordination with HCFCD f) Coordination with TxDOT g) Quality assurance and quality control of project deliverables Civil Design Services All design work will be completed using AutoCAD Civil 3D and will adhere to City of La Porte standards found in the PICM. Plans, specifications, and estimates will be submitted in three phases: 60%, 90%, and final. The project design will be based upon decisions approved by the City of La Porte in the PER phase. Civil design services include: 1�1�1�1�1�11 M Mr. Lorenzo Wingate IN INMHALFF City of La Porte ,1�1,1�1,1�1 August 4, 2022 Page 7 a) Development of general project drawings: cover sheet, sheet index, legend, general notes, existing and proposed typical sections, project layouts and demolition plan. b) Development of paving and drainage, and utility drawings: utility plan and profiles and paving/drainage plan and profiles. Paving and drainage plan and profile sheets will contain all roadway design and drainage design, 2-yr HGL elevations, storm sewer, and cross culverts. Utility plan and profiles will contain proposed water line and all related appurtenances. c) Development of miscellaneous drawings: drainage area maps, hydraulic computations, SWPPP layouts, traffic control plans, traffic control details; modification of City of La Porte water line details, SWPPP details, and storm sewer details as needed. d) Preparation of engineer's estimate of probable construction cost at each submittal. Quantities will be verified prior to each submittal. Halff will prepare the cost estimate and quantities using City of La Porte pay items and specifications. e) Assist with preparation of project manual including applicable technical specifications, general provisions, special specifications, and bid items with 90% and final submittals. The City of La Porte will provide front end documents. Item 6: Water Line Design. Traffic Control Plan and SWPPP Services (if authorized Halff will contract KIT Professionals to perform water line design, traffic control plans and stormwater pollution prevention plans for this project. See Attachment "G" for a breakdown of the services included in this proposal. Item 7: Geotechnical Analysis Services (if authorized) Halff will contract Associated Testing Laboratories to perform geotechnical services for this project in conformance with the requirements outlined in the HCED Subdivision Regulations and HCFCD regulations for outfall structures into the Willow Springs Bayou. See Attachment ' F" for a breakdown of the services included in this proposal. a) Geotechnical analysis services include evaluating the soil and groundwater conditions along the project alignment and providing geotechnical recommendations for proposed utility construction. Pavement recommendations will also be provided. Item 8: Bid Phase Services (if authorized) a) Attendance at the pre -bid meeting and compilation of notes for distribution. b) Preparation of pre -bid responses and responding to questions. c) Preparation of bid recommendation letter and bid tabulation summary. Item 9: Construction Phase Services (if authorized) a) Responding to submittals as requested by the City of La Porte b) Responding to RFI as requested by the City of La Porte c) Review change orders and pay estimates as requested by City of La Porte d) Design changes/plan revisions as requested by the City of La Porte e) Preparation of record drawings, maintenance of RFI and submittal log 1�1�1�1�1�11 N Mr. Lorenzo Wingate IN INNHALFF City of La Porte ,1�1,1�1,1�1 August 4, 2022 Page 8 Services Not Included in this scone of work: • Construction staking • Design of sanitary sewer other than design associated with conflicts to proposed storm sewer and water line • CCTV of existing water, sewer, or storm drain system • Preparing CLOMR or LOMR • Desktop environmental constraints analysis • Environmental permits • Waters of the United States Jurisdictional Assessment • Approved Jurisdictional Determination Assessment • Preliminary Jurisdictional Determination Assessment • Phase I and II Environmental Site Assessment • Cultural Resources Desktop Assessment • Cultural Resources Survey and Reporting • Threatened and Endangered Species Assessment • NEPA Documentation • Traffic studies or signal warrant studies • Traffic Signal design • ROW Acquisition Services • Visual Technology • Construction progress meetings • Construction site visits • Attending the pre -construction and substantial completion inspection meetings List of Assumptions: All consultant fees shown on are lump sum unless otherwise noted. The City of La Porte will provide any procedures, policies, data collection systems, engineering guidelines, standards, and design criteria that will be required for this project. The City of La Porte will retain ownership of any deliverables and electronic files created for this project but will not be supplied with software applications or licenses as part of this project. The proposed conditions analysis is limited to one improvement. Two additional improvement alternatives will be optional services if needed. The preliminary design phase services do not include a 30% submittal. City of La Porte will provide all reports and environmental permitting needed to construct prof ect. 7. Geotechnical analysis is scoped under the assumption that the proposed conditions analysis is limited to one improvement to increase the pipe size and no detention facilities. 8. Survey will be limited to the highlighted boundary on the Project Area Map. 9. The City of La Porte will be responsible for daily construction management of the project and will keep Engineer informed if any deviations to the plans occur. Attachment "B" Brookglen Subdivision Drainage Improvements Date: 5/25/2022 Principal Project senior CARD Managing Manager Project Engineer ER 7echn ician GIS Atlmin Total Hours Total Cost Revision 1: 6/24/2022, Revision 2: 8/4/2022 Director HOURLY RATE $ 259 $ 2, $ 155 $ 131 $ 105 $ 121 $ 60 ITEM 1: PRELIMINARY DESIGN PHASE BASIC SERVICES: Project Management and Coordination 1.A Project Management ..... .. _. ..... ..... .. _. .... 40 .. _. ..... .. _. .. _. 8 .... 48 $ 8,760 1.B Progress Meetings 6 6 6 12._. 30 $.... 5,299 1.0 QA/QC 32 24 56 $ 10,350 Subtotal Hours _ _ 6 78 30 12 ,0 _ 0 8 134 Subtotal Fee $ 1,553 $ 16,146$ 4,658 $ 1,573 $ - $ - $ 480 $ 24,409 Data Collection 2.A Date Collection 2 8 16 26 $ 3,395 2.B Field Assessment 8 8 8.... 24 $.... 3,947 Subtotal Hours _ _ 0 10 8 16 0 _ 16 0 50 Subtotal Fee $ - $ 2,070$ 1,242 $ 2,098 $ $ 7,342 Drainage Analysis Existing Conditions 3.A Subbasin delineation 8 24 60 92 $ 13,248 3.B Develop InfoWorks ICM Model 2 24 40 200 266 $ 37,916 3.0 Simulate historical events 4 8 24 36 $ 5,216 3D Simulate frequency storm events 4 16 40 60 $ 8,556 IE Evaluate aystem capacity and present results 4 8 16 40 68 $ 10,419 Subtotal Hours 6 48 104 364 _0. 0 0 _ 522 Subtotal Fee $ 1,553 $ 9,936 $ 16,146 $ 47,720 $ - $ - $ - $ 75,355 Drainage Analysis Proposed Conditions . 4.A Develop l improvement alternative 1 8 14 100 123 $ 17,198 4.B Simulate improvements for frequencystorm events 2 8 20 30 $ 4,278 4.0 Develop construction cost estimate 1 4 16 40 61 $ 8,815 4.D Preliminary civil design analysis 1 12 40 80 40 173 $ 23,641 4.E Present the proposed alternative and recommendation to the City 8 16 24 48 $ 7,286 Subtotal Hours 3 34 94 264 40 0 0 _ 435 Subtotal Fee $ 776 $ 7,038 $ 14,594 $ 34,610 $ 4,200 $ - $ - $ 61,218 Preliminary Engineering Report 5 A Draft Report _ _ _ _ _ _ 2 4 40 40 _ 40 _ 126 $ 17,630 5.B Final Report 2 16 24 8 50 $ 7,010 5.0 Drainage Committee Presentation 2 4 8 16 16 46 $ 6,617 Subtotal Hours ..... ..... .. _. ..... ..... .. _. 4 ..$ 10 64 80 0 ..... 64 .. _. _. 0 _. .. 222 Subtotal Fee $.... 1,035 2,070...$ 9,936 $ 10,488 $ $ 7,728 $.. $.... 31,257 TOTAL FEE: PRELIMINARY DESIGN PHASE BASIC SERVICES: $ 199,581 Brookglen I:\45000s\45119\001\Admin\Contracts\Halff-Design Proposal\ 8/10/2022 Page 1 of 4 Brookglen Subdivision Drainage I mprovements LOErev3 Attachment "B" Brookglen Subdivision Drainage Improvements Date: 5/25/2022 Principal Project Senior CADD Managing Manager Project Engineer ER 7echn ician GIS Atlmin Total Hours Total Cost Revision 1: 6/24/2022, Revision 2: 8/4/2022 Director HOURLY RATE $ 259 $ 2, $ 155 $ 131 $ 105 $ 121 $ 60 ITEM 2: OPTIONAL SERVICE (IF AUTHORIZED): ADDITIONAL PROPOSED CONDITIONS ANALYSIS Additional Proposed Conditions Analysis TA Develop 2 additional improvement alternatives 1 8 26 160 195 $ 26,927 7.13 Simulate improvements for frequency storm events 2 8 20 30 $ 4,278 TC Develop construction cost estimates 1 8 32 56 97 $ 14,224 7.D Preliminary civil design analysis 1 8 16 40 56 121 $ 15,523 TE Present the proposed alternatives and recommendations to the City 8 16 24 48 $ 7,286 Subtotal Hours ..... ..... .. _. ..... ..... .. _. 3 ..$ 34 ..$ 98 300 56 ._.5,880 .. _. 0 _. 0 _. .. 491 Subtotal Fee $.... 776 7,038.. 15,215 $ 39,330 $ $ $.. $.... 68,239 TOTAL FEE: OPTIONAL SERVICE (IF AUTHORIZED): ADDITIONAL PROPOSED CONDITIONS ANALYSIS I I I $ 68,239 ITEM 3: ADDITIONAL SERVICE: TOPOGRAPHIC SURVEY Topographic: Survey Services (Amani Engineering, Inc.) 6.A Topographic Survey of Project Area $ 155,060 6. B Coordination and Management of Subconsultant 2 20 16 8 46 $ 7,622 Subtotal Hours 2 20 16 0 0 0 8 46 Subtotal Fee $ 518$ 4,140$ 2,484 $ $ $ $ 480 $ 162,682 TOTAL FEES: ADDITIONAL SERVICE: TOPOGRAPHIC SURVEY I I $ 162,682 ITEM 4: REIMBURSABLE EXPENSES: Reimbursable Expenses 8.A Direct costs 0 $ 5,000 Subtotal Hours Subtotal Fee ..... ..... .. _. ..... ..... .. _. 0 0 $.._ ..$ -.. 0 ..$ ..... 0 0 $ .. _. $ ..... $ .. _. 0 $.. _. 0 _. .. 0 $.... 5,000 TOTAL FEES: REIMBURSABLE EXPENSES I $ 5,000 TOTAL FEES: PRELIMINARY DESIGN PHASE I$ 435,502 Brookglen I:\45000s\45119\001\Admin\Contracts\Halff-Design Proposal\ 8/10/2022 Paget of Brookglen Subd'v ision Drainage mprovements LOErev3 Attachment "B" Brookglen Subdivision Drainage Improvements Date: 5/25/2022 Principal Project senior CARD Managing Manager Project Engineer ER 7echn ician GIS Atlmin Total Hours Total Cost Revision 1: 6/24/2022, Revision 2: 8/4/2022 Director HOURLY RATE $ 259 $ 2, $ 155 $ 131 $ 105 $ 121 $ 60 ITEM 5: FINAL DESIGN PHASE SERVICES (If Authorized): Project Management 9.A Project Progress Meetings 8 8 16 $ 2,898 9.B Project Site Visits 8 8 8.... 24 $.... 3,947 9.0 Coordination with Private Utilities ..... .. _. ..... ..... .. _. .._ 8 24 .. _. 32 .. _. ..... .. _. .. _. .... 64 $ 9,577 9.D Attend Public Meetings 12 12 24 $.... 4,347 9.E Coordination with HCFCD 8 8 16 $.... 2,898 9.E Coordination with TxDOT ..... .. _. ..... ..... .. _. .... 4 8 .. _. .. _. ..... .. _. .. _. ..... 12 $.... 2,070 9.F QAQC Deliverables 16 80 120 216 $.... 39,330 Subtotal Hours _ _ 16 128 188 40 ,0 _ 0 0 ,372 Subtotal Fee $ 4,140 $ 26,496$ 29,187 $ 5,244 $ - $ - $ - $ 65,067 Civil Design'; Services 60% & 90% Design ReviewSubmittals and 100% Bid Ready Set 10.A General Project Drawings .... Cover Sheet _.. .... _.. _.. .... _.. 2 _. .... 2 .... .... ... 4 $ 521.. Index of Sheets 2 2 _ 4 $ 521.. Legend & Abbreviations 2 2 4 $ 521 _. General Notes ... ... _. ._ 2 _. _. 2 _. _. 4 $ 521 .. _. Existing and Proposed Typical Sections ..... .. _. ..... ..... .. _. .._ 4 .. _. .. _. 12 .1z .. _. .. _. ..... 16 $ 1,881 .. _. Project Layouts ..... .. _. ..... ..... .. _. .._ 4 .. _. .80 .. _. .. _. 16 ..._176 $.... 1,881.. Demolition Plan 16 80._. $.... 21,372 10.13 Plan and Profile Drawings Paying and Drainage Plan and Profiles (approximately 56 sheets) ,,. I I ,,. L. 360 _ 840_ I 952 _ I _ 2152 $ _ 265,974 10.0 Miscellaneous Drawings .. _. ..... .. _. ..... ..... .. _. .._ .. _. .. _. .. _. ..... Cross Sections 96 120.. 160 376 $.... 47,436 Storm Sewer Lateral 48 80 80 208 $.... 26,340 .. _. Driveway Table .. _. ..... ..... .. _. .._ 16 .. _. 40 .. _. 40 .16 .. _. .. _. .... 96 $.... 11,928 Drainage Area Maps.... 12 28 $.... 3,543 Modifcation of Storm Sewer Details 2 4 6 $ 731 10.D Estimate of Probable Construction (60%, 90%, and Final) 32 40 72 $ 10,212 10.E Technical Specifications/Project Manual (90% and Final) 32 40 8 80 $ 10,692 Subtotal Hours ..... ..... .. _. ..... ..... .. _. 0 ..$ 0 ..$ 630 1240 1364 .. _. 0 _. 8 3242 _. .. Subtotal Fee $.._ -.. 97808 $ 162564 $ 143220 $ $.. 480 $.... 404072 TOTAL FEES: FINAL DESIGN PHASE SERVICES (If Authorized): $ 469,139 ITEM 6: WATER LINE DESIGN, TRAFFIC CONTROL PLAN AND SWPPP (If Authorized): Water Line Design, Traffic Control Plan and SWPPP (KIT Professionals, )Inc.) 14.A Water Line Design $ 92,700 14.13 Traffic Control Plans $ 11,898 14.0 Stormwater Pollution Prevention Plans $ 8,574 14.D Coordination and Management of Subconsultant 2 16 8 8 34 $ 5,552 Subtotal Hours ..... ..... .. _. ..... ..... .. _. 2 ..$ 16 ..$ 8 0 .. _. 0 ..... .. _. 0 _. 8 _. .. 34 Subtotal Fee $.... 518 3,312.. 1,242 $ $ $ $.. 480 $.... 118,724 TOTAL FEES: WATER LINE DESIGN, TRAFFIC CONTROL PLAN AND SWPPP (If Authorized): I $ 118,724 Brookglen I:\45000s\45119\001\Admin\Contracts\Halff-Design Proposal\ 8/10/2022 Page 3 of 4 Brookglen Subdivision Drainage I mprovements LOErev3 Attachment "B" Brookglen Subdivision Drainage Improvements Date: 5/25/2022 Principal Project seniorcADD Managing Manager Project Engineer ER 7echn ician GIS Atlmin Total Hours Total Cost Revision 1: 6/24/2022, Revision 2: 8/4/2022 Director HOURLY RATE $ 259 $ 2, $ 155 $ 131 $ 105 $ 121 $ 60 ITEM 7: GEOTECHNICAL ANALYSIS (If Authorized(: Task 13 — Geotechnical }Analysis (Associated Testing Laboratories, Inc.) 13.A Geotechnical Analysis $ 59,794 13.B Coordination and Management of Subconsultant 1 8 4 6 19 $ 2,896 Subtotal Hours ..... ..... .. _. ..... ..... .. _. 1 ..$ 8 4 0 0 .. _. ..... .. _. 0 _. 6 _. .. 19 Subtotal Fee $.... 259 1,656...$ 621 $ $ $ $.. 360 $.... 62,690 TOTAL FEES: GEOTECHNI CAL ANALYSIS (If Authorized(: I 1 1 $ 62,690 ITEM 8: BID PHASE SERVICES (If Authorized(: Bid Phase Services 11.A Attend pre -bid meeting & compile notes 5 8 13 $ 2,277 11.B Prepare pre -bid responses& respond to questions 4 4 8.... 16 $ 2,498 11.0 Prepare bid recommendation letter &bid tabulation 4 4 8.... 16 $ 2,498 Subtotal Hours ..... ..... .. _. ..... ..... .. _. 0 ..$ 13 .. ..$ 16 16 0 ..... .. _. 0 _. 0 _. .. 45 Subtotal Fee $.._ 2,691 2,484 $ 2,098 $ $ $.. $.... 7,273 TOTAL FEES: BID PHASE SERVICES (If Authorized(: I I $ 7,273 ITEM 9: CONSTRUCTION PHASE SERVICES (If Authorized(: Construction Phase Services 12.A Respond to submittals 8 40 48 $ 7,866 12.B Respond to RFl_.. 8 40 48 $_.. 7,866 12.0 Review change orders and pay estimates 8 40 48 $ 7,866 12.D Revisions ..... ..... .. _. ..... ..... .. _. .._ 4 16 .. _. .. _. .24 .. _. .. _. .... 44 $.... 5,832 12.E Preparation of Record Drawings, RFI Log, and Submittal Log 4 16 24 44 $ 5,832 Subtotal Hours 0 32 152 0 48 0 0 232 Subtotal Fee $.... $ 6,624$ 23,598 $ $ 5,040 $ $ $ 35,262 TOTAL FEES: CONSTRUCTION PHASE SERVICES (If Authorized(: i I$ 35,262 TOTAL FEES: FINAL, BID, AND CONSTRUCTION PHASE (If Authorized(: $ 693,087 TOTAL FEES: PRELIMINARY, FINAL, BID, AND CONSTRUCTION PHASE (If Authorized(: $ 1,128,589 Brookglen I:\45000s\45119\001\Admin\Contracts\Halff-Design Proposal\ 8/10/2022 Page 4 of 4 Brookglen Subd'v ision Drainage Improvements LOErev3 "A" .dot eslering 'III ��„ Brookglen Subdivision Drainage Improvements Attachment " D' - Project Schedule ID ',.Task Name Duration Start Finish Half 2, 2022 Half 1, 2023 Half 2, 2023 A S'.0 N D'..1 F M'..A M I A S 0'..N Half 1, 2024 '.. Half 2, 2024 '.. Half 1, 2025 '.. D I M A 1 1 A O N'.D 1 F'.M A M'.1'.1 D Brookglen Subdivision Drainage Improvements 751 days Mon 8/15/22 Mon 6/30/25 .... .... """" """" """" .... .... "... "... """" """"'ll 1 Preliminary Design Phase 183 days Mon 8/15/22 Wed 4/26/23 ',. ',. 2 NTP Design / Kick -Off Meeting 1 day Mon 8/15/22 Mon 8/15/22 3 Data Collection 10 days Tue 8/16/22 Mon 8/29/22 4 Existing and Proposed Conditions Modeling 110 days Tue 8/30/22 Mon 1/30/23 1 5 Civil Design Analysis 15 days Tue 1/31/23 Mon 2/20/23 6 PER Preparation 15 days Tue 2/21/23 Mon 3/13/23/ 7 COLP and HCFCD PER Review 20 days Tue 3/14/23 Mon 4/10/23 '.."" 8... ',,.. Finalize PER 10 days Tue 4/11/23 Mon 4/24/23 9 ', Present Alternative to Drainage Committee 2 days Tue 4/25/23 Wed 4/26/23 10 Surveying 60days Tue8/16/22 Mon11/7/22 i////111111///!A 11 Final Design Phase 245 days Thu 4/27/23 Wed 4/3/24 ',. ',. 12 Geotechnical 30days Thu 4/27/23 Wed5/7/23 13 60% Design Submittal 75 days Thu 4/27/23 Wed 8/9/23 14 60% Review COLP 15 days Thu 8/10/23 Wed 8/30/23/ 15 90% Design Submittal 55 days Thu 8/31/23 Wed 11/15/23 16 90% Review COLP 15 days Thu 11/16/23 Wed 12/6/23 17 Final Design Submittal (Signed and Sealed) 55 days Thu 12/7/23 Wed 2/21/24 18 Bid Phase 30 days Thu 2/22/24 Wed 4/3/24 19 Construction Phase Services 323 days Thu 4/4/24 Mon 6/30/25i//V////////////////////////!J!//////////////////////l!J//////////////////////�JIJ///////////////////////l Task %%%///////////////////f/.h External Tasks f Manual Task II ... -:.... -II Flnishbnly :p Progress Project: Brookglen Subdivision Split External Milestone 1 Duration colt' ` - - - - - - - - - Deadline Oo Manual Progress Dra nage Improvements m Milestone ® Inactiveask T Manual Summary R011up u..... mmmmmmmmmmmmmmmmmmmmnuu Baseline Date: Thu 8/4/22 Summary Inactive Milestone Manual Summary Baseline Milestone , Project Summary ..""""`11 Inactive Summary .I ., Start -only II.. Baseline Summary A 0 Page 1 1�1�1�1�1�11 M Mr. Lorenzo Wingate IN INMHALFF City of La Porte ,1�1,1�1,1�1 August 4, 2022 Page 9 Attachment "E" SUB -CONSULTANT PROPOSAL — TOPOGRAPHIC SURVEY SERVICES Arnani Engineering, Inc. • Engineers . Surveyors , ConsRrLICtiurl Managers May 23, 2022 Mr. James Bielstein, PE Halff Associates, Inc. 100 I-45North, Suite 260 Conroe, TX 77301-2701 936.777.6385 Re: City of La Porte — Brookglen Subdivision Fee Proposal for Topographic Surveying Services -Revision I Dear Mr. Bielstem: Amain Engineering, Inc. is pleased to provide this revised fee proposal to perform topographic surveying for City of La Porte — Brookglen Subdivision. Based on our understanding from the email dated May 23, 2022, we propose the following scope of work, exceptions, deliverables, schedule, and fee. I. SCOPE OF WORK A. Tonoeranhic Survey • Tie into Harris County Flood Control Monument (RM 020250). Set horizontal and vertical controls. Horizontal Datum will be NAD 83 (2011 ADJ) Texas South Central Zone (4204).Vertical Datum will be NAVD88 (2001 ADJ).Vertical Datum will be NAVD 88 (2001 ADJ) GEOID99 (CONUS). Scale factor will be determined from OPUS observation of Harris County Flood Control Monument. Set horizontal and vertical controls throughout the project. Establish a minimum of two (2) temporary benchmarks and perform topographic survey, approximately 18,025 LF total as following: ➢ Along Gladwyne Lane from the intersection of Orchard Lane to 100 LF north of the Centerpoint Energy corridor, approximately 1,650 LF. ➢ Along Orchard Lane from the intersection of Gladwyne Lane to the intersection of Brookwood Drive, approximately 975 LF. ➢ Along Venture Lane from the intersection of Gladwyne Lane to the intersection of Willow Spring Bayou, approximately 1,525 LF. ➢ Along Hunters Field Lane from the intersection of Gladwyne Lane to the intersection of Brookwood Drive, approximately 800 LF. ➢ Along Brookwood Drive from the intersection of Gladwyne Lane to the intersection of Fairmont Parkway, approximately 3,175 LF. ➢ Along Hedgestone Court from the intersection of Brookwood Drive east to the end of cul-de-sac, approximately 325 LF. ➢ Along Kensington Court from the intersection of Brookwood Drive east to the end of cul-de-sac, approximately 425 LF. ➢ Along Somerton Drive from the cul-de-sac north to 100 LF north of the Centerpoint Energy corridor, approximately 1,700 LF. ➢ Along Wooddrift Lane from the cul-de-sac east to the intersection of Somerton Drive, approximately 200 LF. ➢ Along S. Shady Lane from the cul-de-sac east to the intersection of Somerton Drive, approximately 200 LF. 8303 Southwest Freeway, Suite 600, Houston, Texas 77074. Ph 713.270.5700 Fax 713.271.3487 May 23, 2022 City of La Porte — Brookglen Subdivision Fee Proposal for Topographic Surveying Services -Revision 1 Page 2 of 4 ➢ Along Barry Oaks Lane from the cul-de-sac east to the intersection of Somerton Drive, approximately 200 LF. ➢ Along Fairbrook Lane from the intersection of Brookwood Drive to the intersection of Brookwind Drive, approximately 425LF. ➢ Along Brookwind Drive from the intersection Fairbrook Lane to the intersection of Lazy Brook Lane, approximately 525LF. ➢ Along Lazy Brook Lane from the intersection Brookwind Drive to the intersection of Fairbrook Lane, approximately 1,825 LF. ➢ Along Fairbrook Lane from the intersection Lazy Brook Lane to the intersection of Somerton Drive approximately 525LF. ➢ Along Barrybrook Lane from the intersection Lazy Brook Lane to the end of the cul-de-sac, approximately 325LF. ➢ Along Somerton Drive from the intersection Lazy Brook Lane to the intersection of Fairbrook Lane, approximately 700 LF. ➢ Along Somerton Drive from the intersection Fairbrook Lane to the intersection of Fairmont Parkway approximately 375 LF. ➢ Along Fairmont Parkway 100LF east and west of the intersection of Somerton Drive, approximately 400 LF total, east and westbound Fairmont Parkway. ➢ Along Fairmont Parkway 100LF east and west of the intersection of Brookwood Drive, approximately 400 LF total, east and westbound Fairmont Parkway. ➢ Along the CenterPoint corridor from 100 LF east of Gladwyne Lane to the intersection of Willow Springs Bayou, approximately 1,350 LF. • Prepare Category 6, Condition 2 Topographic Survey base drawing in AutoCAD Civil 3D format with existing utilities shown using pipe network feature. • Prepare survey control drawings (survey layout and monument recovery sheets). • Review public and private record drawings and reconcile visible above ground utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records, to be provided by client. • Survey all markings that indicate the presence/approximate location of a subsurface utility. Flowlines for all storm and sanitary sewer systems including inlets and manhole elevations. For sanitary and storm systems provide at least one manhole upstream and downstream outside the project limits. • Preform Texas One -call system to locate and mark all private utilities. Request utility information from CenterPoint Energy, AT&T, and Comcast. • Visit project location with Natural Gas transmission line owner to shoot location and elevations (Texas Eastern Transmission LP) provided by others and to be coordinated by client. • Preform cross sections at 5 locations as shown in Exhibit I. Cross section will include flowline, toe, water surface elevation, grade breaks, top of bank and outfall pipes along with any other visible topographic feature. Outfall locations can be seen in City of Laporte GIS. In addition, one upstream and one downstream (150 LF upstream and 50 LF downstream) cross section at each of the 4 locations. • Apparent right-of-way (ROW) will be shown based on recorded deed information and the monumentation found in the field. A boundary survey will not be performed. \\AEFlLS0l\Data\Cadd\A1uani Engg\Proposals\Halff Associates\City of LaPorte - Brookglen\Revl\Fee Proposal City of LaPorte - Brookglen Subdivision.doc May 23, 2022 City of La Porte — Brookglen Subdivision Fee Proposal for Topographic Surveying Services -Revision 1 Page 3 of 4 • Survey geotechnical testholes set by others and provide x, y and z of each borehole in a spreadsheet, as well as, on the base drawing. • Prepare Texas RPLS signed and sealed survey control map. • Prepare plan and profile sheets (scale 1"=40' at 11"x17" sheet size) for use in the design of the ditch regrade, and driveway and culvert replacement by others, including aerial image in plan view. Profile view will include flow line of ditch, flow line of culvert pipes, and underground utilities 4-inch diameter or greater within the ditch regrade area, based on available information. Profile view will also include top of driveway elevation and natural ground at the approximate right-of-way line. Include Survey base line and bench mark information on plan and profile sheets. • Obtain two -2 abstract reports within the area of scope of Willow Springs Bayou to research the status of fee or easement. II. EXCLUSIONS: • Boundary or right-of-way determinations or surveys. • Public utility record drawings to be provided by client. • Right -of -entry permission to CenterPoint corridor and Willow Springs Bayou be provided by client. • Conflict investigation and analysis. • Level A SUE. • DTM surface. III. DELIVERABLES • Topographic survey drawings in plan view in AutoCAD Civil 3D format using pipe network feature. • Electronic copies of field notes and ASCII file. • Copy of Abstract reports. • Profile drawings in AutoCAD Civil 3D format and 22x34 pdf format. • Texas RPLS signed and sealed Survey Control Map in PDF format. IV. SCHEDULE • Topographic Survey —Twelve (12) weeks from the date of your written authorization and obtaining ROE, for 90% submittal of the topographic survey, weather permitting. • Plan and profile drawings shall be submitted within six (6) weeks after completing the topographic survey. • Two (2) weeks from the date we receive review comments for 100% submittal of the topographic survey. \\AEFlLS0l\Data\Cadd\A1uani Engg\Proposals\Halff Associates\City of LaPorte - Brookglen\Revl\Fee Proposal City of LaPorte - Brookglen Subdivision.doc May 23, 2022 City of La Porte — Brookglen Subdivision Fee Proposal for Topographic Surveying Services -Revision 1 Page 4 of 4 V. FEE Based on the enclosed level of effort estimate we propose a lump sum fee of $155,060.00 for topographic services. We appreciate this opportunity to propose on this project. Please call Christina Weaver, RPLS at 713-270-5700 ext. 116 if you have questions or need additional information concerning this proposal. Yours sincerely, For Amani Engineering, Inc. Mahesh Dutta, P.E., CFM Executive Vice President TBPF Firm Reg, No, 1, -4528 TBPL3Firni Reg, No, 10028200 HPK: md: cw End: 1.) Exhibit 1-Limits of Survey 2.) Exhibit 2-Level of Effort Estimate \\AEFlLSol\Data\Cadd\Arnani Engg\Proposals\Halff Associates\City of LaPorte - Brookglen\Revl\Fee Proposal City of LaPorte - Brookglen Subdivision.doc Exhibit II City of La Porte Level of Effort for Surveying Services -Brookglen Subdivision -Revision 1 Client: Halff 5/23/2022 Task Task Description Project Manager Project RPLS Graduate Engineer . Survey Technican CAD Technician SUE Technician 2-Man Survey Clerical Staff Task Hour Totals Cost ($) No. $210.00/Hr $175.00/Hr $120.00/Hr $110. 00/Hr. $95.00/Hr $120. 00/hr Crew $165.00/hr $90/Hr Route Topographic Survey Tie into closest Harris County Flood Control Monument (RM 010270). Set horizontal and vertical 1 controls. Horizontal Datum will be NAD 83 (2011 2 4 8 14 $2,110.00 ADJ) Texas South Central Zone (4204).Vertical Datum will be NAVD88 (2001 ADJ). 2 Set horizontal and vertical controls 2 8 48 58 $9,150.00 Perform Category 6, Condition II topographic survey 3 for approximately 18,025 LF to include apparent 24 16 400 440 $71,960.00 existing right-of-way only and 100' cross sections Utility Coordination- Survey all markings that indicate 4 the presence/approximate location of a subsurface 16 24 40 $5,880.00 utility based on 811 one call 5 Preform cross sections at 5 locations as shown in 8 32 40 $6,160.00 Exhibit I Visit project location with Natural Gas transmission 6 line owner to shoot location and elevations (Texas 4 8 12 $1,800.00 Eastern Transmission LP) provided by others and to be coordinated by client 7 Prepare CAD topographic survey in plan view 2 24 120 146 $16,430.00 7 Prepare plan and profiles 8 8 60 160 236 $25,480.00 8 Obtain Abstract reports (2 @ $1,000 ea) Lump Sum $2,000.00 9 Review abstract report and record documents 4 8 12 $1,580.00 10 Prepare signed and sealed survey control drawings. 8 24 32 $4,040.00 ROW based on monumentation found in the field. 11 Geotechinical Survey i j 2 j 8 8 18 $2,550.00 12 Project Management and QA/QC 1 4 1 16 1 16 4 40 $5,920.00 Estimated Hours Sub Totalsl 12 1 68 1 100 196 160 20 528 4 1,088 Estimated Fee Sub Totalsl $2,520.00 1 $11,900.00 1 $12,000.00 $21,560.00 $15,200.00 $2,400.00 $87,120.00 $360.00 $155,060.00 \AEE I LS01 Dete\C.dd Amen. Engg\Proposals\Huff Associates\City of L.POffB -Brookglen\Rev 1 \\Level of Effort-Braaku,.-Rev 1 1�1�1�1�1�11 M Mr. Lorenzo Wingate IN INMHALFF City of La Porte ,1�1,1�1,1�1 August 4, 2022 Page 10 Attachment "F" SUB -CONSULTANT PROPOSAL — GEOTECHNICAL SERVICES (if authorized) 1ASSOCIATED TESTINl lu- J R,1%'11 () is 1 li... S June 15, 2022 Proposal No: GP22-0501-Rev2 Mr. James "Jim" Bielstien, P. E. Public Works Team Leader HALFF Associates, Inc. Houston, Texas Reference: Proposal for Geotechnical Investigation Brookglen Subdivision Drainage, Water Replacement & Pavement Improvements City of LaPorte, Texas Dear Mr. Bielstein, Associated Testing Laboratories, Inc. (ATL) is pleased to submit this proposal to provide geotechnical services for the subject project. This proposal presents a general description of the project, our proposed scope of work to be provided, and the estimated budget for our services. Introduction Based on the information provided by HALFF Associates, Inc., ATL understands that the project consists of drainage improvements, waterline removal & replacement, and pavement by removing existing and replacing it with new concrete pavement within the project alignment inside Brookglen Subdivision along: • The project alignment will run along Brookwood Dr, Brookwood Ln, Venture Ln, Lazy Brook Lane, Somerton Dr, Orchard Ln, Gladwyne, and Huntersfield Ln. • Four (4) outfall structures to be replaced or improved within Brookglen Subdivision. Brookglen Subdivision proposed features that include RCP and RCB improvements and four (4) outfall structures. The project location is presented in Figure 1: Vicinity Map. Scope of Work The scope of the geotechnical investigation is to conduct field investigation, laboratory testing, and geotechnical recommendations for the subject project. Our services include a review of the existing conditions of the drainage system, removal and replacement of water lines, and removal and replacement of existing pavement including the affected driveway along the project alignment within the Brookglen Subdivision, City of La Porte, Texas. It is our understanding that there are four (4) existing drainage outfall structures that require replacement. Field Exploration Prior to the pavement coring and soil investigation, afield reconnaissance study will be conducted by HALFF Associates, Inc. personnel to evaluate the existing site. Upon written request by the County Engineer, a geotechnical study plan will be established. \\Atl-server\geo\Proposal\2022\GP22-0501 - Brookglen Subdivision - La Porte\GP22-0501 - Brookglen Subdivison - Rev2.doc 1 ASSOCIATED TESTING IG, A B 0 f l AVT 0 I[1 II I[ 3143 Yellowstone Blvd, Houston, Texas 77054 Tel: (713) 748-3717 Fax: (713) 748-3748 ATL assumes the existingproject alignment will be accessible with our truck -mounted drill rig, and traffic control signs and cones will be used during drilling operation for workpersonnel safety. ATL assumes that the permission to access the proposed boring locations along the project alignment will be provided at ATL at no cost. It is our understanding that HALFF Associates, Inc. assumed 15-feet to 30-feet deep borings will be ideal proposed depths along the subdivision. Boring locations are shown in Figure 2: Proposed Boring Location Plan. ATL assumed the twenty (20) borings inside Brookglen Subdivision require pavement coring. Drilling and sampling will be done continuously to fifteen (15) feet and the deep borings continuously to twenty feet (20) and 5 feet intervals after. Tabulation of soil borings and depth are shown below. Boring Depth, ft. Street Location Coring required, Yes/No B-1 30 Venture Ln Yes B-2 25 Venture Ln Yes B-3 25 Venture Ln Yes B-4 25 Venture Ln Yes B-5 25 Huntersfield Ln Yes B-6 25 Somerton Dr Yes B-7 25 Somerton Dr Yes B-8 25 Brookwood Dr Yes B-9 25 Brookwood Dr Yes B-10 25 Brookwood Dr Yes B-11 15 Brookwood Dr Yes B-12 15 Brookwood Dr Yes B-13 15 Gladwyne Ln Yes B-14 15 Brookwind Ln Yes B-15 15 Somerton Dr Yes B-16 15 Somerton Dr Yes B-17 30 Lazybrook Dr Yes B-18 15 Lazybrook Dr Yes B-19 15 Orchard Ln Yes B-20 15 Brookwood Dr Yes Soil Borings:2 @ 30' [60LF], 9 @ 25' [225 LF], 9 @ 15' [135 LF] TOTAL = 420 LF, Piezometer: 1 @ 25' [25 LF] The field investigation will be performed in accordance with Standard Practice for Soil Investigation and Sampling by Auger Borings [ASTM D 1452]. ATL plans to drill the soil borings using a truck- \\Atl-server\geo\Proposal\2022\GP22-0501 - Brookglen Subdivision - La Porte\GP22-0501 - Brookglen Subdivison - Rev2.doc 2 ASSOCIATED TESTING IG, A B 0 f l AVT 0 I[1 II I[ 3143 Yellowstone Blvd, Houston, Texas 77054 Tel: (713) 748-3717 Fax: (713) 748-3748 mounted rig. The test borings will be drilled using dry auger methods until groundwater is observed or caving soils were encountered. When groundwater is encountered the levels will be allowed to stabilize for approximately 15 minutes. The soil borings will be logged and sampled by an experienced geotechnical engineering technician. Soil samples will be obtained continuously to fifteen (15) feet and deep borings to twenty feet (20) and 5 feet intervals thereafter. Undisturbed samples of cohesive soils will be obtained using 3-inch diameter seamless Shelby tubes pushed to 2-feet increments. The extruded samples will be wrapped in protective foil and transported to our laboratory. Field shear strengths of the clays will be measured in the field with a hand penetrometer and correlations between this data and laboratory shear strength data will be made during analysis. Standard penetration tests (SPT) will be performed in low cohesion silts and sands. We will record the driving resistance while performing the standard penetration tests. The samples will be placed in sealed bags and delivered to our laboratory. The borings will be drilled dry and the depth at which groundwater is encountered (if any) will be recorded. The boreholes will be grouted after the completion of drilling and sampling. We will install one (1) 25 feet deep piezometer at preselected boring after sampling borings to measure 24-hr, 15-days & 30-days water level readings. The piezometer will be removed and plugged with cement and bentonite slurry after the 30-day water level reading is performed. Laboratory Testing In the laboratory, each sample will be inspected and classified by a qualified engineer. Laboratory tests will be performed in general accordance with the corresponding ASTM standards and will classify soils and define design geotechnical parameters for the construction of proposed drainage and outfall recommendation, waterline replacement, and pavement recommendations within the Brookglen Subdivision. Laboratory tests will vary with the soils encountered but will be planned to classify soils and define them. All tests will be performed in accordance with the American Society of Testing Materials (ASTM) Procedures. All soil samples obtained will be retained for 3 months after the completion of the final report. Engineering Analyses and Reporting The field and laboratory data will be summarized in an engineering report. Analyses of these data will be presented, and recommendations made in accordance with the HCED Subdivision Regulations and HCFCD regulations for outfall structures into the Willow Springs Bayou. Recommendations will be made relative to the following: Summary of the field and laboratory findings Existing site conditions \\Atl-server\geo\Proposal\2022\GP22-0501 - Brookglen Subdivision - La Porte\GP22-0501 - Brookglen Subdivison - Rev2.doc ASSOCIATED TESTING IG, A B 0 f l AVT 0 I[1 II I[ Ali • Subsurface soil and groundwater conditions 3143 Yellowstone Blvd, Houston, Texas 77054 Tel: (713) 748-3717 Fax: (713) 748-3748 • Geotechnical design recommendations include site and subgrade preparation after removal of existing pavement, fill and backfill placement, and subgrade and compaction requirements on road pavements and driveways along project alignments if any. • Control of groundwater. • Constructability issues. • Recommendation for outflow structures including RCP & RCB. An electronic copy of the draft report will be initially submitted. Once we have received HALFF Associates, Inc. Consulting Engineers and the Harris County Engineer's review comments, an electronic copy of the final report will be issued incorporating the comments. Cost Estimate Based on the scope of work outlined above, we estimate the cost for the field, laboratory, and engineering services for the geotechnical services presented in this proposal to be $59,794.00 (including pavement coring and patching) The cost estimates using the estimated project quantities and requirements are presented in the enclosed Itemized Geotechnical Fee Estimate spreadsheet. This estimate assumes: that underground utilities at proposed boring locations will be cleared by Texas 811 Call Service and/or private property maintenance personnel; boring locations and elevations will be surveyed by others; that the sites will be accessible to our truck -mounted equipment; and environmental sampling/ handling/ transportation/ disposal are not in the scope of this project. Permission/permit to access the site, if needed, will be arranged by others at no cost to ATL. Proiect Schedule Upon written notice, from the County Engineer, to proceed with the geotechnical study plan, the geotechnical consultant will begin the geotechnical study. Once this project is authorized and Notice to Proceed is received, and after HALFF Associates, Inc. conducted the initial site conditions survey and layout of the preliminary locations for soil borings, ATL personnel will conduct a site visit within 3 days to visit the proposed boring locations and assess the site logistics. The coring/boring locations will be field adjusted according to the site conditions (including traffic conditions, existing utilities, etc.). ATL will call Texas 811 Call Services to request utility clearance for the coring/boring locations (which requires at least 3 days for clearance). ATL plans to conduct the soil borings in about 2 days after HALFF Associates, Inc. has completed the existing conditions survey. The laboratory soil testing will take about one week to complete. ATL will submit a draft report in about 3 to 4 weeks. \\Atl-server\geo\Proposal\2022\GP22-0501 - Brookglen Subdivision - La Porte\GP22-0501 - Brookglen Subdivison - Rev2.doc 11 ASSOCIATED TESTING IG, A B 0 f l AVT 0 I[1 II I[ 3143 Yellowstone Blvd, Houston, Texas 77054 Tel. (713) 748-3717 Fax: (713) 748-3748 We appreciate the opportunity to submit this proposal and look forward to being of service to you on this project. Very truly yours, ASSOCIATED TESTING LABORATORIES, INC. Nutan V Palla, Ph.D., RE Director, Geotechnical Services Enclosures: Figure 1: Vicinity Map Figure 2: Proposed Boring Location Plan Itemized Fee Estimate \\Atl-server\geo\Proposal\2022\GP22-0501 - Brookglen Subdivision - La Porte\GP22-0501 - Brookglen Subdivison - Rev2.doc 5 � e r � NORTH I.1ti �o 610 s�,�BI l IJJT"Ply✓:ldJl,mk'LI ...,,, � � 22S r FARK —SAM M1bG„K)Srd. N W''ar F Wt4P AY .... -' ° II 146 i;url,r, ulMy l,rllu; rinra k4 1;��, A (""'oull ry d Coil rrol ) I � rIc, ( IoCIIIu„ (l ica:::C )) o„ Wt rMa7.W Project: ASSOCIATED Proposal No.: GP22-0501 Brookglen Subdivision Drainage & Pavement TEST 1 N G La Porte, Harris County, Texas L A, W"r 1.1 IW-t A II1.1 N-P 01 I@ ,?s Not To Scale Client: HALFF Associates, Inc. FIGURE 1 Houston, Texas Vicinity Map M NORTH B�)� h�gll B NB W7 M 30 hflevp, h)W 60 L 2 � B)� h g" B 2 Hui n B M M 25 " levp' h)W 2�!S L� J Bm hg" B N W Hlil an B N4" B ll% Hui an B 20 M levp� I(MIL CNM� ( ,owl w'H BoN hug B k fido P a M 2 S " Illee.da I i;url�(""'olull IV ::lood Coil Irol ) I '� r I c 1 ( I o C I I I I C �. (I is 1::: C K ey Nq I p Mc: 4 78 D Project: ASSOCIATED Proposal No.: GP22-0501 Brookglen Subdivision Drainage & Pavement TEST IN13 La Porte, Harris County, Texas I A, 1 0 R A, 11 93 R, Il E,, Not To Scale Client: HALFF Associates, Inc. Proposed Boring Location Plan FIGURE 2 Houston, Texas Geotechnical Investigation Proposal Brookglen Subdivison Drainage & Pavement City of La Porte, Harris County, Texas ATL Proposal No. GP22-0501 June 15, 2022 ITEMIZED GEOECHNICAL FEE ESTIMATE Brookglen Subdivison Drainage & Pavement Borings: 2 @ 30' , 9@25'; 9@15; [420 LF]; PZ: 1@25' [25 LF] A. FIELD EXPLORATION Current Qty. Unit Unit Rate Amount Mobilization/Demobilization (Truck Rig) 1 LS $700.00 $700.00 Mobilization/Demobilization (ATV Rig) 0 LS $250.00 $0.00 Technician for Staking,Utilities Clearance Coordination 8 hrs. $90.00 $720.00 Soil Drilling and Sampling (continuous; <up to 20') 355 ft. $25.00 $8,875.00 Soil Drilling and Sampling (20'-50' intermittent) 55 ft. $23.00 $1,265.00 Soil Drilling and Sampling (intermittent; > 50') 0 ft. $25.00 $0.00 Surcharge for Drilling and Sampling Over 100' 0 ft. $10.00 $0.00 Grouting Holes 390 ft. $12.00 $4,680.00 Piezometer Installation 25 ft. $24.00 $600.00 Piezometer Abandonment 30 ft. $20.00 $600.00 Pavement Coring and Patching (up to 6" thick) 20 ea. $150.00 $3,000.00 Pavement Coring and Patching (> 6" thick) 120 inches $13.50 $1,620.00 24-Hour, 7- and 30-day PZ Water Level Readings 16 hrs. $65.00 $1,040.00 Vehicle Charge 20 hrs. $12.00 $240.00 Flagman 40 hrs. $26.50 $1,060.00 SUBTOTAL $24,400.00 B. GEOTECHNICAL LABORATORY TESTING Unit Unit Rate Amount Moisture Content (ASTM D-2216) 195 ea. $10.00 $1,950.00 Atterberg Limits (ASTM D-4318) 84 ea. $71.00 $5,964.00 Passing No. 200 Sieve (ASTM D-1140) 65 ea. $55.00 $3,575.00 Unconfined Compression (ASTM D-2166) 25 ea. $51.00 $1,275.00 Unconsolidated -Undra i ned Triaxial Test (ASTM D-2850) 45 ea. $72.00 $3,240.00 Crumb Tests (ASTM D-6572) 20 ea. $43.00 $860.00 Double Hydrometer Tests (ASTM D-4221), with D90 and D50 5 ea. $250.00 $1,250.00 SUBTOTAL $18,114.00 C. ANALYSES & REPORT PREPARATION Unit Unit Rate Amount Senior Engineer -Project Manager (P.E.) 16 hrs. $205.00 $3,280.00 Project Engineer (P.E.) 40 hrs. $165.00 $6,600.00 Graduate Engineer 40 hrs. $115.00 $4,600.00 Draftsman/Word Processor 40 hrs. $70.00 $2,800.00 SUBTOTAL $17,280.00 TOTAL ESTIMATED FEE OF PROPOSED SCOPE (INCLUDING ADDITIONAL COSTS) $59,794.00 1�1�1�1�1�11 M Mr. Lorenzo Wingate IN INMHALFF City of La Porte ,1�1,1�1,1�1 August 4, 2022 Page 71 Attachment "G" SUB -CONSULTANT PROPOSAL — WATER LINE DESIGN, TRAFFIC CONTROL PLAN, & SWPPP (if authorized) ooioI Innovative Solutions. Trusted Experts. June 15, 2022 Halff Associates, Inc. 100 1-45 North, Suite 260 Conroe, Texas 77301 Attn: Bielstein, James, PE Ref: Proposal for Water Line Design, Traffic Control (TCP) Plans and Storm Water Pollution Prevention Plan (SWPPP) Plans Brookglen Subdivision, City of La Porte, TX Dear Mr. Bielstein, KIT Professionals, Inc. (KIT) is pleased to provide Water Line Design, Traffic Control (TCP) plans and Storm Water Pollution Prevention Plans (SWPPP) preparation services for the referenced project. Our scope of services include the following major work elements. Water Line Design 1. KIT will provide proposed water line design including all tapping connections to existing water lines, proposed fire hydrants, proposed water meters and abandonment of existing water lines. 2. KIT will provide quantity take-off's and cost estimate for water line design scope. 3. KIT will coordinate meetings with Halff Associates / City of La Porte as required for approvals. 4. KIT will provide WL crossing design across Willow Springs Bayou. 5. KIT will assist with the preparation and review of water line details and specifications. 6. Halff associates will provide topo survey and plan and profile cut sheets to KIT in CAD. 4) A GIf.:... 1 0 IIF' ooioI Innovative Solutions. Trusted Experts. Traffic Control Plans 14 7. KIT will evaluate current roadway pavement condition which include: cross section, traffic circulation at intersections, pedestrian and unusual roadway features. 8. KIT will analyze existing traffic flow patterns and develop Traffic Control Plans in accordance with the Harris County design standards and guidelines. The construction sequence and design of Traffic Control Plans (TCP) will be based on Texas Manual on Uniform Traffic Control devices (Texas MUTCD) and the latest TCP design requirements. 9. KIT will coordinate meetings with Halff Associates/City of La Porte and local governing agencies. Storm Water Pollution Prevention Plan (SWPPP) 1. KIT will utilize the available record drawing information and conduct a field inventory of existing drainage system conditions. 2. KIT will prepare SW3P in accordance with Storm Water Management Handbook for Construction Activities prepared by The Harris County (HC) / Harris County Flood Control District (HCFCD) under industrial activity regulations of Texas Pollutant Discharge Elimination System (TPDES).KIT will design the most appropriate erosion and remediation control for the construction project based on the site condition, site evaluation, and engineering judgment and prepare Quantity take-off's and cost estimate. PROFESSIONAL ENGINEERING FEES: KIT Professionals, Inc. (KIT) will provide Professional Engineering Fees in accordance with the agreement on a lump sum basis. Task 1 : Water line design $92,700.00 Task 2 : Traffic Control Plans $11,898.00 Task 3 : Storm Water Pollution Prevention Plan $8,574.00 Total fees $113,172.00 ooioI Innovative Solutions. Trusted Experts. 14 Attached please find our detailed level of effort (LOE's) for your approval. We will strive to perform our services to achieve project goals on time to meet the project schedule. KIT appreciates the opportunity to provide you with our services. If I can be of any, further service or answer any additional questions, please feel free to call me at (713) 972-6624 or email me at „rri.ba.................... p..�, ii.p ,ii„ pirp, p,rrn. We look forward to working with you. Sincerely, Sekhar Ambadapudi, P.E. Project Manager Attachments: 1. LOE for Water line design 2. LOE for Traffic Control plans 3. LOE for SW3P 4'' 3 0 IIF BROOKGLEN SUBDIVISION IN LA PORTE,TX LEVEL OF EFFORT - WATER LINE DESIGN OF EFFORT sheets o � :.-. 1 ��a •,,,o ,,,a 111m •.11� �•11 Engineering / Project Management ®Project ManaSernent.. Meefinfis Sub-totaf Hours/Costs Reimbursable Expenses m 11 11 KIT Professional, Inc 6/15 BROOKGLEN SUBDIVISION IN LA PORTE,TX LEVEL OF EFFORT- TRAFFIC CONTROL PLANS OF • ' 'p cific Traffic Control Plans - All streets (4 sheets) Barricade Standard (1 sheet) Sub-totaf Hours/Costs Engineering / Project Management Field Visit and Site Reconnaissance Reimbursable Expenses m ®•..:e Courier m 00 KIT Professionals, Inc 6/15 BROOKGLEN SUBDIVISION IN LA PORTE,TX LEVEL OF EFFORT - STORM WATER POLLUTION PREVENTION PLANS OF • ' SWEEP Standard Details (1 sheet) Sub-totaf Hours/Costs Engineering / Project Management Field Visit and Site Reconnaissance SWEEP Specifications SWEEP Construction Cost Estimate Calculation Reimbursable Expenses m � m•:.:. Courier 00 KIT Professionals, Inc 6/15 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 GLO CONTRACT No. 22-119-004-D374 COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM INFRASTRUCTURE PROJECTS NON -RESEARCH & DEVELOPMENT MITIGATION FUNDING The GENERAL LAND OFFICE (the "GLO"), a Texas state agency, and CITY OF LA PORTE, Texas Identification Number (TIN) 17460015526 ("Subrecipient"), each a "Party" and collectively the "Parties," enter into this Subrecipient agreement (the "Contract") under the U.S. Department of Housing and Urban Development's Community Development Block Grant Mitigation ("CDBG- MIT") program to provide financial assistance with funds appropriated under the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (Public Law 115-123), enacted on February 9, 2018, for necessary expenses for Activities authorized under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. § 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, mitigation, and affirmatively furthering fair housing, in accordance with Executive Order 12892, in the most impacted and distressed areas resulting from major declared disasters that occurred in 2015, 2016, and 2017 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.). Through CDBG-MIT Federal Award Number B-18-DP-48-0002, awarded January 12, 2021, as may be amended from time to time, the GLO administers grant funds as Community Development Block Grants (Catalog of Federal Domestic Assistance Number 14.228, "Community Development Block Grants/State's program and Non -Entitlement Grants in Hawaii"), as approved by the Texas Land Commissioner and limited to use for facilitating recovery efforts in Presidentially -declared major disaster areas. ARTICLE I - GENERAL PROVISIONS 1.01 SCOPE OF PROJECT AND SUBAWARD (a) Scope of Project The purpose of this Contract is to set forth the terms and conditions of Subrecipient's participation in the CDBG-MIT program. In strict conformance with the terms and conditions of this Contract, Subrecipient shall perform, or cause to be performed, the Infrastructure Activities defined in Attachment A (the "Project"). Subrecipient shall conduct the Project in strict accordance with this Contract, including all Contract Documents listed in Section 1.02, below, and any Amendments, Revisions, or Technical Guidance Letters issued by the GLO. GLO Contract No. 22-119-004-D374 Page 1 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 (b) Subaward Subrecipient submitted a Grant Application under the Program. The GLO enters into this Contract based on Subrecipient's approved Grant Application. Subject to the terms and conditions of this Contract and Subrecipient's approved Grant Application, the GLO shall issue a subaward to Subrecipient in an amount not to exceed $4,000,000.00, payable as reimbursement of Subrecipient's allowable expenses, to be used in strict conformance with the terms of this Contract and the Performance Statement, Budget, and Benchmarks in Attachment A. The GLO is not liable to Subrecipient for any costs Subrecipient incurs before the effective date of this Contract or after the expiration or termination of this Contract. The GLO, in its sole discretion, may reimburse Subrecipient for allowable costs incurred before the effective date of this Contract, in accordance with federal law. 1.02 CONTRACT DOCUMENTS This Contract and the following Attachments, attached hereto and incorporated herein in their entirety for all purposes, shall govern this Contract: ATTACHMENT A: Performance Statement, Budget, and Benchmarks ATTACHMENT B: Federal Assurances and Certifications ATTACHMENT C: General Affirmations ATTACHMENT D: Nonexclusive List of Applicable Laws, Rules, and Regulations ATTACHMENT E: Special Conditions ATTACHMENT F: Monthly Activity Status Report ATTACHMENT G: GLO Information Security Appendix (CDBG) ATTACHMENT H: Public Law 113-2 Contract Reporting Template 1.03 GUIDANCE DOCUMENTS Subrecipient is deemed to have read and understood, and shall abide by, all Guidance Documents applicable to the CDBG-MIT program, including, without limitation, the following: (a) 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; (b) the relevant Federal Register publications; (c) the Action Plan; (d) the Method of Distribution (as applicable); (e) Other guidance posted at: https:Hrecovery.texas.�zov/action-Mans/miti�zation- funding/index.html; and GLO Contract No. 22-119-004-D374 Page 2 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 (f) Other guidance posted at: hqps://www.hudexchange. info/. All Guidance Documents identified herein are incorporated herein in their entirety for all purposes. 1.04 DEFINITIONS "Acquisition" means the purchase by Subrecipient of residential real property in a floodplain or Disaster Risk Reduction Area for any public purpose, as further defined in 42 U.S.C. § 5305(a)(1). Subrecipient may acquire property through the property owner's voluntary relinquishment of the property upon Subrecipient's purchase of it or through Subrecipient's eminent domain authority. "Act" means Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. § 5301, et seq.). "Action Plan" means the State of Texas CDBG Mitigation (CDBG-MIT) Action Plan, as amended, found at hqps:Hrecovery.texas.gov/action-plans/mitigation-funding/index.html. "Activity" means a defined class of works or services eligible to be accomplished using CDBG-MIT funds. Activities are specified in Subrecipient's Performance Statement and Budget in Attachment A. "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, including Title 2, Part 200, of the Code of Federal Regulations and Chapters 321 and 2155 of the Texas Government Code. "Advance Payment" means any payment issued by the GLO to Subrecipient before Subrecipient disburses awarded funds for Program purposes, as further defined at 2 C.F.R. § 200.1 and 2 C.F.R. § 200.305. "Amendment" means a written agreement, signed by the Parties hereto, that documents alterations to the Contract other than those permitted by Technical Guidance Letters or Revisions, as herein defined. "Application" or "Grant Application" means the information Subrecipient provided to the GLO that is the basis for the award of funding under this Contract. "As -Built Plans" means the revised set of drawings submitted by a contractor upon completion of a project or a particular job that reflects all changes made in the specifications and working drawings during the construction process and show the exact dimensions, geometry, and location of all elements of the work completed under the proj ect. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the execution page or included by reference. "Audit Certification Form" means the form, as specified in the GLO Guidance Documents, that Subrecipient will complete and submit to the GLO annually, in accordance with Section 4.01 of this Contract, to identify Subrecipient's fiscal year expenditures. "AUGF" means HUD Form 7015.16, Authority to Use Grant Funds. GLO Contract No. 22-119-004-D374 Page 3 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 "Benchmark" means the milestones identified in Attachment A that define actions and Deliverables required to be completed by Subrecipient for release of funding by the GLO throughout the life of the Contract. "Bud et" means the budget for the Activities funded by the Contract, a copy of which is included in Attachment A. "Buvout" means an Acquisition of real property in a floodplain or Disaster Risk Reduction Area that Subrecipient makes with the intent to reduce risk of real and personal property damage from future flooding events. Real property purchased under a local Buyout program is subject to post -acquisition land -use restrictions, which require that any structures on the property be demolished or relocated and the land be reverted to a natural floodplain, converted into a retention area, or retained as green space for recreational purposes. "CDBG-MIT" means the Community Development Block Grant Mitigation Program administered by the U.S. Department of Housing and Urban Development, in cooperation with the GLO. "Certificate of Construction Completion" or "COCC" means a document to be executed by Subrecipient, Subrecipient's construction contractor, and Subrecipient's engineer for each construction project that, when fully executed, provides final performance measures for the project and indicates acceptance of the completed project. "C.F.R." means the United States Code of Federal Regulations, the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United States. "Contract" means this entire document; any Attachments, both physical and incorporated by reference; and any Amendments, Revisions, or Technical Guidance Letters the GLO may issue, to be incorporated by reference herein for all purposes as they are issued. "Contract Documents" means the documents listed in Section 1.02. "Contract Period" means the period of time between the effective date of the Contract and its expiration or termination date. "Deliverable" means a work product required to be submitted to the GLO as set forth in the Performance Statement and Benchmarks, which are included in Attachment A. "Disaster Risk Reduction Area" means a clearly delineated area established by Subrecipient in which real property suffered damage from a disaster for which CDBG- MIT funding has been awarded to Subrecipient and in which the safety and well-being of area residents are at risk from future flooding events. "Environmental Review Record" or "ERR" means the cumulative documentation required for each Activity or project to certify whether or not the Activity or project was found to have significant impacts on the environment and certify that, in order to reach said conclusion, the required environmental review process was completed in accordance with HUD's environmental regulations. GLO Contract No. 22-119-004-D374 Page 4 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 "E uipment" means tangible personal property (including information technology systems) having a useful life of more than one year and a per -unit acquisition cost that equals or exceeds the lesser of the capitalization level established by Subrecipient for financial statement purposes or $5,000, as further defined at 2 C.F.R. § 200.313. "Event of Default" means the occurrence of any of the events set forth in Section 3.03, herein. "Federal Assurances" means Standard Form 424B (for non -construction projects) or Standard Form 424D (for construction projects), as applicable, in Attachment B, attached hereto and incorporated herein for all purposes. "Federal Certifications" means the document titled "Certification Regarding Lobbying — Compliant with Appendix A to 24 C.F.R. Part 87" and Standard Form LLL, "Disclosure of Lobbying Activities," also in Attachment B, attached hereto and incorporated herein for all purposes. "Federal Register" means the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices, including U.S. Department of Housing and Urban Development's Federal Register Notice 84 Fed. Reg. 45838 (August 30, 2019) and any other publication affecting CDBG- MIT funding allocations. "Fiscal rear" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "FWCR" means Final Wage Compliance Report, a report Subrecipient will prepare at the completion of each federally funded project to certify that all workers on the project have been paid contract -specified prevailing wages and that any restitution owed to workers has been paid. "GAAP" means "generally accepted accounting principles." "GASB" means accounting principles as defined by the Governmental Accounting Standards Board. "General Affirmations" means the affirmations in Attachment C, which Subrecipient certifies by signing this Contract. "GLO" means the Texas General Land Office and its officers, employees, and designees, acting in their official capacities. "GLO Implementation Manual" means the manual created by the GLO for subrecipients of CDBG-MIT grant allocations to provide guidance and training on the policies and procedures required so that subrecipients can effectively implement CDBG-MIT programs and timely spend grant funds. "Grant Completion Report" or "GCR" means a report containing an as -built accounting of all Activities completed under the Project and all information required for final acceptance of Deliverables and Contract closeout. "Grant Manager" means the authorized representative of the GLO responsible for the day-to-day management of the Project and the direction of staff and independent contractors in the performance of work relating thereto. GLO Contract No. 22-119-004-D374 Page 5 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 "Guidance Documents" means the documents referenced in Section 1.03. "HUD" means the United States Department of Housing and Urban Development. "h-nplementation Schedule" means the schedule that establishes the Project milestones Subrecipient will utilize to ensure timely expenditures and Project completion. "Infrastructure" means a project involving the creation of, repairs to, or replacement of public -works facilities and systems, including roads, bridges, dams, water and sewer systems, railways, subways, airports, and harbors. The term "Infrastructure" may also include a Planning Study project that relates to or affects Infrastructure facilities or systems. "Intellectual Property" means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and worldwide registration of such, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. "Method of Distribution" or "MOD" means a document developed for a specific region that outlines the distribution of CDBG-MIT funding to counties, cities, and local government entities in the region. "MID" means "most impacted and distressed," referencing a geographical area identified by the State of Texas or HUD as an area that sustained significant damage from a major disaster. "Monthly Activity Status ReDort" means a monthly Project Benchmark status report, as required under Section 4.02, for which a template is included as Attachment F of this Contract. "NTP" means "notice to proceed," a written authorization from the GLO to Subrecipient that allows Subrecipient to commence the work described in the NTP. "Performance Statement" means the statement of work for the Project in Attachment A, which includes specific Benchmarks and Activities, provides specific Project details and location(s), and lists Project beneficiaries. llplannimz" means an Activity performed to assist in determining community disaster recovery needs such as urban environmental design, flood control, drainage improvements, surge protection, or other recovery responses. Planning services cannot include engineering design. "Pro ,ram" means the CDBG-MIT program, administered by HUD and the GLO. "Proiect" means the work to be performed under this Contract, as described in Section 1.01(a) and Attachment A. "Prompt Pay Act" means Chapter 2251 of the Texas Government Code. "Public Information Act" or "PIA" means Chapter 552 of the Texas Government Code. "Revision" means the GLO's written approval of changes to Deliverable due dates, movement of funds among budget categories, and other Contract adjustments the GLO may approve without a formal Amendment. GLO Contract No. 22-119-004-D374 Page 6 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 "Start -Up Documentation" means the documents identified in Section 2.8.1 of the GLO Implementation Manual that must be completed and/or submitted to the GLO as specified in Section 4.01, below, before the GLO may reimburse Subrecipient for any invoiced expenses. "Subrecipient" means City of La Porte, a recipient of federal CDBG-MIT funds through the GLO as the pass -through funding agency. Subrecipient may also be referred to as "Provider" herein. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of this Contract or the CDBG-MIT Program that is issued by the GLO and provided to Subrecipient, applicable to specific subject matters pertaining to this Contract, and to which Subrecipient shall be subject as of a specific date. "Texas Integrated Grant Reporting System" or "TIGR" means the GLO system of record for documenting and reporting the use of grant funding. "U.S.C." means the United States Code. 1.05 INTERPRETIVE PROVISIONS (a) The meaning of a defined term applies to its singular and plural forms. (b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. (c) The term "including" means "including, without limitation." (d) Unless otherwise expressly provided, a reference to a contract includes subsequent amendments and other modifications thereto that were executed according to the contract's terms and a reference to a statute, regulation, ordinance, or other law includes subsequent amendments, renumbering, recodification, and other modifications thereto made by the enacting authority. (e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract. (f) The limitations, regulations, and policies contained herein are cumulative and each must be performed in accordance with its terms without regard to other limitations, regulations, and policies affecting the same matter. (g) Unless otherwise expressly provided, reference to any GLO action by way of consent, approval, or waiver is deemed modified by the phrase "in its sole discretion." Notwithstanding the preceding, the GLO shall not unreasonably withhold or delay any consent, approval, or waiver required or requested of it. (h) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day. (i) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received. (j) Time is of the essence in this Contract. GLO Contract No. 22-119-004-D374 Page 7 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 (k) In the event of conflicts or inconsistencies between this Contract, its Attachments, federal and state requirements, and any documents incorporated herein by reference, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: all applicable laws, rules, and regulations, including, but not limited to, those included in Attachment D; the Contract; Attachment A; Attachment E; Attachment B; Attachment C; Attachment F; Attachment G; Attachment H; applicable Guidance Documents; and the GLO Implementation Manual. Conflicts or inconsistencies between GLO Implementation Manual and this Contract; any laws, rules, or regulations; or any of the Guidance Documents should be reported to the GLO for clarification of the GLO Implementation Manual. ARTICLE II — REIMBURSEMENT, ADVANCE PAYMENT, BUDGET VARIANCE, AND INCOME 2.01 REIMBURSEMENT REQUESTS Each invoice submitted by Subrecipient shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment must be submitted via the GLO's Texas Integrated Grant Reporting (TIGR) system of record or as otherwise specified in a Technical Guidance Letter issued under this Contract. Subrecipient will be paid in accordance with the Contract Budget and the Benchmarks described in Attachment A. Failure by Subrecipient to perform any action or submit any Deliverable as described in Attachment A could result in the GLO placing a hold on further Subrecipient draws, conducting an official monitoring risk assessment, or requiring repayment, in part or in full, by Subrecipient of drawn funds in addition to other remedies provided to the GLO under this Contract. A draw request for an Advance Payment must be supported with documentation clearly demonstrating that the Advance Payment is required by Subrecipient in order for Subrecipient to continue carrying out the purpose of the Project. 2.02 TIMELY EXPENDITURES In accordance with the Federal Register and to ensure timely expenditure of grant funds, Subrecipient shall submit reimbursement requests under this Contract, at a minimum, quarterly. THE GLO MUST RECEIVE A REIMBURSEMENT REQUEST FOR AN INCURRED EXPENSE NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS FROM THE DATE SUBRECIPIENT OR ANY OF ITS SUBCONTRACTORS INCUR THE EXPENSE. THE GLO MAY, IN ITS SOLE DISCRETION, DENY REIMBURSEMENT REQUESTS THAT DO NOT MEET THIS REQUIREMENT, ISSUE DELINQUENCY NOTICES, WITHHOLD CAPACITY POINTS ON FUTURE FUNDING COMPETITIONS, IMPOSE A MONITORING REVIEW OF SUBRECIPIENT'S ACTIVITIES, OR IMPLEMENT OTHER CORRECTIVE ACTIONS. Subrecipient shall make timely payments to its subcontractors in accordance with Chapter 2251 of the Texas Government Code. GLO Contract No. 22-119-004-D374 Page 8 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Subrecipient shall submit final reimbursement requests to the GLO prior to Contract expiration or termination. The GLO, in its sole discretion, may deny payment and de - obligate remaining funds from the Contract upon expiration or termination of the Contract. The GLO's ability to de -obligate funds under this Section 2.02 notwithstanding, the GLO shall pay all eligible reimbursement requests that are timely submitted. 2.03 VARIANCE Amendments to decrease or increase the subaward amount or to add or delete an Activity may be made only by written agreement of the Parties, under the formal Amendment process described in Section 8.16, below. The GLO may, in its sole discretion and in conformance with federal law, approve other adjustments required during Project performance through a Revision or Technical Guidance Letter. Such approvals must be in writing and may be delivered by regular or electronic mail. SUBRECIPIENT SHALL SUBMIT A FINAL BUDGET AND ACTUAL EXPENDITURES AS PART OF THE GRANT COMPLETION REPORT TO THE GLO PRIOR TO CONTRACT EXPIRATION OR TERMINATION OR AT THE CONCLUSION OF ALL CONTRACT ACTIVITIES, WHICHEVER OCCURS FIRST. THE GRANT COMPLETION REPORT SHALL BE IN A FORMAT PRESCRIBED BY THE GLO AND SHALL CONFIRM ELIGIBILITY AND COMPLETION OF ALL ACTIVITIES PERFORMED UNDER THIS CONTRACT. FAILURE TO SUBMIT THE FINAL BUDGET AND ACTUAL EXPENDITURES TO THE GLO AS PART OF THE GRANT COMPLETION REPORT PRIOR TO CONTRACT EXPIRATION OR TERMINATION WILL RESULT IN FORFEITURE AND DE -OBLIGATION OF REMAINING, UNREQUESTED FUNDS. Upon completion of the Project, the GLO shall formally close out the Project by issuing a closeout letter to Subrecipient. 2.04 PROGRAM INCOME In accordance with 24 C.F.R. § 570.489(e), Subrecipient shall maintain records of the receipt and accrual of all program income, as "program income" is defined in that section. Subrecipient shall report program income to the GLO in accordance with Article IV of this Contract. Subrecipient shall return all program income to the GLO at least quarterly. 2.05 SUBAWARD OFFER SUBJECT TO CANCELLATION IF SUBRECIPIENT DOES NOT RETURN THE ORIGINAL SIGNED CONTRACT TO THE GLO WITHIN SIXTY (60) DAYS OF TRANSMITTAL OF THE CONTRACT TO SUBRECIPIENT, SUBAWARD FUNDING FOR THE PROJECT MAY BE SUBJECT TO CANCELLATION, IN THE SOLE DISCRETION OF THE GLO. ARTICLE III - DURATION, EXTENSION, AND TERMINATION OF CONTRACT 3.01 DURATION OF CONTRACT AND EXTENSION OF TERM This Contract shall become effective on the date on which it is signed by the last Parry and shall terminate on June 30, 2025, or upon the completion of all Benchmarks listed in Attachment A and required closeout procedures, whichever occurs first. Subrecipient GLO Contract No. 22-119-004-D374 Page 9 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 must meet all Proiect Benchmarks identified in Attachment A. Subrecipient's failure to meet any Benchmark may result in suspension of payment or termination under Sections 3.02, 3.03, or 3.04, below. Upon receipt of a written request and acceptable justification from Subrecipient, the GLO, at its discretion, may agree to amend this Contract to extend the Contract Period one time for a period of up to two years. ANY REQUEST FOR EXTENSION MUST BE RECEIVED BY THE GLO AT LEAST SIXTY (60) DAYS BEFORE THE ORIGINAL TERMINATION DATE OF THIS CONTRACT AND, IF APPROVED, SUCH EXTENSION SHALL BE DOCUMENTED IN A WRITTEN AMENDMENT. 3.02 EARLY TERMINATION The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days after the date of the notice. Upon receipt of such notice, Subrecipient shall cease work, terminate any subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 3.03 EVENTS OF DEFAULT Each of the following events shall constitute an Event of Default under this Contract: (a) Subrecipient fails to comply with any term, covenant, or provision contained in this Contract; (b) Subrecipient makes a general assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (c) Subrecipient makes a materially incorrect representation or warranty in a Performance Statement, a reimbursement request for payment, or any report submitted to the GLO under the Contract. Prior to a determination of an Event of Default, the GLO shall allow a thirty (30) day period to cure any deficiency or potential cause of an Event of Default. The GLO may extend the time allowed to cure any deficiency or potential cause of an Event of Default. The GLO shall not arbitrarily withhold approval of an extension of the time allowed to cure a deficiency or potential cause of an Event of Default. In no event shall the amount of time allowed to cure a deficiency or potential cause of an Event of Default extend beyond the Contract Period. 3.04 REMEDIES; NO WAIVER Upon the occurrence of any Event of Default, the GLO may avail itself of any equitable or legal remedy available to it, including without limitation, withholding payment, disallowing all or part of noncompliant Activities, or suspending or terminating the Contract. The Parties' rights or remedies under this Contract are not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing, upon the occurrence of an Event of Default. The GLO's failure to insist upon the strict observance or performance of any of the provisions of this Contract or to exercise any right or remedy provided in this Contract shall not impair, waive, or relinquish any such right or remedy with respect to another Event of Default. GLO Contract No. 22-119-004-D374 Page 10 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 3.05 REVERSION OF ASSETS Upon expiration or termination of the Contract and subject to this Article (a) If applicable, Subrecipient shall transfer to the GLO any CDBG-MIT funds Subrecipient has in its possession at the time of expiration or termination that are not attributable to work performed on the Project and any accounts receivable attributable to the use of CDBG-MIT funds awarded under this Contract; and (b) If applicable, real property under Subrecipient's control that was acquired or improved, in whole or in part, with funds in excess of $25,000 under this Contract shall be used to meet one of the CDBG-MIT National Objectives pursuant to 24 C.F.R. § 570.208, as identified in the Action Plan, until five (5) years after the expiration of this Contract or such longer period of time as the GLO deems appropriate. If Subrecipient fails to use the CDBG-MIT funded real property in a manner that meets a CDBG-MIT National Objective for the prescribed period of time, Subrecipient shall pay the GLO an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG-MIT funds for acquisition of, or improvement to, the property. Subrecipient may retain real property acquired or improved under this Contract after the expiration of the five-year period or such longer period of time as the GLO deems appropriate. ARTICLE IV - CONTRACT ADMINISTRATION 4.01 SUBMISSIONS — GENERALLY Except for legal notices that must be sent by specific instructions pursuant to Section 8.10 of the Contract, any report, form, document, or request required to be submitted to the GLO under this Contract shall be sent in the format prescribed by the GLO. If Subrecipient fails to submit to the GLO any required Program documentation in a timely and satisfactory manner as required under this Contract, the GLO, in its sole discretion, may issue a delinquency notification and withhold any payments, pending Subrecipient's correction of the deficiency. (a) Start -Up Documentation Not later than the close of business sixty (60) calendar days after the effective date of this Contract, Subrecipient must submit its Start -Up Documentation to the GLO. (b) Audit Certification Form Not later than the close of business sixty (60) calendar days after the end of Subrecipient's fiscal year for each year during the Contract term, Subrecipient must submit a completed Audit Certification Form to the GLO. (c) Other Forms In conformance with required state and federal laws applicable to the Contract: (i) Subrecipient certifies, by the execution of this Contract, all applicable statements in Attachment C, General Affirmations; GLO Contract No. 22-119-004-D374 Page 11 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 (ii) Subrecipient must execute Standard Form 424D, Federal Assurances for Construction Programs, found at Page 1 of Attachment B; (iii) Subrecipient must execute the "Certification Regarding Lobbying Compliant with Appendix A to 24 C.F.R. Part 87," found at Page 3 of Attachment B; and (iv) If any funds granted under this Contract have been used for lobbying purposes, Subrecipient must complete and execute Standard Form LLL, "Disclosure of Lobbying Activities," found at Page 4 of Attachment B. 4.02 MONTHLY ACTIVITY STATUS REPORTS Subrecipient must provide monthly Activity status reporting, in the format prescribed in Attachment F (Monthly Activity Status Report) or as otherwise instructed by the GLO Grant Manager, for each individual Activity identified in Attachment A. The Monthly Activity Status Report is due on the fifth day of the month following the month in which the reported Activities were performed for the duration of the Contract. Subrecipient shall submit the Monthly Activity Status Reports to the GLO through the TIGR system as prescribed in Attachment F or as specified by the GLO Grant Manager. 4.03 HUD CONTRACT REPORTING REQUIREMENT HUD requires the GLO to maintain a public website that accounts for the use and administration of all GLO-administered CDBG-MIT grant funds. To assist the GLO in meeting this requirement, Subrecipient must prepare and submit monthly to the GLO a written summary of all contracts procured by Subrecipient using grant funds awarded under this Contract. Subrecipient shall only report contracts as defined in 2 C.F.R. § 200.1. Subrecipient must use a template developed by HUD to prepare the monthly reports, attached hereto as Attachment H and accessible online at his://www.hudexchange.info/ resource/3898/public-law-I13-2-contract-reporting tem 11 ate/. On or before the fifth day of each month during the Contract Period, reports summarizing required information for the preceding month shall be submitted through the TIGR system as prescribed in Attachment H or as specified by the GLO Grant Manager. Additional information about this reporting requirement is available in Federal Register publications governing the CDBG-MIT funding allocation. 4.04 SECTION 3 REPORTING REQUIREMENTS In accordance with 24 C.F.R. § 75.25, Subrecipient is required to submit to the GLO quarterly reports documenting actions taken to comply with the employment, training, and contracting requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. � 1701u), the results of such actions taken, and impediments encountered (if any) to such actions. Subrecipient should maintain records of job vacancies, solicitations of bids or proposals, selection materials and contracting documents (including scopes of work and contract amounts), in accordance with procurement laws and regulations. Records should demonstrate Subrecipient's efforts to achieve the Section 3 numerical goals. GLO Contract No. 22-119-004-D374 Page 12 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Section 3 quarterly reports are due on the I Oh of the month following the quarter's close. The schedule is as follows: Quarter 1 (Sept -Nov): Due December loth Quarter 2 (Dec -Feb): Due March loth Quarter 3 (Mar -May): Due June loth Quarter 4 (Jun -Aug): Due September loth Subrecipient is also required to submit an annual report, due on September 30 of each year during the Contract Period. Forms for the Section 3 quarterly and annual reports may be found at https:Hrecovery.texas.gov/1ocal- government/resources/infrastructure/index.html. Subrecipient must submit completed forms to the GLO through the TIGR system, as instructed by the GLO Grant Manager. If Subrecipient conducts no hiring or contracting efforts during a quarter, Subrecipient must report zeros in the quarterly report fields for such and add a note in the "other efforts, see remarks below" field that states that fact. Subrecipient is not required to develop and implement a Section 3 Plan and assign a Section 3 Coordinator, but these actions are considered best practices. ARTICLE V - FEDERAL AND STATE FUNDING, RECAPTURE OF FUNDS, AND OVERPAYMENT 5.01 FEDERAL FUNDING (a) Funding for this Contract is appropriated under the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (Division B, Subdivision 1 of the Bipartisan Budget Act of 2018) (Public Law 115-123), enacted on February 9, 2018, for necessary expenses for Activities authorized under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. § 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, mitigation, and affirmatively furthering fair housing, in accordance with Executive Order 12892, in the most impacted and distressed areas resulting from major declared disasters that occurred in 2015, 2016, and 2017 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.). The fulfillment of this Contract is based on those funds being made available to the GLO as the lead administrative state agency. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the CDBG-MIT Program and any other applicable laws. All funds disbursed under this Contract are subject to recapture and repayment for non-compliance. (b) Subrecipient must have a Data Universal Numbering System (DUNS) number and a Commercial and Government Entity (CAGE) code. Subrecipient shall report its DUNS number and CAGE code to the GLO for use in various grant -reporting documents. A DUNS number may be obtained by visiting the Dun & Bradstreet website: hops://www.dnb.com. A CAGE code will be assigned when the obtained DUNS number is registered with the System for Award Management at hops://www.sam.gov. Assistance with the System for GLO Contract No. 22-119-004-D374 Page 13 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Award Management website may be obtained by calling 866-606-8220. Subrecipient is responsible for renewing its registration with the System for Award Management annually and maintaining an active registration status throughout the Contract Period. 5.02 STATE FUNDING (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas or the GLO in violation of Article III, Section 49, of the Texas Constitution. The GLO's obligations hereunder are subject to the availability of state funds. If adequate funds are not appropriated or become unavailable, the GLO may terminate this Contract. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their interests accrued up to the date of termination. (b) Any claim by Subrecipient for damages under this Contract may not exceed the amount of payment due and owing Subrecipient or the amount of funds appropriated for payment but not yet paid to Subrecipient under this Contract. Nothing in this provision shall be construed as a waiver of the GLO's sovereign immunity. 5.03 RECAPTURE OF FUNDS Subrecipient shall conduct, in a satisfactory manner as determined by the GLO, the Activities as set forth in the Contract. The discretionary right of the GLO to terminate for convenience under Section 3.02 notwithstanding, the GLO may terminate the Contract and recapture, and be reimbursed by Subrecipient for, any payments made by the GLO (a) that exceed the maximum allowable HUD rate; (b) that are not allowed under applicable laws, rules, and regulations; or (c) that are otherwise inconsistent with this Contract, including any unapproved expenditures. This recapture provision applies to any funds expended for the Proiect or any Activity that does not meet a CDBG-MIT Program National Obiective as specified in the Performance Statement in Attachment A or that is not otherwise eligible under CDBG-MIT regulations. 5.04 OVERPAYMENT AND DISALLOWED COSTS Subrecipient shall be liable to the GLO for any costs disallowed pursuant to financial and/or compliance audit(s) of funds Subrecipient received under this Contract. Subrecipient shall reimburse the GLO for such disallowed costs from funds that were not provided or otherwise made available to Subrecipient under this Contract. Subrecipient must refund disallowed costs and overpayments of funds received under this Contract to the GLO within 30 days after the GLO issues notice of overpayment to Subrecipient. 5.05 FINAL BENCHMARK (a) Construction Activities To ensure full performance of each construction Activity and the Project, the GLO has set aside an amount equal to five percent (5%) of Subrecipient's GLO Contract No. 22-119-004-D374 Page 14 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 construction budget per Activity until completion and acceptance by the GLO of all actions and Deliverables for the Activity, as identified in Attachment A. The GLO shall make the final disbursement to Subrecipient only upon the GLO's receipt and acceptance of the Deliverables identified in Attachment A as required for the completion of construction phase. If Subrecipient has multiple construction subcontracts, an amount equal to five percent (5%) of Subrecipient's construction budget per construction subcontract shall be withheld by the GLO until completion and acceptance by the GLO of all actions and Deliverables identified in Attachment A for the particular project. Separate Deliverables are required per construction subcontract, and associated costs are pro -rated in accordance with budget details in the final GLO-approved Application. If a project includes more than one Environmental Review Record, associated costs are pro -rated in accordance with budget details in the final GLO- approved Application. (b) Project Delivery — Grant Administration To ensure full performance of this Contract, the GLO has set aside an amount equal to five percent (5%) of Subrecipient's project delivery — grant administration budget until completion and acceptance by the GLO of all actions and Deliverables identified in Attachment A. ARTICLE VI - INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND USE (a) The Parties shall jointly own all right, title, and interest in and to all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract, with each Parry having the right to use, reproduce, or publish any or all of such information and other materials without obtaining permission from the other Parry, subject to any other restrictions on publication outlined in this Contract, and without expense or charge. (b) Subrecipient grants the GLO and HUD a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for U.S. Government purposes, all reports, drafts of reports, or other material, data, drawings, computer programs, and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract. 6.02 NON -ENDORSEMENT BY STATE AND THE UNITED STATES Subrecipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still or motion pictures, articles, manuscripts, or other publications) that states or implies the GLO, the State of Texas, U.S. Government, or any government employee, endorses a product, service, or position GLO Contract No. 22-119-004-D374 Page 15 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Subrecipient represents. Subrecipient may not release information relating to this Contract or state or imply that the GLO, the State of Texas, or the U.S. Government approves of Subrecipient's work products or considers Subrecipient's work product to be superior to other products or services. 6.03 DISCLAIMER REQUIRED On all public information releases issued pursuant to this Contract, Subrecipient shall include a disclaimer stating that the funds for this Project are provided by Subrecipient and the Texas General Land Office through HUD's CDBG-MIT Program. ARTICLE VII - RECORDS, AUDIT, AND RETENTION 7.01 BOOKS AND RECORDS Subrecipient shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary for fully disclosing to the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine Subrecipient's compliance with this Contract and all applicable laws, statutes, rules, and regulations, including the applicable laws and regulations provided in Attachment D and Attachment E. 7.02 INSPECTION AND AUDIT (a) All records related to this Contract, including records of Subrecipient and its subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and work product shall be subject, at any time, to inspection, examination, audit, and copying at Subrecipient's primary location or any location where such records and work product may be found, with or without notice from the GLO or other government entity with necessary legal authority. Subrecipient shall cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Subrecipient will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records and work product, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. (b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of GLO Contract No. 22-119-004-D374 Page 16 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 inspection. Subrecipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards. (c) Subrecipient will be deemed to have read and know of all applicable federal, state, and local laws, regulations, and rules pertaining to the Project, including those identified in Attachment D, governing audit requirements. (d) At any time, the GLO may perform, or instruct a for -profit Subrecipient to perform, an annual Program -specific, fiscal, special, or targeted audit of any aspect of Subrecipient's operation. Subrecipient shall maintain financial and other records prescribed by the GLO or by applicable federal or state laws, rules, and regulations. 7.03 PERIOD OF RETENTION All records relevant to this Contract shall be retained for a period of three (3) years subsequent to the final closeout of the overall State of Texas CDBG-MIT grant, in accordance with federal regulations. The GLO will notify all Program participants of the date upon which local records may be destroyed. ARTICLE VIII - MISCELLANEOUS PROVISIONS 8.01 LEGAL OBLIGATIONS For the duration of this Contract, Subrecipient shall procure and maintain any license, authorization, insurance, waiver, permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services required by this Contract. Subrecipient shall pay all costs associated with all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient shall pay any such government obligations not paid by its subcontractors during performance of this Contract. Subrecipient shall maintain copies of such licenses and permits as a part of its local records in accordance with Section 7.01 of this Contract or as otherwise specifically directed by the GLO. Subrecipient shall provide Monthly Activity Status Reports via the GLO system of record in accordance with Section 4.02 of this Contract. 8.02 INDEMNITY As required under the Constitution and laws of the State of Texas, each Parry understands that it is solely liable for any liability resulting from its acts or omissions. No act or omission of a Party shall be imputed to the other Party. Neither Party shall indemnify or defend the other Party. 8.03 INSURANCE AND BOND REQUIREMENTS (a) Unless Subrecipient is authorized by Chapter 2259 of the Texas Government Code to self -insure, Subrecipient shall carry insurance for the duration of this Contract in types and amounts necessary and appropriate for the Project. (b) Subrecipient shall require all contractors, subcontractors, vendors, service providers, or any other person or entity performing work described in GLO Contract No. 22-119-004-D374 Page 17 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment A to carry insurance for the duration of the Project in the types and amounts customarily carried by a person or entity providing such goods or services. Subrecipient shall require any person or entity required to obtain insurance under this section to complete and file the declaration pages from the insurance policies with Subrecipient whenever a previously identified policy period expires during the term of Subrecipient's contract with the person or entity, as proof of continuing coverage. Subrecipient's contract with any such person or entity shall clearly state that acceptance of the insurance policy declaration pages by Subrecipient shall not relieve or decrease the liability of the person or entity. Persons or entities shall be required to update all expired policies before Subrecipient's acceptance of an invoice for monthly payment from such parties. (c) Subrecipient shall require performance and payment bonds to the extent they are required under Chapter 2253 of the Texas Government Code. (d) Subrecipient shall require any person or entity performing work on any construction Activity under the Contract to complete form SF-424D, entitled "Assurances — Construction Programs," and Subrecipient shall maintain such documentation. 8.04 ASSIGNMENT AND SUBCONTRACTS Subrecipient must not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the GLO's prior written consent. Any attempted assignment, transfer, or delegation in violation of this provision is void and without effect. Notwithstanding this provision, it is mutually understood and agreed that Subrecipient may subcontract with others for some or all of the services to be performed under this Contract. In any approved subcontracts, Subrecipient must legally bind the subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Subrecipient as specified in this Contract. Nothing in this Contract shall be construed to relieve Subrecipient of the responsibility for ensuring that the goods delivered and/or the services rendered by Subrecipient and/or any of its subcontractors comply with all the terms and provisions of this Contract. For subcontracts to which Federal Labor Standards requirements apply, Subrecipient shall submit to the GLO all documentation required to ensure compliance. Subrecipient shall retain five percent (5%) of the payment due under each of Subrecipient's construction or rehabilitation subcontracts until the GLO determines that the Federal Labor Standards requirements applicable to each such subcontract have been satisfied, as outlined in Section 5.05 above. 8.05 PROCUREMENT Subrecipient must comply with the procurement procedures stated at 2 C.F.R. §§ 200.318 through 200.327 and all other applicable federal, state, and local procurement procedures and laws, regulations, and rules. Failure to comply with 2 C.F.R. §§ 200.318 through 200.327 and all other applicable federal, state, and local procurement procedures and laws, regulations, and rules could result in recapture of funds. Subrecipient must confirm GLO Contract No. 22-119-004-D374 Page 18 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 that its vendors and subcontractors are not debarred from receiving state or federal funds at each of the following web addresses: (a) the Texas Comptroller's Vendor Performance Program at https:HcomDtrolIer.texas.�zov/purchasing/; and (b) the U.S. General Services Administration's System for Award Management at htti)s://www.sam.Gov/. 8.06 EQUIPMENT AND COMPUTER SOFTWARE Any purchase of Equipment or computer software made pursuant to this Contract shall be made in accordance with all applicable laws, regulations, and rules, including those defined in 2 C.F.R. § 200.313. In accordance with 24 C.F.R. § 570.502(a), if Equipment is acquired, in whole or in part, with funds under this Contract and is then sold, the proceeds shall be considered program income, as defined in Section 2.04 above. Equipment not needed by Subrecipient for Activities under this Contract shall be (a) transferred to the GLO for the CDBG-MIT Program or (b) retained by Subrecipient after compensating the GLO an amount equal to the current fair market value of the Equipment less the percentage of non-CDBG-MIT funds used to acquire the Equipment. 8.07 COMMUNICATION WITH THIRD PARTIES The GLO and the authorities named in Article VII, above, may initiate communications with any subcontractor of Subrecipient, and may request access to any books, documents, personnel, papers, and records of a subcontractor which are pertinent to this Contract. Such communications may be required to conduct audits, examinations, Davis -Bacon Labor Standards interviews, and gather additional information as provided in Article VII herein. 8.08 RELATIONSHIP OF THE PARTIES Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract. Subrecipient is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract creates a partnership or joint venture, an employer - employee or principal -agent relationship, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Subrecipient or any other party. Subrecipient shall be solely responsible for, and the GLO shall have no obligation with respect to, the following: the withholding of income taxes, FICA, or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or contributions by the State of Texas to the State Employees Retirement System; accumulation of vacation leave or sick leave; or unemployment compensation coverage provided by the State of Texas. GLO Contract No. 22-119-004-D374 Page 19 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 8.09 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Subrecipient must comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations, including those listed in Attachments B, C, and D. Subrecipient is deemed to know of and understand all applicable laws, statutes, ordinances, and regulations affecting its performance under this Contract. 8.10 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail (certified, postage paid, return receipt requested) or with a common carrier (overnight, signature required) to the appropriate address below. GLO Texas General Land Office 1700 N. Congress Avenue, 7fh Floor Austin, TX 78701 Attention: Contract Management Division Subrecipient City of La Porte 604 West Fairmont Parkway LaPorte, TX 77571 Attention: Louis Rigby Notice given in any other manner shall be deemed effective only if and when received by the Parry to be notified. Either Parry may change its address for notice by written notice to the other Parry sent in accordance with this section. 8.11 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the Parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Subrecipient irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, that it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction with respect to this Contract or any related document. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.12 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. GLO Contract No. 22-119-004-D374 Page 20 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 8.13 DISPUTE RESOLUTION Except as otherwise provided by statute, rule or regulation, Subrecipient shall use the dispute resolution process established in Chapter 2260 of the Texas Government Code and related rules to attempt to resolve any dispute under this Contract, including a claim for breach of contract by the GLO, that the Parties cannot resolve in the ordinary course of business. Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of such a claim constitutes grounds for Subrecipient to suspend performance of this Contract. Notwithstanding this provision, the GLO reserves all legal and equitable rights and remedies available to it. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF THE GLO's SOVEREIGN IMMUNITY. 8.14 CONFIDENTIALITY To the extent permitted by law, Subrecipient and the GLO shall keep all information, in whatever form produced, prepared, observed, or received by Subrecipient or the GLO, confidential to the extent that such information is: (a) confidential by law; (b) marked or designated "confidential" (or words to that effect) by Subrecipient or the GLO; or (c) information that Subrecipient or the GLO is otherwise required to keep confidential by this Contract. Subrecipient must not make any communications or announcements relating to this Contract through press releases, social media, or other public relations efforts without the prior written consent of the GLO. 8.15 PUBLIC RECORDS The GLO shall post this Contract to the GLO's website. Subrecipient understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas (the "Attorney General"). Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. Subrecipient is required to make any information created or exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO in portable document file (".pdf') format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Subrecipient believes to be excepted from disclosure as "confidential" or a "trade secret," Subrecipient waives any and all claims it may make against the GLO for releasing such information without prior notice to Subrecipient. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Subrecipient shall notify the GLO's Office of General Counsel within twenty-four (24) hours of receipt of any third -party written requests for information and forward a copy of said written requests to PIALega1(&_ glo.texas.zov. If a request for information was not written, Subrecipient shall forward the third party's contact information to the above -designated e-mail address. 8.16 AMENDMENTS TO THE CONTRACT Amendments to decrease or increase the subaward, to add or delete an Activity as allowed by the Guidance Documents, to extend the term of the Contract, and/or to make GLO Contract No. 22-119-004-D374 Page 21 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 other substantial changes to the Contract may be made only by written agreement of the Parties under the formal Amendment process outlined below, except that, upon completion of the Project, the GLO shall issue a closeout letter pursuant to Section 2.03. The formal Amendment process requires official request documentation from Subrecipient detailing all provisions to be amended and supporting documentation as required. The GLO Grant Manager will confirm and review the request and, as appropriate, submit the proposed amended language or amount to the GLO's Contract Management Division for the preparation of a formal Amendment and circulation for necessary GLO and Subrecipient signatures. In the sole discretion of the GLO and in conformance with federal law, the GLO may approve other adjustments required by the GLO during Project performance through a Revision or Technical Guidance Letter unilaterally issued by the GLO and acknowledged by Subrecipient. Such GLO approvals must be in writing and may be delivered by U.S. mail or electronic mail. Pursuant to Section 2.03 hereof, a final Grant Completion Report for all Activities performed under this Contract shall be submitted to the GLO for review and approval prior to expiration of the Contract and shall include all such informal Revisions approved by the GLO over the life of the Contract. 8.17 ENTIRE CONTRACT AND MODIFICATIONS This Contract, its Attachments, and any Amendment(s), Technical Guidance Letter(s), and/or Revision(s) issued in conjunction with this Contract, if any, constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements made in connection with the subject matter hereof. Any additional or conflicting terms in issued Attachments, Technical Guidance Letters, and/or Revisions shall be harmonized with this Contract to the extent possible. Unless an Attachment, Technical Guidance Letter, or Revision specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the Contract. 8.18 PROPER AUTHORITY Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to legally bind its respective entity. Subrecipient acknowledges that this Contract is effective for the period of time specified in the Contract. Any work performed by Subrecipient after the Contract terminates is performed at the sole risk of Subrecipient. 8.19 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. 8.20 SURVIVAL The provisions of Articles V, VI, and VII and Sections 1.01, 1.03, 2.05, 3.02, 3.04, 3.05, 8.02, 8.03, 8.07, 8.08, 8.09, 8.10, 8.11, 8.13, 8.14, 8.15, and 8.16 of this Contract and any GLO Contract No. 22-119-004-D374 Page 22 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 other continuing obligations of Subrecipient shall survive the termination or expiration of this Contract. 8.21 CONTRACT CLOSEOUT Upon completion of all Activities required for the Contract, and, pursuant to Section 2.03 hereof, Subrecipient shall prepare a final Grant Completion Report confirming final performance measures, budgets, and expenses. The GLO will close the Contract in accordance with 2 C.F.R. §§ 200.344 through 200.346 and GLO CDBG-MIT guidelines consistent therewith. SUBRECIPIENT SHALL SUBMIT A FINAL BUDGET AND ACTUAL EXPENDITURES TO THE GLO AS PART OF THE GRANT COMPLETION REPORT PRIOR TO CONTRACT EXPIRATION OR TERMINATION OR AT THE CONCLUSION OF ALL CONTRACT ACTIVITIES, WHICHEVER OCCURS FIRST. THE GRANT COMPLETION REPORT SHALL BE IN A FORMAT PRESCRIBED BY THE GLO AND SHALL CONFIRM ELIGIBILITY AND COMPLETION OF ALL ACTIVITIES PERFORMED UNDER THIS CONTRACT. FAILURE TO SUBMIT TO THE GLO THE FINAL BUDGET AND ACTUAL EXPENDITURES AS PART OF THE GRANT COMPLETION REPORT PRIOR TO CONTRACT EXPIRATION OR TERMINATION WILL RESULT IN FORFEITURE AND DE -OBLIGATION OF ALL REMAINING UNREQUESTED FUNDS. The GLO will notify Subrecipient via official closeout letter upon review and approval of the final Grant Completion Report. 8.22 INDIRECT COST RATES Unless, under the terms of 2 C.F.R. Part 200, Appendix V, Subrecipient has negotiated or does negotiate an indirect cost rate with the federal government, subject to periodic renegotiations of the rate during the Contract Period, or is exempt from such negotiations and has developed and maintains an auditable central service cost allocation plan, Subrecipient's indirect cost rate shall be set by 2 C.F.R. § 200.414(f), i.e., ten percent (10%). 8.23 CONFLICT OF INTEREST (a) Subrecipient shall abide by the provisions of this section and include the provisions in all subcontracts. Subrecipient shall comply with all conflict -of - interest laws and regulations applicable to the Program. (b) Subrecipient shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. 8.24 FORCE MAJEURE Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as "Force Majeure"), then, while compliance is so prevented, the affected Party's obligation to comply with GLO Contract No. 22-119-004-D374 Page 23 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure must promptly notify the other Party of the Force Majeure event in writing, and, if possible, such notice must set forth the extent and duration of the Force Majeure. The Parry claiming Force Majeure must exercise due diligence to prevent, eliminate, or overcome such Force Majeure event when it is possible to do so and must resume performance at the earliest possible date. However, if nonperformance continues for more than thirty (30) days, the GLO may terminate this Contract immediately upon written notification to Subrecipient. 8.25 ENVIRONMENTAL CLEARANCE REQUIREMENTS (a) Subrecipient is the responsible entity, as "responsible entity" is defined under 24 C.F.R. Part 58, and is accountable for conducting environmental reviews and for obtaining any environmental clearance necessary for successful completion of an Activity or the Project. Subrecipient shall prepare an environmental review or assessment of each Activity or the Project in accordance with applicable laws, regulations, rules, and guidance. Subrecipient shall maintain a written Environmental Review Record ("ERR") for each Activity or the Project, including all supporting source documentation and documentation to support any project mitigation. Subrecipient shall provide a copy of the ERR and all related source documentation to the GLO. (b) Subrecipient shall address inquiries and complaints and shall provide appropriate redress related to environmental Activities. Subrecipient shall document each communication issued or received hereunder in the related ERR. (c) The GLO may, in its sole discretion, reimburse Subrecipient for certain exempt environmental Activities, as defined in federal regulations. Reimbursement requests for exempt environmental Activities must be supported by the proper HUD -prescribed form. (d) The Parties acknowledge and understand that the GLO may enter into interagency agreements with the Texas Historical Commission and other entities in order to facilitate any necessary environmental or historic review. The GLO may incorporate one or more interagency agreements into this Contract via a Technical Guidance Letter. 8.26 CITIZEN PARTICIPATION AND ALTERNATIVE REQUIREMENTS (a) Subrecipient must ensure that all citizens have equal and ongoing access to information about an Activity or the Project, including ensuring that Activity or Project information is available in the appropriate languages for the geographical area served by Subrecipient. Information furnished to citizens shall include, without limitation: (i) The amount of CDBG-MIT funds expected to be made available; (ii) The range of Activities or projects that may be undertaken with the CDBG-MIT funds; GLO Contract No. 22-119-004-D374 Page 24 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 (iii) The estimated amount of the CDBG-MIT funds proposed to be used for Activities or projects meeting the national objective of benefiting low -to - moderate income persons; and (iv) A clear statement of such and the entity's anti -displacement and relocation plan if any proposed CDBG-MIT Activities or projects are likely to result in displacement. (b) Complaint Procedures: Subrecipient must have written citizen -complaint procedures for providing a timely written response (within fifteen [15] working days) to complaints and grievances. Subrecipient shall notify citizens of the location and the days and hours when the location is open for business so they may obtain a copy of these written procedures. (c) Technical Assistance: If requested, Subrecipient shall provide technical assistance in completing applications under the Project to persons of low and moderate income. (d) Subrecipient shall maintain a citizen participation file that includes a copy of Subrecipient's complaint procedures, documentation and evidence of opportunities provided for citizen participation (e.g., public notices, advertisements, flyers, etc.), documentation of citizen participation events (e.g., meeting minutes, attendance lists, sign -in sheets, news reports, etc.), and documentation of any technical assistance requested and/or provided. 8.27 SIGNAGE REQUIREMENTS On any public building or facility funded under this Contract, Subrecipient shall place permanent signage. Signs shall be placed in a prominent, visible public location. Subrecipient shall format each sign to best fit the architectural design of the building or facility but the sign should be legible from a distance of at least three (3) feet. For other construction projects (e.g., water transmission lines, sewer collection lines, drainage, roadways, housing rehabilitation) funded under this Contract, Subrecipient shall place temporary signage erected in a prominent location at the construction project site or along a major thoroughfare within the locality. All signage required under this section shall contain the following: "This project is funded by the Texas General Land Office of the State of Texas to provide for the restoration of infrastructure for communities impacted by Hurricane Harvey. The funds have been allocated by the United States Department of Housing and Urban Development through the Community Development Block Grant — Mitigation Program." 8.28 PREFERENCE AND PROCUREMENT OF MATERIALS (a) To the extent applicable, Subrecipient shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired in the following manner: (i) competitively within a timeframe allowing compliance with the Contract's performance schedule; GLO Contract No. 22-119-004-D374 Page 25 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 (ii) in a way that meets the Contract's performance requirements; or (iii) at a reasonable price. To ensure maximum use of recovered/recycled materials pursuant to 2 C.F.R. § 200.323, information about this requirement, along with the list of EPA - designated items, is available at the EPA's Comprehensive Procurement Guideline Program website, https://www.ei)a.�zov/smm/comprehensive- procurement- idel ine-cps rp o_grain. (b) As appropriate and to the extent consistent with law, Subrecipient 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, aluminum, steel, cement, and other manufactured products). (c) For purposes of section (b) above: (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 coatings, occurred in the United States. (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, including optical fiber; and lumber. 8.29 EQUAL OPPORTUNITY CLAUSE Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive GLO Contract No. 22-119-004-D374 Page 26 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions 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. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: GLO Contract No. 22-119-004-D374 Page 27 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." Subrecipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if Subrecipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. Subrecipient agrees that it will assist and cooperate actively with the GLO and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the GLO and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the GLO in the discharge of the GLO's primary responsibility for securing compliance. Subrecipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts, as defined in 41 C.F.R. § 60-1.3, and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive Order. In addition, Subrecipient agrees that if it fails or refuses to comply with these undertakings, the GLO may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Contract; refrain from extending any further assistance to Subrecipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from Subrecipient; and refer the case to the Department of Justice for appropriate legal proceedings. 8.30 INFORMATION AND DATA SECURITY STANDARDS Subrecipient shall comply with all terms specified in the GLO Information Security Appendix (CDBG), incorporated herein for all purposes as Attachment G. 8.31 STATEMENTS OR ENTRIES WARNING: ANY PERSON WHO KNOWINGLY MAKES A FALSE CLAIM OR STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C. § 287,18 U.S.C. § 1001, AND 31 U.S.C. § 3729. Except as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme, or device or who makes any materially false, fictitious, or fraudulent statement or representation or who makes or uses any false writing or document despite knowing the writing or document to GLO Contract No. 22-119-004-D374 Page 28 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 contain any materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. Under penalties of 18 U.S.C. § 287, 18 U.S.C. § 1001, and 31 U.S.C. § 3729, the undersigned Subrecipient representative hereby declares that he/she has examined this Contract and Attachments, and, to the best of his/her knowledge and belief, any statements, entries, or claims made by Subrecipient are true, accurate, and complete. SIGNATURE PAGE FOLLOWS GLO Contract No. 22-119-004-D374 Page 29 of 29 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 SIGNATURE PAGE FOR GLO CONTRACT NO. 22-119-004-D374 INFRASTRUCTURE SUBRECIPIENT CONTRACT AGREEMENT CDBG-MIT — HAZARD MITIGATION GRANT PROGRAM (HMGP) SUPPLEMENTAL GENERAL LAND OFFICE DocuSi ned by; Mar .TYavens, Chief Clerk/ Deputy Land Commissioner Date of execution: 3/21/2022 OGCr DS PM — a-�� SDDr DGC GC F ATTACHED TO THIS CONTRACT: CITY OF LA PORTE Eb Dacu'f� Signeaad��by: (us4" By: Y Title: Mayor Date of execution: 3/21/2022 ATTACHMENT A Performance Statement, Budget, and Benchmarks ATTACHMENT B Federal Assurances and Certifications ATTACHMENT C General Affirmations ATTACHMENT D Nonexclusive List of Applicable Laws, Rules, and Regulations ATTACHMENT E Special Conditions ATTACHMENT F Monthly Activity Status Report ATTACHMENT G GLO Information Security Appendix (CDBG) ATTACHMENT H Public Law 113-2 Contract Reporting Template ATTACHMENTS FOLLOW DocuSign Envelope ID:348BB866-CFC7-422D-BFB7-863533B13759 Attachment GLO Contract No. 22-119-004-D374 Page 1 of 6 CITY OF LAPORTE 22-119-004-D374 PERFORMANCE STATEMENT The U.S. Department of Housing and Urban Development's Community Development Block Grant Mitigation ("CDBG-MIT") program to provide financial assistance with funds appropriated under Public Law 115-123, was enacted on August 30, 2019, to facilitate disaster recovery, restoration, mitigation, and economic revitalization and to affirmatively further fair housing, in accordance with Executive Order 12892, in areas affected by 2015, 2016, and 2017 disasters, which are Presidentially -declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121, et seq.). In strict conformance with the terms and conditions of the Hazard Mitigation Grant Program (HMGP) Supplemental HUD Most Impacted and Distressed (HMID) Program and this Contract, City of LaPorte (Subrecipient) shall perform, or cause to be performed, the Infrastructure Activities defined below. Subrecipient has identified drainage improvement Activities that will increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters. Subrecipient shall perform the Activities identified herein for the target area specified in its approved Texas Community Development Block Grant Mitigation Grant Application to provide a long-lasting investment that increases resiliency in the community. The persons to benefit from the Activities described herein must receive the prescribed service or benefit, and all eligibility requirements must be met to fulfill contractual obligations. The grant total is $4,000,000.00. Subrecipient will be required to maintain a detailed budget breakdown in the official system of record of the GLO's Community Development and Revitalization (GLO-CDR) division. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID:348BB866-CFC7-422D-BFB7-863533B13759 Attachment GLO Contract No. 22-119-004-D374 Page 2 of 6 Flood and Drainage Facilities Subrecipient shall replace/install storm sewer culverts, storm sewer inlets and outfalls, regrade streets with associated pavement repair, and complete all associated appurtenances. Construction shall take place at the following locations, including mid -point coordinates for each segment. Flood and Location Proposed HUD Census Block Drainage Approximate Lat/Long Performance Tract Group Facilities Measures Brookglen At the northern corner of the Drainage intersection of Huntersfield Lane and Improvement Gladwyne Lane southward to Orchard 580 LF Gladwyne Lane Lane Run 1 29.654940,-95.102610 Brookglen At the intersection of Gladwyne Lane Drainage and Brookwood Drive westward Improvement thence southward to Fairbrook Lane 3,200 LF Brookwood eastward to Brookwond Drive Drive 29.655120,-95.105430 Run 2 Brookglen At the intersection of Gladwyne Lane Drainage and Venture Lane westward to dead - Improvement end, slightly south westward to Willow 1,640 LF Venture Lane Springs Bayou 3430.00 2 Run 3 29.654950,-95.105160 Brookglen At the southwest corner of the Drainage intersection of Venture Lane and Improvement Somerton Drive northward to the last 950 LF Somerton Drive cul-de-sac prior to Brookglen Park Run 4 29.656420,-95.106030 Brookglen t the intersection Somerton Drive and Drainage Lazy Brook Lane westward to the west Improvement side 8607 Lazy Brook then northward 550 LF Lazy Brook to Willow Springs Bayou Lane 29.654000,-95.107700 Run 5 Brookglen At the intersection Lazy Brook Lane Drainage and Barrybrook Lane westward Improvement between the addresses of 8419 and 280 LF Lazy Brook 8423 Lazy Brook Lane to Willow Lane Springs Bayou Run 6 29.652760,-95.109550 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment A GLO Contract No. 22-119-004-D374 Page 3 of 6 Brookglen At the curve of Somerton Drive and Drainage Fairbrook Lane westward thence slight Improvement northward to 8403 Lazy Brook Lane, 900 LF Fair Brook Lane thence westward to Willow Springs Run 7 Bayou 29.651960,-95.108940 Brookglen At the curve of Brookwond Drive and Drainage Fairbrook Lane westward to Improvement Brookwood Drive 400 LF Fairbrook Lane 3430.00 2 Run 8 29.652020,-95.105710 Brookglen At the intersection of Brookwood Drainage Drive and Orchard Lane eastward for Improvement approximately 500' 500 LF Orchard Lane 29.654190,-95.105260 Run 9 Brookglen At the four corners of the intersection Drainage of Lazy Brook Lane and Brookwood Four (4) Public Improvement Drive Facilities Inlets 1 29.653640,-95.105970 These Activities shall benefit two thousand nine hundred fifty (2,950) persons. Of these persons, one thousand five hundred fifty (1,550), or fifty-two and fifty-four hundredths' percent (52.54%), are of low to moderate income. BUDGET HUD Activity Type Grant Award Other Funds Total Rehabilitation/Reconstruction of $4,000,000.00 $7,400,009.381 $11,400,009.38 Public Improvements TOTAL $4,000,000.00 $7,400 009.38' $11,400,009.38 1 CITY OF LA PORTE GENERAL FUND TO BE USED TOWARD CONSTRUCTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment A GLO Contract No. 22-119-004-D374 Page 4 of 6 MILESTONES Single Deliverable Not -To -Exceed Budget Gate� Milestones Multiple Deferable Percentages by Budget Milestones by Budget Category Category (Subrecipient may Budget Gates, (Subrecipient may draw tip to but (Subrecipient may draw up to, but not Milestones, Actions, not exceed, the identified draw up to 100% of exceed, the percentage and Deliverables percentage of the budget category budget category stated after submittal until stated Deliverable(s) are after submittal to to and approval by the submitted to and approved by the and approval by the GLO of the stated GLO.) GLO of the stated Deliverable.) Deliverable.) Project Dc very Planning/ Special Studies Grant Environ- Engineering Environ- Acquisition Construction (not related Administration mental Funds mental Funds Funds to Project Phase Funds Funds Funds engineering Actions and Deliverables: design) Action: Start-up Phase Deliverable: Contract kick- off meeting sign -in sheet; all required Start -Up Documentation reviewed 0-15% and accepted by GLO; executed grant administration service provider contract in PDF. Action: Commencement of Engineering Phase Deliverable: Executed engineering service provider 0-30% contract in PDF provided during start-up phase as applicable. Action: Commencement of Environmental Phase Deliverable: Executed environmental service 15.01-30% 0-30% provider contract in PDF provided during start-up phase as applicable. Action: Completion of Design Phase 30. Deliverable: Complete 60% signed and sealed 100% construction plans in PDF*. Action: Completion of Special Environmental Services Deliverable: GLO approval 100% of required documentation, dependent upon additional environmental requirements. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment A GLO Contract No. 22-119-004-D374 Page 5 of 6 Project Delivery, Special Planning/' Grant Environ- Engineering E mental Acquisition Construction Studies dated Administration � mental � Funds Funds Funds Funds to Project Phase Funds Funds engineering Actions and Deliverables: design) Action: Completion of Environmental Record 30.01- Review 30.01-50% 100% Deliverable: GLO signed AUGF * * Action: Acquisition Phase Deliverable: Acquisition Detailed Report and ° 100/o supporting documentation per parcel accepted by GLO* Action: Commencement of Bid Phase 60.01- Deliverable: First 50.01-60% 70% published bid notice and publisher's affidavit* Action: Commencement of Construction Phase 60.01-85% 70.01- 0-95% Deliverable: Signed Notice 85% to Proceed (NTP)* Action: Completion of Construction Phase Deliverable: Signed and sealed complete As -Built ° 85.01-95 /0 85.01- 95.01- Plans in PDF; executed 100% 100% COCC accepted by GLO; signed FWCR accepted by GLO* Action: Commencement of Planning/Study Phase Deliverable: Signed notice to proceed or similar ° 0-85/o document from Subrecipient initiating planning/study Activity with description of work to be performed. Action: Completion of Planning/Study Phase 0°l _ Deliverable: Final report 10 0/° and proof of acceptance by Subreci ient. Action: Grant Completion Report Approval 95.01-100% Deliverable: GCR approved by GLO. DocuSign Envelope ID:348BB866-CFC7-422D-BFB7-863533B13759 Attachment GLO Contract No. 22-119-004-D374 Page 6 of 6 Failure to provide any Deliverable identified could result in repayment of funds expended in part or in full. Deliverables identified in the table allow the subrecipient to draw the identified percentage per category contingent upon compliance of associated program guidance. *if multiple construction contracts, multiple Deliverables are required and associated costs are pro -rated in accordance with budget details in final GLO approved application. **if project includes more than one ERR, associated costs are pro -rated in accordance with budget details in final GLO-approved application. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment B GLO Contract No. 22-119-004-D374 Page 1 of 5 ASSURANCES - CONSTRUCTION PROGRAMS OMB Approval No. 4040-0009 Expiration Date: 02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non-discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.§794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other non-discrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Standard Form 424D (Rev.7-97) Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB CircularA-102 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment B GLO Contract No. 22-119-004-D374 Page 2 of 5 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the provisions of the Hatch Act (5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 §§1501-1508 and 7324-7328) which limit the political U.S.C. §§1271 et seq.) related to protecting components or activities of employees whose principal employment potential components of the national wild and scenic rivers activities are funded in whole or in part with Federal funds. system. 13. Will comply, as applicable, with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance with Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act Section 106 of the National Historic Preservation Act of (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act (40 U.S.C. (identification and protection of historic properties), and the §§327-333) regarding labor standards for federally -assisted Archaeological and Historic Preservation Act of 1974 (16 construction subagreements. U.S.C. §§469a-1 et seq.). 14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and Section 102(a) of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the Single Audit Act (P.L. 93-234) which requires recipients in a special flood Amendments of 1996 and OMB Circular No. A-133, "Audits hazard area to participate in the program and to purchase of States, Local Governments, and Non -Profit flood insurance if the total cost of insurable construction Organizations." and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE DocuSigned by: Mayor AP 56MMANIZATION DATE SUBMITTED City of La Porte 3/21/2022 SF-424D (Rev. 7-97) Back THIS FORM MUST BE EXECUTED DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment B GLO Contract No. 22-119-004-D374 Page 3 of 5 CERTIFICATION REGARDING LOBBYING COMPLIANT WITH APPENDIX A TO 24 C.F.R. PART 871 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. Statement for Loan Guarantees and Loan Insurance: The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is 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 statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME City of La Porte 22-119-004-13374 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Louis Rigby Mayor SIGNATURE•—'--opcuSigued by: DATE thw,$ 44 3/21/2022 1 24 C.F.R. 87 App. A, available at https://www.gl2o.gov/fdsys/granule/CFR-2011-title24-voll/CFR-2011-title24-voll-part87- IMAA. Published Apr. 1, 2011. Accessed Aug. 1, 2018. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment B GLO Contract No. 22-119-004-D374 Page 4 of 5 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 OMB Number: 4040-0013 (See reverse for public burden disclosure) Expiration Date: 02/28/2022 1. *Type of Federal Action: 2. *Status of Federal Action: 3. *Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Prime Subawardee Enter Name and Address of Prime: Name: Street 1: Street 2: City: State: Zip: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. Federal Action Number, ifknown: 9. Award Amount, ifknown: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. IOa) (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 Signature: activities is a material representation of fact upon which reliance was placed by the tier above when this transaction Print Name: was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported Title: 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 lessthan Telephone No.: Date: $10,000 and not more than $100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment B GLO Contract No. 22-119-004-D374 Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt 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 followup 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 subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," 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 Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP-DE-90-00I." 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. (a) 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. (b) 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. 4040-0013. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection 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 (4040-0013), Washington, DC 20503. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment C GLO Contract No. 22-119-004-D374 Page 1 of 9 GENERAL AFFIRMATIONS TO THE EXTENT APPLICABLE, Subrecipient affirms and agrees to the following, without exception: 1. Subrecipient represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Subrecipient nor the firm, corporation, partnership, or institution represented by Subrecipient, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Subrecipient.* 2. Subrecipient shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the GLO. Any attempted assignment or delegation in violation of this provision is void and without effect. This provision does not apply to subcontracting. 3. If the Contract is for services, Subrecipient shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts, but for contracts subject to 2 CFR 200, only to the extent such compliance is consistent with 2 CFR 200.319. 4. Under Section 231.006 of the Family Code, the vendor or applicant [Subrecipient] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate.* 5. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Subrecipient certifies it has submitted this information to the GLO.* 6. If the Contract is for a "cloud computing service" as defined by Texas Government Code Section 2157.007, then pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Subrecipient represents and warrants that it complies with the requirements of the state risk and authorization management program and Subrecipient agrees that throughout the term of the Contract it shall maintain its certifications and comply with the program requirements in the performance of the Contract. 7. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Subrecipient certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 8. If the Contract authorizes Subrecipient to access, transmit, use, or store data for the GLO, then in accordance with Section 2054.138 of the Texas Government Code, Subrecipient certifies that it will comply with the security controls required under this Contract and will * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. 12/9/2021 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment C GLO Contract No. 22-119-004-D374 Page 2 of 9 maintain records and make them available to the GLO as evidence of Subrecipient's compliance with the required controls. 9. Subrecipient represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 10. Subrecipient agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed by Subrecipient to the State of Texas. 11. Upon request of the GLO, Subrecipient shall provide copies of its most recent business continuity and disaster recovery plans. 12. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Subrecipient certifies that it does not employ an individual who has been employed by the GLO or another agency at any time during the two years preceding the Subrecipient's submission of its offer to provide consulting services to the GLO or, in the alternative Subrecipient, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination. * 13. If the Contract is not for architecture, engineering, or construction services, then except as otherwise provided by statute, rule, or regulation, Subrecipient must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY SUBRECIPIENT. 14. If the Contract is for architecture, engineering, or construction services, then subject to Texas Government Code Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Subrecipient shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY SUBRECIPIENT. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if Subrecipient's claim for breach of contract cannot be resolved by the Parties in the ordinary course of business, Subrecipient may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against Subrecipient as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Subrecipient must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. 12/9/2021 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment C GLO Contract No. 22-119-004-D374 Page 3 of 9 of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount Subrecipient seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another officer of the GLO, shall examine the claim and any counterclaim and negotiate with Subrecipient in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the Parties shall reduce the agreement or settlement to writing and each Party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a Party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the Parties agree in writing to an extension of time, the Parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is Subrecipient's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the Parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity, or, if applicable, the governmental immunity of Subrecipient. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas or Subrecipient. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas or, if applicable, of Subrecipient under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. Subrecipient does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Subrecipient: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. 15. If Chapter 2271 of the Texas Government Code applies to this Contract, Subrecipient verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract.* 16. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Subrecipient understands that all obligations of the GLO under this * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. 12/9/2021 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment C GLO Contract No. 22-119-004-D374 Page 4 of 9 Contract are subject to the availability of funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 17. Subrecipient certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of Foreign Assets Control. 18. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Subrecipient certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 19. Subrecipient represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 20. Pursuant to Section 2155.004(a) of the Texas Government Code, Subrecipient certifies that neither Subrecipient nor any person or entity represented by Subrecipient has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Subrecipient certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Subrecipient from providing free technical assistance.* 21. Subrecipient represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. * 22. In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Subrecipient represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Subrecipient further represents and warrants that if a former employee of the GLO was employed by Subrecipient within one year of the employee's leaving the GLO, then such employee will not perform services on projects with Subrecipient that the employee worked on while employed by the GLO.* 23. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to any Parry. * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. 12/9/2021 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment C GLO Contract No. 22-119-004-D374 Page 5 of 9 24. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.* 25.IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO SUBRECIPIENT' S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO SUBRECIPIENT, OR ANY OTHER ENTITY OVER WHICH SUBRECIPIENT EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.* 26. TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. 12/9/2021 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment C GLO Contract No. 22-119-004-D374 Page 6 of 9 PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF SUBRECIPIENT PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO' S AND/OR SUBRECIPIENT' S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY SUBRECIPIENT OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF SUBRECIPIENT' S PERFORMANCE UNDER THE CONTRACT. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. SUBRECIPIENT SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, SUBRECIPIENT WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF SUBRECIPIENT OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND SUBRECIPIENT WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL.* 27. Subrecipient has disclosed in writing to the GLO all existing or known potential conflicts of interest relative to the performance of the Contract. 28. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Subrecipient certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.* 29. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Subrecipient and legally empowered to contractually bind Subrecipient to the terms and conditions of the Contract and related documents. 30. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Subrecipient shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.* * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. 12/9/2021 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment C GLO Contract No. 22-119-004-D374 Page 7 of 9 31. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Subrecipient shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 32. Subrecipient certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 33. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Subrecipient certifies its compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. 34. Pursuant to Section 572.069 of the Texas Government Code, Subrecipient certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Subrecipient within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 35. The GLO shall post this Contract to the GLO's website. Subrecipient understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas (the "Attorney General"). Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. In accordance with Section 2252.907 of the Texas Government Code, Subrecipient is required to make any information created or exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO in portable document file (".pdf') format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Subrecipient believes to be excepted from disclosure as "confidential" or a "trade secret," Subrecipient waives any and all claims it may make against the GLO for releasing such information without prior notice to Subrecipient. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Subrecipient shall notify the GLO's Office of General Counsel within twenty-four (24) hours of receipt of any third -parry written requests for information and forward a copy of said written requests to PIALegal@glo.texas.gov. If a request for information was not written, Subrecipient shall forward the third party's contact information to the above -designated e-mail address. * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. 12/9/2021 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment C GLO Contract No. 22-119-004-D374 Page 8 of 9 36. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Subrecipient must report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO in the manner prescribed by the GLO's website, http:Hglo.texas.gov. 37. If Subrecipient, in its performance of the Contract, has access to a state computer system or database, Subrecipient must complete a cybersecurity training program certified under Texas Government Code Section 2054.519, as selected by the GLO. Subrecipient must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Subrecipient must verify in writing to the GLO its completion of the cybersecurity training program. 38. Under Section 2155.0061, Texas Government Code, Subrecipient certifies that the entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.* 39. Subrecipient certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post -transmission recovery on entry to, to gain access to, or to receive service from Subrecipient's business. Subrecipient acknowledges that such a vaccine or recovery requirement would make Subrecipient ineligible for a state -funded contract. 40. Pursuant to Government Code Section 2274.0102, Subrecipient certifies that neither it nor its parent company, nor any affiliate of Subrecipient 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 Government Code Section 2274.0103, or (2) headquartered in any of those countries.* 41. If Subrecipient is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Subrecipient verifies that Subrecipient does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Subrecipient does not make that verification, Subrecipient must notify the GLO and state why the verification is not required.* 42. If Subrecipient is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Subrecipient verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a "firearm entity" or "firearm trade association" as those terms are defined in Texas Government Code section 2274.001 and (2) will not discriminate during the term of the Contract against a firearm entity or firearm trade association. If Subrecipient does not make that verification, Subrecipient must notify the GLO and state why the verification is not required.* 43. If Subrecipient is a "professional sports team" as defined by Texas Occupations Code Section 2004.002, Subrecipient will play the United States national anthem at the beginning of each team sporting event held at Subrecipient's home venue or other venue controlled by Subrecipient for the event. Failure to comply with this obligation constitutes a default of this Contract, and immediately subjects Subrecipient to the penalties for default, such as repayment of money received or ineligibility for additional money. In addition, Subrecipient * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. 12/9/2021 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment C GLO Contract No. 22-119-004-D374 Page 9 of 9 may be debarred from contracting with the State. The GLO or the Attorney General may strictly enforce this provision.* 44. To the extent Section 552.371 of the Texas Government Code applies to Subrecipient and the Contract, in accordance with Section 552.372 of the Texas Government Code, Subrecipient must (a) preserve all contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO for the duration of the Contract, (b) no later than the tenth business day after the date of the GLO's request, provide to the GLO any contracting information related to the Contract that is in Subrecipient's custody or possession, and (c) on termination or expiration of the Contract, either (i) provide to the GLO at no cost all contracting information related to the Contract that is in Subrecipient's custody or possession or (ii) preserve the contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the Contract and Subrecipient agrees that the Contract may be terminated if Subrecipient knowingly or intentionally fails to comply with a requirement of that subchapter.* 45. If the Contract is for consulting services governed by Chapter 2254 of the Texas Government Code, Subrecipient, upon completion of the Contract, must give the GLO a compilation, in a digital medium agreed to by the Parties, of all documents, films, recordings, or reports Subrecipient compiled in connection with its performance under the Contract.* 46. If subject to 2 CFR 200.216, Subrecipient shall not obligate or expend funding provided under this Contract to: (a) procure or obtain; (b) extend or renew a contract to procure or obtain; or (c) enter into a contract to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services, as defined in Public Law 115-232, Section 889, as a substantial or essential component of any system, or as critical technology as part of any system. 47. To the extent Texas Government Code Chapter 2252, Subchapter G applies to the Contract, any iron or steel product Subrecipient uses in in its performance of the Contract that is produced through a manufacturing process, as defined in Section 2252.201(2) of the Texas Government Code, must be produced in the United States. * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. 12/9/2021 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment D GLO Contract No. 22-119-004-D374 Page 1 of 4 NONEXCLUSIVE LIST OF APPLICABLE LAWS, RULES, AND REGULATIONS If applicable to the Project, Subrecipient must be in compliance with the following laws, rules, and regulations; and any other state, federal, or local laws, rules, and regulations as may become applicable throughout the term of the Contract, and Subrecipient acknowledges that this list may not include all such applicable laws, rules, and regulations. Subrecipient is deemed to have read and understands the requirements of each of the following, if applicable to the Project under this Contract: GENERALLY The Acts and Regulations specified in this Contract; Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (Division B, Subdivision 1 of the Bipartisan Budget Act of 2018) (Public Law 115-123); The Housing and Community Development Act of 1974 (12 U.S.C. § 5301 et seq.); The United States Housing Act of 1937, as amended, 42 U.S.C. § 1437f(o)(13) (2016) and related provisions governing Public Housing Authority project -based assistance, and implementing regulations at 24 C.F.R. Part 983 (2016); Cash Management Improvement Act regulations (31 C.F.R. Part 205); Community Development Block Grants (24 C.F.R. Part 570); Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200); Community Development Block Grant Disaster Recovery and Mitigation Implementation Manual; and State of Texas CDBG Mitigation Action Plan, dated March 31, 2020, as may be amended. CIVIL RIGHTS Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.); 24 C.F.R. Part 1, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964"; Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 (42 U.S.C. § 2000e, et seq.); Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. § 3601, et seq.), as amended; Executive Order 11063, as amended by Executive Order 12259, and 24 C.F.R. Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063"; The failure or refusal of Subrecipient to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794.) and "Nondiscrimination Based on Handicap in Federally -Assisted Programs and Activities of the Department of Housing and DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment D GLO Contract No. 22-119-004-D374 Page 2 of 4 Urban Development", 24 C.F.R. Part 8. By signing this Contract, Subrecipient understands and agrees that the activities funded shall be performed in accordance with 24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. LABOR STANDARDS The Davis -Bacon Act, as amended (originally, 40 U.S.C. §§ 276a-276a-5 and re -codified at 40 U.S.C. §§ 3141-3148); 29 C.F.R. Part 5; The Copeland "Anti -Kickback" Act (originally, 18 U.S.C. § 874 and re -codified at 40 U.S.C. § 3145): 29 C.F.R. Part 3; Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (originally, 40 U.S.C. §§ 327A and 330 and re -codified at 40 U.S.C. §§ 3701-3708); Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act) (29 C.F.R. Part 5); and Federal Executive Order 11246, as amended. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u): 24 C.F.R. §§ 135.3(a)(2) and (a)(3); The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. § 4212); Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688); and Federal Executive Order 11246, as amended. GRANT AND AUDIT STANDARDS Single Audit Act Amendments of 1996, 31 U.S.C. § 7501; Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200); Uniform Grant and Contract Management Act (Texas Government Code Chapter 783) and the Uniform Grant Management Standards, issued by Governor's Office of Budget and Planning; and Title 1 Texas Administrative Code § 5.167(c). LEAD -BASED PAINT Section 302 of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831(b)). HISTORIC PROPERTIES The National Historic Preservation Act of 1966 as amended (16 U.S.C. § 470, et seq.), particularly sections 106 and 110 (16 U.S.C. §§ 470 and 470h-2), except as provided in §58.17 for Section 17 projects; Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921), 3 C.F.R., 1971-1975 Comp., p. 559, particularly section 2(c); DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment D GLO Contract No. 22-119-004-D374 Page 3 of 4 Federal historic preservation regulations as follows: 36 C.F.R. Part 800 with respect to HUD programs; and The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. § 469, el seq.), particularly section 3 (16 U.S.C. § 469a-1). ENVIRONMENTAL LAW AND AUTHORITIES Environmental Review Procedures for Recipients assuming HUD Environmental Responsibilities (24 C.F.R. Part 58, as amended); National Environmental Policy Act of 1969, as amended (42 U.S.C. §§ 4321-4347); and Council for Environmental Quality Regulations for Implementing NEPA (40 C.F.R. Parts 1500- 1508). FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 C.F.R., 1977 Comp., p. 117, as interpreted in HUD regulations at 24 C.F.R. Part 55, particularly Section 2(a) of the Order (For an explanation of the relationship between the decision -making process in 24 C.F.R. Part 55 and this part, see § 55.10.); and Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961), 3 C.F.R., 1977 Comp., p. 121 particularly Sections 2 and 5. COASTAL ZONE MANAGEMENT The Coastal Zone Management Act of 1972 (16 U.S.C. § 1451, et seq.), as amended, particularly sections 307(c) and (d) (16 U.S.C. § 1456(c) and (d)). SOLE SOURCE AQUIFERS The Safe Drinking Water Act of 1974 (42 U.S.C. §§ 201, 300(f), et seq., and 21 U.S.C. § 349) as amended; particularly section 1424(e)(42 U.S.C. § 300h-3(e)); and Sole Source Aquifers (Environmental Protection Agency-40 C.F.R. part 149.). ENDANGERED SPECIES The Endangered Species Act of 1973 (16 U.S.C. § 1531, el seq.) as amended, particularly section 7 (16 U.S.C. § 1536). WILD AND SCENIC RIVERS The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271, et seq.) as amended, particularly sections 7(b) and (c) (16 U.S.C. § 1278(b) and (c)). AIR QUALITY The Clean Air Act (42 U.S.C. § 7401, et seq.) as amended, particularly sections 176(c) and (d) (42 U.S.C. §7506(c) and (d)). Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 C.F.R. Parts 6, 51, and 93). FARMLAND PROTECTION Farmland Protection Policy Act of 1981 (7 U.S.C. § 4201, et seq.) particularly sections 1540(b) DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment D GLO Contract No. 22-119-004-D374 Page 4 of 4 and 1541 (7 U.S.C. §§ 4201(b) and 4202); and Farmland Protection Policy (Department of Agriculture-7 C.F.R. part 658). HUD ENVIRONMENTAL STANDARDS Applicable criteria and standards specified in HUD environmental regulations (24 C.F.R. Part 51)(other than the runway clear zone and clear zone notification requirement in 24 C.F.R. § 51.303(a)(3); and HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979. ENVIRONMENTAL JUSTICE Executive Order 12898 of February 11, 1994Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, (59 FR 7629), 3 C.F.R., 1994 Comp. p. 859. SUSPENSION AND DEBARMENT Use of debarred, suspended, or ineligible contractors or subrecipients (24 C.F.R. § 570.609); General HUD Program Requirements; Waivers (24 C.F.R. Part 5); and Nonprocurement Suspension and Debarment (2 C.F.R. Part 2424). OTHER REQUIREMENTS Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities (24 C.F.R. Part 58). ACQUISITION / RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601, elseq.), 24 C.F.R. Part42, and 24 C.F.R. § 570.606. FAITH -BASED ACTIVITIES Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith -Based and Community Organizations, (67 FR 77141). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment E GLO Contract No. 22-119-004-D374 Page 1 of 5 SPECIAL CONDITIONS If applicable to a Project or Activity, Subrecipient must be in compliance with the following Special Conditions and any other State, Federal, or local laws, rules, and regulations as may be applicable, throughout the term of the Contract, prior to the release of any grant funds for the Projects or Activities anticipated. Subrecipient is deemed to have read and to understand the requirements of each of the following, if applicable to the Project or any Activity under this Contract: A. REIMBURSEMENT, GENERALLY As provided for in Public Law 115-123, the Contract funds may not be used for activities that are eligible to be reimbursed by, or for which funds are made available by, (a) the Federal Emergency Management Agency (FEMA); (b) the Army Corps of Engineers (Corps); (c) any other federal funding source; or (d) covered by insurance, and Subrecipient shall ensure compliance with all such requirements. B. NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE 1. Subrecipient must provide documentation which indicates they have received approval from the Texas Water Development Board (TWDB), the National Flood Insurance Program (NFIP) State Coordinating Agency, that appropriate ordinances or orders necessary for Subrecipient to be eligible to participate in the NFIP have been adopted. When Activities specified in a Performance Statement involve structures that are located within Special Flood Hazard Areas (SFHA), flood insurance may be required. If required, Subrecipient shall obtain such insurance and shall maintain documentation evidencing compliance with such requirements. 3. Subrecipient acknowledges and agrees that if any property that is the subject of an Activity under this Contract is located within a floodplain, the following terms and conditions shall apply: a. Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001- 4128), Federal financial assistance for acquisition and construction purposes (including rehabilitation) may not be used in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: i. The community in which the area is situated is participating in the National Flood Insurance Program ("NFIP"), or less than one (1) year has passed since the FEMA notification regarding such hazards; and ii. Where the community is participating in the NFIP, flood insurance protection is to be obtained as a condition of the approval of financial assistance to the property owner. b. Where the community is participating in the NFIP and the recipient provides financial assistance for acquisition or construction purposes (including rehabilitation) for property located in an area identified by FEMA as having special flood hazards, Subrecipient is responsible for ensuring that flood insurance under the NFIP is obtained and maintained. c. Under Section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C. 5154a, HUD disaster assistance that is made available in a special flood hazard area may not be used to make a payment (including any loan assistance payment) to a person for repair, replacement, or restoration for flood damage to any personal, residential, or commercial property if: The person had previously received Federal flood disaster assistance conditioned on obtaining and maintaining flood insurance; and DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment E GLO Contract No. 22-119-004-D374 Page 2 of 5 ii. The person failed to obtain and maintain flood insurance. d. Subrecipient understands and agrees that it has a responsibility to inform homeowners receiving disaster assistance that triggers the flood insurance purchase requirement of their statutory responsibility to notify any transferee of the requirement to obtain and maintain flood insurance, and that the transferring owner may be liable if he or she fails to do so. C. PROJECT MAPPING/DESIGN INFORMATION For construction projects, Subrecipient shall require and maintain copies, in written and/or digital format, of final Project record drawing(s) and engineering schematics, as constructed. D. WATER SYSTEM IMPROVEMENTS Prior to the GLO's release of funds for the construction of any water system improvements, Subrecipient shall provide certification to the GLO that plans, specifications, and related documents for the specified water system improvements have been prepared by the engineer selected for such activities, or the engineer's duly authorized representative, and that the review of such plans, specifications, and related documents meet the applicable Texas Commission on Environmental Quality (TCEQ) review requirements described in Title 30 of the Texas Administrative Code. 2. Prior to construction, Subrecipient shall provide documentation to the GLO that an approved new or amended Certificate of Convenience and Necessity (CCN), or the equivalent permit or authority for the area to be served, has been issued by the TCEQ. Prior to Subrecipient submission of the Project Completion Report for any water system improvements described in Attachment A, Subrecipient shall provide a letter from the TCEQ that the constructed well is approved for interim use and may be temporarily placed into service pursuant to 30 Texas Administrative Code, Chapter 290—Rules and Regulations for Public Water Systems. E. SEWER SYSTEM IMPROVEMENTS Prior to the construction of any sewer system improvements described, Subrecipient shall provide certification that the plans, specifications, and related documents for the specified sewer system improvements have been prepared by the engineer selected for such activities, or the engineer's duly authorized representative and properly submitted to the Texas Commission on Environmental Quality (TCEQ) for review and approval in accordance with the administrative requirements of 30 TAC §217.6. Further, prior to the construction of any sewer lines or additional service connections described in Attachment A, Subrecipient shall provide notification to the GLO of the start of construction on any sewer treatment plant or other system -related improvements included in this Contract. F. WASTEWATER TREATMENT CONSTRUCTION Prior to incurring costs for any wastewater treatment construction in Attachment A, Subrecipient shall provide documentation of an approved permit or amendment(s) to an existing permit for such activities from the TCEQ's Water Quality Division. In addition, Subrecipient shall provide documentation to the GLO that an approved new or amended Certificate of Convenience and Necessity (CCN), or equivalent permit or authority for the area to be served, has been issued by the TCEQ as required by 16 Texas Administrative Code Chapter 24, Subchapter H. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment E GLO Contract No. 22-119-004-D374 Page 3 of 5 G. ON -SITE SEWAGE FACILITIES (OSSF) IMPROVEMENTS 1. Subrecipient shall provide documentation that final plans, specifications, and installation of its OSSF improvements have been reviewed and approved by the City or County Health Department through authority granted by the TCEQ. 2. Subrecipient shall mitigate all existing OSSF in accordance with 30 Texas Administrative Code Chapter 285, Subchapter D, §285.36(b). 3. Prior to the selection of program recipients for proposed OSSF, Subrecipient shall provide a copy of its proposed program guidelines to for GLO review. All proposed OSSF programs must meet or exceed guidelines set forth in 30 Texas Administrative Code Chapter 285, Subchapter D. H. BUILDING CONSTRUCTION Subrecipient shall provide documentation that the construction of a new building and facilities are in compliance with the Texas Accessibility Standards (TAS) adopted under the Architectural Barriers Act, Chapter 469, Texas Government Code, and the Texas Department of Licensing and Regulation (TDLR) Architectural Barriers Administrative Rules, 16 Texas Administrative Code, Chapter 68. If estimated construction costs exceed Fifty Thousand Dollars ($50,000.00), Construction Documents must be submitted to the TDLR for an accessibility plan review. I. BRIDGE CONSTRUCTION/REHABILITATION Subrecipient shall use the minimum design requirements of the Texas Department of Transportation (TxDOT) for bridge construction/rehabilitation. Final plans and specifications must be submitted to TxDOT for review and approval prior to the start of construction in accordance with Transportation Code Section 201.084, and documentation of such approval must be provided to the GLO. J. DISASTER SHELTERS Subrecipient shall ensure that the primary purpose of the facility, as described in Attachment A, is to serve as a disaster shelter, and shall ensure the facility is operated at all times in a manner that ensures that the priority use is to serve as a disaster shelter regardless of any other scheduled uses or commitments that existed at the time of the disaster or emergency situation. In addition, Subrecipient shall prepare or be incorporated into an approved emergency management plan, as prescribed by the Texas Division of Emergency Management, identifying the shelter as a facility that provides short- term lodging for evacuees during and immediately after an emergency situation. Subrecipient shall submit a copy of Subrecipient's Emergency Management Plan Annex for Shelter and Mass Care to the GLO. K. DEBRIS REMOVAL Subrecipient shall ensure that any debris to be removed consists primarily of vegetation, construction and demolition materials from damaged or destroyed structures, and personal property. Only debris identified as the responsibility of the local jurisdiction will be eligible for the reimbursement of cost of removal. Prior to beginning debris collection operations, Subrecipient shall address all pertinent environmental concerns, adhere to all applicable regulations, and obtain all required permits. Further, Subrecipient shall adhere to the methods described herein for the collection and storage of debris prior to proper disposal. While construction and demolition debris may be collected and disposed of at an appropriately rated landfill, woody and/or vegetative debris must be stored prior to disposal by use of temporary debris storage and reduction sites (TDSR). Subrecipient will prepare and operate the TDSR sites, or local jurisdictions choosing to conduct their own debris operations may review Chapter 7 of the FEMA DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment E GLO Contract No. 22-119-004-D374 Page 4 of 5 Debris Management Guide regarding the use of TDSR sites. This document may be obtained at https://www.fema.gov/pdf/government/grant/pa/demagde.pdf. In order to maintain the life expectancy of landfills, Subrecipients disposing of woody and/or vegetative debris must choose burning, chipping, or grinding as the method of disposal. Any project disposing of woody and/or vegetative debris must be approved in writing by the GLO. L. USE OF BONDS Subrecipient must notify the GLO of its issuance and sale of bonds for completion of the project funded under this Contract. M. PROGRAM GUIDELINES Prior to the selection of program beneficiaries, Subrecipient shall provide to the GLO, for GLO review and approval, a copy of its proposed guidelines for the program. The guidelines must meet or exceed to requirements in the Federal Registers. The guidelines must include provisions for compliance with the Federal Fire Prevention and Control Act of 1974 (which requires that any housing unit rehabilitated with grant funds be protected by a hard -wired or battery -operated smoke detector) and provisions for compliance with 24 CFR 35 (HUD lead -based paint regulation). N. AFFORDABILITY PERIODS FOR SINGLE-FAMILY HOUSING REHABILITATION, RECONSTRUCTION, OR NEW CONSTRUCTION ASSISTANCE For single-family non -rental housing assistance provided by Subrecipient, Subrecipient shall implement a minimum* three-year affordability period during which the homeowner must occupy the home as a principal place of residence, guaranteed by an unsecured forgivable promissory note. O. UNSECURED FORGIVABLE PROMISSORY NOTE ("NOTE") Housing rehabilitation or reconstruction assistance provided by Subrecipient shall be in the form of a three-year unsecured forgivable promissory note at an interest rate of zero -percent (0%). Provided that all terms and conditions contained in the Note continue to be fulfilled, a Note will be forgiven according to the following terms, as applicable, until the applicant fulfills their note requirement (the requirements are defined in the promissory note document): at a rate of 33 percent per year for the first two years, and 34 percent after the third year. If the homeowner occupies the home for the full three-year term, the Note expires and no repayment is required, nor will any conditions be imposed relative to the disposition of the property. If any of the terms and conditions under which the assistance was provided are breached or if the property is sold, leased, transferred or vacated by the homeowner for any consecutive thirty (30) day period during the Note term, the repayment provisions of the Note shall be enforced. If, during the Note term, the homeowner vacates the unit for any consecutive thirty (30) day period, the locality may forgive, as evidenced by the program director, city council, or commissioner court action, the remaining loan balance. Prior to forgiveness of all or any portion of the assistance provided, the request for forgiveness must be approved by the local governing body and be based on documented and justifiable conditions or circumstances that would result in an unnecessary hardship to the homeowner and, in the case of a limited clientele project, the determination that the national objective of benefiting low to moderate -income persons was met. 3. For a limited clientele project, the national objective will be considered met only when the program director, city council, or county commissioners court determines that a low- to . Subrecipient may establish a longer affordability period at its own discretion. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment E GLO Contract No. 22-119-004-D374 Page 5 of 5 moderate -income person has occupied the rehabilitated or reconstructed home for a time sufficient to meet the national objective. If the national objective was not achieved, Subrecipient is liable for repayment of an amount equal to the difference in the appraised value of the home prior to reconstruction and the sales price when the home is sold during the term of the forgivable Note. If property assisted under a limited clientele project is sold or transferred to a person other than an eligible LMI person, the remaining pro -rated balance of the Note must be repaid by Subrecipient from the sales proceeds. Notwithstanding the preceding, Subrecipient shall be held liable for any balance remaining over and above the sales proceeds. In all instances, upon completion of the Note or repayment of the assistance (in full or in part), Subrecipient shall prepare and record a release of lien document in the land records of the applicable county. Monitoring of the Note is required both during and after the grant is closed. Subrecipient must utilize non-CDBG funds to fulfill the monitoring obligations for its impacted recovered community. 6. Subrecipient will maintain a list of homeowners that do not maintain flood insurance as documented in their promissory note. These applicants will not be allowed to receive future assistance as outlined in Section B of this document. P. RENTAL HOUSING REHABILITATION, RECONSTRUCTION, OR NEW CONSTRUCTION ASSISTANCE Rental housing rehabilitation, reconstruction, or new construction assistance will provided be provided in the form of a forgivable loan or grant at zero interest dependent on the applicable Federal Register notice, Action Plan, or Housing Guidelines. Provided all terms and conditions under which the assistance was provided continue to be fulfilled, the note will be forgiven on a pro -rated basis until the applicant fulfills their note requirement (the requirements are defined in the promissory note document). The purpose of the program is to facilitate the rehabilitation, reconstruction, and/or new construction of affordable rental housing needs within the service area of a disaster event in order to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters. A minimum of 51 % of the multi -family units must be restricted during the affordability period of twenty (20) years for low to moderate income (LMI) persons. The rents, at a minimum, must comply with High HOME Investment Partnership (HOME) Rents and other existing Land Use Restriction Agreement (LURA) restrictions if applicable. HOME rent limits are defined by HUD and must equal the lesser of fair market rents or 30% of the adjusted income for people earning 65% of the AMFI. Q. COASTAL MANAGEMENT Subrecipient acknowledges and agrees that any Project that may impact a Coastal Natural Resource Area must be consistent with the goals and policies of the Texas Coastal Management Program as described in 31 Texas Administrative Code, Part 16, Chapter 501. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment F GLO Contract No. 22-119-004-D374 Page 1 of 1 GLO Community Development and Revitalization Monthly Activity Status Report Subrecipient must provide monthly Activity status reporting for all sites identified in the Performance Statement (Attachment A) and relevant to the milestones therein. The Monthly Activity Status Report is due the fifth day of the month following the reporting period for the duration of the Contract. Submit the report using the Texas Integrated Grant Reporting system upload for Monthly Activity Status Reporting. Subrecipient Contract Number: Preparer Name: Reporting Period (Month/ Year): Project Title Contact Information: Project Milestone Phase Att. A Budget Gates/Milestones TIGR Milestone (Pending or Complete) On Schedule? (If no, describe improvement plan below.) Budget Category Budget Allowance Start -Up Documentation PD-GA Funds 0-15% Engineering NTP Eng Funds 0-30% Environmental NTP PD-GA Funds 15.01-30% PD-Env Funds 0-30% Engineering Design Eng Funds 30.01-60% Completion of Special Env Svcs PD-Special Env Funds 100% Authority to Use Grant Funds PD-GA Funds 30.01-50% PD-Env Funds 30.01-100% Acquisition (if applicable) Acq Funds 100% Bid Advertisement PD-GA Funds 50.01-60% Eng Funds 60.01-70% Contract Award and Construction PD-GA Funds 60.01-85% Eng Funds 70.01-85% Construction Funds 0-95% Construction Activity Completion PD-GA Funds 85.01-95% Eng Funds 85.01-100% Construction Funds 95.01-100% Planning NTP Planning Funds 0-95% Planning Completion Planning Funds 95.01-100% Contract Closeout PD-GA Funds 95.01-100% Project Status Concerns (provide notes or information relevant to the overall contract): Budget Status: Total Budget Total Expended Balance % Expended (Total Expended/Total Budget) PD-GA Funds PD-Env Funds PD-Special Env Funds Eng Funds Acq Funds Construction Funds Planning Funds Totals: DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment G GLO Contract No. 22-119-004-D374 Page 1 of 4 GLO Information Security Appendix (CDBG) 1. Definitions "Breach of Security" means any unauthorized access of computerized data that compromises the security, confidentiality, or integrity of GLO Data that is in the possession and/or control of Subrecipient (or any entity with which Subrecipient shares GLO Data as authorized herein) including data that is encrypted if the person accessing the data has the key required to decrypt the data, or a loss of control, compromise, unauthorized disclosure or access, failure to physically secure GLO Data or when unauthorized users access PII or SPI for an unauthorized purposes. The term encompasses both suspected and confirmed incidents involving GLO Data which raise a reasonable risk of harm to the GLO or an individual. A Breach of Security occurs regardless of whether caused by a negligent or intentional act or omission on part of Subrecipient and/or aforementioned entities. "GLO Data" means any data or information, which includes PII and/or SPI as defined below, collected, maintained, and created by the GLO, for the purpose of providing disaster assistance to an individual, that Subrecipient obtains, accesses (via records, systems, or otherwise), receives (from the GLO or on behalf of the GLO), or uses in the performance of the Contract or any documents related thereto. GLO Data does not include other information that is lawfully made available to Subrecipient through other sources. "Personal IdentiNinz Information" or "PII" means information that alone, or in conjunction with other information, identifies an individual as defined at Tex. Bus. & Com Code Section 521.002(a)(1). "Sensitive Personal Information" or "SPI" means the personal information identifying an individual as defined at Tex. Bus. & Com. Code Section 521.002(a)(2). All defined terms found in the Contract shall have the same force and effect, regardless of capitalization. 2. Security and Privacy Compliance 2.1. Subrecipient shall keep all GLO Data received under the Contract and any documents related thereto strictly confidential. 2.2. Subrecipient shall comply with all applicable federal and state privacy and data protection laws, as well as all other applicable regulations. 2.3. Subrecipient shall implement administrative, physical, and technical safeguards to protect GLO Data that are no less rigorous than accepted industry practices including, without limitation, the guidelines in the National Institute of Standards and Technology ("NIST") Cybersecurity Framework Version 1.1. All such safeguards shall comply with applicable data protection and privacy laws. 2.4. Subrecipient will legally bind any contractor(s)/subcontractor(s) to the same requirements stated herein and obligations stipulated in the Contract and documents related thereto. Subrecipient shall ensure that the requirements stated herein are imposed on any contractor/subcontractor of Subrecipient's subcontractor(s). DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment G GLO Contract No. 22-119-004-D374 Page 2 of 4 2.5. With the exception of contractors and subcontractors as they are addressed in Section 2.4, Subrecipient will not share GLO Data with any third parties, except as necessary for Subrecipient's performance under the Contract and upon the express written consent of the GLO's Information Security Officer or his/her authorized designee. 2.6. Subrecipient will ensure that initial privacy and security training, and annual training, thereafter, is completed by its employees or contractor/subcontractors that have access to GLO Data or who create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle PII and/or SPI on behalf of the GLO. Subrecipient shall maintain and, upon request, provide documentation of training completion. 2.7 Any GLO Data maintained or stored by Subrecipient or any contractor/subcontractor must be stored on servers or other hardware located within the physical borders of the United States and shall not be accessed outside of the United States. 2.8 Subrecipient shall require that all individuals allowed to access GLO Data pursuant to this Contract sign a confidentiality and non -disclosure agreement ("NDA') before being given access to GLO Data. At a minimum, the NDA shall inform all individuals of the confidential nature of the GLO Data, the security and non -disclosure requirements of this Contract, and the potential criminal penalties and civil remedies specified in federal and state laws that may result from the unauthorized disclosure of GLO Data. The NDA shall require all individuals to acknowledge that the GLO or the United States government, including the U.S. Department of Housing and Urban Development, will seek any remedy available, including all administrative, disciplinary, civil, or criminal action(s) or penalties, as appropriate, for any unauthorized disclosure of GLO Data. Subrecipient shall provide the GLO copies of any and all NDAs upon request or demand by the GLO. 2.9 Subrecipient shall only use GLO Data for the purposes of administering the Project(s) 3. Data Ownership 3.1. The GLO shall retain full ownership of all GLO Data, which includes PII and/or SPI, disclosed to Subrecipient or to which Subrecipient otherwise gains access by operation of the Contract or any agreement related thereto. 3.2. If, at any time during the term of the Contract or upon termination of the Contract, whichever occurs first, any part of the GLO Data, in any form, provided to Subrecipient ceases to be necessary for Subrecipient's performance under the Contract, Subrecipient shall within fourteen (14) days thereafter securely return such GLO Data to the GLO, or, at the GLO's written request, destroy, uninstall, and/or remove all copies of data in Subrecipient's possession or control and certify to the GLO that such tasks have been completed. Subrecipient shall provide certification of such destruction of GLO Data. If such return is infeasible, as mutually determined by the GLO and Subrecipient, the obligations set forth in this Attachment, with respect to GLO Data, shall survive termination of the Contract and Subrecipient shall prohibit any further use and disclosure of GLO Data. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment G GLO Contract No. 22-119-004-D374 Page 3 of 4 4. Data Mining 4.1. Subrecipient shall not use GLO Data for unrelated commercial purposes, advertising or advertising -related services, or for any other purpose not explicitly authorized by the GLO in this Contract. 4.2. Subrecipient shall take all reasonable physical, technical, administrative, and procedural measures to ensure that no unauthorized use or access of GLO Data occurs. 5. Breach of Security 5.1. Subrecipient shall provide the GLO with the name and contact information for an employee of Subrecipient which shall serve as the GLO's primary security contact. 5.2. Upon Subrecipient's discovery of a Breach of Security or suspected Breach of Security, Subrecipient shall notify the GLO as soon as possible, but no later than 24 hours after discovery of the Breach of Security or suspected Breach of Security. Within 72 hours, Subrecipient shall provide to the GLO, at minimum, a written preliminary report regarding the Breach or suspected Breach to the GLO with root cause analysis including a log detailing the data affected. 5.3. Subrecipient shall submit the initial notification and preliminary report to the GLO Information Security Officer at .tifon-nation CLlit;y��X>gjc� t��1� 5.4. Subrecipient shall take all reasonable steps to immediately remedy a Breach of Security and prevent any further Breach of Security. 5.5. Subrecipient shall not inform any third party of any Breach of Security or suspected Breach of Security without first obtaining GLO's prior written consent unless such action is required by law or is limited to third parry personnel that have a need to know for the sole purpose of containing or remediating the Breach of Security or suspected Breach of Security. However, while a third parry may be informed of the Breach or suspected Breach for the sole purpose of containing or remediating it, no GLO Data shall be shared with such third parry unless express written permission is obtained from the GLO in accordance with Section 2.5. Subrecipient will legally bind such third party to the same requirements stated herein and obligations stipulated in the Contract and documents related thereto as soon as practicable upon securing such third parry to contain or remediate the Breach of Security or suspected Breach of Security. 5.6. Notwithstanding the remedies provided in the Contract, if a Breach of Security includes SPI, Subrecipient shall, at the discretion of the GLO, notify affected individuals of such Breach and provide affected individuals complimentary access to one (1) year of credit monitoring services. 6. Right to Audit 6.1 Upon the GLO's request and to confirm Subrecipient's compliance with this Attachment, Subrecipient grants the GLO, or a GLO-contracted vendor, permission to perform an assessment, audit, examination, investigation, or review of all controls in Subrecipient's, or Subrecipient's contractor/subcontractor's, physical and/or technical environment in relation to GLO Data. Subrecipient shall fully cooperate with such DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Attachment G GLO Contract No. 22-119-004-D374 Page 4 of 4 assessment by providing access to knowledgeable personnel, physical premises, documentation, infrastructure and application software that stores, processes, or transports GLO Data. In lieu of a GLO-conducted assessment, audit, examination, investigation, or review, Subrecipient may supply, upon GLO approval, the following reports: SSAE18, ISO/ICE 27001 Certification, FedRAMP Certification, and PCI Compliance Report. Subrecipient shall ensure that this clause concerning the GLO's authority to assess, audit, examine, investigate, or review is included in any contract/subcontract that Subrecipient awards. 6.2 At the GLO's request, Subrecipient shall promptly and accurately complete a written information security questionnaire provided by the GLO regarding Subrecipient's business practices and information technology environment in relation to GLO Data and the GLO shall consider such information to be confidential to the extent allowed by law. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 P.L. 113-2 Contract Reporting Template Attachment H GLO Contract No. 22-119-004-D374 Page 1 of 2 Grantees are to use this template to summarize all procured contracts, including those procured by the grantee, recipients, or subrecipients. For the purposes of this requirement, recipients and subrecipients are defined as any entity receiving funds directly from the grantee. Definitions of each field can be found below. Grantees are to update and upload this template to their website and to DRGR using the Lead Agency's Administration activity each quarter as part of their QPR submissions by selecting the "add additional documents" link in page 1 of the edit activity screen. Please note the specific activity title and number where the template has been uploaded within the QPR's Overall Progress narrative. Please contact your CDP representative with any questions about the requirements pertaining to this template or submit a question to https://www.onecpd.info/get-assistance/my-question/ for DRGR technical assistance. Data Fields: Grantee Enter grantee title as displayed in DRGR system. Grant Number Enter grant number as displayed in DRGR system. Date Updated Enter date template last updated. A. Contractor Name Enter name of Contracted Party B. DUNS Number Enter Data Universal Numbering System number of the Contractor. Note: Entering the DUNS into this template does not fulfill the requirement for grantees to enter DUNS into the DRGR Action Plan at the activity level. Refer to the Notice published July 11, 2014 for more information on this separate requirement. C. Procured by Enter name of entity that procured Contract - HUD grantee (state or local government), partner agency, a subrecipient of a state or local government, or a recipient of a state government. D. Contract Execution Date Enter date the Contract was executed. E. Contract End Date Enter date the Contract will expire. F. Total Contract Amount Enter total amount of executed Contract. G. Amount of CDBG-DR Funds Enter amount of CDBG-DR funds from this grant used to fund the Contract. H. Brief Description of Contract Enter a brief, one sentence description of the purpose of the Contract. To insert additional ROWS, go to HOME menu, and select INSERT from the top left. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 P.L. 113-2 Contract Reporting Template Grantee: Grant Number: Date Updated: Attachment H GLO Contract No. 22-119-004-D374 Page 2 of 2 A. ContpaotorNar6e, 8„ OQN$Number , C, Procu¢ed,8Y 0, Contract Execution Date E. Contract End hate,,,,, F. Total Contract Amount G, Arrioutit of dDSG4)R Funds u'H, E0zfOesoriptfon of Contract,,,' Example: South Texas Landscaping, INC XXX-XXX State of Texas 6/15/2013 6/15/2014 $3,500,000 $3,000,000 Long tens recovery from wildfires of 2011 - Drainage Projects 'See Instructions tab for additional guidance on template elements. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 SUPPORTING DOCUMENTS DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 guySpeed Online Status: 1 RRP - Ready for Purchasing No General Items Vendors Address Accounting Routing Attachments(6) Notes(2) Reminders Summary Vendor Validation Warnings No recommended vendor. Item # 1: No vendor, and there is no recommended vendor at header level. Head Iir III foirIImadoin Requisition Number: X0025690 Short Description: MIT HMGP Status: 1 RRP - Supplemental City of La Ready for Porte 22-119-004-D374 Purchasing Organization: Texas General Land Office and Veterans Land Board Department: 26000 - Community Location: 26102- Required By Date: Development and INFRASTRUCTURE Revitalization Entered Date: 11/18/2021 Requisition Type: Open Market Type Code: Requestor: Jemmy Mondragon Purchaser: Jaynee Williams Fiscal Year: 2022 Contact: Jemmy Mondragon Contact Phone: (512)999-9999 Alternate ID: 22-119- 004-D374 Estimated Cost: $4,000,000.00 Print Format: Requisition print form Solicitation Enabled: No Invoice Method: Three Way Match P-Card Desired: No Ship -to Address: Texas General Land Office Bill -to Address: Texas General Land and Veterans Land Board Office Stephen F Austin Building Commuity Development 1700 North Congress Ave and Revitalization Room B-30 Contact Name: Brenda Contact Name: Chris Lucero Symons PO Box 12873 Austin, TX 78701-1495 Austin, TX 78711-2873 USA USA Email: Email: chris.symons@glo.texas.gov DR.Billing@glo.texas.gov Phone:(512)463-8264 Phone:(512)475-5095 Notes: NAME: City of La Porte AMOUNT: $4,000,000.00 DESCRIPTION: NEW GLO Contract 22-119-004-D374 FUNDING: Hazard Mitigation Grant Program (HMGP) Supplemental EFFECTIVE DATE: Upon date of last signature END DATE: 3 years from date of last signature JUSTIFICATION: Hazard Mitigation Grant Program (HMGP) Supplemental ASSOCIATED AMENDEMENTS: NONE GRANT MANAGER: Sara Hustead Name - City of La Porte TIN - 17460015526 DUNS - 010804755 Louis Rigby 604. W Fairmont Parkway La Porte, TX 77571 281-399-3979 mayorsoffice@laportetx.gov Project contact: Lorenzo Wingate 281-470-5058 wingatel@laportetx.gov https://buy.glo.texas.gov/bso/requisition/regSummary.sdo?docld=XO025690&org.apache.catalina.filters.CSRF_NONCE=null 1 /3 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 guySpeed Online 01 00 FIi: ut.:mm-rt.pm II to III9ew IIIM0 IIIIl.etjuest IVWfll, afioin III°°IIIIIIAiAIII'I" SuIIIpIIIpIIIeIIrm°IIIeIInt III Uty of III..a IIII"ollrt .Ilpd II o IIII^ourte 4;?,4-1.Ilipdf II III''tl'ellrte..III i tIII ""'III III iCIIItl'III""'III IIM III ur:.."LG?4° ..III' 1119III ..... ..... I III , w G?OG;w"'m.."'m"'m.."'17.doc IIMIII "'t III °°III IIIAiCIII''I"Su aullipIlCplll..III1�11ecoiniiiIiiniiieiindatlloiinIIttieiiniiio ;�?GO w'm..09.. M,, AIICpurvd III! IIIIIIIILS.IIipdf t"III IIIdS III a IIII"ollrte.11ipdf Agency Forms: Vendor Files: Vendor Forms: II t eurn IIII in fo ur arn a t 1 o in II:E AppiroVraIIII II I t Iti Approva Path - I 1 - ( IN FRASTRUCTUir c r Approva I) Delete Order Approver Alternate Level Date Requested Date Action Comments Sequence Approver 1 Esmeralda Benjamin 1 11A8/2021 02:47 PM 11/29/2021 07:08 PM Approved Sanchez Parry (Esmeralda Sanchez) Approval Path - DEP26000 - (Community vl ent and RevitalizationDeputy Approval ) Delete Order Approver Alternate Level Date Requested Date Action Comments Sequence Approver 2 Heather Jet Hays 1 11/29/2021 07:08 PM 12/01/2021 12:44 PM Approved Approved per Lagrone (Samantha H.Lagrone Rodriguez) Approval Path - CDR26000 - (CDR Finance Approval ) Delete Order Approver Alternate Level Date Requested Date Action Comments Sequence Approver 3 Matthew Brenda 1 12/01/2021 12:44 PM 12/01/2021 01:57 PM Approved Anderson Lucero (Matthew John Kelley Anderson) Monica Urias https://buy.glo.texas.gov/bso/requisition/regSummary.sdo?docld=XO025690&org.apache.catalina.filters.CSRF_NONCE=null 2/3 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 guySpeed Online al 00 Sequence Approver 4 Valerie Amy Minor 1 12/01/2021 01:57 PM 12/01/2021 03:32 PM Approved Hooper Adel (Amy Minor) Barrientos Chris Sanchez Gayle Eiben Jason Storey Paul Botello Sarah Clawson Stanley Rasberry 5 Angie Jason 2 12/01/2021 03:32 PM 12/01/2021 04:30 PM Approved Williams Storey (Angie Williams) Delete Order Approver Alternate Level Date Requested Date Action Comments Sequence Approver 6 David Warren 1 12/01/2021 04:30 PM 12/01/2021 05:11 PM Approved Repp Collier (David Repp) 7 Mark 2 12/01/2021 05:11 PM 12/02/2021 09:52AM Approved Havens (Mark Havens) Approval Path - FEDPROCURE - ( Federal Procurement Approval ) Delete Order Approver Alternate Level Date Requested Date Action Comments Sequence Approver 8 Vonda 1 12/02/2021 09:52 AM 12/02/2021 12:41 PM Approved White (Vonda White) Cancel Requisition Clone Requisition Print Copyright © 2021 Periscope Holdings, Inc. - All Rights Reserved. https://buy.glo.texas.gov/bso/requisition/regSummary.sdo?docld=XO025690&org.apache.catalina.filters.CSRF_NONCE=null 3/3 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 ERAL MEMORANDUM W p6. m TEXAS GENERAL LAND OFFICE • GEORGE P. BUSH • COMMISSIONER u eTge ,`936 c Date: September 24, 2021 To: Esmeralda Sanchez, Interim Director, Grant Management, CDR From: Ben Parry, Manager/Grant Management Systems Guide, CDR And/Or Suzanne Nelson, Manager/Grant Management Report Guide, CDR Subject: CDBG Mitigation HMGP Supplemental Recommendation of Awards - LaPorte HUD allocated $4,297,189,000 total in Community Development Block Grant Mitigation (CDBG- MIT) funds to the State of Texas through the notice in Federal Register 84 FR 4838, published August 30, 2019 to address risks identified in areas impacted by the 2015 Floods, 2016 Floods, and Hurricane Harvey with at least 50% of these funds used towards activities that benefit Low and Moderate Income (LMI) persons. This allocation is administered under grant number B-18- DP-48-0002. The State of Texas CDBG-MIT Action Plan: Building Stronger for a Resilient Future established multiple mitigation programs, including HMGP Supplemental, which has a total allocation of $170,000,000, of which at least fifty (50) percent must address identified risks in the Hurricane Harvey HMID areas (counties). Prospective applicants applied with Texas Division of Emergency Management (TDEM) and submitted local mitigation projects through FEMA's Hazard Mitigation Grant Program (HMGP). This supplemental helps fund HMGP CDBG-MIT eligible projects that were selected by (TDEM) but unable to receive funding in Hurricane Harvey impacted areas. Those that meet this qualification were invited to participate. Those applicants are being assisted by Grant Management staff through the GLO application and CDBG eligibility processes. With completion of all necessary responsive actions, the following award recommendations are being made, along with a summary of the allocation status. DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 MIT-HMGP Supplemental County COG Project Title LMI % Eligible Request HMID Applicant Houston- Brookglen Galveston Subdivision LaPorte Harris Area Drainage 52.54% $ 4,000,000.00 Council (HGAC) Improvements Subtotal This Request $4,000,000.00 HMGP Supplemental HMID Balance Summary Total CDBG-MIT HMID HMGP Supplemental Allocation $85,000,000.00 Total CDBG-MIT HMID HMGP Supplemental Requested to date $30,265,489.12 Balance Remaining $54,734,510.88 MIT-HMGP Supplemental SMID Applicant County COG Project Title LMI % Eligible Request No additional award recommendations Subtotal This Request HMGP Supplemental SMID Balance Summary Total CDBG-MIT SMID HMGP Supplemental Allocation $85,000,000.00 Total CDBG-MIT SMID HMGP Supplemental Requested to date $7,290,374.14 Balance Remaining $ 77,709,625.86 Page 12 DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 From: Joseph Cardona To: Bsa Requests; Adrianna Seaura Subject: FW: New BSO Request Mitigation HMGP Supplemental City of La Porte Date: Wednesday, November 17, 2021 3:05:43 PM Attachments: imaae001.Dna LaPorte-MitHMGPHMID-1247-FNL-ATT-A 2021-11-17.docx La Porte 424.Ddf M IT-H MGPSu DDI-Recommendation Memo 2021-09-24 ADrvd-ERS.pdf 22-119-004-D374 From: Bso Requests<bsorequests@recovery.texas.gov> Sent: Wednesday, November 17, 2021 11:41 AM To: Joseph Cardona <Joseph.Cardona@GLO.TEXAS.GOV> Subject: FW: New BSO Request Mitigation HMGP Supplemental City of La Porte Joseph, Can I please have the contract # for this one? Jemmy From: Suzanne Nelson<:>.6J..,.1.�?..�?_�'...�!.�.,..l"I.o.�!.,.aloCc��recov�.,r��tex6��s gov> Sent: Wednesday, November 17, 2021 11:13 AM To: Bso Requests <,�r.;�.r.r:.'...c c.aests @recoverv....:t,.... ...`.....z. ov> Cc: Esmeralda Sanchez<,f;...!�;?_�'.r.:.�?..I_ca_�....: Y. i.�!_�:.�I.�'.:.,,, lo�(Drecovery texas gov>; Benjamin Parry <..e..r, arriin..:...a..r:.r.:.y. elo� r cov 5rv....:t, 5,x,a..`.....a.r,v,,,>; Robby Bizot <,R,r,��,��....Bizot.ctr E)recover .t�5xa.:.zeov>; Joseph Cardona L.d.. _aa,,,(;?,2ze:lo.texa.: Yov>; Sara Hustead <sa..r.:.�?..::_I:�.ca..`�:t.eta„d....a.�.....%)..:.'..::r..'..:.y.texas e.ov> Subject: New BSO Request Mitigation HMGP Supplemental City of La Porte Attached are documents to support the BSO request for the following: NAME: City of La Porte AMOUNT: $4,000,000.00 DESCRIPTION: NEW GLO Contract XX-XXX-XXX-XXXX FUNDING: Hazard Mitigation Grant Program (HMGP) Supplemental EFFECTIVE DATE: Upon date of last signature END DATE: 3 years from date of last signature JUSTIFICATION: Hazard Mitigation Grant Program (HMGP) Supplemental ASSOCIATED AMENDEMENTS: NONE GRANT MANAGER: Sara Hustead Thanks! Suzanne Suzanne Nelson Manager / Grant Management DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 " Community Development & Revitalization Texas General Land Office, George A Bush, Commissioner Office Direct (512) 463-2785 Cell Phone (512) 434-9698 c.rr o, c ��c;„ , ;.,gm DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 OMB Number: 4040-0004 Expiration Date: 12131/2019 Application for Federal Assistance SF-424 * 1. Type of Submission: Preapplication ® Application ❑ Changed/Corrected Application ' 2. Type of Application: ' If Revision. select appropriate letter(s): ® New Continuation ' Other (Specify): Revision * 3. Date Received: 4. Applicant Identifier. 01/22/2021 5a. Federal Entity Identifier. 5b. Federal Award Identifier. State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: 'a. Legal Name: City of La Porte * b. Emptoyerlraxpayer Identification Number (EIN/TIN): ` c. Organizational DUNS: 10108047550000 74-6001552 d. Address: ' Streetl: 1604 W. Fairmont Parkway Street2: ' City: La Porte County/Parish: Harris 'State: Province: 'Country: 'Zip/ Postal Code: 77571-6215 TX: Texas USA: UNITED STATES e. Organizational Unit: Department Name: Division Name: Administration City of La Porte f. Name and contact information of person to be contacted on matters involving this application: Prefix Mr. * First Name: Middle Name: * Last Name: Wingate Suffix: Lorenzo Title: Assistant Director of Public Works Organizational Affiliation: Administration *Telephone Number: 281-470-5058 Fax Number: 'Email: WingateL@laportetx.gov DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: . Other (specify): * 10. Name of Federal Agency: United States Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.228 CFDA Title: Community Development Block Grant - Mitigation (CDBG-MIT) ` 12. Funding Opportunity Number: FR-6149-N-42 * Title: Community Development Block Grant - Mitigation (CDBG-MIT) 13. Competition Identification Number: N/A Idle: NIA 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachrnertt t?elete Aitadh►nent . vievr..Attadisment 15. Descriptive Title of Applicant's Project: rkglen Subdivision Drainage Improvements Attach supporting documents as specified in agency instructions. Add Attachments Del ~te Aitactimerii View Attachments DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 Application for Federal Assistance SF-424 16. Congressional Districts Of- * a. Applicant E� * b. Program/Project EEE= Attach an additional list of ProgramiProject Congressional Districts if needed. F— Add Attachment L-1221ote Min cl irnei �1 I View))Machrnent 17. Proposed Project: * a. Start Date! EEt ✓ 2 e 21 b. End Date: IEEE 18. Estimated Funding a. Federal 4,000,000�001 b. Applicant 0.001 c. State 0, a o] cl. Local 7, 400, 009.3E e. Other G. 00] L Program Income 0,00] *g.TOTAL_ 11,400,009.38 19. Is Application Subject to Review By State Under Executive Order 12372 Process? 1-1 a. This application was made available to the State under the Executive Order 12372 Process for review on F-] b. Program is subject to E.O. 12372 but has not been selected by the State for review. N c, Program is not covered by E.O. 12372. 20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes," provide explanation in attachment.) [—] Yes M No if "Yes", provide explanation and attach LLI-11ei:e All achment � View AWxhmt?,i:�l11 21. *By signing this application, I certify (1) to the statements contained in the list of certifications— and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances- and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) Z - I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this Ust, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: koui.s Middle Name: Last Name: J'iqby Suffix: Title: hayor Telephone Number: 1281-399-3979 Fax Number: *Email: iMayorsoff.i.ce0�Lal?orte7'X.gov Eignature of Authorized Representative: Date Signed: imm Certificate Of Completion Envelope Id: 348BB866CFC7422DBFB7863533Bl3759 Subject: $4M Contract: 22-119-004-D374 - City of La Porte (Texas GLO) Source Envelope: Document Pages: 77 Signatures: 4 Certificate Pages: 6 Initials: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 3/3/2022 9:32:09 AM Signer Events Ginger Mills Ginger. Mills@glo.texas.gov Attorney Texas General Land Office, Office of General Counsel Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hustead sara.hustead.glo@recovery.texas.gov Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Heather Lagrone heather.lagrone.glo@recovery.texas.gov Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marc Barenblat marc.barenblat@glo.texas.gov Deputy General Counsel Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Adrianna Segura adrianna.segura@glo.texas.gov Signature IDs Signature Adoption: Pre -selected Style Using IPAddress: 165.225.34.60 E Signature Adoption: Pre -selected Style Using IPAddress: 165.225.34.76 EW's Signature Adoption: Pre -selected Style Using IPAddress: 165.225.34.64 Signature Adoption: Pre -selected Style Using IPAddress: 165.225.34.69 Status: Completed Envelope Originator: Adrianna Segura 1700 Congress Ave Austin, TX 78701 adrianna.segura@glo.texas.gov IP Address: 165.225.34.55 Location: DocuSign Timestamp Sent: 3/3/2022 3:25:19 PM Resent: 3/3/2022 5:10:43 PM Viewed: 3/14/2022 8:02:44 AM Signed: 3/14/2022 8:05:31 AM Sent: 3/14/2022 8:05:36 AM Viewed: 3/14/2022 9:10:26 AM Signed: 3/14/2022 9:11:31 AM Sent: 3/14/2022 9:11:38 AM Viewed: 3/14/2022 9:13:55 AM Signed: 3/14/2022 9:14:04 AM Sent: 3/14/2022 9:14:13 AM Viewed: 3/18/2022 11:19:34 AM Signed: 3/18/2022 11:42:38 AM Signer Events Jeff Gordon jeff.gordon@glo.texas.gov General Counsel Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Louis Rigby mayorsoffiice@laportetx.gov Mayor Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark A. Havens Mark. Havens@GLO.TEXAS.GOV Chief Clerk and Deputy Land Commissioner Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events BSO Team bsorequests@recovery.texas.gov Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Joseph Cardona joseph.cardona@glo.texas.gov Team Lead/Contract Manager Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 3/18/2022 11:42:46 AM E"s Viewed: 3/18/2022 11:43:22 AM Signed: 3/18/2022 11:43:28 AM Signature Adoption: Pre -selected Style Using IPAddress: 165.225.34.84 cy: Sent: 3/18/2022 11:43:37 AM Eb110-Sig-d bu�S K�"�Viewed: 3/19/2022 7:30:59 AM c40C16F57Ae4420 Signed: 3/21/2022 11:12:52 AM Signature Adoption: Pre -selected Style Using IPAddress: 107.214.34.180 oos �eaby: Sent: 3/21/2022 11:12:58 AM Viewed: 3/21/2022 11:23:00 AM E7C2'9"9F4374E7497,,Signed: 3/21/2022 11:23:07 AM Signature Adoption: Drawn on Device Using IPAddress: 107.77.220.82 Signature Timestamp Status Timestamp Status Timestamp Status Timestamp Status Timestamp Status Timestamp LCOPIED Sent: 3/3/2022 9:46:08 AM COPIED Sent: 3/3/2022 9:46:09 AM Resent: 3/3/2022 3:25:18 PM Carbon Copy Events Status Drafting Requests draftingrequests@GLO.TEXAS.GOV COPIED Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly McBride kelly.mcbride@glo.texas.gov L COPIED Director of CMD Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Adrianna Segura adrianna.segura@glo.texas.gov OPIED Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jaynee Williams Jaynee.Williams@glo.texas.gov L COPIED Purchaser Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Matthew Anderson matthew.anderson.glo@recovery.texas.gov L COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounting Team DR.SystemAccess@glo.texas.gov L COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Esmeralda Sanchez EsmeraIda.Sanchez.glo@recovery.texas.gov Manager Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Trey Bahm Trey. Bahm.GLO@recovery.TEXAS. GOV L COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Timestamp Sent: 3/3/2022 9:46:09 AM Sent: 3/3/2022 9:46:09 AM Sent: 3/3/2022 9:46:10 AM Resent: 3/21/2022 11:23:26 AM Sent: 3/3/2022 9:46:10 AM Viewed: 3/3/2022 10:22:39 AM Sent: 3/14/2022 8:05:36 AM Sent: 3/14/2022 8:05:36 AM Sent: 3/14/2022 9:11:37 AM Carbon Copy Events Status Colin Nickells Colin. N icke Ils. G LO@recove ry. TEXAS. GOV COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Diane Hill -Smith diane.hill-smith.glo@recovery.texas.gov OPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Benjamin Parry benjamin.parry.glo@recovery.texas.gov OPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Commissioner George P. Bush GeorgeP@glo.texas.gov Commissioner, General Land Office Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lorenzo Wingate WingateL@laportetx.gov L COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Katie Lawrence Katie. Lawrence@glo.texas.gov L COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign HUB HUB@glo.texas.gov L COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Martin Rivera Jr martin.rivera.glo@recovery.texas.gov Deputy Director,M&Q Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Timestamp Sent: 3/14/2022 9:11:37 AM Sent: 3/14/2022 9:11:39 AM Sent: 3/18/2022 11:43:35 AM Sent: 3/18/2022 11:43:35 AM Sent: 3/18/2022 11:43:37 AM Viewed: 3/18/2022 12:04:43 PM Sent: 3/21/2022 11:23:14 AM Sent: 3/21/2022 11:23:15 AM Carbon Copy Events Pamela Mathews pamela.mathews.glo@recovery.texas.gov Program Integration Director Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status Ryne Zmolik ryne.zmolik.glo@recovery.texas.gov L COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Denise Hall denise.hall.glo@recovery.texas.gov COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Michelle Esper-Martin michelle.espermartin.glo@recovery.texas.gov Management Analyst Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tanya Masike tanya.masike.glo@recovery.texas.gov OPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeana Bores jeana.bores.glo@recovery.texas.gov COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Caley Carmichael caley.carmichael.glo@recovery.texas.gov Grant Manager Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Suzanne Nelson suzanne.nelson.glo@recovery.texas.gov Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Timestamp Sent: 3/21/2022 11:23:17 AM Sent: 3/21/2022 11:23:17 AM Sent: 3/21/2022 11:23:17 AM Sent: 3/21/2022 11:23:19 AM Viewed: 3/21/2022 2:30:02 PM Sent: 3/21/2022 11:23:21 AM Sent: 3/21/2022 11:23:22 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/3/2022 9:46:10 AM Certified Delivered Security Checked 3/21/2022 11:23:00 AM Signing Complete Security Checked 3/21/2022 11:23:07 AM Completed Security Checked 3/21/2022 11:23:23 AM Payment Events Status Timestamps DocuSlign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Nlumber 2022-102 INTERILOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This Agreement is made and entered into pursuant to Texas Government Code Ann. 791.001, et seq. (the Interlocal Cooperation Act), by and between City of La Porte, Texas, a body corporate and politic under the laws of the State of Texas, located within Harris County, and hereinafter referred to as the "City," and the Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "District," or each a "Party" to this Agreement, and are collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the City desires to design and construct a project for the demolition, reconstruction and improvement of the Brookglen Storm Sewer System, on its property, hereinafter referred to as the "Project" as shown in the document attached hereto as Exhibit A; and WHEREAS, the District's mission is to provide flood damage reduction projects that work, with appropriate regard for community and natural values, and desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the Texas General Land Office ("GLO":) is willing to fund a portion of the cost of the Project through a Community Development Block Grant; and WHEREAS, the City has estimated the total cost of the Project to be $11,940,009.88, as shown in the document attached hereto as Exhibit B, and the GLO is willing to contribute a maximum of $3,998,769.06 and the City is willing to contribute a maximum of $5,041,217.54 ("City Contribution") toward the cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,900,023.28 ("District Contribution") toward the shared cost of the drainage components of'the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the Parties, the Parties agree as follows: Within forty-five (45) days of the execution of this Agreement by both parties, the District shall pay the City ($2,900,023.28) as the District Contribution toward the cost of the Project. The City and the Texas General Land Office will pay the remaining cost of the Project. If the City does not receive the GLO, funds or receives only a portion of them, the City and the District may decide to make up for the lost funds. The City and the District, upon approval of their respective governing bodies, will each pay half of any lost GLO, funding; however, the District will not pay for any non - drainage components of the Project costs that were to be covered by GLO funding. -1- DocuSlign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Nlumber 2022-102 The City will award the construction contract for the Project in accordance with competitive bidding laws applicable to the City. The City's determination of the lowest responsible bidder for the Project shall be final. If the City encounters environmental contamination or other issues that make it impossible to continue the Project during construction, it shall immediately halt all work until the Parties have discussed the issues presented and reached an agreement on how or whether to proceed. Under no circumstances shall the District be responsible for any remediation costs or any costs associated with environmental contamination at the Project site. If' this Agreement is terminated by the City because of environmental contamination discovered at the Project Site, the City will be responsible for all costs of the Project, including reimbursement to the District for Project costs already paid out of the District Contribution, to the point of termination., The City will strive to engage with prime contractors and subcontractors representative of the diverse businesses of Harris County. The City will use its best efforts to afford historically underutilized minority- and woman -owned businesses (MNVBEs) a fair and equal opportunity to participate in the City's procurement process, as allowed by law. Nothing in this paragraph is intended to conflict with any federal MINVBE requirements. IV. Upon execution of this Agreement, the City shall prepare or cause to be prepared drawings and specifications for the Project to be constructed and perform other engineering services in connection therewith. The City shall submit the drawings and specifications to the District for review and approval. The District shall promptly review and approve the drawings and specifications, which approval shall not be unreasonably withheld. The City may make changes and amendments to the drawings and specifications within the design intent of the Project as the City deems necessary or desirable during construction and shall notify District of all such changes and amendments within two (2) calendar days after making such a change or amendment. In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District shall review changes or amendments and shall provide a documented decision within two (2) calendar days. Should the District fail to provide its documented decision within two days, this shall be interpreted as no objection from the District regarding the change(s) or amendment(s). In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District, upon approval by Harris County Commissioners Court, will pay half of any drainage -related costs that exceed the amount of the District Contribution. The City, upon approval of the City Council of the City of LaPorte, will pay the other half of the drainage -related costs and the total cost of'any non -drainage element overages. V. The District shall have access at all reasonable 'times to the Project construction site and to all relevant drawings, specifications, contract documents, and records to verify that the Project is constructed in compliance with this Agreement. The District and Precinct 2 will receive monthly updates and invites to all progress meetings. The City has been advised by the District and the City clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the District -2- DocuSlign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Nlumber 2022-102 shall have available the total maximum sum of'Two Million Nine Hundred Thousand Twenty - Three and 28/100 Dollars ($2,900,023.28) specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of this Agreement, and that any cost increases in the Project to be paid by the District must first be approved by Harris County Commissioners Court and certified as available by the County Auditor. Vil. The City or the District may terminate this Agreement, without cause, upon thirty (30) days written notice to the other Party until such time as the City awards the construction contract for the Project, in which case any unspent portion of the District Contribution shall be returned to the District in a timely manner. Once the Project has started construction, if the City terminates this Agreement for any reason other than as stated in Paragraph 11 herein, the City will refund to the District any unspent portion of the District Contribution. Vill. Upon completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will maintain the Project once it is complete. 10 Within thirty (30) days of completion of the construction of'the Project, the City shall provide the District with record drawings of the Project. The City will conduct an accounting of all monies expended and distinguish which monies were spent on drainage and non -drainage components of the Project following the completion of the Project., The City will refund to the District its portion of any amount not spent as stated in this Agreement or any amendment to this Agreement. The City will maintain the Project to the extent and in the same manner as other like facilities within the City once it is complete. The District Contribution will go toward the drainage component(s) of the Project as defined as: site preparation, storm sewer improvements, pavement and sidewalk reconstruction, utility adjustments associated with storm sewer improvements, engineering and additional services related to the listed components. If the City spent any of the District Contribution on non -drainage components of the Project, the City will timely refund the portion of the District Contribution that it spent on non -drainage components. X. The City will cause to be inserted in the construction contract for the Project an agreement that the contractor will indemnify, defend, protect, covenant not to sue, release, and save and hold harmless the District and City and all their representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Project or any associated improvements, or on account of any act of omission by the contractor. The City will require its contractors to name the District and the City as additional insureds. The Parties will endeavor to give each other at least seventy-two (72)-hours-notice of release of information regarding the Project to the news media, private citizens or community organizations; however, this article shall have no application to any release of information based upon approval of this Agreement or any amendment thereto by the governing bodies of the Parties. -3- DocuSlign Envelope ID: D4506BB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 EM All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the District at the following address: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attention: Executive Director All notices and communications under this Agreement shall be submitted electronically to citysecretary(a-)Iaportetx.,qov, or mailed by certified mail, return receipt requested, or delivered to the City at the following addresses: City of La Porte 604 W Fairmont Parkway, La Porte, Texas 77571 Attention: City Manager am No Party hereto shall make, in whole or in part, any assignment of the Agreement or any obligation hereunder without the prior written consent of the other Party. XIV. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the Parties hereto. INTA If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the provisions hereof. The illegal or invalid provisions will be deemed stricken from this Agreement and deleted to the same extent and effect as if never incorporated herein. EXECUTED on January 25,2022 APPROVED AS TO FORM: CHRISTIAN D. MENEFEE Harris County Attorney 0 EDgn ocuS�ed by, (4wO, Ft'a�" CALU, L)9PE318CPBA4F3L LAURA FIORENTINO CAHILL Senior Assistant County Attorney HARRIS COUNTY FLOOD CONTROL DISTRICT By: LINA HIDALGO, County Judge -4- DocuSiign Envelope ID: D4506BB2-B4B7-4171'-917E-6FB4ED202ABB HCFCD Agreement Nlumber 2022-102 ATTEST: 0366�WWu By: E4;iiF 092 HD6444 /1 _.. Name:' Lees war Title: city Secre CITY OF LA PORTE, TEXAS DocuSigned by: EG292BL)644411 � . (" r B�l 6� /' NJeme: °r y D. Alexander' Title: -City -5- DocuSlign Envelope ID: D4506BB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 EXHIBIT A Hell ft II Ok II R M DocuSlign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Nlumber 2022-102 [;V,4 0 11 �1.1 k a Brook,glen Subdivision Drainage Improvements Estimated Project Costs Construction $10,600,009.88 Engineering (Design, Bid and Construction) $810,000.00 Additional Services (material testing, administration, etc) $530,000.00 Project Total $11,940,009.88 City of La Porte Share (42%) $5,041,217.54 .GLO Share (34%) $3,998,769.06 IBarris CountyShare (24%) $2,900,023.28 M DocuSlign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Nlumber 2022-102 Presented to Commissioners Court January 25, 20,22 THE STATE OF TEXAS Approve: G/R COUNTY OF HARRIS The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on January 25, 2022 , with the following members present, to -wit: Lina Hidalgo County Judge Rodney Ellis Commissioner, Precinct No. 1 Adrian Garcia Commissioner, Precinct No. 2 Tom S. Ramsey, P.E. Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 and the following members absent, to -wit: ]none constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN CITY OF LA PORTE, TEXAS AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT Commissioner Garcia introduced an order and made a motion that the same be adopted. Commissioner Ramsey seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: AYES: Judge Lina Hidalgo NAYS: Comm. Rodney Ellis ABSTENTIONS: Comm. Adrian Garcia Comm. Tom S. Ramsey, P.E. Comm. R. Jack Cagle Yes No Abstain )/1 0 0 IV] E71 E71 Fv_`1 0 0 E71 E71 71 E7 The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the City desires to design and construct a project for the demolition, reconstruction and improvement of the Brookglen Storm Sewer System on its property, hereinafter referred to as the "Project" as shown in the document attached hereto as Exhibit A; and WHEREAS, the District's mission is to provide flood damage reduction projects that work, with appropriate regard for community and natural values, and desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the Texas General Land Office ("GLO") is willing to fund a portion of the cost of the Project through a Community Development Block Grant; and WHEREAS, the City has estimated the total cost of the Project to be $11,,940,009.88, as shown in the document attached hereto as Exhibit B, and the GLO is willing to contribute a DocuSign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 maximum of'$3,998,769.06 and the City is willing to contribute a maximum of $5,0411,217.54 ("City Contribution") toward the cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,900,023.28 ("District Contribution") toward the shared cost of'the drainage components of the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, BE, IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1:: The recitals set forth in this order are true and correct. Section 2:: County Judge Lina Hidalgo is hereby authorized to execute for and on behalf of the Harris County Flood Control District, an Interlocal Agreement by and through the Harris County Flood Control District and the City of La Porte, Texas, for a fee to be paid by the District of $2,900,023.28, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. eng La Porte B1 12-GO01 2022-102.docx REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Ray Mayo, Director Department: Public Works 14'" Report ii""" Resolution i" Ordinance Exhibits: Vicinity Map; Original Site Agreement; Site Aareement Extension: Proposed Site Aareement Amendment: Proiect Information Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item:" Yes (" No SUMMARY & RECOMMENDATION In late 2020, representatives from Los Alamos National Laboratories and University of Houston contacted City staff regarding use of the La Porte Municipal Airport for a proposed scientific weather observation study, which was approved by City Council at the December 14, 2020 City Council Meeting. Minor site improvements were made, providing an access road, building pad, electrical power, and intereet service. Portable container -style offices were deployed on the pad along with the observation and data collection equipment. The study was initiated on April of 2021 through April of 2022, with the City approving an extension request though December 31, 2022. When the study is completed the containers, equipment, access road and building pad will be removed. The electrical site improvements will remain for future utilization by the City. In the 2nd quarter of 2022, the University of Houston Department of Earth and Atmospheric Sciences requested to amend the original agreement, executed on February 5, 2021 to change the definition of "Property" to also include 1010 Bayshore Drive, La Porte, TX 77571, to allow Sandia National Labs to fly a tethered balloon and install multiple trailers associated with an experiment. Flights will be coordinated with the FAA and take place between November 1 and December 30, 2022. The experiment intends to utilize cameras, on a tethered balloon, to automatically identify marine mammals, in the water, that could be impacted by future underwater power generating equipment. A pontoon boat will be towing whale and seal silhouettes, along the shore, for detection. This site is only expected to be a test site to determine the feasibility of the technology. Staff Recommends approval of the amendment and coordination with University of Houston for the marine mammal detection experiment. Benefits: This project is of great interest to the scientific community and could promote the City and its shoreline. Liabilities: There are no liabilities for the City of La Porte participates. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to amend the existing agreement with the University of Houston to change the definition of "Property" to also include 1010 Bayshore Drive, La Porte, TX 77571, allowing Sandia National Labs to conduct a marine mammal identification experiment. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date 00 K-21-00074 This SITE AGREEMENT FOR ATMOSPHERIC RESEARCH (`"A reeinent") is inade elTective as of the date of last: signature set forth below (the "El cctivr Date"), by and between the CITY OF LA FORTE, TEXAS (hereafter referred to as the "Licensor"), an incorporated municipality located in Harris County, Texas, and the UNIVERSITY RSITY OF HOU TON (hereafter referred to as the "Licensee "), an agency of the state of Texas pursuant to Chapter 111 of the Texas Education Code, for and on behalf of the College of Natural Sciences and Mathematics, Department of Earth and. Atmospheric Sciences. Licensor and Licensee may be referred to individually as a "Parry" or collectively as the "Parties ", RECITALS WHEREAS', Licensee's College of Natural Sciences and Mathematics, Department of Earth and Atmospheric Sciences has contracted with Los Alamos National Laboratory to perform research in support of the Department of Energy's ("DOE") ") Atmospheric Radiation Measurement. ( "ARM") program, WHEREAS, Licensee's research will involve tracking aerosol convection interactions to learn more about cloud and aerosol interactions in the deep convection over the Houston area requiring the selection of three sites to serve as: (1) ARM Mobile facility ("A PI "), () second generation C-band ARM Scanning Precipitation Radar (°"CSAPR2"), and (3) a small satellite site with radiosonde and aerosol measurements; WHEREAS, Licensor is the owner: and operator of La Porte Municipal A.irpoi-t, which is located at 1.0937 Spencer highway, La Porte, Texas 77571 (the "P'ro mr•1})"); WHERE, AS, Licensee has identified the Property as an eligible site to serve as the ARM.F"1. for the installation of a mobile climate measurement instrumentation facility; WHERE' AS, Licensee desires to use a portion of the Property for the purposes described herein; and WHEREAS, Licensor is willing to permit Licensee to use a portion of the Property in such a manner as described herein. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Licensor and Licensee, intending to be legally bound, agree as follows: Page 1 of 8 K-21-00074 I. Grant of 1-Jeense 1.1 Licensee desires to use a designated portion of the Property as depicted on Exhibit A, attached hereto and incorporated herein (hereinafter referred to as the "Sile "), as a mobile climate measurement instrumentation facility, 1.2 Subject to the provisions, covenants, and agreements herein contain, Licensor hereby grants to Licensee, including Licensee's officers, faculty, staff, students, visitors,, partnering entities and contractors, an exclusive license to use the Site on the terms and conditions set forth in this Agreement (hereinafter referred to as the "License "). 1.:3 Licensor shall allow Licensee to install portable restrooms on the Site. Portable restroom facilities shall be properly maintained and adequately secured against: high winds. 1.4 Licensor and l-,icensee expressly acknowledge and agree that this Agreement is not a lease, and that it does not create or convey to Licensee any interest in the Property. 1.5 In consideration for such grant, Licensee will prepare an executive summary for Licensor and Licensor will have hill access to the data generated from Licensee's research which will be publicly available on the Department of Energy's ("DOE") website. 2, Permitted Use 2.1 Licensee including Licensee's officers, faculty, staff, students, visitors, partnering entities, and contractors, shall have the right of ingress and egress to the Site, subject to Licensor's property management policies and not inconsistent with Licensor's primary use of the Property and other operations incident thereto. Licensee shall adhere to all security requirements required by Licensor, Federal Aviation Administration ("FAA"), Transportation. Security Administration ("TSA") and Office of Homeland. Security. Licensee shall coordinate with pipeline companies to certify compliance with all requirements :lor crossing the adjacent pipeline corridor with heavy equipment. Wooden mats may be required. 2.2 Licensee shall have the right to construct or cause the construction of certain improvements to the Site as further described in the scope of work ("SOW") set forth in Exhibit B, attached hereto and incorporated herein. Licensee will arrange and pay for phone, internst, and electrical installation and service at the Site. All construction activities shall be permitted by and coordinated with Licensor. Construction and installation of any and all improvements, facilities and lighting devices shall be compliant with FAA regulations. Any noise emitted from equipment or facilities at the Site shall not exceed maximum decibel thresholds established in Chapter 34, Article III of the City of La Porte Code of Ordinances. Furthermore, equipment and facilities erected on the Site shall have no adverse effects or otherwise interfere with radio communications. 2.3 Licensee shall also have the right to install instruments and supporting equipment which may include, but are not limited to, radars, profiling equipment, aerosol and trace gas composition and physical property measurements. All equipment installed at the Site in support Page 2 of 8 K-21-00074 of Licensee's research, whether said equipment constitutes a fixture Linder the Texas Property Code, shall remain property of Licensee. Licensee shall prepare and comply with written procedures and standards for launching of weather balloons. Balloon launches shall not interfere with aircraft operations at the Property and a NOTAM shall be provided for the activity. 2.4 The mobile climate measurement instrumentation facility will be normally urn-nanned except for times when scientists and field technicians are required to maintain and operate the equipment during the campaign. Coordination of construction, research, and access to the Site will be under the direction of Dr. James Flynn ("Principal Investigator"). Licensee will notify Licensor of any change to the Principal Investigator within five (5) business days of any change, 15 In addition to the construction of a mobile climate measurement instrumentation facility and installation of equipment, Licensee may authorize third -party research collaborators (each a "Research Collaborator") to operate its own facilities at the Site by assuming responsibility for existing facilities previously installed on the Site by Licensee or another Research Collaborator. If Licensee exercises this option, Licensee shall notify Licensor in writing. With respect to facilities that a Research Collaborator installs on the Site, the Research Collaborator has the same rights and duties and requirements as Licensee under this Agreement. If the Research Collaborator is a governmental entity with sovereign immunity, restrictions on its liability, ability to indemnify, or funding, the entity's sovereign immunity and restrictions shall apply under this Site Agreement. 3. Term and Termination 3.1 This Agreement is effective as of the Effective Date and shall continue through June 30, 2022. Licensor and Licensee may extend the term for tip to one (1) year by mutual written agreement prior to expiration of the original term. 12 Licensor reserves the right to revoke the License granted to Licensee under the terms of this Agreement for cause due to default of Licensee in complying with the terms of this Agreement, subject to the requirement that Licensor provide Licensee sixty (60) days' advance notice and an opportunity to cure. If Licensee cures the default within the sixty (60) day period, the proposed termination is ineffective. Licensor may also revoke the License granted to Licensee, under the terms of this Agreement in the event Licensor is required to discontinue authorization for Licensee's use of the Site because of a directive or other requirement of applicable federal and/or state agencies exercising jurisdiction over the operation of the Property. 4. Restoration of Property and Removal of Equipment 4.1 Upon expiration of this Agreement, Licensee shall have one -hundred and twenty (120) days to: 4.1.1 Remove any equipment placed at the Site pursuant to this Agreement; .and Page 3 of 8 K-21-00074 4.1.2 Make reasonable repairs and/or replace, any property of Licensor dain aged by Licensee's operations conducted at the Site to the extent binds are available for such purpose. 4..2, Upon removal of Licensee's equipment and, at the request of Licenser, Licensee shall restore the Site to the condition it was in prior to the construction of a mobile climate measurement instrumentation facility and installation of equipment. if Licensor requests that Licensee leave any items in place, such as the site pad, Licensor shall be responsible for the items left in place, in the condition that they are left in place. 4.3 if Licensee does not remove the equipment and/or restore the Site within the time prescribed in Section 4.1, Licensor may remove the Licensee's equipment and/or restore the Site and charge Licensee for the actual costs incurred by Licensor, including an administrative charge not to exceed five percent (5%) of the actual costs. Licensee shall pay Licensor within thirty (30) days of an itemized invoice. . Liability and Indemnitgy 5.1 Licensor acknowledges that licensee is an agency of the State of "Texas and has only such authority as is granted to Licensee is by state law or as may be reasonably implied from such law, and that any obligation of Licensee under this Agreement to obtain insurance is expressly made sul�jectto the Licensee's authority under state law to obtain such insurance. Licensor further agrees that Licensee shall have the right, at its option, to (a) obtain liability insurance protecting Licensee and its employees and property insurance protecting Licensee's interests in real property and the contents located in such real property, to the extent authorized by Section 51.966 of the Texas Education Cocle or other law; or (b) self -insure against any risk that may be incurred by Licensee as a result of its operations under this Agreement. 5.2 Licensee shall require its contractors to provide the following insurance coverage: General Liability: Commercial General Liability General Aggregate $2,000,000,00 Products -Completed. Operations Aggregate: $2,000,000.00 Personal hijury $1,000,000.00 Each Occurrence $1,000,000.00 Property Damage liability insurance will provide Explosion, Collapse, And Underground coverages where applicable Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence $2,000,000.00 Page 4 of 8 K-21-00074 Each Aggregate $1,000,000.00 Worker's Compensation and Employer Liability: In form and quantities as required by State of Texas 5.2.1 Each policy obtained, with exception of the Worker's Compensation policy, shall name the CITY OF LA PORT as an additional insured, and shall contain waiver of subrogation in favor of CITY OF LA PORTE and also give a 30 day cancellation notice. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. 5.3 Licensee acla-iowledges that it is not an agent, servant, or employee of Licensor, and that it is responsible for its, own acts and deeds and for those of its agents, servants, or employees, to the extent provided by the Texas 'Forts Claims Act and provided the Legislature appropriates funds to satisfy any such claims. Any provision in this Agreement creating debt against Licensee is void. Further, in no way do the l'oregoing declarations waive Licensee's sovereign immunity. 6. Notices Any notice, consent, approval or other communication required or permitted by this Agreement (collectively, a "notice") shall be in writing and shall be deemed sufficiently given if delivered personally, sent by electronic mail, or sent by certified mail return receipt requested, postage prepaid to the address provided below for each party, or to any other address as either party may hereafter advise the other party in accordance with this paragraph. Any such notice shall be deemed to have been given on the third (3rd) consecutive business day after the date the same is deposited with the US Postal Service when sent by such certified mail, or as of the date received, if delivered other than such certified mail, To Licensor: City of La Porte, Texas ATTN: City Manager 604 W Fairmont Parkway LaPorte, Texas 77571 alexatidec(W i)laj)oi,tetx,—L2iy — �— 1(Lv With a copy to: To Licensee: City of LaPorte, Texas ATTN: City Attorney 604 W Fairmont Parkway La forte, Texas 77571 ctaskinsk�Abe,rtci ........... . .. .ft, Page 5 of 8 K-21-00074 thiiversity of Houston Division of Research - Office of Contracts & Grants ATTN: Director 4-302 University Dive E. Cullen Bldg, Room31 G Houston, "Texas 77204 brymer@uh.edu With a copy to: University of Houston College of Natural Sciences & Mathematics Department. of Earth & Atmospheric Sciences A'TTN : James Flynn, Research Assistant Professor Science & Research Building 1 3507 Cullen Blvd, Rin 312. Houston, Texas 77204-5007 ]Niywtm► rl t .x�trrl.11 lstt University of Houston System Office of the General Counsel 4302 University Drive E. Cullen Building, Room 31.1 Houston, Texas 77204-2028 N,cc(" s�tt;al.ult.e i u University of Houston System. Office of Real Estate Services 5000 Gulf Freeway, Building 1, Suite 110 Houston, Texas 77204-5025 sate. edq 7. Severability The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the Agreement will continue to be binding on all of the Parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. 8. Governing Law This Agreement is governed by the laws of Texas. This Agreement is enforceable only in the state district, courts of Harris County, 'Texas, and each Party hereto agrees to submit to the jurisdiction of such courts. Page 6 of 8 K-21-00074 9. Entim Agreement This Agreement constitutes the entire agreement of the Parties as to the suhject matter contained herein and may not be changed, niodified, discharged, or extended except by written instrunient duty signed by all of the Partics. [S[(,'N,4 TURE PA GE FOI L 0 TVV Page 7 of 8 K-21-00074 IN WITNESS WHEREOF, 11.,iceiisee atid Licemor have sigiied this Agreement oil tile dates set forth below, UNIVERSITY OF TIOUSTON cay OF LA PORTE, TEXAS By: By: Raymond rilett Corb Alexaii er 4C, y Senior Vice Chancellor Vice Presider it City Manager Adrilinistration & Finance Date: 2/5/2021 Date: 0) By: 2':� James FWl Principal Investigator Date: 2/5/2021 APPROVED AS TO FORM: Lindsay Calming Senior Assistant General Counsel Office of the General Counsel University of Houston System Page 8 of 8 APPROVED AS TO FORM: K-21-00074 11 M 7rdD20, 212:43 PM 14,614 — Base Map Layer - Streets . ® 0® 0 0.05 OJ 02 W Base Map Layer - City Urnits fwhbm AM TH—pha %bqAmm L A - 1 K-21-00074 EXHIBITB IMPROVEMENTS Licensee will construct or cause the construction of the following improvements on the Site which shall include, but are not be limited to: 12,000 square feet of large bull rock crushed concrete pad to create a dust -free surface, tO" above grade with appropriate drainage on and around the pad; Improvements to access road as needed with large bull rock crushed concrete to create a dust -free surface ; Provide 75kVA three-phase power at 480V with point of connection for equipment, shelters, grounding loop, and backup generator; and 0 Static IP internet service greater than 100 rnb/s. M E R S I i uou'Y'of . U N I V 111011111 0 U STO N SYS T E 1\4 0 10111 1 • r April 25, 2022 VIA ELECTRONIC MAIL TRANSMISSION and United States Postal Service City of LaPorte, Texas ATTN: Corby Alexander, City Manager 604 W. Fairmont Parkway La Porte, TX 77571 Re: Site Agreement ("Site Agreement") between the City of La Porte, Texas anti the University of Houston System, for and on behalf of the College of Natural Sciences and Mathematics, Department of Earth. and Atmospheric Sciences Dear Mr. Alexander: Pursuant to Section 3.1of the referenced Agreement, please accept this letter as Licensee's written notice to extend the Term for six months, beginnning on July 1, 2022, and ending on December 31, 2022. To indicate approval of this extension, please countersign and return a copy to our office for our records. Thank you. Sincerely, Jason Trippier Director, Office of Deal Estate Services Licensor: City q La Porte, Texas By: C6 Alexander Date: c: City of La forte, Texas c: Contrast Admin. — UHS OGC Attn: City Attorney 5000 Galt Freewoy, Build i�ig 1, Room 1'10 Houston, TX 77204,.. '302 5 N 71 -7 4 3-1 94 e F= 713-74 3-393 @ Fn u-es tiiii. du Form No: OGC-S-2010-08 Standard Amendment This amendment ("Amendment") is entered into between the University of Houston on behalf of its Department/College/Division/School of Dept of Earth and Atmospheric Sciences ("University") and City of La Forte, Texas ("Contractor"). University and Contractor may be referred to singularly as a "Marty" and collectively as the "Parties." This Amendment incorporates by reference and amends the Agreement entitled Site Agent for Atmospheric research " executed on February 5, 2021 (the "Agreement"). This Amendment changes the definition of the "Property" to also include 10 14 Bayshore Drive, La Porte, TX 7771. Item 2,6 shall be added to the Agreement: to allow Sandia National Labs to fly a tethered balloon and install multiple trailers at the 1010 Bayshore Drive location. At least one trailer will be occupied 24/7 for security of the balloon. To the extent the terms, provisions, covenants, or conditions in this Amendment are inconsistent with those in the Agreement, the terms, provisions, covenants, or conditions in this, Amendment shall control and be binding on the Parties upon full execution of this Amendment by the Parties authorized representatives, All other terms, provisions, covenants, and conditions in the Agreement shall remain in full force and effect and shall not be superseded by this Amendment. This Amendment, together with the Agreement, constitutes the entire agreement between the Parties with respect to the subject matter hereof. University of Houston Signatures Printed Name: .,.Raymond.,_ Bartlett 'title: Senior VC/SVP. Administration & Finance Date: Notan Modification. c "thins Form requires cipp omill of O C City of La Porte, Texas Signature: Printed Name: Corby_Ale adder Title: City Mana��er Date: Office of time General Counsel Standard Amendment oGC-S-2010-08 -... Devised 10.23.2017 Page 1 of 1 Sandia National �Pa c if i c �N o irt hweist ENERGY NNNON�d �ke,OIIAVW, laboones rat Triton Initiative's Mission: 1 o reduce IDarriers to rnaririe eriergy iristallPakiorr (firougli researcliirig erivirorimeril-al moriil-oririg I-ecliriologies and rnel-liodologics. Past Research: 1 ritori researclied erivirorimerital rnoriitoririg tecliriologies witli uriderwater cameras, acoustic cameras, lydrol,,)liories, and magrietorneters. Current Research Goal: 1 o uriderstarid liow ariirnals IDeliave arourid and iriteract witli rnaririe eriergy devices, 1 ritori liar IDeeri tasked to build ari autoriornous aerial detection and trackirig systern for lorig term del,,)loyrnerits. Sandia National Laboratories has deployed a tethered balloon system (TBS) in Guy, Texas, for over 200 hours during the summer of 2022 as part of DOE's Tracking Aerosol Convection Interactions Experiment (TRACER). During TRACER we began collaborating with UH for the TRITON project. • For TRITON, we request to deploy the balloon system for 7-9 days at Bayshore Park in November 2022. • The balloon system will deploy instrumentation to detect surrogate marine mammals towed behind a UH vessel. • The balloon will be secured under a net when not in use and deflated in advance of very high winds. • The system will be powered by two 7000 W gasoline generators. The generators operate at 52 to 58 dB(A), which is less noise than a normal conversation. • At least one Sandia staff member will always be onsite with the balloon in a camper to monitor the equipment and ensure safe operations. • A 30' long science camper trailer will also be deployed to serve as a flight command center and to house all of the equipment. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Teresa Evans Department: Planning and Development Report ir" Resolution i° Ordinance Exhibits: Ordinance 2022-3894 Amending Chapter 62 Draft- SHOWING CHANGES; Ordinance 2022-3894 Amending Chapter 62- CLEAN COPY Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY & RECOMMENDATION The City of La Porte's Right of Way (ROW) closure standards are governed by Chapter 62 of the Code of Ordinances. Currently, there is no requirement for an applicant requesting the closure of a street or alleyway to certify that they will pay for any required utility relocation before the application is considered administratively complete (and thus eligible to be forwarded to City Council). The closure procedures also do not include a role for the Planning and Zoning Commission to review and recommend a right of way closure. At the July 25, 2022 meeting, City Council authorized staff in two separate motions to return with an ordinance amending Chapter 62- Streets, Sidewalks and Other Public Places, of the City of La Porte Code of Ordinances, to "... have the applicant pay to relocate utilities", and "... that street and alley closures be considered by the Planning and Zoning Commission before coming to the City Council". Both motions were adopted, 9-0. Additionally, staff has included a number of clean up items as part of the overall amendments. Staff recommends City Council approve the proposed amendments to Chapter 62- Streets, Sidewalks and Other Public Places, by revising the right of way closure application standards and adding Planning and Zoning Commission review. ACTION REQUIRED BY CITY COUNCIL Adopt Ordinance 2022-3894, amending Chapter 62- Streets, Sidewalks and Other Public Places, of the Code of Ordinances of the City of La Porte. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO.2022-3894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 62, "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES", ARTICLE II "VACATING, ABANDONING AND CLOSING STREETS AND ALLEYS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY REVISING RIGHT-OF-WAY CLOSURE APPLICATION STANDARDS TO REQUIRE RELOCATION OF CITY UTILITIES AND ADDING PLANNING AND ZONING COMMISSION REVIEW; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-31 "Application -Generally", is hereby amended and shall hereinafter read as follows: Any adjacent property owner seeking the consent of the city council to vacate, abandon and close any street or alley, or portion of a street or alley, within the city limits, shall file a written application with the city secretary requesting that such street or alley, or portion of a street or alley, be vacated, abandoned and closed. Such street or alley, or portion of a street or alley, sought to be closed, shall be defined in the application. All persons owning any property adjacent to such street or alley, or portion of a street or alley, shall join in such application. In addition, such application shall include the following: (1) A statement by the applicant of the reason for the request (2) A plot plan, showing the street or alley sought to be vacated, abandoned and closed, or portion of a street or alley, by a licensed state public surveyor, drawn to a scale of not less than one -inch equals 50 feet, shall be attached to such application. The director of planning, or his designee, may waive this requirement where, in his sole determination, a recorded plat contains sufficient evidence to determine legal description and area of property sought to be vacated, abandoned and closed. (3) An opinion letter by a duly licensed state attorney that the applicant has good fee simple title to the property adjacent and contiguous to the street or alley, or portion of a street or alley, sought to be closed, shall be attached to such application. In addition, there shall be attached to such opinion letter, either original or photocopies of the recorded instrument vesting fee simple title in the applicant, and an original or photocopy of the owner's title policy issued by a reputable title insurance company doing business in the county, guaranteeing the title to the applicant's adjacent property. (4) A cashier's check payable to the city in payment of the application fee established by this article. 1 (5) A statement waiving any personal claims for damages against the city and further agreeing to save and hold harmless the city from any other claims that may arise against the city in vacating, abandoning and closing any street or alley or portion of a street or alley, under this article. (6) A statement by the applicant that the applicant agrees to pay for all expenses associated with the removal and/or relocation of city utilities and/or drainage infrastructure in the street or alley to be closed. kC} (7) A statement by the applicant that the application shall be considered withdrawn if all required actions under this article have not been completed within six months from date of written notification by city to applicant, that the application is administratively complete." Section 2: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-33 "Recommendations of city attorney and director of public works department", is hereby amended by and shall hereinafter read as follows: I'll I - I I - Upon the filing of an administratively complete application with supporting documents, as provided for in this article, the Gity GOGretary director of planning and development shall forthwith refer such application to the city attorney, city engineer, and the director of the public works department, each of whom shall examine such application and forthwith deliver his or her written recommendations concerning the legal, engineering, and operational aRGI @RgiY @@4P,iV aspects, respectively, of such application to the Planning and Zoning Commission and to the City Council. The city engineer of the nub works ,+®nnrtRAAA+ in making such recommendations, shall give due consideration to the present use or nonuse of the street or alley, or portion of the street or alley, sought to be closed; traffic patterns in the area; proximity of other alleys or streets, and major and minor thoroughfares in the area; and the effect of the proposed closing of such street or alley, or portion of the street or alley, on access by fire and other emergency vehicles, and other city service vehicles, to adjacent property and property in the surrounding area. In addition, the city engineer and director of the public works department shall give due consideration to the location of city Yn+®r nn,a 1681* r Iin®C utilities and drainage infrastructure, if any, in such street or alley, or portion of such street or alley, together with any plans by the city for future extension/rehabilitation of meter ^r segvi@r � utilities and drainage infrastructure within such street or alley, or portion of such street or alley. Section 3: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-35 "Final determination by city council; appraisal; conveyance; exemptions", is hereby amended and shall hereinafter read as follows: PlanningSec. 62-35. — Review and recommendation by .;. Zoning Commission; Final 2 (b) Upon G9MPIiaRG8 with all pFevisip—ps; A-f this artide receipt of the recommendation of t1l Planning and Zoning Commission, the city council shall make a final determination as to wheth'M or not an application filed under this article shall be granted or denied. I (1) Narrow strips of land, or land so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development control ordinances, in which event such land may be sold to the abutting property owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (2) Streets or alleys, whether owned in fee or used by easement, in which event such land or interest may be sold to the abutting owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (3) All types of easements where the abutting property owners also own the underlying fe(; simple title, in which event such land or interest may be sold to the abutting property owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (4) Any land or interest therein which was originally acquired for the purpose of streets, rights -of -way or easements, which the city chooses to trade or exchange as consideration for other land acquired for streets, rights -of -way or easements, including transactions which may be partly for cash and partly by trade or exchange; (5) Land owned by the city which it desires to have developed by contract with an independent foundation; or (6) Any interest in land that is conveyed by the city to a governmental entity having the power of eminent domain. (d)-kb�) Any conveyance, sale or trade made under the provisions of this article shall never be fis less than the fair market value of the land or interest being conveyed, or sold or traded, -M determined by an appraisal obtained by the city, which shall be conclusive of the fair market vall of such land or interest. In conducting such appraisal, the appraiser shall appraise the tract of la sought to be closed or conveyed as if it were an integral part of the adjoining or abutting tracts land, and as if the city owned such tract of land in fee. In all cases fair market value shall considered the 100% fee simple value as determined by such independent appraisal, whether t city owns the land in fee simple or has an interest in the tract of land, including a street, alley (e)(G) Governmental entities shall be exempted from the payment of fair market value to the city. (f)(eAThe fair market value received in the vacating' abandoning and dosing of the street' alley or easement, unless otherwise directed by the city council, shall be deposited by the city into the general capital improvement fund to be used for general capital improvements throughout the city." Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is 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 Chapter 551, Texas Local 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 ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the day of , 2022. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: F Clark T. Askins, Assistant City Attorney ORDINANCE NO.2022-3894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 62, "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES", ARTICLE II "VACATING, ABANDONING AND CLOSING STREETS AND ALLEYS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY REVISING RIGHT-OF-WAY CLOSURE APPLICATION STANDARDS TO REQUIRE RELOCATION OF CITY UTILITIES AND ADDING PLANNING AND ZONING COMMISSION REVIEW; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-31 "Application -Generally", is hereby amended and shall hereinafter read as follows: Any adjacent property owner seeking the consent of the city council to vacate, abandon and close any street or alley, or portion of a street or alley, within the city limits, shall file a written application with the city secretary requesting that such street or alley, or portion of a street or alley, be vacated, abandoned and closed. Such street or alley, or portion of a street or alley, sought to be closed, shall be defined in the application. All persons owning any property adjacent to such street or alley, or portion of a street or alley, shall join in such application. In addition, such application shall include the following: (1) A statement by the applicant of the reason for the request (2) A plot plan, showing the street or alley sought to be vacated, abandoned and closed, or portion of a street or alley, by a licensed state public surveyor, drawn to a scale of not less than one -inch equals 50 feet, shall be attached to such application. The director of planning, or his designee, may waive this requirement where, in his sole determination, a recorded plat contains sufficient evidence to determine legal description and area of property sought to be vacated, abandoned and closed. (3) An opinion letter by a duly licensed state attorney that the applicant has good fee simple title to the property adjacent and contiguous to the street or alley, or portion of a street or alley, sought to be closed, shall be attached to such application. In addition, there shall be attached to such opinion letter, either original or photocopies of the recorded instrument vesting fee simple title in the applicant, and an original or photocopy of the owner's title policy issued by a reputable title insurance company doing business in the county, guaranteeing the title to the applicant's adjacent property. (4) A cashier's check payable to the city in payment of the application fee established by this article. 1 (5) A statement waiving any personal claims for damages against the city and further agreeing to save and hold harmless the city from any other claims that may arise against the city in vacating, abandoning and closing any street or alley or portion of a street or alley, under this article. (6) A statement by the applicant that the applicant agrees to pay for all expenses associated with the removal and/or relocation of city utilities and/or drainage infrastructure in the street or alley to be closed. (7) A statement by the applicant that the application shall be considered withdrawn if all required actions under this article have not been completed within six months from date of written notification by city to applicant, that the application is administratively complete." Section 2: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-33 "Recommendations of city attorney and director of public works department", is hereby amended by and shall hereinafter read as follows: Upon the filing of an administratively complete application with supporting documents, as provided for in this article, the director of planning and development shall forthwith refer such application to the city attorney, city engineer, and the director of the public works department, each of whom shall examine such application and forthwith deliver his or her written recommendations concerning the legal, engineering, and operational aspects, respectively, of such application to the Planning and Zoning Commission and to the City Council. The city engineer in making such recommendations, shall give due consideration to the present use or nonuse of the street or alley, or portion of the street or alley, sought to be closed; traffic patterns in the area; proximity of other alleys or streets, and major and minor thoroughfares in the area; and the effect of the proposed closing of such street or alley, or portion of the street or alley, on access by fire and other emergency vehicles, and other city service vehicles, to adjacent property and property in the surrounding area. In addition, the city engineer and director of the public works department shall give due consideration to the location of city utilities and drainage infrastructure, if any, in such street or alley, or portion of such street or alley, together with any plans by the city for future extension/rehabilitation of utilities and drainage infrastructure within such street or alley, or portion of such street or alley." Section 3: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-35 "Final determination by city council; appraisal; conveyance; exemptions", is hereby amended and shall hereinafter read as follows: - - . 1 . - . H H - 2 (b) Upon receipt of the recommendation of the Planning and Zoning Commission, the city council shall make a final determination as to whether or not an application filed under this article shall b(; granted or denied. (1) Narrow strips of land, or land so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development control ordinances, in which event such land may be sold to the abutting property owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (2) Streets or alleys, whether owned in fee or used by easement, in which event such land or interest may be sold to the abutting owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (3) All types of easements where the abutting property owners also own the underlying fe(; simple title, in which event such land or interest may be sold to the abutting property owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (4) Any land or interest therein which was originally acquired for the purpose of streets, rights -of -way or easements, which the city chooses to trade or exchange as consideration for other land acquired for streets, rights -of -way or easements, including transactions which may be partly for cash and partly by trade or exchange; (5) Land owned by the city which it desires to have developed by contract with an independent foundation; or (6) Any interest in land that is conveyed by the city to a governmental entity having the power of eminent domain. (e) Governmental entities shall be exempted from the payment of fair market value to the city. MlThe fair market value received in the vacating, abandoning and dosing of the street' alley or easement, unless otherwise directed by the city council, shall be deposited by the city into the general capital improvement fund to be used for general capital improvements throughout the city." 3 Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is 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 Chapter 551, Texas Local 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 ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the day of , 2022. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: F Clark T. Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Matt Daeumer, Asst. City Mgr. Department: Administration/CMO Report ir" Resolution ir" Ordinance Exhibits: Sales Contract, Ordinance 2022-3895 Minutes from June 27. 2022 Meetina Appropriation Source of Funds: Various Account Number: N/A Amount Budgeted: N/A Amount Requested: $20,000.00 Budgeted Item: i; Yes ir No SUMMARY & RECOMMENDATION At the August 22, 2022 Council meeting, staff received direction to negotiate a contract to purchase a parcel of land located at 0 N. 2nd Street, legally described as Lot 9, Block 59, Town of La Porte. Subsequent to that meeting, the City and the owner of the property agreed to terms and a sales contract was drafted for a purchase price of $20,000, with the seller paying closing cost. This property's proposed use is for a parking lot for the Historic Main Street District. Staff recommends approval of the purchase of 0 N. 2nd Street. ACTION REQUIRED BY CITY COUNCIL Adopt Ordinance 2022-3895 for the purchase of real property located at 0 N. 2" d Street, legally described as Lot 9, Block 59, Town of La Porte, for an amount not to exceed $20,000 and authorize the City Manager to execute any and all documents associated with this purchase. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-08-2021 UNIMPROVED PROPERTY CONTRACT 112r TFMC NOTICE: Not For Use For Condominium Transactions EQUAL ROUSING OPPORTUNITY 1. PARTIES: The parties to this contract are Marion S. Campise and Vicki Campise (Seller) and City of LaPorte, Texas (Buyer). Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below. 2. PROPERTY: Lot 9 , Block 59 , Town of La Porte Addition, City of La Porte , County of Texas , Texas, known as 0 North 2nd Street (address/zip code), or as described on attached exhibit together with all rights, privileges and appurtenances pertaining thereto, including but not limited to: water rights, claims, permits, strips and gores, easements, and cooperative or association memberships (Property). RESERVATIONS: Any reservation for oil, gas, or other minerals, water, timber, or other interests is made in accordance with an attached addendum. 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing .............................$ 20,000.00 B. Sum of all financing described in the attached: ❑ Third Party Financing Addendum, ❑ Loan Assumption Addendum, ❑ Seller Financing Addendum .............$ C. Sales Price (Sum of A and B).................................................................$ 20,000.00 4. LEASES: A. Except as disclosed in this contract, Seller is not aware of any leases affecting the Property. After the Effective Date, Seller may not, without Buyer's written consent, create a new lease, amend any existing lease, or convey any interest in the Property. B. NATURAL RESOURCE LEASES: "Natural Resource Lease" means an existing oil and gas, mineral, water, wind, or other natural resource lease affecting the Property to which Seller is a party. Seller ❑ is ® is not a party to a Natural Resource Lease. If Seller is a party to a Natural Resource Lease, check one of the following: ❑ (1) Seller has delivered to Buyer a copy of all the Natural Resource Leases. ❑ (2) Seller has not delivered to Buyer a copy of all the Natural Resource Leases. Seller shall provide to Buyer a copy of all the Natural Resource Leases within 3 days after the Effective Date. Buyer may terminate the contract within days after the date the Buyer receives all the Natural Resource Leases and the earnest money shall be refunded to Buyer. S. EARNEST MONEY AND TERMINATION OPTION: A. DELIVERY OF EARNEST MONEY AND OPTION FEE: Within 3 days after the Effective Date, Buyer must deliver to SOUTHLAND TITLE COMPANY , as escrow agent, at 7730 SPENCER HWY. #200, PASADENA, TEXAS 77505 (address): $ 100.00 as earnest money and $ 50.00 as the Option Fee. The earnest money and Option Fee shall be made payable to escrow agent and may be paid separately or combined in a single payment. (1) Buyer shall deliver additional earnest money of $ to escrow agent within days after the Effective Date of this contract. (2) If the last day to deliver the earnest money, Option Fee, or the additional earnest money falls on a Saturday, Sunday, or legal holiday, the time to deliver the earnest money, Option Fee, or the additional earnest money, as applicable, is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. (3) The amount(s) escrow agent receives under this paragraph shall be applied first to the Option Fee, then to the earnest money, and then to the additional earnest money. (4) Buyer authorizes escrow agent to release and deliver the Option Fee to Seller at any time without further notice to or consent from Buyer, and releases escrow agent from liability for delivery of the Option Fee to Seller. The Option Fee will be credited to the Sales Price at closing. B. TERMINATION OPTION: For nominal consideration, the receipt of which Seller acknowledges, and Buyer's agreement to pay the Option Fee within the time required, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller within 90 days after the Effective Date of this contract (Option Period). Notices under this paragraph must be given by 5:00 p.m. (local time where the Property is located) by the date specified. If Buyer gives notice of termination within the time prescribed: (i) the Option Fee will not be refunded and escrow agent shall release any Option Fee remaining with escrow agent to Seller; and (ii) any earnest money will be refunded to Buyer. Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning 0 North 2nd Street (Address of Property) Page 2 of 10 11-08-2021 C. FAILURE TO TIMELY DELIVER EARNEST MONEY: If Buyer fails to deliver the earnest money within the time required, Seller may terminate this contract or exercise Seller's remedies under Paragraph 15, or both, by providing notice to Buyer before Buyer delivers the earnest money. D. FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the Option Fee or if Buyer fails to deliver the Option Fee within the time required, Buyer shall not have the unrestricted right to terminate this contract under this Paragraph 5. E. TIME: Time is of the essence for this paragraph and strict compliance with the time for performance is required. 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish to Buyer at @Seller's ❑Buyer's expense an owner's policy of title insurance (Title Policy) Issued by Southland Title Company (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 3. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements: ❑ (i) will not be amended or deleted from the title policy; or @ (ii) will be amended to read, "shortages in area" at the expense of ❑ Buyer @ Seller. (9) The exception or exclusion regarding minerals approved by the Texas Department of Insurance. B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Seller authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or 3 days before the Closing Date, whichever is earlier. If the Commitment and Exception Documents are not delivered within the time required, Buyer may terminate this contract and the earnest money will be refunded to Buyer. C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyer's lender(s). (Check one box only) ® (1) Within 30 days after the Effective Date of this contract, Seller shall furnish to Buyer and Title Company Seller's existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails to furnish the existing survey or affidavit within the time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to Closing Date. If the existing survey or affidavit is not acceptable to Title Company or Buyer's lender(s), Buyer shall obtain a new survey at @ Seller's LJ Buyer's expense no later than 3 days prior to Closing Date. ❑ (2) Within days after the Effective Date of this contract, Buyer shall obtain a new survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or the date specified in this paragraph, whichever is earlier. ❑ (3) Within days after the Effective Date of this contract, Seller, at Seller's expense shall furnish a new survey to Buyer. D. OBJECTIONS: Buyer may object in writing to (i) defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; or disclosed in the Commitment other than items 6A(1) through (9) above; (ii) any portion of the Property lying in a special flood hazard area (Zone V or A) as shown on the current Federal Emergency Management Agency map; or (iii) any exceptions which prohibit the following use or activity: Buyer must object the earlier of (i) the Closing Date or (ii) 90 days after Buyer receives the Commitment, Exception Documents, and the survey. Buyer's failure to object within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any expense, Seller shall cure any timely objections of Buyer or any third party lender within 15 days after Seller receives the objections (Cure Period) and the Closing Date will be extended as necessary. If objections are not cured within the Cure Period, Buyer may, by delivering notice to Seller within 5 days after the end of the Cure Period: (i) terminate this contract and the earnest money will be refunded to Buyer; or (ii) waive the objections. If Buyer does not terminate Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning 0 North 2nd Street (Address of Property) Page 3 of 10 11-08-2021 within the time required, Buyer shall be deemed to have waived the objections. If the Commitment or Survey is revised or any new Exception Document(s) is delivered, Buyer may object to any new matter revealed in the revised Commitment or Survey or new Exception Document(s) within the same time stated in this paragraph to make objections beginning when the revised Commitment, Survey, or Exception Document(s) is delivered to Buyer. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. (2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property ❑is ®is not subject to mandatory membership in a property owners association(s). If the Property is subject to mandatory membership in a property owners association(s), Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community identified in Paragraph 2 in which the Property is located, you are obligated to be a member of the property owners association(s). Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instruments may be obtained from the county clerk. Section 207.003, Property Code, entitles an owner to receive copies of any document that governs the establishment, maintenance, or operation of a subdivision, including, but not limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a property owners' association. A resale certificate contains information including, but not limited to, statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners' association is a party, other than lawsuits relating to unpaid ad valorem taxes of an individual member of the association. These documents must be made available to you by the property owners' association or the association's agent on your request. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners Association should be used. (3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under §5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. (6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in Paragraph 2 or at closing of purchase of the real property. (7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, Seller must give Buyer written notice as required by §5.014, Property Code. An addendum containing the required notice shall be attached to this contract. Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning 0 North 2nd Street (Address of Property) Page 4 of 10 11-08-2021 (8) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property ❑ is 0 is not located in a Texas Agricultural Development District. For additional information, contact the Texas Department of Agriculture. (9) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, 5.205, Property Code requires Seller to notify Buyer as follows: The private transfer fee obligation mayy be ggoverned by Chappter 5 Subchapter G of the Texas Property Code. (10)PROPANE GAS SYSTEM SERVICE AREA: If the Property is located in a propane gas system service area owned by a distribution system retailer, Seller must give Buyer written notice as required by §141.010 Texas Utilities Code. An addendum containing the notice approved by TREC or required by t(1e parties should be used. (11)NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 7. PROPERTY CONDITION: A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to the Property at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall keep the utilities on during the time this contract is in effect. NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs. B. ACCEPTANCE OF PROPERTY CONDITION: "As Is" means the present condition of the Property with any and all defects and without warranty except for the warranties of title and the warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph 7B (1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from negotiating repairs or treatments in a subsequent amendment, or from terminating this contract during the Option Period, if any. Check one box only) ® 1) Buyer accepts the Property As Is. ❑ (2) Buyer accepts the Property As Is provided Seller, at Seller's expense, shall complete the following specific repairs and treatments: (Do not insert general phrases, such as "subject to inspections" that do not identify specific repairs and treatments.) C. COMPLETION OF REPAIRS: Unless otherwise agreed in writing: (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date; and (ii) all' required permits must be obtained, and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or, if no license is required by law, are commercially engaged in the trade of providing such repairs or treatments. At Buyer's election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days, if necessary, for Seller to complete repairs and treatments. D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. E. SELLER'S DISCLOSURES: Except as otherwise disclosed in this contract, Seller has no knowledge of the following: (1) any flooding of the Property which has had a material adverse effect on the use of the Property, (2) any pending or threatened litigation, condemnation, or special assessment affecting the Property; 3 any environmental hazards that materially and adversely affect the Property; 4 any dumpsite, landfill, or underground tanks or containers now or previously located on the Property; (5) any wetlands, as defined by federal or state law or regulation, affecting the Property; or (6) any threatened or endangered species or their habitat affecting the Property. 8. BROKERS AND SALES AGENTS: A. BROKER OR SALES AGENT DISCLOSURE: Texas law requires a real estate broker or sales agent who is a party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the broker or sales agent owns more than 10%, or a trust for which the broker or sales agent acts as a trustee or of which the broker or sales agent or the broker or sales Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning 0 North 2nd Street (Address of Property) Page 5 of 10 11-08-2021 10. 11 12. 13. agent's spouse, parent or child is a beneficiary, to notify the other party in writing before entering into a contract of sale. Disclose if applicable: B. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. CLOSING: A. The closing of the sale will be on or before December 30' 2022 , or within 7 days after objections made under Paragraph 6D have been cured or waived, whichever date is later (Closing Date). If either party fails to close the sale by the Closing Date, the non -defaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. 2 Buyer shall pay the Sales Price in good funds acceptable to the escrow agent. 3 Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents reasonably required for the closing of the sale and the issuance of the Title Policy. (4) There will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing the payment of any loans assumed by Buyer and assumed loans will not be in default. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition upon closing and funding. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum or other form has been promulgated by TREC for mandatory use.) 1) Seller will pay all closing costs, including but not limited to cost of title policy and survey. 2) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS AGREEMENT, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SEC. 271.403 UNDER THIS CONTRACT i) THE CITY OF LA PORTE'S GOVERNING BODY RETAINS THE CONTINUING RIGHT TO TERMINATE AT THE EXPIRATION OF EACH BUDGET PERIOD; AND, ii) IS CONDITIONED ON THE BEST EFFORTS ATTEMPT BY LA PORTE'S GOVERNING BODY TO OBTAIN AND APPROPRIATE FUNDS FOR PAYMENT OF THE PURCHASE PRICE. 3) Purchase of property by Buyer is conditioned on approval of funding through project of the La Porte Development Corp. p SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $ to be applied in the following order: Buyer's Expenses which Buyer is pro i ite rom paying by FHA, VA, Texas Veterans Land Board or other governmental loan programs, and then to other Buyer's Expenses as allowed by the lender. (2) Expenses payable by Buyer (Buyer's Expenses): Appraisal fees; loan application fees; origination charges; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; loan title policy with endorsements required by lender; loan -related inspection fees; photos; amortization schedules; one-half of escrow fee; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee; repair inspection; underwriting fee; wire transfer fee; expenses incident to any loan; Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender; and other expenses payable by Buyer under this contract. B. If any exse exceeds an amount expressly stated in this contract for such expense to be paid bypen a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veterans Land Board or other governmental loan program regulations. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. The tax proration may be calculated taking into consideration any change in exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes, penalties or interest Assessments) for periods prior to closing, the Assessments will be the obligation of Buyer. f Assessments are imposed because of Seller's use or change in use of the Property prior to closing, the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will survive closing. Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning 0 North 2nd Street Page 6 of 10 11-08-2021 (Address of Property) 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the Effective Date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of insurance proceeds, if permitted by Seller's insurance carrier, and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller under this contract. IS. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default and Seller may a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b� terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If Seller fails to comply with this contract, Seller will be in default and Buyer may (a enforce specific performance, seek such other relief as may be provided by law, or both, or b) terminate this contract and receive the earnest money, thereby releasing both parties from this contract. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding. 18. ESCROW: A. ESCROW: The escrow agent is not i) a party to this contract and does not have liability for the performance or nonperformance Or any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss of any earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. Escrow agent may require any disbursement made in connection with this contract to be conditioned on escrow agent's collection of good funds acceptable to escrow agent. B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may: (i) require a written release of liability of the escrow agent from all parties; and- (ii) require payment of unpaid expenses incurred on behalf of a party. Escrow agent may deduct authorized expenses from the earnest money payable to a party. "Authorized expenses" means expenses incurred by escrow agent on behalf of the party entitled to the earnest money that were authorized by this contract or that party. C. DEMAND: Upon termination of this contract, either party release of earnest money to each party and the parties release and deliver same to the escrow agent. If either part party may make a written demand to the escrow agent for t makes written demand for the earnest money, escrow age the demand to the other party. If escrow agent does n( demand from the other party within 15 days, escrow agent the party making demand reduced by the amount of unpaid party receiving the earnest money and escrow agent may escrow agent complies with the provisions of this paragraph agent from all adverse claims related to the disbursal of the D. DAMAGES: Any party who wrongfully fails or refuses to sigr agent within 7 days of receipt of the request will be liable to (ii) the earnest money; (iii) reasonable attorney's fees; and E. NOTICES: Escrow agent's notices will be effective when sei Notice of objection to the demand will be deemed effective L or the escrow agent may send a shall execute counterparts of the 1 fails to execute the release, either ie earnest money. If only one party it shall promptly provide a copy of )t receive written objection to the may disburse the earnest money to expenses incurred on behalf of the pay the same to the creditors. If each party hereby releases escrow earnest money. a release acceptable to the escrow the other party for (i) damages; (iv) all costs of suit. it in compliance with Paragraph 21. pon receipt by escrow agent. 19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in default. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by Internal Revenue Code and its regulations, or if Seller fails to deliver an affidavit or a certificate of non - foreign status to Buyer that Seller is not a "foreign person " then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning 0 North 2nd Street (Address of Property) Page 7 of 10 11-08-2021 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand -delivered at, or transmitted by fax or electronic transmission as follows: To Buyer at: Corby Alexander, City Manager 604 W. Fairmont Pkwy, La Porte TX 77571 Phone: ( 281 ) 471-5020 E-mail/Fax: alexanderc@laportetx.gov E-mail/Fax: To Seller at: Phone E-mail/Fax: E-mail/Fax: 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (check all applicable boxes): ❑ Third Parry Financing Addendum ❑ Addendum for Coastal Area Property ❑ Seller Financing Addendum ❑ Environmental Assessment, Threatened or ❑ Addendum for Property Subject to Mandatory Membership in a Property Owners Association ❑ Buyer's Temporary Residential Lease ❑ Seller's Temporary Residential Lease ❑ Addendum for Reservation of Oil, Gas and Other Minerals ❑ Addendum for "Back -Up" Contract ❑ Addendum Concerning Right to Endangered Species and Wetlands Addendum ❑ Addendum for Property Located Seaward of the Gulf Intracoastal Waterway ❑ Addendum for Sale of Other Property by Buyer ❑ Addendum for Property in a Propane Gas System Service Area ❑ Other (list): Terminate Due to Lenders Appraisal ❑ Addendum containing Notice of Obligation to Pay Improvement District Assessment 23. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate license holders from giving legal advice. READ THIS CONTRACT CAREFULLY. Buyer's Seller's Attorney is: ClarkAskins Attorney is: Phone: (281 )471-1886 Phone Fax: (281 )471-2047 Fax: E-mail: clark@askinslaw.com E-mail: Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning 0 North 2nd Street (Address of Property) Page 8 of 10 11-08-2021 EXECUTED the day of SEPTEMBER . 2022 (Effective Date). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) Buyer uyer Seller er The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate license holders. No representation is made as to the legal TRECvalidity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3000 .E.A - -Al.<... (http://www.trec.texas.gov) TREC NO. 9-15. This form replaces TREC NO. 9-14. TREC NO. 9-15 Contract Concerning 0 North 2nd Street Page 9 of 10 11-08-2021 (Address of Property) BROKER INFORMATION (Print name(s) only. Do not sign) Other Broker Firm License No. Listing Broker Firm License No. represents ❑Buyer only as Buyer's agent ❑Seller as Listing Broker's subagent Associate's Name License No represents ❑Seller and Buyer as an intermediary ❑Seller only as Seller's agent Listing Associate's Name License No. Team Name Team Name Associate's Email Address Phone Listing Associate's Email Address Phone Licensed Supervisor of Associate License No. Licensed Supervisor of Listing Associate License No. Other Broker's Address Phone Listing Broker's Office Address Phone City State Zip City State Zip Selling Associate's Name License No. ream Name Selling Associate's Email Address Phone Licensed Supervisor of Selling Associate License No. Selling Associate's Office Address City State Zip Disclosure: Pursuant to a previous, separate agreement (such as a MLS offer of compensation or other agreement between brokers), Listing Broker has agreed to pay Other Broker a fee ( ). This disclosure is for informational purposes and does not change the previous agreement between brokers to pay or share a commission. TREC NO. 9-15 Contract Concerning 0 North 2nd Street (Address of Property) Page 10 of 10 11-08-2021 OPTION FEE RECEIPT Receipt of $ (Option Fee) in the form of is acknowledged. Escrow Agent Date EARNEST MONEY RECEIPT Receipt of $ Earnest Money in the form of is acknowledged. Escrow Agent Received by Email Address Date/Time Address Phone City State Zip Fax CONTRACT RECEIPT Receipt of the Contract is acknowledged. Escrow Agent Received by Email Address Date Address Phone City State Zip Fax ADDITIONAL EARNEST MONEY RECEIPT Receipt of $ additional Earnest Money in the form of is acknowledged. Escrow Agent Received by Email Address Date/Time Address Phone City State Zip Fax TREC NO. 9-15 ORDINANCE 2022-3895 AN ORDINANCE OF THE CITY OF THE LA PORTE, TEXAS, APPROVING THE PURCHASE OF A PARCEL OF LAND LOCATED ON 2ND STREET AND LEGALLY DESCRIBED AS LOT 9, IN BLOCK 59, TOWN OF LA PORTE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN EARNEST MONEY CONTRACT AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE ACQUISITION OF SAID PROPERTY; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Marry Campise and Vicki Campise own a parcel of land on 2nd Street and legally described as Lot 9, in Block 59, Town of LaPorte, an addition in Harris County, Texas, according the map or plat thereof recorded in Volume 67, Page 196, of the Deed Records of Harris County, Texas, (the "Property" herein); and WHEREAS, the City of La Porte desires to enter into an Earnest Money Real Estate Sales Contract for the purchase of the Property pursuant to the terms and conditions as set forth in the said Earnest Money Real Estate Sale Contract, which is attached hereto as Exhibit A, and incorporated herein at length for all purposes (the "Sales Contract" herein); and WHEREAS, the purchase of the Property is conditioned upon those terms and conditions as provided in the Sales Contract attached hereto; and WHEREAS, this City Council has determined that the cash consideration as provided in the said Sales Contract is the fair market value of Property being purchased by the City of LaPorte; and WHEREAS, the City of La Porte will use and develop the property in a manner that primarily promotes public purposes of the City of LaPorte. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this ordinance are true and correct. Section 2. That the City Council of the City of La Porte does hereby approve the Earnest Money Real Estate Sales Contract between Marry Campise and Vicki Campise as Sellers and the City of La Porte as Buyer on those terms and conditions as expressed therein and attached hereto as Exhibit "A". Section 3. That the City Manager of the City of La Porte, Texas, is hereby authorized and directed to execute on behalf of the City of La Porte, Texas, the Sales Contract, and is further authorized and directed to execute all other documents and to take all other actions reasonably necessary or convenient to accomplish the acquisition of the Property Section 4. The City Council of the City of La Porte authorizes payment of the purchase price, as well as any costs or fees attributable to the City in accordance with the terms and conditions of the Sales Contract. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is 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 Chapter 551, Tx. Gov't 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 ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of 2022 CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CHUCK ENGELKEN Mayor Pro Tem Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 22, 2022 BILL BENTLEY Councilperson District 3 RICK HELTON Councilperson District JAY MARTIN Councilperson District 5 ROBBIE McLARRIN Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, August 22, 2022, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., 2022, with the following in attendance: Councilpersons present: Louis Rigby, Brandon Lunsford, Brent McCaulley, Mandi Williams, Chuck Engelken, Bill Bentley, Rick Helton, Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Sharon Harris, Deputy City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION — The invocation was given by Pastor Phillip Dunn, Lighthouse Baptist Church, and pledges were led by Councilperson Mandi Williams. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a. Recognition of City employees for years of service. [Louis R. Rigby, Mayor] b. Employee of the Quarter - Victor Delgado Martinez, Solid Waste Worker[Louis R. Rigby, Mayor] 4. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) Robin Dobbins spoke with concerns of the type of equipment at the La Porte Fitness Center. Robert Guerra spoke with concerns of the type of equipment at the La Porte Fitness Center. Richard Anderson spoke in support of the International Code editions. John Mata spoke in support of the Uniform Plumbing and Mechanical Code editions. Charles Montgomery spoke in support of the Uniform Plumbing and Mechanical Code editions. John Guyon spoke in support of the Uniform Plumbing and Mechanical Code editions. Paul Puente spoke in support of the Uniform Plumbing and Mechanical Code editions. Todd locco spoke in support of the Uniform Plumbing and Mechanical Code editions. Richard Lord spoke in support of the Uniform Plumbing and Mechanical Code editions. Wayne Lord spoke in support of the Uniform Plumbing and Mechanical Code editions. Joshua Hollub spoke in support of the Uniform Plumbing and Mechanical Code editions. Phillip Hoot spoke with concerns of the increase of property taxes. Paul Larson spoke in support of the International Code editions. Julia Meadows also spoke with concerns of the type of equipment at the La Porte Fitness Center Page 1 of 4 August 22, 2022, Council Meeting Minutes 5. CONSIDERATION OF COUNCILPERSON ABSENCES a. Presentation, discussion, and possible action to consider excusing the absence of Councilperson Bill Bentley from the August 8, 2022, City Council meeting, in accordance with the City Council Attendance Policy. [Louis R. Rigby, Mayor] Mayor Pro Tern Engelken moved to excuse the absence of Councilperson Bill Bentley from the August 8, 2022, City Council meeting; the motion was seconded by Member Lunsford; the motion was adopted, 9-0. 6. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a. Approve the minutes of the August 8, 2022, regular City Council meeting. [Louis R. Rigby, Mayor] b. Authorize the City Manager to execute a 1-year agreement between the City of La Porte and the La Porte Police Officers Association, with two 1-year renewal options, for security services at La Porte Parks and Recreation Department rental facilities. [Tim Miller, Director of Parks and Recreation Department] c. Authorize the City Manager to execute an Interlocal Agreement with Harris County Department of Education to utilize cooperative purchasing contracts through Choice Partners. [Cherell Daeumer, Purchasing Manager] d. Adopt Resolution 2022-16 designating authorized signatories for contractual documents and documents requesting funds pertaining to the U.S. Department of Housing and Urban Development's Community Development Block Grant Mitigation program. [Ray Mayo, Director of Public Works] e. Adopt Resolution 2022-17 approving adoption of the Public Agencies Post -Retirement Health Care Plan Trust Administered by Public Agency Retirement Services (PARS) [Michael Dolby, Finance Director] f. Receive report from tax assessor regarding the anticipated combined 2022 Ad Valorem collection rate for the City of La Porte [Michael Dolby, Finance Director] g. Authorize the City Manager to execute a three- (3-) year agreement with AT&T under DIR- TELE-CTSA-002 for Hosted Voice Phone System with an annual cost not to exceed $80,267.88 and approve the expenditure of $122,398.25 to complete the outstanding balance of the original agreement with AT&T. [Grady Parker, IT Manager] Mayor Pro Tern Engelken moved to approve the consent agenda; the motion was seconded Councilperson Bentley; the motion was adopted, 9-0. 7. STATUTORY AGENDA a. Presentation, discussion, and possible action regarding the City of La Porte's adoption of the 2018 International Code Council (ICC) editions and the 2020 National Electric Code with local amendments. [Louis R. Rigby, Mayor] Councilperson Helton moved to reaffirm the City's adoption of the 2018 International Code editions and the 2020 National Electric Code with local amendments; the motion was seconded by Councilperson Lunsford; the motion was adopted 6-3. Councilpersons Bentley. Williams and Mayor Rigby voting against. b. Presentation, discussion, and possible action to consider appointments and reappointments to City boards, committees, and commissions (annual item). [Lee Woodward, City Secretary] Mayor Pro Tern Engelken moved to ratify the City Manager's appointment of Tendai Lynch and reappointment of Victor Peres to the Civil Service Commission both for 3-year terms; the motion was seconded by Councilperson Bentley; the motion was adopted 9-0. Page 2 of 4 August 22, 2022, Council Meeting Minutes Mayor Pro Tem Engelken moved to appoint Councilperson Lunsford to the regular position and Councilperson Helton to the alternate position of the Fiscal Affairs Committee; the motion was seconded by Councilperson Bentley; the motion was adopted 9-0. Councilperson Martin moved to appoint Victor Peres to District 5 of the Planning and Zoning Commission for a 3-year term; the motion was seconded by Councilperson Williams; the motion was adopted 9-0. 8. REPORTS a. Present 3rd Quarter CIP Reports to City Council. [Matt Daeumer, Assistant City Manager] The report was received. b. Receive report of the La Porte Development Corporation Board of Directors meeting [Councilperson Chuck Engelken] Mayor Pro Tem Engelken reported Board authorized an improvements project and incentive agreement at 508 West Main Street and approved the LPDC proposed 2022-23 Fiscal Year budget. 9. ADMINISTRATIVE REPORTS • Drainage and Flooding Committee, September 12 • City Council, September 12 • City Council, September 26 • Planning and Zoning Commission, September 15 Mr. Alexander, City Manager, advised Council that a survey had been placed at their seats for feedback and options for the New City Hall and that he would address the concerns of equipment at the La Porte fitness center. 10. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. Councilpersons congratulated employees recognized for longevity, Victor Martinez as the Employee of the Quarter and agreed that concerns need to be addressed regarding the equipment at the fitness center. 11. EXECUTIVE SESSION a. Texas Government Code Section 551.072 - Deliberation regarding the purchase, exchange, lease, or value of real property. The City Council will meet in closed session with the City Manager and Assistant City Attorney to discuss the potential purchase of real property located in the City of La Porte. The Council adjourned into executive session at 7:32 p.m. 12. RECONVENE into open session and consider action, if any, on item(s) discussed in executive session. The Council reconvened in open session at 7:55 p.m. Mayor Pro-Tem Engelken moved to authorize the City Manager to move forward with the purchase of property for $20.000.00; the motion was seconded by Councilperson Bentlev: the motion was adopted. 9-0. The Mayor announced the Council had directed the City Manager to continue negotiations on another piece of property and place the item on a future agenda. Page 3 of 4 August 22, 2022, Council Meeting Minutes ADJOURN —Without objection, the meeting was adjourned at 7:56 p.m. Lee Woodward, City Secretary Page 4 of 4 August 22, 2022, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Matt Daeumer, Asst. City Mgr. Department: Administration/CMO Report i'""" Resolution ir" Ordinance Exhibits: Sales Contract, Ordinance 2022-3896 Minutes from June 27. 2022 Meetina Appropriation Source of Funds: Various Account Number: N/A Amount Budgeted: N/A Amount Requested: $300,000.00 Budgeted Item: Yes ir' No SUMMARY & RECOMMENDATION At the June 27, 2022 Council meeting, staff received direction to negotiate a contract to purchase a parcel of land adjacent to the Bay Forest Golf Course, legally described as all of Block 1254, Town of La Porte. Subsequent to that meeting, the City and the owner of the property agreed to terms and a sales contract was drafted for a purchase price of $300,000. Staff recommends approval of the purchase of a parcel of land adjacent to the Bay Forest Golf Course, legally described as all of Block 1254, Town of La Porte ACTION REQUIRED BY CITY COUNCIL Adopt Ordinance 2022-3896 for the purchase of real property located adjacent to the Bay Forest Golf Course, legally described as all of Block 1254, Town of La Porte, for an amount not to exceed $300,000 and authorize the City Manager to execute any and all documents associated with this purchase. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) TREC TEXAS REAL ESTATE COMMISSION ENVIRONMENTAL ASSESSMENT, THREATENED OR ENDANGERED SPECIES, AND WETLANDS ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT BLOCK 1254, TOWN OF LA PORTE (Address of Property) 12-05-11 112t EQUALHOUSING OPPORTUNITY A. ENVIRONMENTAL ASSESSMENT: Buyer, at Buyer's expense, may obtain an environmental assessment report prepared by an environmental specialist. ❑ B.THREATENED OR ENDANGERED SPECIES: Buyer, at Buyer's expense, may obtain a report from a natural resources professional to determine if there are any threatened or endangered species or their habitats as defined by the Texas Parks and Wildlife Department or the U.S. Fish and Wildlife Service. 66 C. WETLANDS: Buyer, at Buyer's expense, may obtain a report from an environmental specialist to determine if there are wetlands, as defined by federal or state law or regulation. Within 120 days after the effective date of the contract, Buyer may terminate the contract by furnishing Seller a copy of any report noted above that adversely affects the use of the Property and a notice of termination of the contract. Upon termination, the earnest money will be refunded to Buyer. Buyer Buyer Seller Seller This form has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms. Such approval relates to this form only. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any TRECprovision in any specific transactions. It is not suitable for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 512-936-3000 (http://www.trec.texas.gov) TREC No. m replaces TREC No. 28-1. TREC No. 28-2 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-08-2021 UNIMPROVED PROPERTY CONTRACT 112r TEMC NOTICE: Not For Use For Condominium Transactions EQUAL ROUSING OPPORTUNITY 1. PARTIES: The parties to this contract are F. CARRINGTON WEEMS, TRUSTEE (Seller) and CITY OF LA PORTE, TEXAS (Buyer). Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below. 2. PROPERTY: Lot Block All of Block 1254 , TOWN OF LA PORTE Addition, City of LA PORTE County of HARRIS Texas, known as N/A (address/zip code), or as described on attached exhibit together with all rights, privileges and appurtenances pertaining thereto, including but not limited to: water rights, claims, permits, strips and gores, easements, and cooperative or association memberships (Property). RESERVATIONS: Any reservation for oil, gas, or other minerals, water, timber, or other interests is made in accordance with an attached addendum. 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing .............................$ 300,000.00 B. Sum of all financing described in the attached: ❑ Third Party Financing Addendum, ❑ Loan Assumption Addendum, ❑ Seller Financing Addendum .............$ C. Sales Price (Sum of A and B).................................................................$ 300,000.00 4. LEASES: A. Except as disclosed in this contract, Seller is not aware of any leases affecting the Property. After the Effective Date, Seller may not, without Buyer's written consent, create a new lease, amend any existing lease, or convey any interest in the Property. B. NATURAL RESOURCE LEASES: "Natural Resource Lease" means an existing oil and gas, mineral, water, wind, or other natural resource lease affecting the Property to which Seller is a party. Seller ❑ is ® is not a party to a Natural Resource Lease. If Seller is a party to a Natural Resource Lease, check one of the following: ❑ (1) Seller has delivered to Buyer a copy of all the Natural Resource Leases. ❑ (2) Seller has not delivered to Buyer a copy of all the Natural Resource Leases. Seller shall provide to Buyer a copy of all the Natural Resource Leases within 3 days after the Effective Date. Buyer may terminate the contract within days after the date the Buyer receives all the Natural Resource Leases and the earnest money shall be refunded to Buyer. S. EARNEST MONEY AND TERMINATION OPTION: A. DELIVERY OF EARNEST MONEY AND OPTION FEE: Within 3 days after the Effective Date, Buyer must deliver to SOUTHLAND TITLE CO. , as escrow agent, at 7730 SPENCER HWY. #200, PASADENA, TEXAS 77505 (address): $ 3000.00 as earnest money and $ 1000.00 as the Option Fee. The earnest money and Option Fee shall be made payable to escrow agent and may be paid separately or combined in a single payment. (1) Buyer shall deliver additional earnest money of $ to escrow agent within days after the Effective Date of this contract. (2) If the last day to deliver the earnest money, Option Fee, or the additional earnest money falls on a Saturday, Sunday, or legal holiday, the time to deliver the earnest money, Option Fee, or the additional earnest money, as applicable, is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. (3) The amount(s) escrow agent receives under this paragraph shall be applied first to the Option Fee, then to the earnest money, and then to the additional earnest money. (4) Buyer authorizes escrow agent to release and deliver the Option Fee to Seller at any time without further notice to or consent from Buyer, and releases escrow agent from liability for delivery of the Option Fee to Seller. The Option Fee will be credited to the Sales Price at closing. B. TERMINATION OPTION: For nominal consideration, the receipt of which Seller acknowledges, and Buyer's agreement to pay the Option Fee within the time required, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller within 120 days after the Effective Date of this contract (Option Period). Notices under this paragraph must be given by 5:00 p.m. (local time where the Property is located) by the date specified. If Buyer gives notice of termination within the time prescribed: (i) the Option Fee will not be refunded and escrow agent shall release any Option Fee remaining with escrow agent to Seller; and (ii) any earnest money will be refunded to Buyer. Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning (Address of Property) Page 2 of 10 11-08-2021 C. FAILURE TO TIMELY DELIVER EARNEST MONEY: If Buyer fails to deliver the earnest money within the time required, Seller may terminate this contract or exercise Seller's remedies under Paragraph 15, or both, by providing notice to Buyer before Buyer delivers the earnest money. D. FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the Option Fee or if Buyer fails to deliver the Option Fee within the time required, Buyer shall not have the unrestricted right to terminate this contract under this Paragraph 5. E. TIME: Time is of the essence for this paragraph and strict compliance with the time for performance is required. 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish to Buyer at @Seller's ❑Buyer's expense an owner's policy of title insurance (Title Policy) Issued bySOUTHLAND TITLE CO. (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 3. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements: ❑ (i) will not be amended or deleted from the title policy; or ❑ (ii) will be amended to read, "shortages in area" at the expense of ❑ Buyer ❑ Seller. (9) The exception or exclusion regarding minerals approved by the Texas Department of Insurance. B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Seller authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or 3 days before the Closing Date, whichever is earlier. If the Commitment and Exception Documents are not delivered within the time required, Buyer may terminate this contract and the earnest money will be refunded to Buyer. C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyer's lender(s). (Check one box only) ❑ (1) Within 30 days after the Effective Date of this contract, Seller shall furnish to Buyer and Title Company Seller's existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails to furnish the existing survey or affidavit within the time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to Closing Date. If the existing survey or affidavit is not acceptable to Title Company or Buyer's lender(s), Buyer shall obtain a new survey at @ Seller's LJ Buyer's expense no later than 3 days prior to Closing Date. ❑ (2) Within days after the Effective Date of this contract, Buyer shall obtain a new survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or the date specified in this paragraph, whichever is earlier. ❑ (3) Within days after the Effective Date of this contract, Seller, at Seller's expense shall furnish a new survey to Buyer. D. OBJECTIONS: Buyer may object in writing to (i) defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; or disclosed in the Commitment other than items 6A(1) through (9) above; (ii) any portion of the Property lying in a special flood hazard area (Zone V or A) as shown on the current Federal Emergency Management Agency map; or (iii) any exceptions which prohibit the following use or activity: Buyer must object the earlier of (i) the Closing Date or (ii) 60 days after Buyer receives the Commitment, Exception Documents, and the survey. Buyer's failure to object within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any expense, Seller shall cure any timely objections of Buyer or any third party lender within 15 days after Seller receives the objections (Cure Period) and the Closing Date will be extended as necessary. If objections are not cured within the Cure Period, Buyer may, by delivering notice to Seller within 5 days after the end of the Cure Period: (i) terminate this contract and the earnest money will be refunded to Buyer; or (ii) waive the objections. If Buyer does not terminate Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning (Address of Property) Page 3 of 10 11-08-2021 within the time required, Buyer shall be deemed to have waived the objections. If the Commitment or Survey is revised or any new Exception Document(s) is delivered, Buyer may object to any new matter revealed in the revised Commitment or Survey or new Exception Document(s) within the same time stated in this paragraph to make objections beginning when the revised Commitment, Survey, or Exception Document(s) is delivered to Buyer. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. (2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property ❑is ®is not subject to mandatory membership in a property owners association(s). If the Property is subject to mandatory membership in a property owners association(s), Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community identified in Paragraph 2 in which the Property is located, you are obligated to be a member of the property owners association(s). Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instruments may be obtained from the county clerk. Section 207.003, Property Code, entitles an owner to receive copies of any document that governs the establishment, maintenance, or operation of a subdivision, including, but not limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a property owners' association. A resale certificate contains information including, but not limited to, statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners' association is a party, other than lawsuits relating to unpaid ad valorem taxes of an individual member of the association. These documents must be made available to you by the property owners' association or the association's agent on your request. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners Association should be used. (3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under §5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. (6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in Paragraph 2 or at closing of purchase of the real property. (7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, Seller must give Buyer written notice as required by §5.014, Property Code. An addendum containing the required notice shall be attached to this contract. Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning (Address of Property) Page 4 of 10 11-08-2021 (8) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property ❑ is 0 is not located in a Texas Agricultural Development District. For additional information, contact the Texas Department of Agriculture. (9) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, 5.205, Property Code requires Seller to notify Buyer as follows: The private transfer fee obligation mayy be ggoverned by Chappter 5 Subchapter G of the Texas Property Code. (10)PROPANE GAS SYSTEM SERVICE AREA: If the Property is located in a propane gas system service area owned by a distribution system retailer, Seller must give Buyer written notice as required by §141.010 Texas Utilities Code. An addendum containing the notice approved by TREC or required by t(1e parties should be used. (11)NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 7. PROPERTY CONDITION: A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to the Property at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall keep the utilities on during the time this contract is in effect. NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs. B. ACCEPTANCE OF PROPERTY CONDITION: "As Is" means the present condition of the Property with any and all defects and without warranty except for the warranties of title and the warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph 7B (1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from negotiating repairs or treatments in a subsequent amendment, or from terminating this contract during the Option Period, if any. Check one box only) ® 1) Buyer accepts the Property As Is. ❑ (2) Buyer accepts the Property As Is provided Seller, at Seller's expense, shall complete the following specific repairs and treatments: (Do not insert general phrases, such as "subject to inspections" that do not identify specific repairs and treatments.) C. COMPLETION OF REPAIRS: Unless otherwise agreed in writing: (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date; and (ii) all' required permits must be obtained, and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or, if no license is required by law, are commercially engaged in the trade of providing such repairs or treatments. At Buyer's election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days, if necessary, for Seller to complete repairs and treatments. D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. E. SELLER'S DISCLOSURES: Except as otherwise disclosed in this contract, Seller has no knowledge of the following: (1) any flooding of the Property which has had a material adverse effect on the use of the Property, (2) any pending or threatened litigation, condemnation, or special assessment affecting the Property; 3 any environmental hazards that materially and adversely affect the Property; 4 any dumpsite, landfill, or underground tanks or containers now or previously located on the Property; (5) any wetlands, as defined by federal or state law or regulation, affecting the Property; or (6) any threatened or endangered species or their habitat affecting the Property. 8. BROKERS AND SALES AGENTS: A. BROKER OR SALES AGENT DISCLOSURE: Texas law requires a real estate broker or sales agent who is a party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the broker or sales agent owns more than 10%, or a trust for which the broker or sales agent acts as a trustee or of which the broker or sales agent or the broker or sales Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning Page 5 of 10 11-08-2021 (Address of Property) agent's spouse, parent or child is a beneficiary, to notify the other party in writing before entering into a contract of sale. Disclose if applicable: B. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: A. The closing of the sale will be on or before NOVEMBER 15� 2022 , or within 7 days after objections made under Paragraph 6D have been cured or waived, whichever date is later (Closing Date). If either party fails to close the sale by the Closing Date, the non -defaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. 2 Buyer shall pay the Sales Price in good funds acceptable to the escrow agent. 3 Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents reasonably required for the closing of the sale and the issuance of the Title Policy. (4) There will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing the payment of any loans assumed by Buyer and assumed loans will not be in default. 10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition upon closing and funding. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum or other form has been promulgated by TREC for mandatory use.) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS AGREEMENT, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SEC. 271.403 UNDER THIS CONTRACT 1) THE CITY OF LA PORTE'S GOVERNING BODY RETAINS THE CONTINUING RIGHT TO TERMINATE AT THE EXPIRATION OF EACH BUDGET PERIOD; AND, 2) IS CONDITIONED ON THE BEST EFFORTS ATTEMPT BY LA PORTE'S GOVERNING BODY TO OBTAIN AND APPROPRIATE FUNDS FOR PAYMENT OF THE PURCHASE PRICE. SELLER AND ITS SUCCESSORS AND ASSIGNS MAINTAIN NAMING RIGHTS FOR ANY FACILITY BUILT ON p 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $ to be applied in the following order: Buyer's Expenses which Buyer is pro i ite rom paying by FHA, VA, Texas Veterans Land Board or other governmental loan programs, and then to other Buyer's Expenses as allowed by the lender. (2) Expenses payable by Buyer (Buyer's Expenses): Appraisal fees; loan application fees; origination charges; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; loan title policy with endorsements required by lender; loan -related inspection fees; photos; amortization schedules; one-half of escrow fee; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee; repair inspection; underwriting fee; wire transfer fee; expenses incident to any loan; Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender; and other expenses payable by Buyer under this contract. B. If any exse exceeds an amount expressly stated in this contract for such expense to be paid bypen a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veterans Land Board or other governmental loan program regulations. 13. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. The tax proration may be calculated taking into consideration any change in exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes, penalties or interest Assessments) for periods prior to closing, the Assessments will be the obligation of Buyer. f Assessments are imposed because of Seller's use or change in use of the Property prior to closing, the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will survive closing. Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning Page 6 of 10 11-08-2021 (Address of Property) 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the Effective Date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of insurance proceeds, if permitted by Seller's insurance carrier, and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller under this contract. IS. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default and Seller may a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b� terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If Seller fails to comply with this contract, Seller will be in default and Buyer may (a enforce specific performance, seek such other relief as may be provided by law, or both, or b) terminate this contract and receive the earnest money, thereby releasing both parties from this contract. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding. 18. ESCROW: A. ESCROW: The escrow agent is not i) a party to this contract and does not have liability for the performance or nonperformance Or any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss of any earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. Escrow agent may require any disbursement made in connection with this contract to be conditioned on escrow agent's collection of good funds acceptable to escrow agent. B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may: (i) require a written release of liability of the escrow agent from all parties; and- (ii) require payment of unpaid expenses incurred on behalf of a party. Escrow agent may deduct authorized expenses from the earnest money payable to a party. "Authorized expenses" means expenses incurred by escrow agent on behalf of the party entitled to the earnest money that were authorized by this contract or that party. C. DEMAND: Upon termination of this contract, either party release of earnest money to each party and the parties release and deliver same to the escrow agent. If either part party may make a written demand to the escrow agent for t makes written demand for the earnest money, escrow age the demand to the other party. If escrow agent does n( demand from the other party within 15 days, escrow agent the party making demand reduced by the amount of unpaid party receiving the earnest money and escrow agent may escrow agent complies with the provisions of this paragraph agent from all adverse claims related to the disbursal of the D. DAMAGES: Any party who wrongfully fails or refuses to sigr agent within 7 days of receipt of the request will be liable to (ii) the earnest money; (iii) reasonable attorney's fees; and E. NOTICES: Escrow agent's notices will be effective when sei Notice of objection to the demand will be deemed effective L or the escrow agent may send a shall execute counterparts of the 1 fails to execute the release, either ie earnest money. If only one party it shall promptly provide a copy of )t receive written objection to the may disburse the earnest money to expenses incurred on behalf of the pay the same to the creditors. If each party hereby releases escrow earnest money. a release acceptable to the escrow the other party for (i) damages; (iv) all costs of suit. it in compliance with Paragraph 21. pon receipt by escrow agent. 19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in default. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by Internal Revenue Code and its regulations, or if Seller fails to deliver an affidavit or a certificate of non - foreign status to Buyer that Seller is not a "foreign person " then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning (Address of Property) Page 7 of 10 11-08-2021 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand -delivered at, or transmitted by fax or electronic transmission as follows: To Buyer at: To Seller at: Phone: ( ) Phone E-mail/Fax: E-mail/Fax: E-mail/Fax: E-mail/Fax: 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (check all applicable boxes): ❑ Third Parry Financing Addendum ❑ Addendum for Coastal Area Property ❑ Seller Financing Addendum ® Environmental Assessment, Threatened or ❑ Addendum for Property Subject to Mandatory Membership in a Property Owners Association ❑ Buyer's Temporary Residential Lease ❑ Seller's Temporary Residential Lease ❑ Addendum for Reservation of Oil, Gas and Other Minerals ❑ Addendum for "Back -Up" Contract ❑ Addendum Concerning Right to Endangered Species and Wetlands Addendum ❑ Addendum for Property Located Seaward of the Gulf Intracoastal Waterway ❑ Addendum for Sale of Other Property by Buyer ❑ Addendum for Property in a Propane Gas System Service Area ❑ Other (list): Terminate Due to Lenders Appraisal ❑ Addendum containing Notice of Obligation to Pay Improvement District Assessment 23. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate license holders from giving legal advice. READ THIS CONTRACT CAREFULLY. Buyer's Seller's Attorney is: Attorney is: Phone: ( ) Fax: E-mail: Phone Fax: E-mail: Initialed for identification by Buyer and Seller TREC NO. 9-15 Contract Concerning (Address of Property) Page 8 of 10 11-08-2021 EXECUTED the day of , 20 (Effective Date). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) Buyer uyer Seller er The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate license holders. No representation is made as to the legal TRECvalidity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3000 .E.A - -Al.<... (http://www.trec.texas.gov) TREC NO. 9-15. This form replaces TREC NO. 9-14. TREC NO. 9-15 Contract Concerning Page 9 of 10 11-08-2021 (Address of Property) BROKER INFORMATION (Print name(s) only. Do not sign) Other Broker Firm License No. Listing Broker Firm License No. represents ❑Buyer only as Buyer's agent ❑Seller as Listing Broker's subagent Associate's Name License No represents ❑Seller and Buyer as an intermediary ❑Seller only as Seller's agent Listing Associate's Name License No. Team Name Team Name Associate's Email Address Phone Listing Associate's Email Address Phone Licensed Supervisor of Associate License No. Licensed Supervisor of Listing Associate License No. Other Broker's Address Phone Listing Broker's Office Address Phone City State Zip City State Zip Selling Associate's Name License No. ream Name Selling Associate's Email Address Phone Licensed Supervisor of Selling Associate License No. Selling Associate's Office Address City State Zip Disclosure: Pursuant to a previous, separate agreement (such as a MLS offer of compensation or other agreement between brokers), Listing Broker has agreed to pay Other Broker a fee ( ). This disclosure is for informational purposes and does not change the previous agreement between brokers to pay or share a commission. TREC NO. 9-15 Contract Concerning Page 10 of 10 11-08-2021 (Address of Property) OPTION FEE RECEIPT Receipt of $ (Option Fee) in the form of is acknowledged. Escrow Agent Date EARNEST MONEY RECEIPT Receipt of $ Earnest Money in the form of is acknowledged. Escrow Agent Received by Email Address Date/Time Address Phone City State Zip Fax CONTRACT RECEIPT Receipt of the Contract is acknowledged. Escrow Agent Received by Email Address Date Address Phone City State Zip Fax ADDITIONAL EARNEST MONEY RECEIPT Receipt of $ additional Earnest Money in the form of is acknowledged. Escrow Agent Received by Email Address Date/Time Address Phone City State Zip Fax TREC NO. 9-15 ORDINANCE 2022-3896 AN ORDINANCE OF THE CITY OF THE LA PORTE, TEXAS, APPROVING THE PURCHASE OF A PARCEL OF LAND LOCATED ADJACENT TO THE LA PORTE BAY FOREST GOLF COURSE AND LEGALLY DESCRIBED AS ALL OF BLOCK 1254, TOWN OF LA PORTE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN EARNEST MONEY CONTRACT AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE ACQUISITION OF SAID PROPERTY; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, F. Carrington Weems, Trustee, owns a parcel of land located adjacent to the La Porte Bay Forest Golf Course and legally described as all of Block 1254, Town of La Porte, an addition in Harris County, Texas (the "Property" herein); and WHEREAS, the City of La Porte desires to enter into an Earnest Money Real Estate Sales Contract for the purchase of the Property pursuant to the terms and conditions as set forth in the said Earnest Money Real Estate Sale Contract, which is attached hereto as Exhibit A, and incorporated herein at length for all purposes (the "Sales Contract" herein); and WHEREAS, the purchase of the Property is conditioned upon those terms and conditions as provided in the Sales Contract attached hereto; and WHEREAS, this City Council has determined that the cash consideration as provided in the said Sales Contract is the fair market value of Property being purchased by the City of LaPorte; and WHEREAS, the City of La Porte will use and develop the property in a manner that primarily promotes public purposes of the City of LaPorte. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this ordinance are true and correct. Section 2. That the City Council of the City of La Porte does hereby approve the Earnest Money Real Estate Sales Contract between F. Carrington Weems, Trustee, as Seller and the City of La Porte, Texas, as Buyer on those terms and conditions as expressed therein and attached hereto as Exhibit "A". Section 3. That the City Manager of the City of La Porte, Texas, is hereby authorized and directed to execute on behalf of the City of La Porte, Texas, the Sales Contract, and is further authorized and directed to execute all other documents and to take all other actions reasonably necessary or convenient to accomplish the acquisition of the Property. Section 4. The City Council of the City of La Porte authorizes payment of the purchase price, as well as any costs or fees attributable to the City in accordance with the terms and conditions of the Sales Contract. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is 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 Chapter 551, Tx. Gov't 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 ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of 2022 CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Coundperson At Large B MANDI WILLIAMS Councilperson District I CHUCK ENGELKEN Mayor Pro Tern Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JUNE 27, 2022 BILL BENTLEY Councilperson District 3 RICK HELTON Councilperson District 4 JAY MARTIN Councilperson District 5 ROBBIE M cLAR RIN Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, June 27, 2022, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brent McCaulley, Mandi Williams, Chuck Engelken, Bill Bentley, Rick Helton, Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent* Brandon Lunsford Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION — The invocation was given by Clark Askins, Assistant City Attorney, and pledges were led by Councilperson Rick Helton. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a. Presentation by the Federal Emergency Management Agency (FEMA) on updating the National Flood Insurance Program's (NFIP) risk rating methodology to Risk Rating 2.0. [Teresa Evans, Director of Planning & Development] 4. CITIZEN COMMENT (Generally limited to five minutes per, person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) There were no comments. 6. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a. Approve the minutes of the regular meeting of the City Council held on June 13, 2022. [Louis R. Rigby, Mayor] b. Adopt Resolution 2022-13, opposing the Galveston Bay Park Plan proposal from the Severe Storm Prediction, Education, and Evacuation from Disasters (SSPEED) Center at Rice University. [Louis R. Rigby, Mayor] c. Approve the appointment of Pat McCabe to Position 2 and the appointment of John Blakemore to Alternate I position on the La Porte Zoning Board of Adjustment. [Louis R. Rigby, Mayor] d. Authorize the City Manager to issue 'Letters of Intent to Purchase' to secure build slots for vehicles and equipment indicated on the Summary of Vehicle Replacement for Fiscal Year 2022-2023, not to exceed budgeted amounts. [Ray Mayo, Director of Public Works] e. Authorize the City Manager to execute a revised interlocal agreement between the City of La Porte and Gulf Coast Authority for domestic wastewater treatment, for a ten (10) year term. [Ray Mayo, Director of Public Works] f. Adopt Ordinance 2022-3892 authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement between the City of La Porte and Airgas Specialty Products for its development at 11426 Fairmont Parkway in the Bayport Industrial District [Ray Mayo, Director of Public Works] Councilperson Engelken moved to approve the consent agenda items, the motion was seconded by Council erson Bentley: the motion was adopted, 8-0. 6. PUBLIC HEARING AND ASSOCIATED ORDINANCES a. The City Council will hold a public hearing to receive comments regarding a. recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3890 amending the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning" by granting Zone Change #22-92000009, a change from Low Density Residential (R-1) to Large Lot Residential (LLD) for a tract of land located at 11007 Houston Dr. and legally described as Lots 21-26, Block 2 and Reserve B, Block 12, Battleground Estates, Harris County, Texas; followed by discussion and possible action to consider adapting Ordinance 2022-3890 amending the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning" by granting Zone Change #22- 92000009, a change from Low Density Residential (R-1) to Large Lot Residential (LLD) for a tract of land located at 11007 Houston Dr. and legally described as Lots 21-26, Block 2 and Reserve B, Block 12, Battleground Estates, Harris County, Texas. [Teresa Evans, Planning & Development Director] Mayor Rigby o ened the public hearin at 6:13 p.m. director Evans provided a presentation; there were no public speakers for the hearing. Mayor Rigby closed the public hearing at 6:17 p.m. Councilperson Williams moved to adopt Ordinance 2022-3890 amending the Cade of Ordinances of the City of La. Forte Texas Chapter 106 "Zoning" by granting Zone Change #22-92000009, a change from Low Density Residential (R-1) to Large Lot Residential (LLD) for a tract of land located at 11007 Houston Dr, and legally described as Lots 21-26, Block 2 and Reserve B, Block 12, Battleground Estates, Harris County. Texas Councilperson Bentley seconded the motion: the motion was ada Aed, 8- 0. 7. STATUTORY AGENDA a. Presentation, discussion, and possible action regarding employee compensation in the 2022-23 budget. [Matt Hartleib, HR Manager] Councilperson McCaulley moved for Human Resources to proceed with investigating all three of the options presented: the motion was seconded by Councilperson Williams. Councilperson McCaulley moved to amend the motion by considering Option 3 but also referring to Option 2 as a guideline to supplement lower gaid employees: the amendm nt was seconded by Councllperson Bentley. Councilperson Bentley moved to amend the motion by considering the policy for future wage scales. The Mayor ruled the amendment not gerLnang and it was withdrawn. The amendment was adopled, 8-0. The main motion as amended, was adopted, 8-0. 8. REPORTS a. Receive report of the La Pone Community Fencing Project Ad Hoc Committee meeting. [Councilperson Brent McCaulley, Committee Chair] Councilperson McCaulley said the Committee chose to recommend options for the next City Council meeting. b. Receive report of the La Porte Development Corporation Board of Directors meeting. [Councilperson Chuck Engelken] Councilperson Engelken said the Committee approved, 5-2, opening a 60-day comment period for a potential project to promote new or expanded business enterprises at 114 W. Main Street, for an incentive payment not to exceed $480,600.00, reviewed the future economic development plan, and set the next meeting for July 25, 2022. 9. ADMINISTRATIVE REPORTS • City Council meeting, July 11 • Planning and Zoning Commission, July 21 • Zoning Board of Adjustments, July 28 • Drainage and Flooding Committee, July 11 City Manager Alexander said there were no reports. 10. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Council persons, and City staff, for which no formal action will be discussed or taken. Councilpersons reminded all of the event this week at Monarch Park and the 4 th of July Parade on the 2nd of July; and welcomed the employees present. 11. EXECUTIVE SESSION a. Texas Government Code Section 561.072 - Deliberation regarding the purchase, exchange, lease, or value of real property. The City Council will meet in closed session With the City Manager and Assistant City Attorney to discuss the potential purchase of real property located in the City of La Porte. The Council convened in executive session at 6:59 mm. 12. RECONVENE into open session and consider action, if any, on item(s) discussed in executive session. The Council reconvened into open session at 7:28 12.m. The Mayor noted the Council had directed the City Manager to continue negotiations on potential purchase of real property in La Porte and to return to the City Council with a proposed contract. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Annual Council items Department: City Council Report i' Resolution 1�'°' Ordinance Exhibits: None Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir' No SUMMARY & RECOMMENDATION The majority of the City of La Porte board, commission, and committee positions have terms expiring on August 31 of their final year of the respective terms. Staff liaisons have determined the individuals listed below seek reappointment. The Fire Code Review Board and the Planning and Zoning Commission are the only positions that are appointed in accordance with specific City Councilmember seats and any concerns about service have been relayed for consideration. The positions that are alternates or involve the movement of alternates to regular positions, if any, are noted. Attendance records follow on successive pages, for reference. Building Codes Appeals Board (3-year terms) Omar Jaimes, initial appointment ACTION REQUIRED BY CITY COUNCIL Consider approval of appointment(s) and/or reappointment(s), as indicated, to fill positions listed. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Matt Daeumer, Asst. City Mgr. Department: Administration/CMO Report ir" Resolution ir" Ordinance Exhibits: Development Agreement, Incentive Application, Design & Site Plans Appropriation Source of Funds: 038 — EDC Fund Account Number: 038-6030-565-9997 Amount Budgeted: Amount Requested: $30,000.00 Budgeted Item: i; Yes ir No SUMMARY & RECOMMENDATION On May 23, 2022, staff brought to the La Porte Development Corporation Board a project in downtown La Porte. The applicant Frank Nance has purchased the building at 508 W. Main St, which currently houses his State Farm Insurance Agency. There is a need to significantly remodel and expand the structure in order to grow his business. The initial estimates put the applicant's investment at $200,000. Staff ran the project through the EDC matrix, which indicated that this project would be eligible for a $30,000 incentive. This project has the potential to have more intangible value to the City, specifically due to the foot traffic hub on Main Street. On May 23, 2022, the La Porte Development Corporation Board discussed the project and approved to move forward with an incentive package for this project in an amount not to exceed of $30,000. As required by state law, a sixty (60) day public comment period needed to occur. The public "Notice of Proposed Project" was advertised in the Bay Area Observer on June 2, 2022. Since this date, staff has not received any citizen feedback regarding this incentive application. Summary The application requires action by the City Council, which will occur on September 12, 2022. Staff has worked with the applicant and the City Attorney's Office to draft a development agreement concerning the funding through an incentive project for an amount not to exceed $30,000. Below outlines details of this draft development agreement: Total cash incentive of $30,000 with following payment schedule: two payments of $15,000 and $15,000 o First payment of $15,000, within 30 days of substantial completion of construction/ renovations. This payment is estimated to occur around July 2023. o Second payment of $15,000 when building is occupied with four (4) full- time jobs (confirmed by documentation stating such). The applicant will be responsible for maintaining jobs 5 years after 2nd payment. This payment is estimated to occur around January 2024. Claw -back provisions within the development agreement if the project doesn't maintain the four (4) jobs for five (5) years, each year potential recapture amount decreases by $6,000. If the Recipient fails to qualify for the first payment, then recapture amount will decrease by $3,000. On August 22, 2022 the La Porte Development Corporation Board approved the project and the development agreement for the 508 W. Main Street project for the refurbishment/renovation of the State Farm building located at 508 W. Main Street in La Porte, Texas not to exceed $30,000. Staff recommends the City Council approve the development agreement for the 508 W. Main Street project for the refurbishment/renovation of the State Farm building located at 508 W. Main Street in La Porte, Texas not to exceed $30,000. ACTION REQUIRED BY CITY COUNCIL Approve a Development Agreement for 508 W. Main Street, an incentive for refurbishment/renovation of the State Farm building located at 508 W. Main Street in La Porte, Texas not to exceed $30,000. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE LA PORTE DEVELOPMENT COPRPORATION AND FRANK NANCE, FOR USE OF TYPE B DEVELOPMENT CORPORATION SALES TAX FUNDS THIS AGREEMENT made by and entered into this 22nd day of August 2022 between the La Porte Development Corporation, a Type B non-profit corporation operating under authority of Texas Local Government Code Chapters 501 and 505, hereinafter referred to as "LPDC", and Frank Nance, hereinafter referred to as "Recipient". WITNESSETH: WHEREAS, the voters of the City of La Porte authorized the levying of additional sales tax within the City for promotion of economic development and the LPDC is authorized to use such tax revenues for certain qualifying projects and other economic development related purposes; and WHEREAS, Recipient is an individual who owns the land and existing building situated thereon, located at 508 West Main Street, La Porte, Texas, and at which site Recipient operates a business as an independent agent for State Farm Insurance Company; and WHEREAS, Recipient wishes to renovate the exterior and interior of the existing building located at 508 West Main Street, and make associated infrastructure, site and related improvements, for the purpose of operating commercial office space and which would 1) result in the expenditure by Recipient of an estimated $130,000.00 in capital improvements; and 2) employ an estimated four (4) full time personnel; and WHEREAS, Recipient has requested that LPDC provide financial incentives to Recipient to contribute towards the cost of renovation of the property at 508 West Main Street under a qualifying project of the LPDC for infrastructure, site and related improvements that promote or develop new or expanded business enterprises, as authorized by Texas Local Government Code Chapters 501 and 505, and it is the desire of LPDC to assist in the funding of same, finding that such expenditures will promote or develop new or expanded business enterprises. WHEREAS, Texas law and the by-laws of the LPDC require that certain expenditures and projects by the LPDC be approved by the governing body of the City; and whereas the LPDC Board has duly approved such project and the expenditures for same have been authorized by the La Porte City Council; and NOW THEREFORE, in consideration of the covenants and conditions stated herein, and in consideration of the mutual benefits that will accrue to each of the parties hereof, as well as to the citizens of the City of La Porte, Texas, the parties have agreed and do hereby agree as follows: renovation of the Building and minimum capital investment in the amount of $130,000.00 in order to qualify for the second incentive payment outlined in Paragraph 2 below. 2) A cash incentive payment in an amount equal to $15,000.00 will be distributed to Recipient by LPDC upon delivery to the LPDC of a) an employment roster evidencing that Recipient employs a minimum of four (4) full time employees at the Building site as of January 31, 2024. However, in no case will the $15,000.00 payment be made by LPDC if proof of the employment of a minimum of four (4) full time personnel at the Building site as of January 31, 2024 is not delivered to and received by LPDC by August 30, 2024. Proof of employment, for purposes of this agreement, may be satisfied by submission to LPDC by the said August 30, 2024 deadline of a) copies of Recipient's 941 Report to the Internal Revenue Service and C3 Report to the Texas Workforce Commission for each employee (but with social security numbers of each employee redacted) and b) a notarized statement executed by Recipient affirming that a GUmulative four (4) full time employees are employed in positions permanently located at the Building site. In the case that proof of employment of four (4) full-time personnel is presented to LPDC on or before said August 30, 2024 deadline, the LPDC shall convene a meeting of the LPDC Board of Directors for a date no later than forty-five (45) days after receipt of proof of employment by lessees at the Building site by Recipient. Upon verification of employment as reflected by formal vote of the LPDC Board of Directors, LPDC will then remit the $15,000.00 to Recipient within a period not to exceed thirty (30) days. In the event that Recipient qualifies for the $15,000.00 incentive installment based upon proof of employment of four (4) full-time positions located at the Building site pursuant to Article 1, Paragraph 2, above, then in such case Recipient shall be required to prove the continuous employment at the Building site of a minimum of four (4) full-time positions, for a continuous five (5) year period. At the conclusion of each calendar year during such five (5) year period, beginning on December 31, 2024, through and including December 31, 2028, Recipient shall be required to submit to the LPDC proof of employment of a minimum of four (4) full-time positions at the Building site, in the manner required under Article 1, Paragraph 2, above. Should Recipient fail to provide proof of the employment of four (4) full-time employees at the end of a calendar year, then for that year Recipient shall be responsible for remitting to the LPDC the sum of $6,000.00, representing recapture out of the previously awarded $30,000.00 incentive paid under this Agreement. However, in the instance that Recipient provides proof of employment of a minimum of four (4) full-time positions at the end of a calendar year, Recipient shall be relieved from the obligation to remit to the LPDC $6,000.00 recapture for that year. If Recipient fails to qualify for the $15,000 incentive installment provided for in Article I, Paragraph 1 but qualifies for payment of the $15,000.00 payment under terms of this Agreement, including 1) LPDC funds spent by Recipient in contravention of this Agreement and 2) any LPDC funds previously paid to Recipient but not yet spent by Recipient. In each such case, the previously paid cash payment or payments shall be remitted to the LPDC within sixty (60) of receipt of written demand for same. Any breach of this covenant shall be grounds for immediate termination of the distribution of funds. ARTICLE VI The term of this Agreement is for a period beginning on the date of approval by LPDC and ending July 1, 2029. Iy1:49lei 11MYl I All funds provided by the LPDC pursuant to this Agreement may be used only for the purposes authorized by this Agreement. Notwithstanding Article 1, above, City shall be under no obligation to make any fund disbursements if the reports required under this Agreement have not been delivered to the LPDC. ARTICLE Vlll This Agreement does not create any joint venture, partnership, or agency relationship between the LPDC and Recipient. Recipient shall have exclusive control of, and the exclusive right to control the details of the work to be performed by Recipient hereunder and all personnel performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, volunteers, licensees, and invitees. In no event shall any person participating in or performing any of Recipient's duties or responsibilities hereunder be considered an officer, agent, servant, or employee of the LPDC. ARTICLE IX Recipient agrees to assume and does hereby assume all responsibility and liability for damages sustained by persons or property, whether real or asserted, by or from the carrying on of work by Recipient or in the performance of services performed and to be performed by Recipient hereunder. Recipient covenants and agrees to, and does hereby indemnify, defend, and hold harmless LPDC and all their respective officers, agents, and employees from all suits, actions, claims, and expenses of any character, including attorney's fees, brought for or incurred on account of any injuries or damages, whether real or asserted, sustained by any person or property by or in consequence of any intentional or negligent act, omission, or conduct of Recipient, its agents, servants or employees. ARTICLE X This Agreement may be amended by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. its understanding and agreement that if it is convicted of a violation of 8 U.S.C. Section 1324a(f), providing for civil and/or criminal penalties for engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens, it shall repay the amount of the public subsidy with interest, at the rate and according to the terms of the agreement signed under Section 2264.053 of the Government Code, not later than the 120th day after the date the city notifies the business of the violation. ARTICLE XIX The Agreement embodies the complete agreement of the parties hereto, superseding all oral or written pervious and contemporary agreements between the Parties, which relate to matters in this Agreement. SIGNED AND AGREED to by LPDC and Recipient on the dates indicated below. LA PORTE DEVELOPMENT CORPORTION Z4��- Richard Warren, President Date ATTEST I 1 Skr6tary of Prank Nance L Date ATTEST ------- Alley Alley(16'R.O.W.)— — — — —°— i — _-----------=-.a" W.L. (CRY)==------------------ - —a"S.S. (CRY).- 24.00' NORTH -'+ f0.0' +'-' — — -12.V' X h y3. s: PROP.) STORM I �PB!4KE MATERVILL. .. DRAINAGE FOR ENTIRE I ' - (800. SF.) - 3,DCO SF. SITE TO THE NORTH END OF LOT. [ j • THEN EAST TO 4TH ST. R.O.W. CURa/currER. t H.C. PARKING �-; 'i •:'.-- -.. .. .• :•. •- f NCETE •.-•• CSPACES UR STOPS PARKING SIGNAGE I (TRAP) 4 • o 20• : CRASS'�X-; '.• .jl �II'. (PROP.} _� ____.�1____ B.S. D.S. NC. LANOlNa (PROP.) PRE -FINISHED m s ALUMINUM ODWNSPOUT O & CONC. SPLASHBLOCK. I (TYP. EACH SIDEWALL) 0" ROOF O` ROOF OVERHAI@C OVERHANG J J (PROP,} r�ss PRE-'IISHE0 ALUIuINu1NH CUTTER ! ,.) O (PRbp.)/ S g :I n STATEjFARM i I-ST RYA P F Q BUIL .ING ye E PArSIGN (I,200 sf.) l � O vAGANT %viF:iL LOi (PROP.) ! } d' REPLACE EXIST. ! o X t ; OVERHEAD LINE WITH ELECTRICAL PROP. POWER POLE ELECTRCAL h UNOEROROUN❑ LINE TO (EXIST.) EXIST. METER CAN -, STATB BARM , r I -STORY BUILDING (720 sf.) (z) STEPS ' cAxoPr OVERHANG \ --! CONC. CURB/GUTTER �7 — — — W. Main St. (60' R.O.W.) — .L Construction Site Plan Z 0 0 10' 20' 40' 50' City of La Porte ECONOMIC DEVELOPMENT INCENTIVES APPLICATION This application must be filed at least 60 days prior to the date the City Council considers the request. Requests for incentives must be approved by the City Council prior to the beginning of construction or installation of equipment. This application will become part of the agreement between the applicant and the City of La Porte. Any knowingly false representations will be grounds for voiding the agreement. This original application must be submitted to the Economic Development Coordinator, City of La Porte 604 W. Fairmont Parkway, La Porte, Texas 77571. I., APPLICANT INFORMATION 1. Date of Application: 12,5 Z L 2. Company Name: Frank Nance State Farm 3. Current Number of Employees: 2 FULL TIME, 2 PART TIME 4. Address: 508 W Malin St. La Porte. Texas 77571 5. Annual Sales: 214,000 C. Type of Ownership: Corporation Partnership x Proprietorship 7. Names(s) of principal owner(s), partner(s) or director of the company: 8. Corporate Headquarters' address: 508 W Main St La Porte, TX 77571 9. Corporate Telephone: 281 9307611 10• Other locations and/or places of business owned and operated by the applicant. For each location, please provide the city, state, street address and name(s) under which business is conducted. None 11. Date Organization Formed: 07/01/2014 12. Please attach most recent annual report or financial statement. PROJECT INFORMATION Type of Facility: --� Manufacturing Distribution Center x Corporate Office or Service Center Research and Development Facility Region Entertainment Facility -Other (please specify) 2. Project Description: New Construction x Expansion Modernization 3. Location address of proposed project: 508 W Main St. 9 5. School District LPISD 6. Product(s) or Service: Insurance Sales 7. Attach map and legal description of project location showing proposed improvements. re: map (last page of document) Lot 20, Block 20, La Porte 6. County 8. Please describe the proposed use and the specific nature and extent of the project: Office S ace -Insurance Sales 2 9. Please list all improvements and equipment for the project: Improvement Items Cost Interior Remodel of 720 sf. $ 5,000.00 North Expansion w_i,200 sf. $ 87,000.00 North Parking Lot = 950 sf. $ 8,000.00 Re -paint building Exterior $ 4,500.00 Update Facade Siding„ Signaae._ $ 5,000.00 Canopy„ Exterior FinichaG_ $ 20,500.00 TOTAL: $ 130,000.00 10. Please state all sources for financing the improvements: Personas finances/savings. 11. Please state the time frame or projected date of start and completion: Hope to start by 6/15/2022 and complete by 811512022 12. Improvements will be completed by 08101/2022 , (specify year). 13. Please state the productive life of the proposed improvements: 20 years plus 14. Please give a general description of business personal property (property other than buildings, fixed machinery, inventory and supplies) that will be purchased as a result of the project: Office furniture, coffee room supplies III. ECONOMIC INFORMATION 1. Number of persons currently employed by applicant: 2 Full Time 2 Part Time Total Annual Payroll: $ 104.000 2. Number of new jobs (full time equivalent) to be created/retained by the proposed improvements: Number Estimate Annual Payroll Year At Opening 4 $ 133,980 2022 At 3 years 5 $ 189,000 2023 At 5 years 5 $ 198,000 2024 3. Number of new jobs to be filled by persons residing in the City of La Porte or Harris County: Full Time 3 Part Time a 4. Number of Peak Construction Jobs: 5 5. In the case of modernization, please estimate the economic life of the existing facility: 25 years. Added economic life after modernization: 45 years. 6. In the case of modernization, please state the assessed value of the facility for the tax year immediately preceding this application: Real Property $ 190,000 Business Personal Property $ 25,000 7. Amount of taxable sales currently being generated annually in the City of La Porte (if applicable): $ NA 8. Amount of projected taxable sales that the proposed improvements will generate: $ NA 9. In the case of application based on job retention, please describe potential job loss that would occur without economic development incentives: With additions, 1 can expand my current operation by up to 3 full time employees 4 Company Representative to be contacted: Frank Nance Name Agent TitIe508 W Main St Address La Porte, TX 77571 281 9307611 Telephone Authorized jorn pany Official: rv-x Authon ed Signature Dates Printed Name Title j--'K I -10 t Telephone i v J 6 ? i is j r. - f -1,__:_. t l! 1 W'II(lMA)N-S{ iP I I J II i r` 9 1 � 1 _ _W --A- T,_ - _ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Michael G. Dolby, Director Department: Finance Report i'""" Resolution ir" Ordinance Exhibits: Ordinance and Proposed FY2023 Budget Prcccntntinn Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir' No SUMMARY & RECOMMENDATION The La Porte City Council held a budget workshop on August 8, 2022 to discuss proposed budgets for the fiscal year beginning October 1, 2022 and ending September 30, 2023. The Summary of Funds, which is shown below, represents the result of the workshops and subsequent reviews held with City Council. All changes made by City Council were incorporated into the various budgets. General Fund Grant Fund Street Maintenance Sales Tax Fund Emergency Services District Sales Tax Fund Hotel/Motel Occupancy Tax Economic Development Corporation Tax Increment Reinvestment Zone Utility Airport La Porte Area Water Authority Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement Drainage Improvement Fund City Hall Fund General Debt Service Total of All Funds Revised 2022 Proposed 2023 $ 58,997,552 $ 77,496,915 18,649,875 6,427,856 7,114,819 1,375,000 1,522,308 1,665,153 982,983 930,078 2,897,204 3,872,512 2,400,895 5,332,455 9,366,780 12,789,134 89,597 125,499 1,420,659 2,008,062 4,082,237 3,723,899 9,260,969 10,752,559 498,700 1,164,983 19,917,632 12,938,629 2,878,609 2,980,000 302,053 400,000 6,765,219 1,620,000 1,100,000 19,400,000 5,027,196 5,019,488 $ 153,275,288 $ 170,022,221 There is no change in the Tax Rate, which has remained constant at $0.71 for the last (34) thirty-four years. Staff recommends City Council approving an Ordinance adopting the FY 2022-23 Budget. ACTION REQUIRED BY CITY COUNCIL Consider, discuss and possible action to adopt Ordinance 2022-3893 approving the City of La Porte's Fiscal Year 2022-23 Budget. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE 2022-3893 AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2022, THROUGH SEPTEMBER 30, 2023; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2022, through September 30, 2023, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on August 2, 2022, and a public hearing scheduled for September 12, 2022, was duly advertised and held. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and incorporated hereto by reference, is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October 1, 2022, through September 30, 2023. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares 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 ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this, the 121h day of September, 2022. ATTEST: Lee Woodward, City Secretary CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney Items Discussed During Budget Workshop on August 8th: I " Added $3.00Ofor Other Post -Employment Benefits (OPE0services " Added $3O.00Ofor Mowing Services " Special Programs in Non -Departmental increased $7,645 for the Option 3 Lump Sum • General Fund transfer to General CIP Fund increased $272,050 for Wave Pool Enhancements " Special Programs inNon-Departmental increased $4.O47for the Option 3Lump Sum • Utility Fund transfer to Utility CIP Fund increased $350,000 for the TxDot Utility Relocation project Insurance Fund .Additional Changes not previously discussed: I . Repurpose City Engineer to Associate Engineer-, no budget impact " EDC transfer to General CIP Fund increased $350,000 for Fairmont Park Ball Field Restrooms " $1O.00Oincrease for Trade Shows " $200.000 increase for Mid -Year Opportunities � mongre MI. discussed: 0 79TOTINIff MA-MMOYMMOTITOTO =- • Noincrease inproperty tax rate • No utility fund rate increase • Sales taxes to remain flat • Non -civil service employee compensation adjustment ($2.500.401). which includes market adjustments • $3.00OLump Sum for 147eligible employees with anannualized salary below $52.00OaaofO0/3O/22($540.531) • Meet& confer and market proposed increases for civil service employees ($311.254) • No change to health insurance employee contributions • Capital projects ofapproximately $44.20million ($10.4million for City Hall and $0million for Public Works Fani|ity) • Vehicle replacement of$2.O31.181 • $10.03 million tranaferfmnothe General Fund for C|P * 16.40% increase in health care cost expenditures * T7Y6increase inOil &Gas * 11&increase inMotor Pool Fees (In millions) Beginning Fund Balance Revenues Expenditures Surplus (Deficit) Ending Fund Balance Days of Working Capital Targeted Days of Working Capital The City strives to maintain 120 days of working capital. 120 days (target) = $25,478,438 1 day = $212,320 Actual Budget Estimated Projected 2020-21 2021-22 2021-22 2022-23 $ 63.81 $ 64.41 $ 64.41 $ 67.55 60.40 55.73 62.14 61.83 59.80 5922 59.00 77.50 0.59 (3.49) 3.14 (15.67) $ 64.41 $ 60.92 $ 67.55 $ 51.88 393 375 418 244 120 120 120 120 (In millions) Working Working Capital FY 22-23 FY 22-23 Capital 09/30/22 Revenues Expenses 09/30/23 Governmental Fund Types: General Fund Grant Fund Emergency Services District Street Maintenance Sales Tax Section 4B Sales Tax Hotel/Motel Occupancy Tax Tax Increment Reinvestment Total Governmental Types Enterprise: Utility Airport La Porte Area Water Authority Total Enterprise $ 67.55 $ 61.83 $ 77.50 $ 51.88 4.97 4.63 6.43 3.17 2.27 1.63 1.67 2.23 (0.15) 1.63 1.38 0.10 7.37 3.25 3.87 6.75 1.92 0.63 0.93 1.61 14.65 7.76 5.33 17.07 98.57 81.36 97.10 82.83 8.55 8.33 12.79 4.10 0.06 0.07 0.13 0.00 2.82 2.44 2.01 3.25 11.44 10.84 14.92 7.36 (In millions) Working Working Capital HY 22-23 HY 22-23 Capital 09/30/22 Revenues Expenses 09/30/23 Internal Service Motor Pool 7.86 4.82 3.72 8.95 Insurance Fund 5.07 10.37 10.75 4.68 Technology Fund 2.40 0.45 1.16 1.69 Total Internal Service 15.33 15.63 15.64 15.32 Capital Improvement: General CIP Fund (0.77) 13.71 12.94 0.00 Utility CIP Fund 0.37 2.66 2.98 0.05 Sewer Rehabilitation 0.66 0.30 0.40 0.56 Drainage Improvement Fund 0.13 1.54 1.62 0.05 2010 Certificates of Obligation (0.57) 0.70 - 0.13 City Hall 12.40 7.60 19.40 0.60 Total Capital Improvement 12.22 26.51 37.34 1.39 Debt Service: General 4.66 4.57 5.02 4.21 Total Debt Service 4.66 4.57 5.02 4.21 Total All Funds $ 142.21 $ 138.92 $ 170.02 $ 111.11 (in millions) FY 22-23 FY 22-23 Revenues Expenses Capital Improvement: General 13,707,420 12,938,629 Grant 3,902,000 5,552,000 Utility 2,661,000 2,980,000 Sewer Rehabilitation 300,500 400,000 Drainage Improvement Fund 1,542,000 1,620,000 2010 Certificates of Obligation 700,000 - Street Maintenance Sales Tax 1,628,000 1,370,000 City Hall 7,600,000 19,400,000 Total Capital Improvement 32,040,920 44,260,629 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Michael G. Dolby, Director Department: Finance Report i'""" Resolution ir" Ordinance Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Yes ir' No SUMMARY & RECOMMENDATION House Bill 3195, passed by the Texas Legislature in 2007, amends Section 102.007 of the Texas Local Government Code to require that the City Council must take a separate vote to ratify increased property tax revenues that are reflected in the budget. The FY 2022-23 budget is projected to raise more property tax revenues than in FY 2021-22; therefore, the Council is required to take a separate vote to ratify the property tax revenue increase. The projected increase in revenues from property taxes is reflected in the budget as presented. The budget for FY 2022-23 includes projected revenues from property taxes that are greater than the revenues from property taxes in the FY 2021-22 budget by $653,074 and of that amount $775,538 is tax revenue to be raised from new property added to the tax roll this year. ACTION REQUIRED BY CITY COUNCIL Consider, discuss and possible action to approve the ratification of a property tax revenue increase for FY 2022-23. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Michael G. Dolby, Director Department: Finance Report i' Resolution i' Ordinance Exhibits: Resolution & Certified Tax Roll Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir' No SUMMARY & RECOMMENDATION On August 31, 2022, the City of La Porte received the Certified Appraisal Roll from the Harris County Appraisal District. Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the Governing Body. The 2022 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal District (HCAD), shows a total appraised value of $5,491,010,520 and a total taxable value of $4,580,765,239. Staff recommends City Council approve the attached Resolution accepting the 2022 Certified Tax Roll for the City of La Porte. ACTION REQUIRED BY CITY COUNCIL Consider, discuss and possible action to approve Resolution 2022-18 accepting the 2022 Harris County Appraisal District certified appraisal roll for property situated within the City of La Porte. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date 071 THE STATE OF TEXAS,) COUNTY OF HARRIS. I HARRIS COUNTY APPRAISAL DISTRICT HOUSTON, TEXAS 2022 CERTIFICATION OF APPRAISAL ROLL AND LISTING OF PROPERTIES UNDER SECS, 26.01(c) AND (d) FOR City of La Porte Pursuant to Section 26.01 (a), Texas Tax Code, l hereby certify the 2022 appraisal roll of properties taxable by City of L.a Porte. The roll is delivered in electronic form. The total appraised value now on the appraisal roll for this unit ls: $5,491,010,520 The taxable value now an the appraisal roll for this unit is: S4,580,765,239 As required by Section 26.01(c), Texas Tax Code, f have included with your roll a listing of thcse properties which are taxable by the unit but which are under protest and are therefore not included in the appraisal roll values approved by the.appraisal review board and certified above. My estimate of the total taxable value which will be assigned to such properties if the owners'clairris are upheld by the appraisal review board is: $346,940,282 Pursuant to Section 26.01 (d), Texas Tax cocle, the esfirnated value of taxable property not under protest and not yet included on the certified appral�sal roll, after hearing loss, is S1 08,504,416 Signed this 2nd day of September, 2022 , �7-11111M. Roland Altinger, CAE, RPA, C"I A Chief Appralser ASSESSOR"ACKNOWLEDGEMENT As tax assessorlicolliector of the above -named taxing unit, i hereby acknowledge receypt of the certified 2022 appraisal roll on, this the day of 42a tr 12022 Roland Altinger, CAE, RPA, C"I A Chief Appralser ASSESSOR"ACKNOWLEDGEMENT As tax assessorlicolliector of the above -named taxing unit, i hereby acknowledge receypt of the certified 2022 appraisal roll on, this the day of 42a tr 12022 Page 1 of 3 071 CITY OF LAPORTE HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/19/2022 TAX YEAR., 2022 PROPERTY USE CATEGORY RECAP DELV DATE: 09/02/2022 CERTIFIED ROLL 00 PROPERTY USE CATEGORY UNITS ACREAGE MARKET APPRAISED PRODUCTIVITY EXEMPTIONS TAXABLE VALUE Al Real, Residential, Single -Family 10,208 2,386.0686 2,403,275,902 2.259,204,257 0 521,182,617 1,738,021,640 A2 Real, Residential, mobile Homes 65 18.7995 4,814,404 4,568,789 0 658,434 3,910,355 al Peal, Residential, Multi -Family 20 105.0918 174,879,896 174,879,896 0 0 174,879,896 B2 Real, Residential, Two -Family 52 9.0822 7,060,013 7,012,304 0 310,365 6,701,939 B3 Real, Residential, Three -Family 0 0.0000 0 0 0 0 0 B4 Real, Residential, Four- or 0 0.0000 0 0 0 0 0 More -Family C1 Real, Vacant Lots/Tracts 750 178A029 28,732,716 27,567,664 0 167,853 27,399,811 C2 Real, vacant commercial 455 522.7883 62,436,089 62,436,089 0 134,804 62,301,285 C3 Real, vacant 45 13.3155 2,908,794 2,893,743 0 3,327 2,890,416 D1 Real, Qualified Agricultural Land 32 687.5084 33,761,573 0 104,482 0 104,482 D2 Real, unqualified Agricultural Land 26 325.6457 12,041,537 12,041,537 0 0 12,041,537 El Real, Farm & Ranch Improved 5 6.8612 3,293,784 2,746,362 0 789,272 1,957,090 F1 Real, commercial 553 1,151.8446 1,103,722,353 1,102,517,697 0 82,360 1,102,435,337 F2 Real, industrial 57 605.3062 356,834,550 356,834,550 0 329,730 356,504,820 G1 oil and mineral Gas Reserves 0 0.0000 0 0 0 0 0 G2 Real Property other mineral Reserves 0 0.0000 0 0 0 0 0 H1 Tangible, vehicles 0 0.0000 0 0 0 0 0 H2 Tangible, Goods In Transit 0 0.0000 0 0 0 0 0 11 Real, Banks 0 0.0000 0 0 0 0 0 31 Real & Tangible Personal, utility 0 0.0000 0 0 0 0 0 water Page 3nr3 oo CITY vpLA,mns uARnIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 0*19/2022 TAX YEAR: naz PROPERTY USE CATEGORY RECAP oELxDATE: 09/02/2022 csmzpzev nvu vv PROPERTY USE CATEGORY UNITS ACREAGE MARKET ^ppmuso, pnODvozvor cxsmPTzONs TAXABLE VALUE volunteer Labor xs � � Community ouu,no Development o � o ouoo o o o o o Organizations xp Assisting Ambulatory Health cam u 0.0000 o o o o o Centers xa Primarily Performing Charitable z 2.0088 o^s.o*o ms.n*o o o*s.a^y u Functions x* Developing model colvoia subdivisions u 0.0000 o o o o o vz Youth Spiritual, mental and Physical u 0.0000 o o o o o oevelvnwent x, ,rmm:e schools u 0.0000 u o o o o XL Economic Development Services to n 0.0000 » o o u o Local community xm marine mmv m"tmoer, u 0.0000 u o o u o xo motor vehicles Leased for pe,,n"al o 0.0000 o o o o o Use xu Motor muue (Income Production m o 0.0000 n o o o n Personal use) x' offshore Drilling Equipment Not In o 0.0000 o u o o o Use xo zn*vmast^l waterway Dredge Disposal n 0.0000 o o o o n site x^ mmvm+i^ water or wastewater o 0.0000 o o u o o corporations m mm Cocoa and Green m**, xrlu in o 0.0000 o o o o o Harris muon' xr Limitation on `m,os in certain » ».0000 u o o o o municipalities xv Miscellaneous Exemptions u 0.0000 o o o o o xv wmor Exempt (zncl ,omic, xeliuiou,, 938 1,932.9008 309,190,458 mo.zyu.*so o 309.190.*58 o charitable) Page i of 1 071 CITY OF LAPORTE HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/1912022 TAX YEAR: 2022 UNCERTIFIED ROLL SUMMARY 00 DELV DATE: 0910212022 ESTIMATED FINAL TAXABLE VALUE TYPE UNITS MARKET APPRAISED OWNERS VALUE WITH HEARING LOSS ACCOUNTS ON HTS 1,727 441,801,712 413,204,090 389,575,925 346,940,282 ACCOUNTS ON PTS 430 62,183,950 60,863,316 58,081,045 50,308,005 OTHER ACCOUNTS 276 65,591,533 64.337,700 63,314,682 58.196,411 TOTAL UNCERTIFIED 2,433 $569,577,195 $538,405,106 $510,971,652 $455,444,698 071 CITY OF LAPORTE TAX YEAR: 2022 PROPERTY USE CATEGORY UNITS HARRIS COUNTY APPRAISAL DISTRICT PROPERTY USE CATEGORY RECAP UNCERTIFIED ROLL 00 ACREAGE MARKET APPRAISED PRODUCTIVITY Page 1 of 3 LAST UPDATED: 08/19t2022 DELV DATE: 09/02/2022 EXEMPTIONS TAXABLE VALUE At Real, Residential, Single -Family 1,265 278.2557 296.379,169 273,797,401 0 48,118,770 225,678,631 A2 Real, Residential, Mobile Homes 9 1.4624 442,030 424,616 0 22,914 401.702 Bt Real, Residential, Multi -Family 3 1.3393 843,723 843,723 0 0 843.723 82 Real, Residential, Two -Family 21 4.0371 3,688,423 3,688,423 0 0 3.688,423 B3 Real, Residential, Three -Family 0 0.0000 0 0 0 0 0 B4 Real, Residential, Four -or Mori. -Family 0 0.0000 0 0 0 0 0 C1 Real. Vacant Lots(Tracts 223 79.1095 12.064,541 12,064,541 0 20,471 12,044,070 C2 Real, Vacant Commercial 118 100,6918 13,311,184 13,311,184 0 0 13.311.184 C3 Real, Vacant 13 14.2647 736,783 736,783 0 0 736,783 01 Real, Qualified Agricultural Land 8 83.6095 8.853,390 0 315,865 0 315,865 D2 Real, Unqualified Agricultural Land 12 231.7695 6.344,401 6,344.401 0 1,450,907 4,893,494 E1 Real, Farm & Ranch Improved 0 0.0000 0 0 0 0 0 F1 Real, Commercial 194 283.8689 125,257,960 125,249,711 0 88,862 125,180,849 F2 Real, Industrial 2 274.0000 11,499,212 11,499.212 0 0 11.499,212 G1 Oil and Mineral Gas Reserves 0 0.0000 0 0 0 0 0 G2 Real Property Other Mineral Reserves 0 0.0000 0 0 0 0 0 H1 Tangible. Vehicles 0 0.0000 0 0 0 0 0 H2 Tangible, Goods in Transit 0 0.0000 0 0 0 0 0 11 Real, Banks 0 0,0000 0 0 0 0 0 J1 Real & Tangible Personal, Utility Water 0 0.0000 0 0 0 0 0 071 CITY OF LAPORTE TAX YEAR: 2022 PROPERTY USE CATEGORY UNITS HARRIS COUNTY APPRAISAL DISTRICT PROPERTY USE CATEGORY RECAP UNCERTIFIED ROLL 00 ACREAGE MARKET APPRAISED PRODUCTIVITY Page 2 of 3 LAST UPDATED: 08/1912022 DELV DATE: 09/02/2022 EXEMPTIONS TAXABLE VALUE J2 Gas Companies 0 0.0000 0 0 0 0 0 J3 Electric Companies 0 0.0000 0 0 0 0 0 J4 Telephone Companies 0 0.0000 0 0 0 0 0 J5 Railroads 0 0.0000 0 0 0 0 0 J6 Pipelines 1 0.0000 410,080 410,080 0 0 410,080 J7 Major Cable Television Systems 0 0.0000 0 0 0 0 0 Lt Tangible, Commercial 508 0.0000 83,913,199 83.913,199 0 4,586,704 79,326,495 L2 Tangible, Industrial 13 0.0000 4.003,718 4.003,718 0 1,057 4,002,661 Mt Tangible, Nonbusiness Watercraft 0 0.0000 0 0 0 0 0 M2 Tangible, Nonbusiness Aircraft 0 0.0000 0 0 0 0 0 M3 Tangible, Mobile Homes 14 0.0000 347,347 347,347 0 35,442 311,905 M4 Tangible, Miscellaneous 0 0.0000 0 0 0 0 0 NI Intangibles 0 0.0000 0 0 0 0 0 01 Inventory 0 0.0000 0 0 0 0 0 02 Inventory 1 O.oD00 122,554 122.554 0 13,431 109,123 S1 Dealerinventory 6 0.0000 69,045 69,045 0 167 68,878 U0 Unknown 0 0.0000 0 0 0 0 0 XA Public Property for Housing Indigent Persons 0 0.0000 0 0 0 0 0 XS Income Producing Personal Property (K$2500) 0 0.0000 0 0 0 0 0 XC Mineral Interest (<$500) 0 0.0000 0 0 0 0 0 071 CITY OF LAPORTE TAX YEAR: 2022 PROPERTY USE CATEGORY UNITS HARRIS COUNTY APPRAISAL DISTRICT PROPERTY USE CATEGORY RECAP UNCERTIFIED ROLL 00 ACREAGE MARKET APPRAISED PRODUCTIVITY Page 3 of 3 LAST UPDATED: 08119/2022 DELV DATE: 09/0212022 EXEMPTIONS TAXABLE VALUE XD Improving Property for Housing w1 Volunteer Labor 0 OA000 0 0 0 0 0 XE Community Housing Development Organizations 0 0,0000 0 0 0 D 0 XF Assisting Ambulatory Health Care Centers 0 0.0000 0 0 0 0 0 XG Primarily Performing Charitable Functions 0 0.0000 0 0 0 D 0 XH Developing Model Colonia Subdivisions 0 0.0000 0 0 0 D 0 XI Youth Spiritual, Mental and Physical Development 0 0.0000 0 0 0 D 0 XJ Private Schools 0 0.0000 0 0 0 0 0 XL Economic Development Services to Local Community 0 0.0000 0 0 0 0 0 XM Marine Cargo Containers 0 0.0000 0 0 0 0 0 XN Motor Vehicles Leased for Personal Use 0 0.0000 0 0 0 0 0 XO Motor Vehicles (Income Production & Personal Use) 0 0.0000 0 0 0 0 0 XP Offshore Drilling Equipment Not in Use 0 0.0000 0 0 0 0 0 XQ Intracoastal Waterway Dredge Disposal Site 0 0.0000 0 0 0 0 0 XR Nonprofit Water or Wastewater Corporations 0 0.0000 0 0 0 0 0 XS Raw Cocoa and Green Coffee Held in Harris County 0 0.0000 0 0 0 0 0 XT Limitation on Taxes in Certain Municipalities 0 0.0000 0 0 0 0 0 XU Miscellaneous Exemptions 0 0.0000 0 0 0 0 0 XV Other Exempt (Ind Public, Religious, Charitable) 22 7.7257 1.290,436 1,263.303 0 1,188,229 75,074 JURISDICTION TOTALS: 2.433 1.360.1341 5569,577,195 $538.089,241 $315,865 $55.526.954 $482.878,152 RESOLUTION 2022-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2022 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte, for approval, the 2022 tax appraisal roll; and WHEREAS, the City Council is of the opinion that the 2022 appraisal roll with the amounts shown therein should be adopted; WHEREAS, the Harris County Appraisal District has certified to the City Council that there was situated in the City of La Porte, Texas, as of January 1, 2022, property with a total appraised value of $5,491,010,520 and a total taxable value of $4,580,765,239. WHEREAS, new personal property added to the appraisal roll had a total taxable value of $910,349,763 as of January 1, 2022; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. The 2022 tax appraisal roll, showing that there was situated in the City of La Porte, Texas, as of January 1, 2022, property with a total appraised value of $5,491,010,520 and a total taxable value of $4,580,765,239, as submitted by the Harris County Appraisal District, is hereby adopted; Section 2. The City Council officially finds, determines, recites and declares 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 offices of City of La Porte 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 ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 121h day of September, 2022. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2022 Requested By: Michael G. Dolby, Director Department: Finance Report ir" Resolution i° Ordinance Exhibits: No -New -Revenue Tax Rate Calculation Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY & RECOMMENDATION The City of La Porte's tax assessor collector calculated the no -new -revenue tax rate at $0.712 and the voter -approval rate at $0.809. The no -new -revenue tax rate would impose the same amount of taxes as last year if you compare properties taxed in both years. The voter -approval tax rate is the highest tax rate a taxing unit can adopt without holding an election. The proposed tax rate is $0.71; therefore, a public hearing on the tax rate is not required. The fiscal year 2022-23 proposed budget was built around a tax rate of $0.71. The breakdown of the tax rate is as follows: Maintenance and operations = $0.622 Interest and sinking = $0.088 In accordance with current legislation, staff will place a notice in the paper informing the public of the date and time the governing body will vote and approve the tax rate. Staff anticipates publishing the notice seven (7) days prior to the public meeting, which will take place on September 26, 2022. Finally, be advised that tonight's action regarding the approval of the proposed tax rate will be a record vote that will be published on the notice regarding the public meeting on the 26tn ACTION REQUIRED BY CITY COUNCIL Consider, discuss and possible action to approve the City's proposed ad valorem tax rate of $0.71 cents for the 2022-23 Fiscal Year. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Notice about 2022 Tax Rates Property tax rates in City of La Porte. This notice concerns the 2022 property tax rates for City of La Porte. This notice provides information about two tax rates used in adopting the current tax year's tax rate. The no -new -revenue tax rate would Impose the same amount of taxes as last year if you compare properties taxed in both years. In most cases, the voter -approval tax rate is the highest tax rate a taxing unit can adopt without holding an election. In each case, these rates are calculated by dividing the total amount of taxes by the current taxable value with adjustments as required by state law. The rates are given per $100 of property value. This year's no -new -revenue tax rate $0.712/$100 This year's voter -approval tax rate $0.809/$100 To see the full calculations, please visit hams.trueprodigy-taxtransparency.com for a copy of the Tax Rate Calculation Worksheet. Unencumbered Fund Balances The following estimated balances will be left in the taxing unit's accounts at the end of the fiscal year. These balances are not encumbered by corresponding debt obligation. Type of Fund Balance General Fund 51,883,845 Debt Fund 4,210,657 Current Year Debt Service The following amounts are for long-term debts that are secured by property taxes. These amounts will be paid from upcoming property tax revenues (or additional soles tax revenues, if applicable). Principal or Contract Interest to be Other Amounts Description of Debt Payment to be Paid Paid from to be Paid Total Payment from Property Taxes Property Taxes General Obligation 1,420,000 109,350 0 1,529,350 Refunding Bond Series 2012 General Obligation 975,000 69,225 0 1,044,225 Refunding Bond Series 2014 Certificate of Obligation 410,000 137,063 0 547,063 Series 2015 General Obligation Refund 0 94,050 0 94,050 Bonds Series 2016 TWDB Loan 2017 505,000 111,725 0 616,725 General Obligation 435,000 80,200 0 515,200 Refunding Bond Series 2020 Certificate of Obligation 225,000 447,875 0 672,875 Bonds Series 2021 Total required for 2022 debt service $5,019,488 - Amount (if any) paid from funds listed in unencumbered funds $0 - Amount (if any) paid from other resources $785,255 - Excess collections last year $180,911 = Total to be paid from taxes in 2022 S4,053,322 + Amount added in anticipation that the unit will $4 collect only 100.00% of its taxes in 2022 = Total debt levy $4,053,322 This notice contains a summary of actual no -new -revenue and voter -approval calculations as certified by Charlene Piggott, Director Tax Services on 09/022022 . Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property. The 86th Texas Legislature modified the manner in which the voter -approval tax rate is calculated to limit the rate of growth of property taxes in the state.