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Res 2023-01-1364 Texas Community Dev Blk Grant Community Dev Fund 2023-2024- Texas Dep of Agriculture
CITY OF ANNA, TEXAS RESOLUTION NO. 24 2Z> -- 01— l 3(pLj A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING PROFESSIONAL SERVICE PROVIDER SELECTION FOR A 2023/2024 TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM —COMMUNITY DEVELOPMENT FUND GRANT THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE WHEREAS, participation in the Texas Community Development Block Grant Program — Community Development Fund (CDBG) requires implementation by professionals experienced in the administration/project delivery of federally -funded projects and creation of planning documents; and, WHEREAS, in order to identify qualified and responsive providers for these services a Request for Proposals (RFP) process for administration services has been completed in accordance with the Texas Department of Agriculture requirements; and, WHEREAS, the proposals received by the due date have been reviewed to determine the most qualified and responsive provider for the professional service giving consideration to ability to perform successfully under the terms and conditions of the proposed procurement, integrity, compliance with public policy, record of past performance, and financial and technical resources; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated That Public Management, Inc. is selected to provide application and project -related administration/project delivery services for a 2023/2024 CDBG grant for the City of Anna. Section 2. Authorization of Agreement and Funding. That the City Council of the City of Anna hereby authorizes the Interim City Manager to execute an agreement with Public Management, Inc. to provide application and project - related administration/project delivery professional services for a 2023/2024 CDBG grant for the City of Anna not to exceed $35,000. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this aLP'_1' day of January 2023. /ATTEST: * * ,� APPROVE fYY OFF ** City Secretary, Carrie Land ��T.�1 �",'�!�? ���Twlayor, Nate Pike 1913 THE CITY OF THE CITY OF Anna Anna �EDC ", CDC GROUNDBREAKING GROUNDBREAKING P O S S I B I L I T I E S P O S S I B I L I T I E S Dear Administrative Service Provider: Attached is a copy of the City of Anna's Request for Proposals for application and project implementation for administrative services. These services are being solicited to assist the City in its application and administration of a contract, if awarded, from 2023/2024 Texas Community Development Block Grant Program funded and administered by the Texas Department of Agriculture. Please submit a proposal of services and a statement of qualifications to: Email a digital copy to: kgarduno@annatexas.gov The deadline for submission of proposals is Friday. January 6, 2022, at 3:00 p.m. Email the proposal in .pdf format to the email address above. Your submission content may be the TDA A507 response form, or a tailored proposal, the choice is up to you. The Entity reserves the right to negotiate with any and all persons or firms submitting proposals, per the Texas Professional Services Procurement Act and the Uniform Grant and Contract Management Standards. Along with your proposal, you must also include verification that your company as well as the company's principal or principals are not listed (is not debarred) through the federal government's System for Award Management (www.SAM.Rov). Please include a printout of the search results. Please confirm receipt of this email. Kimberly Garduno, Economic Development Coordinator Entity Contact Person A REQUEST FOR PROPOSAL: momCity of Anna APPLICATION PREPARATION & ADMINISTRATIVE SERVICES TEXAS DEPARTMENT OF AGRICULTURE (TDA) 202312024TxCDBG COMMUNITY DEVELOPMENT FUND (CD) 1 PUBLIC.............................................................................. ~- MANAGEMENT O O F6T.1982 December 29, 2022 Kimberly Garduno, MPA Economic Development Coordinator City of Anna 120 W.Seventh Street Anna, Texas 75409 RE: City of Anna Professional Grant Administration Services for Texas Community Development Block Grant (TxCDBG) 2023 / 2024 Community Development Fund Dear Ms. Garduno: We are excited for the opportunity to submit this proposal to the City of Anna for Grant Administration Services. We have assembled a highly qualified team that will be dedicated to identifying, pursuing, and implementing funding opportunities to address your community development goals and needs. To date, Public Management, Inc. has guided its clients to over $850 million in various funding initiatives which span multiple state and federal sources. Of this amount over $142 million is associated to community development projects. All project previously managed by Public Management, Inc. have been closed out on time and within budget. For forty years our Team has been dedicated to the mission of Building Vibrant and Sustainable Communities. Our performance and longevity are examples of our ability to deliver the needs of our clients and achieve our mission. Additionally, our extensive knowledge of the regulations and procedures of federal programs makes us well-equipped to assist the City with both day-to-day program management as well as high level policy issues. The Public Management, Inc. team has implemented state and federal programs throughout the Region for decades. Strategically located in north Texas, our Team will be able to effectively and efficiently assist all coordination related to this funding. As President and CEO for Public Management, Inc., I have full authorization to commit the necessary staff resources to ensure that these services meet the City's standards. Additionally, I will certify our proposed costs of services ($35,000.00 / 7% of grant request), as detailed in Section V & VI of the included Administrative Services contract (See Proposed Cost of Services tab), for a period of ninety (90) days and will acknowledge the terms and conditions resulting in an awarded contract. We look forward to working on this much needed project! Respectfully, Patrick K. Wiltshire President and CEO HOUSTON publicmgt,com 15355 Vantage Pkxy W. Ste 360 Info@pubOcmgLcom Houston, TX 7702 (281) 592-0439 INTRODUCTION 6 REFERENCES REQUIRED FORMS APPROACH & METHODOLOGY PROPOSED COST OF SERVICE If, THE TEAM EXPERIENCE "Public Management, Inc. has been an excellent partner for Chambers Counlyfor more than a decade. Their team offers a wealth of knowledge and does an excellent job of guiding our County through the grant application, administration, and auditing process. They are always accessible and answer every question that we have. We are looking forward to continuing to work with Public Management, Inc. in the future." - Chambers County ABOUT US Public Management, Inc. was founded to help Texas communities navigate the challenges faced when pursuing prosperity for their cities and towns. We empower our clients to grow and improve the quality of life for their residents through sounds planning, financing, and management initiatives. We believe in the potential of every Texas city and town and exist to Build Vibrant and Sustainable Communities. Public Management, Inc. is more than a consultant. We do more than grant management and offer much more than typical planning services. We help communities, big and small, in the pursuit of prosperity. THE PUBLIC MANAGEMENT, INC. TEAM JAKE MCADAMS Regional Project Manager LISETTE HOWARD Project Manager MICHAEL MIGAUD Project Manager DALTON AIKEN Project Manager 1 GIS Technician Public Management, Inc. will commit the Team consisting of Jake McAdams, Lisette Howard, Michael Migaud, and Dalton Aiken. Each member of the Team reports to or works in the North Texas region, with the main office located in Granbury, Texas. As a group, this Team has secured and delivered impactful community projects for various cities and counties within the region. Public Management, Inc. is uniquely positioned to deliver superior Grant Administration Services for the City for the following reasons: 1) Location - Granbury, Texas - easily accessible to City offices; 2) Experience securing and managing TDA TxCDBG contracts - over $140 million; 3) Project and Location Familiarity - Public Management, Inc. Has worked in the region for decades and understands the needs of the communities within the area. (2) DECADES OF EXPERIENCE Public Management, Inc. has been committed to aiding Texans since 1982. Our team collectively has decades of experience managing over 1,000 projects for more than 225 cities and towns across the state. With client funding ranging from $10,000 to $100 million, our people are equipped with the right tools and knowledge to ensure the successful implementation of federally funded projects. @ (3 COMMUNITY DEVELOPMENT SUCCESSFUL IMPLEMENTATION Nearly two-thirds of all contracts secured and managed by Public Management, Inc. are for community development initiatives. Our company has been part of the Community Development Block Grant (CDBG) program since 1982. Over that time we have secured over $140 million for our clients ranging from water and sewer improvements, to streets and drainage activities, as well as first time service assistance. The Public Management, Inc. Team has successfully secured and managed Community Development Block Grant (CDBG) programs for four decades. All projects administered by our company have been closed on time, within budget, and with no financial penalties. Our experience with CDBG, and our familiarity with the Program administered by the Texas Department of Agriculture (TDA), make us well equipped to serve the City. I Public Management, Inc. is currently managing over 200 contracts totaling more the $400 million across the State of Texas. Our Granbury, Texas office leads all Communi Development and Planning efforts for the company. Our proximity to Central, North, ar. West Texas allows for swift deployment of personnel to assist with all aspects of progr& implementation. The detail below covers Public Management, Inc.'s performance durir the historic program as well as highlights the services that are currently being provided. Team has developed and submitted 500 CD Fund .ications since 2007. These applications aimed to :fit more than 1 million people across 250 jurisdictions. previously awarded contracts have been initiated to Kick-off meetings held. Our Team has submitted all liminary administrative start-up documents and the lineers are fully contracted and actively working through project design. e to our experience with TDA TxCDBG programs, as well our familiarity with their System Management (TDA-GO), have requested and received millions of dollars to cover ject costs (administration, engineering, environmental, i construction). We are able to effectively track the oices and document the payments for the TDA to ,nburse to our clients. the 500 applications submitted over this time span, nearlt /o were awarded a contract from TOA. Our award ratio far :eels the average within the State of Texas. This further Ives the ability of our Team to understand these programs f deliver the needs of our clients. Eiji EW All environmental services are being preformed in-house with Public Management, Inc. staff. All active TxCDBG contracts are currently working through the environmental process and some have already received environmental clearance and are pending construction procurement. Active TxCDBG contracts are in compliance with TDA igram requirements. Contract timelines remain unphased d we anticipate having many contracts under constructior contracts closed in the next 9 months. A COMPANY FOR THE FUTURE Public Management, Inc. has been committed to Texas for Decades. With our Team of energetic and purpose driven individuals, we are positioned to provided unparatteled service. Our passion runs deep and our commitment is guaranteed. We are excited for the next forty years. BY THE NUMBERS OVERVIEW 1982 - Present COMMUNITIES IMPACTED 1982 - Present 60 20 1982 2021 Government Codes Employer Identification Number: 76-0361938 Cage Code: 60DN5 Duns Number: 945630507 NAICS: 541611 PROJECTS BY REGION 1982 - Present CLIENT FUNDING 1982 - Present Financial Solvency Public Management, Inc. has been in continuous operation for nearly 40 years. The corporation maintains stringent fiscal policy with prudent budget operations. Public Management, Inc. has a healthy financial outlook with little to no debt. Litigation History Conflicts None None :K m "The City of Baytown has successfully worked with Public Management, Inc. over 10years. Public Management has assisted with obtaining new funding sources, managing the complicated grant funding for infrastructure projects, and monitoring all disaster funding for Baytown. Their team is composed of consummate professionals and deliver excellent, knowledgeable customer service. Theyhave been a great liaison with the county and state officials as they speak their language and have a crystal-clear understanding of the convoluted regulations." - City of Baytown WE HELP COMMUNITIES IN PURSUIT OF PROSPERITY. In addition to securing funds to help meet their goals, communities count on our team to plan, research, navigate and manage the entire process. METHODOLOGY The Team will immediately begin conducting application assessment and project development meetings to familiarize all parties with the schedule of the proposed funding source, necessary documents, and procedural compliance. These will set the stage for comprehensive understanding of the program and allow the City to secure funding in a timely manner. The Team will maintain constant communication to ensure all parties are aware of the project status for successful application submittal. Once an application is submitted, the Team will monitor the review process and report the status back to the City. If an application is scheduled for award, the Team will notify the City of the results and discuss next steps and important procedures to undertake in order to be prepared for contract initiation. Upon successful contract development, the Team will work with the funding agency to ensure that all review and approval requirements are met so that awards will be made. The Team will utilize a project management system to track projects from application development to contract closeout. This system will ensure accountability and efficiency for the City. O APPLICATION PREPARATION Securing funding is critical to recovery. Our Team has a proven process to identify project needs and develop award wining applications. CONTRACT MANAGEMENT The Team will ensure the contract remains in full compliance with all applicable state and federal regulations as well as meet the timeline & budget requirements. PROJECT MANAGEMENT Our Team has decades of experience guiding our clients through the road to recovery. We have secured over $050 million in project initiatives. 111 Application Prepaxatio I The Team will prepare the application as directed by the City to apply for the available funding adherent to the state and federal agencies guidelines. The Team will coordinate all activities and other service providers with regard to the preparation of the application. L— SCHEDULE DEVELOPMENT Evaluate funding requirements and develop an application timeline. Focus will be given to major development milestones with required deliverables. PROGRAM REVIEW Present program details and application requirements. Cover submission requirements and critical document development. MEETING COORDINATION Facilitate meetings (stakeholders, engineer, staff, etc.) to ensure application and schedule compliance. CITIZEN PARTICIPATION Coordinate public meetings and outreach efforts that are defined in local Citizen Participation Plan. In some cases, this may include the development of appropriate citizen participation plans. _ PROJECT DEVELOPMENT Work with the engineer and staff to identify and prioritize needs. Develop an action plan to address these needs and implement the community needs assessment strategy. BENEFICIARY REVIEW Assess project impact area to determine appropriate beneficiary methodology. Review census data to determine applicability and advise on the necessity of project area income survey. L� PRELIMINARY ENVIRONMENTAL REVIEW Conduct environmental impact analysis to determine project effects in flood prone regions, wetlands, as well as endangered species. 8� MAPPING Generate quality maps which depict the project and benefit area. Maps will be used to detail project location as well as environmental impact. 9 APPLICATION COMPLETION & SUBMISSION Compile finalized application material, including approved budget and project impact detail, and prepare for submission. Complete electronic records will he maintained for reference. MINIMUM ADMINISTRATIVE DUTIES The Team will coordinate all program elements to effectuate successful project development. This includes stakeholder meeting to determine goals/objectives, reporting and project progress dissemination, as well as the overall contract maintenance. The development of clear communication between the City and any other appropriate service providers will allow the Team to act as the liaison in all matters concerning the project. RECORD KEEPING The Team will assist the with developing and maintaining all records generated by the program. This includes all records required by the funding agency and the District (i.e. program management records) in both physical and digital formats. FINANCIAL MANAGEMENT The Team will assist with the development and maintenance of the contract ledger, general journal, cash receipts and all other necessary financial documents. Additionally, the Team will develop and submit payment requests in line with contract milestones, as well as monitor the City's financial system. CONSTRUCTION MANAGEMENT The Team will coordinate and supervise the project to ensure designated activities are realizing the intended outcomes as stated in contract documents and application. This includes on -site visitations, document control and scope realignment, and project meetings. REAL PROPERTY ACQUISITION (AS APPLICABLE): The Team will assist with preliminary acquisition assessment as well as the development and/or coordination of acquisition of real property. This includes following appropriate federal regulations and detailed by the Uniform Act (i.e. administrative coordination of parcel selection, value determination, outreach/correspondence, offer/settlement). ENVIRONMENTAL SERVICES The Team will prepare all documents and correspondence for environmental review and clearance as well as maintain close coordination with local officials, project engineer and other members of the project team to assure appropriate level of environmental review is performed. This project element will abide by the National Environmental Policy Act (NEPA) or any other Federal, State or local regulation as applicable. On -site visits and appropriate consultation will he conducted to ensure environmental clearance. CIVIL RIGHTS REQUIREMENTS The Team will structure the program so that all procurement procedures, contracts, and polices will be in accordance with state and federal regulations associated thereto. This includes processes that ensure the District and its contractors make affirmative efforts to employ Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises. L PROCUREMENT/BIDDING/CONTRACTING: The Team will advise on the implementation of appropriate procurement procedures to obtain professional and construction services necessary to complete the project(s). This includes ensuring'compliance with Local Government Code Chapter 252 as well as 2 CFR 200.320. LABOR STANDARDS MONITORING: The Team will ensure that all labor standards laws and regulations are observed during the course of the project. The program will be structured so that all procurement procedures and contracts will meet equal opportunity requirements. This includes compliance with the Davis - Bacon Act, Fair Labor Standards Act, Contract Work Hours & Safety Standards Act, as well as other prevailing labor requirements. 10. FORCE ACCOUNT (AS APPLICABLE): The Team will assist the City in preparing force account documentation for the project and will consolidate this information for suitable presentation to the funding agency. Record development, review and maintenance will be coordinated to ensure project milestones are tracked and costs are reimbursed. 11. CONTRACT CLOSE-OUT ASSISTANCE: The Team will develop and maintain all necessary reports required by the funding agency to close out the project. This includes conducting final project inspections, evaluating contract completion documents, and coordinating stakeholder review. Lastly, the Team will work with the District in preparing the annual audits and necessary actions to ensure the project reaches the "Administratively Closed" status. DURATION IN MONTHS -MMEmm®®®®mm®mM®®®®®M®®®® MEMO Ii, __________________________--_______. PROCUREMENT j Determine Method Publication & Solicitation Ir------ Receipt & Review ; Recommendation & Award Contract Execution •---------------------------------• CONTRACT AWARD j Contract Execution j Award Call/Kickoff Meeting - On -Site Visit ERR Start -Up ------ PS & Budget Review Update Maps as Necessary Confirm Alternate as Necessary ------------------------------------ APPLICATION DEVELOPMENT - Eng. Project Justification - High Quality Maps - Service Area/Benefit Map Alternate Project List - CUP Plan -BeneficiaryVerification _____ - Public Hearing Application Development Resolution I Final Notice Application Submission ----------------------------------- ----------------------------------- ENVIRONMENTAL & DESIGN Final Project Verification - Tribal/Agency correspondence - 30% Design Review - Mitigation as necessary ; - FONSI posting - RROF Ir______ - Submittal - 60%Design Review ; -AUGF Provide Final ERR to Eng. 100% Design Approval ----------------------------------- ..---------------------------------- START OF CONSTRUCTION - Contract Execution - Confirm Award Minutes - Pre -Construction Conference - NTP ' - FIR & Related Financial Forms ----------------------------------- ; ..---------------------------------; i 100% COMPLETE - Payroll Review - Final Inspection - COCC & As -Builds ------ - FWCR - Final Payments - Final FIR •---------------------------------.. -------------------------------- PRELIMINARY ADMINISTRATION Establish Record -keeping Financial Start -Up Project Specific Forms Civil Rights Activities/Resolutions Design Start ' Establish Reporting Procedure ----------------------------------- ..-------------------------------- PROJECT BID Provide Contract & Bid Specs Verify Project Scope & Location j Wage Rate Issuance ----- Advertisement Wage Rate Verification Bid Opening SAM Verification ' Award Recommendation & Bid Tab ------------------------------------ ----------------------------------- 50% COMPLETE Payroll Review Regular Site Visit ; ------; - Process Invoices & Payment Requests - Verify Payroll Certification Obtain Inspection Reports Verify Project Change Orders - FIR Verification ; •-------------------------------.. •-------------------------------- CONTRACT CLOSEOUT - PCR ------ - Final PH Contract Ledger ' Civil Rights o -O -n ;;O C/) o rm �v o CCn - n m o m n O C) 'Thighlyrecommend Public Management, Inc. services to any organization. We've worked with them for over two decades, and had a great experience. Their knowledge has enabled us to receive grants for utility lines in our low to moderate income areas multiple times, where there is areal need. The impact this has made on our community can'tbe put into words. The team at Public Management, Inc. is always professional, organized and highly experienced. We look forward to working with them on all our grant needs in the future." - City of El Campo PUBLIC.................................................................... •^ MANAGEMENT • O Esi.wos � O December 29, 2022 Kimberly Garduno, MPA Economic Development Coordinator City of Anna 120 W. Seventh Street Anna, Texas 75409 RE: Proposed Cost Structure, Letter of Profit Statement and Negotiation Dear Ms. Garduno: Public Management, Inc.'s proposed fee for Application Preparation and Administrative Services are based on the pursuit of the TxCDBG Community Development Fund program in the amount of $500,000.00. A fixed fee of $35,000.00 is being proposed to assist with all aspects of grant management (there is no fee for application preparation). This cost would be 7% of the City's grant request amount and less than the TDA's recommended Administrative Service cap. To comply with federal procurement regulations at 2 CFR 200.323, a non -Federal entity must evaluate costs and negotiate profit as a separate element of the price for each contract in which there is no price competition and in cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. As detailed on the following pages (sample contract), our fee schedule and hourly rates are in -line with other established schedules bysimilarfederal programs (FMEA, CDBG, etc.). Of this fee, our level of profit for is approximately 5-10%. We believe this profit level is justifiable for several reasons: the extensive work Public Management, Inc. undertakes in preparing project start-up and mapping documents; the environmental review process; complete contract management and coordination with all vendors and contractors; labor standards requirements; financial management oversight; procurement compliance; contract closeout; as well as our investment in hiring and training highly qualified project managers; and the quality of our past work as demonstrated in our proposal. Since the City must review our proposed costs and consider our profit and negotiate it separately from our overall contract price, please accept this letter as the attachment to our proposed fee. Respectfully, 1-2 e5j Patrick K. Wiltshire President HOUSTON publicmgtcpm 15355 Vantage Pkw W. Ste 360 info@publicmgtcom Houston, TX 77032 (2811592-0439 PUBLIC ]1IR MANAGEMENT EST.19S] Contract This contract ("Contract") is made and entered effective 2023 by and between PUBLIC MANAGEMENT, INC., a Texas corporation, of Houston, Harris County, Texas ("Consultant") and the CITY OF ANNA, ("Client") for the purpose of retaining Consultant to render Application Preparation and Administration Services to the Client for Texas Community Development Block Grant Program (TxCDBG) —Community Development Fund (CD Fund), administered by the Texas Department of Agriculture (TDA). Client and Consultant agree that Consultant will provide services to Client on the terms and conditions outlined in this Contract. Consultant will provide Client with administrative services as follows: PRE- FUNDING SERVICES: Application Preparation: The Team will prepare the application as directed by the Client to apply for available funding sources adherent to the state and federal agencies guidelines. The Team will coordinate all activities and other service providers with regard to the preparation of the application, including, but not limited to: • Review of proposed project for program compliance and will work with Client staff to provide an overview; • Advise on important deadlines and procedures; • Schedule project meetings with client staff to evaluate proposed project andtimeframes. • Prepare project description in conjunction with staff and projectengineer; • Evaluate project objective and develop timelines/milestones; • Prepare project maps in ArcGIS and PDFformat; • Prepare necessary preliminary Environmental Compliance documentation; • Conduct public hearings (as applicable) for application submission and attend Client meeting to address application development; • Package complete application with all pertinent supplemental documentation for client to review prior to submission; • Identify and document beneficiaries; • Advise client on funding availability, anticipated scoring, selection and award process. POST FUNDING SERVICES GENERAL ADMINISTRATION SERVICES -, rties: The Team will coordinate, as necessary, between Client and any other appropriate service providers (i.e. Engineer, Environmental, etc.), contractor, subcontract and/or administrative agency to effectuate the services requested. • Oversee the project and achieve all of the project goals within the constraints given by the funding agency; • Develop and implement project phases to plan, budget, oversee, and document all aspects of the specific project; • Coordinate all activities related to the project's successful completion with all other professionals and organizations associated with this project. Public Management, Inc. Administrative Services JI�PUBLIC MANAGEMENT EST.1902 Contract Recordkeeph The Team will assist the Client with maintaining all records generated by the program. This includes all records required by the funding agency and the Client (i.e. program management records). • Complete filing system will be developed and maintained at Client's office; • Both physical and electronic form of records will be developed and accessible; • Records will be updated as necessary to ensure compliance with funding source and administrative agency; • Records will be retained for the appropriate period of time as dictated by the funding agency, with electronic records available for perpetuity. Financial Management: The Team will assist the Client in keeping the general journal, general ledger, cash receipts journal and all other necessary financial documents, as well as monitor the Client's financial system. • Utilize and assist with the agency's system of record to complete milestones, submit documentation, reports, draws, change requests, etc.; • Request fund expenditure in -line with project milestones; • Develop a detailed Contract Ledger; • Establish a filing system that accurately and completely reflects the financial expenditures of the program and project(s). • Keep track of disbursement of funds and ensure that the vendors are paid within the required timeframe set out by the funding agency. The Team will coordinate and supervise the project to ensure designated activities are realizing the intended outcomes as stated in contract documents. We will oversee specialized contractors and other personnel and allocate necessary resources. • Assist the Client in submitting/setting up project applications in the Agency's system of record; • Coordinate the development, completion, and execution of contract documents to ensure supporting documentation is in order; • Conduct regular on -site visitations and assessments; • Development and maintenance of construction management status log; • Recommendation and development of scope realignments as prescribed by the project's complexities. CONTRACT ADMINISTRATION SERVICES Administrative Duties: The Team will work with the Client's staff to provide the necessary administrative and planning services to see the project to completion. The Team will meet with officials on a regular basis to review progress on the objectives of the project and then take actions to see that those objectives are met. • Act as the Client's liaison to the funding agency in all matters concerning theproject; • Coordinate communication via email, conference call, facsimile, and direct meetings to ensure the project is on schedule and all parties are properly informed; • Prepare and submit any necessary reports required by the funding agency during the course of the project (i.e. Monthly/Quarterly Progress Reports, Project Monitoring Reports, Project Completion Reports, etc.); Public Management, Inc. Administrative Services 2 JIPPUBIC MANLAGEMENT EST.198] Contract • Provide Client staff specific instructions on the necessary administrative procedures that will assure a successful project; • Establish and maintain record keepingsystems; • Assist with resolving monitoring and auditfindings. Real Property Acquisition (as applicable): The Team will assist the Client in the preliminary acquisition assessment as well as the development and/or coordination of acquisition of real property (real property in the context of acquisition refers to permanent interest in real property as well as certain less -than -full - fee interests in real property). • Adherence to the Uniform Act (URA) which guides the acquisition of real property that may be necessary to the needs of the project; • if it is determined that property needs to be acquired, Public Management, Inc. will perform the following services according to the URA for an additional fee. • Development and maintenance of appropriate file materials to ensure compliance with federal, state, and program requirements; • Administrative coordination of parcels, values, correspondence; • Coordinate property appraisals and determine just compensation; • Ensure easement/right of way boundaries are in line with proposed project andsurvey; • Completion and/or file closure of acquired property. Environmental Services: The Team will prepare all documents and correspondence for environmental review and clearance as well as maintain close coordination with local officials, project engineer and other members of the project team to assure appropriate level of environmental review is performed. This project element will abide by the National Environmental Policy Act (NEPA) or any other Federal, State or local regulation as applicable. • Review each project description to ascertain and/or verify the level of environmental review required: Exempt, Categorical Exclusion not Subject to 58.5, Categorical Exclusion Subject to 58.5, Environmental Assessment, and Environmental Impact Statements; • Prepare and maintain a written environmental reviewrecord; • Consult and coordinate with oversight/regulatory agencies to facilitate environmental clearance; • Conduct site -visits as necessary to ensure environmental compliance; • Prepare all responses to comments received during comment phase of the environmental review, including State/Federal Agency requiring further studies and/or comments from public or private entities during public comment period; • Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR 58.43; • Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required; • Assist in compliance with flood plain and wetlands management reviewguidelines; • Not included in this service are archeological, engineering, or other special service costs mandated by environmental review record compliance agencies. Civil Rights Requirements: The Team will structure the program so that all procurement procedures, contracts, and polices will be in accordance with state and federal regulations associated thereto. Ensure that the contractors make affirmative efforts to employ Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises. Public Management, Inc. Administrative Services JIID PUBLIC MANAGEMENT es7.1cez Contract • Set up Civil Rights & Citizen Participation File; • Designate a Civil Rights Officer (CRO); • Adopt policies and grievance procedures regarding Citizen Participation; • Adopt Policies and Pass Resolution/Proclamation/Ordinances regarding Civil Rights; • Publish Citizen Participation and Civil Rights Notices; • Place necessary documentation in Bid Packets for Contractors; • Include required clauses in Construction Contracts between Grant Recipient and Contractor; • Take action to Affirmatively Further Fair Housing; • The Team will be diligent and consistent in implementing the project's civil rights responsibilities and will undertake further action and reporting requirements. Procurement/Bidding/Contracting: Procurement is the process through which an entity obtains goods and services from vendors. The Team will assist the Client in following appropriate procurement procedures to obtain professional and construction services necessary to complete the project. • Provide assistance to ensure compliance with Local Government Code Chapter 252 as applicable to goods and services; • Provide assistance to ensure compliance with 2 CFR 200.320 (Methods of Procurement to be Followed). Labor Standards Monitoring: The Team will ensure that all labor standards laws and regulations are observed during the course of the project. The Team will structure the program so that all procurement procedures and contracts will meet equal opportunity requirements. The Team will also ensure that the contractors make affirmative efforts to employ minority persons and minority subcontractors. Ensure compliance with laws regarding Labor Standards, which include: • Davis -Bacon Act (40 USC Chapter 31, Subchapter IV); • Contract Work Hours & Safety Standards Act (CWHSSA); • Copeland (Anti -Kickback) Act (18 USC 874; 40 USC3145); • Fair Labor Standards Act. Force Account (as applicable): The Team will assist the Client in preparing force account documentation for the project, if necessary, and will consolidate this information for suitable presentation to funding agency. Public Management, Inc. may consider an additional fee for these services depending upon the scope of Force Account activities. • Develop and maintain documentation of all associated costs; • Using appropriate recordkeeping forms required by fundingagency; • Submit documentation upon completion of necessary milestones. Contract Close-out Assistance: The Team will prepare any necessary reports required by the funding agency to close out the project. The Team will work with the Client in preparing the annual audits and necessary actions to ensure the project reaches the "Administratively Closed" status. • Ensure projects outcomes are in line with contract documents and funding agency's goals and objectives; • Ensure project beneficiaries are appropriately documented and reported; • Develop, complete, and submit project completion report(s) and any other necessary administrative completion documents. Public Management, Inc. Administrative Services 4 JI; PUBLIC �I MANAGEMENT IY9 EST.1982 Contract It is specifically agreed and understood that Consultant will not provide either personally or by contract any professional or technical services requiring a license by the State of Texas in any phase or aspect of the foregoing. Rather, Consultant will advise Client of the need of such services in furtherance of the planned objectives of Client's Program. Client acknowledges that Consultant is providing Administrative Services only to Client and that Consultant is not responsible for any procurement activities for or on behalf of the Client. That is, Client, not Consultant, will advertise for and procure the services of any third party required to fulfill Program requirements. By way of example only, Client, not Consultant, must timely and properly post any advertisements necessary to fulfill Program requirements and Client, not Consultant, will enter into any required contracts with third parties necessary to fulfill Program requirements. Client Initials Consultant Initials Consultant hereby agrees that in the implementation of this Contract, Consultant will comply with the terms and conditions of Attachment III, which document is attached hereto and incorporated herein for all purposes, as if set out herein verbatim. Client is awarding this contract in accordance with the State of Texas Government Code 2254, Professional and Consulting Services. IV. It is agreed by the parties hereto that Consultant will, in the discharge of services herein, be considered as an Independent Contractor as that term is used and understood under the laws of the State of Texas and further for the purposes of governing Consultant's fees under the Procurement Standards of Title 2 CFR Part 200. V. For work associated to the Texas Community Development Block Grant Program (TxCDBG) and in consideration of the foregoing, Client agrees to pay Consultant a fee not to exceed ZERO DOLLARS ($0.00) for Application Preparation Services. For work associated to Texas Community Development Block Grant Program (TxCDBG) and in consideration of the foregoing, Client agrees to pay Consultant a fee of 7% of the grant request amount not to exceed Thirty -Five Thousand Dollars and Zero Cents ($35,000.00) for Administrative Services. an aoolication that reauests the Public Management, Inc. Administrative Services �9 PUBLIC MANAGEMENT EST, 1982 VI. Contract It is agreed that upon determination of total funding request amount Consultant and Client will execute the Work Authorization (Attachment 1) that will detail final contract amount and cost for services. It is also agreed that payments to such Consultant shall be subject to adjustment where monitoring reviews or audits by the agency indicate that personal services were compensated at greater than reasonable rates. Services that fall outside the regular scope and/or are not part of the proposed scope will be billed according to the hourly rate and fee schedule defined in Corporate Hourly Rate and Fee Schedule (Attachment 11). Prior to Consultant performing any services which are not part of the proposed scope, Consultant shall submit to Client, per paragraph of this contract, a projected hourly schedule and projected total fee for approval. VII. Payment of the fees associated with ("Part V. and VI."') - Payment Schedule of this Agreement — shall be contingent upon funding award. In the event that grant funds are not awarded to the Client this agreement shall be terminated by the Client. For purposes of this Contract, the Mayor or equivalent authorized person will serve as the Local Program Liaison and primary point of contact for Consultant. All required progress reports and communication regarding the project shall be directed to this liaison and other local personnel as appropriate. IX. This Contract shall extend and be in full force until the Program has been fully closed out by the agency. Notwithstanding the foregoing, this Contract may be terminated by Consultant, with or without cause, on forty-five (45) days' written notice to Client. X. Termination for Cause by Client: If Consultant fails to fulfill in a timely and proper manner its obligations under this Contract, or if Consultant violates any of the covenants, conditions, contracts, or stipulations of this Contract, Client shall have the right to terminate this Contract by giving written notice to Consultant of such termination and specifying the effective date thereof, which shall be at least five (5) days before the effective date of such termination. In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Consultant pursuant to this Contract shall, at the option of Client, be turned over to Client and become the property of Client. In the event of termination for cause, Consultant shall be entitled to receive reasonable compensation for any necessary services actually and satisfactorily performed prior to the date of termination. Public Management, Inc. Administrative Services 6 JIP PUMANALIBC GEMENT EST.1992 Contract Termination for Convenience by Client: Client may at any time and for any reason terminate Consultant's services and work at Client's convenience upon providing written notice to the Consultant specifying the extent of termination and the effective date. Upon receipt of such notice, Consultant shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement. Upon such termination, Consultant shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by Consultant as are permitted bythe prime contract and approved by Client; (3) plus ten percent (10%) of the cost of the work referred to in subparagraph above for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Consultant prior to the date of the termination of this Agreement. Consultant shall not be entitled to any claim or claim of lien against Client for any additional compensation or damages in the event of such termination and payment. Resolution of Program Non -Compliance and Disallowed Costs: In the event of any dispute, claim, question, or disagreement arising from or relating to this Contract, or the breach thereof, including determination of responsibility for any costs disallowed as a result of non-compliance with federal, state or Program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith within thirty (30) days of receipt of a written notice of the dispute or invitation to negotiate, and attempt to reach a just and equitable solution satisfactory to both parties. If the matter is not resolved by negotiation within thirty (30) days of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith to settle the matter by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The parties may enter into a written amendment to this Contract and choose a mediator that is not affiliated with the American Arbitration Association. The parties shall bear the costs of such mediation equally. If the matter is not resolved through such mediation within sixty (60) days of the initiation of that procedure, either party may proceed to file suit. XI. Client, the agency, the U.S. Department of Housing and Urban Development (HUD), Inspectors General, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of Consultant which are directly pertinent to this Program, for the purpose of making audit, examination, excerpts, and transcriptions, and to close out the Client's contract. Consultant agrees hereby to maintain all records made in connection with the Program for a period of three (3) years after Client makes final payment and all other pending matters are closed. All subcontracts of Consultant shall contain a provision that Client, the agency, and the Texas State Auditor's Office, or any successor agency or representative, shall have access to all books, documents, papers and records relating to subcontractor's contract with Consultant for the administration, construction, engineering or implementation of the Program between the agency and Client. Public Management, Inc. Administrative Services JI PUBLIC MANAGEMENT ESTA982 W Contract If, by reason of force majeure, either party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this Contract, then if such party shall give notice and full particulars of such force majeure in writing to the other parry within a reasonable time after the occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" as employed herein shall mean acts of God, acts of public enemy, orders of any governmental entity of the United States or of the State of Texas, or any civil or military authority, and any other cause not reasonably within the control of the party claiming such inability. This document embodies the entire Contract between Consultant and Client. Client may, from time to time, request changes in the services Consultant will perform under this Contract. Such changes, including any increase or decrease in the amount of Consultant's compensation, must be agreed to by all parties and finalized through a signed, written amendment to this Contract. XIV. If a portion of this Contract is illegal or is declared illegal, the validity of the remainder and balance of the Contract will not be affected thereby. XV. Any provision of this Contract which imposes upon Consultant or Client an obligation after termination or expiration of this Contract will survive termination or expiration of this Contract and be binding on Consultant or Client. XVI. No waiver of any provision of this Contract will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by the party making the waiver. XV11. This Contract will be governed by and construed in accordance with the laws of the State of Texas. XVIII. Any dispute between Consultant and Client related to this contract which is not resolved through informal discussion will be submitted to a mutually agreeable 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. Public Management, Inc. Administrative Services JII� PUBLIC MANAGEMENT EST.1982 XIX. Contract The party who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney fees and all costs of such proceeding. XX. Consultant and Client, each after consultation with an attorney of its own selection (which counsel was not directly or indirectly identified, suggested, or selected by the other party), both voluntarily waive a trial byjury of any issue arising in an action or proceeding between the parties ortheir successors, under or connected with this contract or its provisions. Consultant and Client acknowledge to each other that Consultant and Client are not in significantly disparate bargaining positions. JIDPUBLIC MANAGEMENT P 0.00%1P3] cuVEuxq TEXAS 71328-"27 PATRICK K. WILTSHIRE President/CEO Wwz� Client Chief Elected Official ATTEST: Public Management, Inc. Administrative Services JI PUBLIC � MANAGEMENT .7. 19.3 Attachment I Work Authorization Contract For work associated to City of Anna Contract No. XXXXX-XXXX and in consideration of the foregoing, Client agrees to pay Consultant a fee not to exceed: Thirty -Five Thousand Dollars and Zero Cents ($35,000.00) The fees are payable upon receipt of invoice from Consultant in accordance with the following schedule for Administrative Services. ADMINISTRATIVE SERVICES Preliminary Administrative Requirements 25% $8,750.00 Environmental Review 25% $8,750.00 Start of Construction 20% $7,000.00 Construction Completion 20% $7,000.00 Closeout Documents 10% $3,500.00 TOTAL FEE $35,000.00 It is also agreed that payments to such Consultant shall be subject to adjustment where monitoring reviews or audits by the client indicate that personal services were compensated at greater than reasonable rates. JI PUBLIC MANAGEMENT va 00X tan CLEVEt WD.. TEX"773iBdBn PATRICK K. WILTSHIRE President/CEO Client l; 1 Chief Elected Official ATTEST: Public Management, Inc. Administrative Services 10 J�! PUBLIC MANAGEMENT Ike EST.1982 Attachment II Corporate Hourly Rate & Fee Schedule PUBLIC MANAGEMENT, INC. 2022 Hourly Rate Principal Consultant $275.00/HR Senior Consultant $250.00/HR Senior Project Manager $225.00/HR Environmental Specialist $200.00/HR Project Manager $200.00/HR Planner $200.00/HR GIS Manager $200.00/HR GIS Technician $185.00/HR Assistant Project Manager/Planner $170.00/HR Compliance Specialist $150.00/HR Executive Assistant $125.00/HR Hourly rates for personnel not listed will be billed at direct payroll cost REIMBURSABLE EXPENSES Contract • Travel (vehicle miles traveled) at allowable IRS rate per mile, or at actual out-of-pocket cost. • Actual cost of subsistence and lodging. • Actual cost of long-distance telephone calls, expenses, charges, delivery charges, and postage. • Actual invoiced cost of materials required for the job and used in drafting and allied activities, including printing and reproduction. This rate schedule will be applicable through December 31, 2022. In January, 2023, if increases are necessary due to increases in wages or other salary related costs, the rates shown will be adjusted accordingly. Public Management, Inc. Administrative Services 11 PUBLIC MANAGEMENT ESTdaaS ATTACHMENT III TERMS AND CONDITIONS Equal Employment Opportunity During the performance of this Contract, Consultant 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 considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discourage 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 applyto 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 accessto 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 Contract 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 (7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant 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 the applicant 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. The applicant agrees that it will assist and cooperate actively with the administering agency 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 administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant 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 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 II, Subpart D of the Executive order. In addition, the applicant Public Management, Inc. Administrative Services 12 J� PUBLIC -� MANAGEMENT EST.r982 agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in partthis grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. (d) Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate. (e) Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it Is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. (f) Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. (43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997; 79 FR 72993, Dec. 9, 2014; 80 FR 54934, September 11, 2015] Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 109 of the Housing and Community Development Act of 1974 The Contractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Contract IV. Section 504 Rehabilitation Act of 1973, as Amended The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of his/her disability, be denied the benefits of, or be subjected to discrimination, including discrimination in employment, under any program or activity receiving federal financial assistance. V. Age Discrimination Act of 1975 The Contractor shall comply with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. M Economic Opportunities for Section 3 Residents and Section 3 Business Concerns. a) The workto be performed underthis Contract is subject to the requirements of section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b) The parties to this Contract agree to comply with HUD's regulations in 24 CFR part 75, which implement section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. c) The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations In 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. d) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Public Management, Inc. Administrative Services 13 PUBLIC MANAGEMENT 1:.. EST. 1982 part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 75. Minimum expectations of effort to direct employment opportunities to such workers are identified in the TxCDBG Project Implementation Manual. e) Noncompliance with HUD's regulations in 24 CFR part 7S may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. vll. Section 503 of the Rehabilitation Act (the "Act") - Handicapped Affirmative Action for Handicapped Workers a) Consultant will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Consultant agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap In all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising layoff or termination rates of pay or other forms of compensation, and selection for training, including apprenticeship. b) Consultant agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor Issued pursuant to the Act. c) In the event of Consultant's non-compliance with requirements of this clause, actions for non-compliance may be taken In accordance with rules, regulations, and relevant orders of the Secretary of Labor Issued pursuant to the Act. d) Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed bythe director, provided by orthrough the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. e) Consultant will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973 and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. f) Consultant will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary Issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. Contract Vlll. Interest of Members of Client No member of the governing body of Client and no other officer, employee, or agent of Client who exercises any functions or responsibilities in connection with the planning and carrying out of the Program, shall have any personal financial Interest, direct or indirect, in this Contract and Consultant shall take reasonably appropriate steps to assure compliance. IX. Interest of Other Local Public Officials No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connections with the planning and carrying out of the Program, shall have any personal financial interest, direct or indirect, in this Contract; and Consultant shall take appropriate steps to assure compliance. Interest of Consultant and Employees Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict In any manner or degree with the performance of its services hereunder. Consultant further covenants that in the performance of this Contract, no person having any such interest shall be employed. XI. Debarment and Suspension (Executive Orders 12549 and 12689) The Consultant certifies, by entering into this Agreement, that neither it nor its principals are presently debarred, suspended, or otherwise excluded from or ineligible for participation in federally - assisted programs under Executive Orders 12549 (1986) and 12689 (1989). The term "principal" for purposes of this Agreement is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Consultant. The Consultant understands that it must not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." XII. Copyrights and Rights in Data FEMA has no regulations pertaining to copyrights or rights in data as provided in 24 CFR 85.36. FEMA requirements, Article 45 of the General Conditions to the Contract for Construction (form FEMA- 5370) requires that contractors pay all royalties and license fees. Public Management, Inc. Administrative Services 14 PUBLIC JI MANAGEMENT eST.Ives All drawings and specifications prepared by the Design Professional pursuant to this contract will identify any applicable patents to enable the general contractor to fulfill the requirements of the construction contract. Clean Air and Water. (Applicable to contracts in excess of $150,000) Due to 24 CFR 85.36(i)(12) and federal law, the Design Professional shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857h-4 transferred to 42 USC § 7607, section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15), on all contracts, subcontracts, and sub grants of amounts in excess of $100,000. XIv. Energy Efficiency Pursuant to Federal regulations (24 C.F.R 85.36(i)(13)) and Federal law, except when working on an Indian housing authority Project on an Indian reservation, the Design Professional shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 94-163 codified at 42 U.S.C.A. § 6321 et. seq.). Xv. Retention and Inspection of Records Pursuant to 24 CFR 85.26(i)(10) and (11), access shall be given by the Design Professional to the Owner, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the Design Professional which are directly pertinent to that specific Contract for the purpose of making an audit, examination, excerpts, and transcriptions. All required records shall be retained for three years after the Owner or Design Professional and other sub grantees make final payments and all other pending matters are closed. Contract Public Management, Inc. Administrative Services 15 rm m n "The City of Beaumont has worked with Public Management, Inc. on many large grant projects. Public Management has helped us to navigate the often -complicated grant funding process as well as bringing information to the table on newgrant fundingpossibilities. They are always available to answer questions, solve problems and keep us on track. We look forward to continuing to work with Public Management, Inc. in the future." - City of Beaumont EXPERIENCE Implemented unique Proj- 2015-PRESENT PRESIDENT —y ect Management system Public Management, Inc. to improve overall contract management and project 2014 2014 Public Management, Inc. CHIEF OPERATIONS OFFICER efficiencies. 2009 - 2013 o Managed or directed over Public Management, Inc. PROJECT MANAGER U�U $500 million project initiatives EDUCATION since 2014. 2007-2009 M.A. PUBLIC ADMINISTRATION Texas A&M University Coordinated programmatic 2001-2006 O Improvements to various Missouri Valley College B.A. SOCIOLOGY CDBG programs (TDA, GLO) EXPERIENCE 2015- PRESENT VICE PRESIDENT Public Management, Inc. 1999 - 2015 Public Management, Inc. PROJECT MANAGER & PLANNER 199B -1999 Public Management, Inc. EDUCATION 1995 - 2001 Texas State University 1905 -1991 Texas State University ASSISTANT PLANNER / HOUSING SPECIALIST M.A. GEOGRAPHY B.S. GEOGRAPHY Implemented and streamlined planning efforts that better align with development and regulations. Managed and directed over 50 comprehensive plans. Serves as Business ODevelopment Director identifying &developing business relationships. EXPERIENCE Oversees and manages at[ 2016 - PRESENT company operations in North Public Management, Inc. REGIONAL PROJECT MANAGER and West Texas 2014-2016 PROJECT MANAGER / COMPLIANCE SPECIALIST Public Management, Inc. Formally recognized by State agencies for outstanding EDUCATION performance in project man- 2012 - 2013 agement M.A. HISTORY Stephen F. Austin State Univ. 200E - 2012 Manages highly complex Stephen F. Austin State Univ. B.A. HISTORY O projects for the Company. EXPERIENCE Acting Chief Financial Officer 2015 - PRESENT VICE PRESIDENT for Public Management, Inc. . Public Management, Inc. Maintains stringent financial 2006 - 2014 and budgetary policies. Public Management, Inc. PROJECT MANAGER 2005 - 2006 Over a decade of project Bridge Capital LOAN OFFICER UUU O management experience with disaster recovery projects. EDUCATION 1997-2003 B.B.A FINANCE Sam Houston State Univ. Leads project timeliness ini- tiatives for all active contracts EXPERIENCE Manages over $20 million in 2020 - PRESENT O disaster recovery, mitigation, Public Management, Inc. PROJECT MANAGER and community development contracts in South/East Texas 2018 - 2029 Nueces Co. Office of EM PROJECT MANAGER / COMPLIANCE SPECIALIST 2011 -2015 Certified CDBG Project United States Army ALLSOURCE INTELLIGENCE ANALYST @ Manager EDUCATION 2018-2019 M.A. PUBLIC ADMINISTRATION Texas A&M University Provides ongoing feedback for 2015-2017 B.A. CRIMINAL JUSTICE O risk management, mitigation, Texas A&M University and prevention. EXPERIENCE Currently manages over $80 2020 - PRESENT million is disaster recovery/ Public Management, Inc. PROJECT MANAGER mitigation and community development contracts. 2019-2020 HOUSING POLICY FELLOW The Texas Lyceum Leads Project Management U efficiencies and data analysis EDUCATION for contract compliance 2007-2020 M.A. PUBLIC ADMINISTRATION Texas A&M University 2014-2018 B.S. POLITICAL SCIENCE Envision Sustainability Texas A&M University O Professional (ENV SP) Certified EXPERIENCE Currently manages over $25 2020 - PRESENT PROJECT MANAGER 0 millions in community . Public Management, Inc. development and disaster recovery projects. 2019-2020 LEGAL ADMINISTRATIVE ASSISTANT James D. Jones, Attorney 2016 - 2018 CDBG certified Project James D. Jones, Attorney LEGAL INTERN I, II, &III U�U Manager EDUCATION 2014 - 2019 B.A. SOCIOLOGYTexas Assists with environmental Tech University � reviews and conducts field visits EXPERIENCE Currently managing commu- 2021- PRESENT QD nity development and disaster Public Management, Inc. PROJECT MANAGER/GIS TECHNICIAN recovery contracts totaling over $90 million. 2020 - 2021 City of Detroit GIS ANALYST 2020 - 2020 Certified CDBG Project NASA DEVELOP GIS ANALYST INTERN 9 Manager EDUCATION 2016-2020 B.S. GEOLOGY O Provides all GIS Mapping and University of Texas analytics for South East Texas Region EXPERIENCE More than a decade of project 2018 - PRESENT 8 PROJECT MANAGER management experience with Public Management, Inc. CDBG, Economic Development, and Environmental Review. 2006 - 2018 A&J Howco Services, Inc. 2007 - 2007 Sul Ross State University EDUCATION PROGRAM SPECIALIST HUMAN RESOURCE OFFICE ASSISTANT U Currently managing over $25 million in CDBG & ARPA project initiatives 2004-2006 M.A. KINESIOLOGY University of North Texas O Provides project management service is the north and west 1997 - 2002 B.S. SCIENCE -HEALTH Texas regions. Texas A&M University EXPERIENCE 2018-PRESENT PROJECT MANAGER Public Management, Inc. EDUCATION 2014-2017 B.A BUSINESS ADMINISTRATION Angelo State University Currently managing over �4 $20 million of community and economic development funding o Manages projects within the O�U north and west Texas regions. OState certified project manager EXPERIENCE Currently manages various 2020- PRESENT PROJECT MANAGER & GIS TECHNICIAN �4 O planning and community Public Management, Inc. development projects throughout Texas 2020- 2020 TESTING OPERATOR GEODynamics Provides all GIS Mapping and 2019- 2020 DRONE OPERATOR & DATA COORDINATOR O analytics for north and west Sight Glass Flights Texas Regions EDUCATION 2013-2017 B.S. GEOGRAPHY University of North Texas Drone certified & State certified project manager O EXPERIENCE Manages projects in north and 2021-PRESENT PROJECT MANAGER O west Texas regions Public Management, Inc. 2015 - 2021 City of Stephenville EDUCATION 2019 - 2019 American Intercontinental 2006 - 2015 American Intercontinental EXECUTIVE ASSISTANT UOU Maintains project timelines and reporting for regional projects. M.A. BUSINESS ADMINISTRATION B.A. BUSINESS ADMINISTRATION O Oversees data collection and analysis of regional projects m m ;::v M z m "We have been fortunate to work with Public Management, Inc. fornearly a decade. Their team has always provided the utmost of professionalism. Theyhave been available to walk us through every aspect of any grants with knowledge, skill and patience. Public Management, Inc. has been by our side every step of the way making sure we are clear on every aspect of our grants process. We would not hesitate at all giving a 100% recommendation to anyone who is looking for a great grant management team." - city of HiCO ----------------------------- ------------------------- $116,356,870.00: --------------------------- ----------------------------; COVID-19 $516,906,721.00 ` RECOVERY IDISASTER RECOVERY --------------------- (D) $8------------ (TOTAL FUNDING ------------ $23,312,499.00 - - - - - -- - - - - ---- - - - - - - ----------- Il ECONOMIC DEVELOPMENT --------------- --------- $2,991,103.00 ----------------------------. ICOMPREHENSIVE PLANNING -------------- ----- $142,622,619.00------------------- ---------------------- ------------------------------ COMMUNITY DEVELOPMENT i------------------------- EXPERIENCE WITH ----------------- - - - - - i COMMUNITY DEVELOPMENT Public Management, Inc. ' has managed over ' $142,000,000 in federally funded community lip development grants since 1 1982. These projects have included improving public infrastructure, construction of public parks, and the procurement of assets ' critical to the provision of government services. i WE ARE ABLE TO IDENTIFY COMMUNITY NEEDS AND ' ALIGN FUNDING OPPORTUNITIES FOR STRATEGIC IMPLEMENTATION i i i L U $1321120,532 (, Water and Sewer Projects Z ' W $3,387;157 Parks and Flood Mitigation i o W ' 0' x $61424,288 W '- - - - - - - - - - - - - - - - - - - - - - - - - - - Streets and Power Generation - - - - - - - - - - - - - - - - - - - - - ' i---- - - - - -- -----------------------� EXPERIENCE WITH COMPREHENSIVE PLANNING, Public Management, Inc. has - _ - completed nearly $3,000,000 in federally funded = comprehensive planning and capacity building grants since 1982. Our planning experience covers land use planning, zoning, and ' drainage, general community mapping and - much more. ' ' WE ARE ABLE TO IDENTIFY COMMUNITY NEEDS AND ' i ALIGN FUNDING OPPORTUNITIES FOR STRATEGIC IMPLEMENTATION Land Use Subdivision e Draina ' Planning Planning g g Pathways ' Base Maps � Structure OUR ' Maps Infrastructure EXPERIENCE Condition Parks and ' ' Recreation ' Street Water and ' i ' Conditions Sewer Lines i I ------------------------------------------------------- EXPERIENCE WITH DISASTER RECOVERY I 1 � I � 1 � Public Management, Inc. has managed over $500,000,000 in ' federally funded disaster recovery grants since 1982.; These projects have included z c improving public I infrastructure, managing housing programs, and mitigating future storms or `° public health disasters. I I I ' I ' I I ' WE ARE ABLE TO IDENTIFY COMMUNITY NEEDS AND I ALIGN FUNDING OPPORTUNITIES FOR STRATEGIC IMPLEMENTATION I ' $116,356,870 ' W COVID-19 Recovery $197,700,392 Lr;_" Water, Sewer, and Streets I _ ' O $206,164,776 Drainage and Flood Mitigation ; rla I UJ W $87,677,608 I Housing and Power Generation I � I � --------- - - - - -------------------------------- - - - - - ' l u I A Cityevetopment Client of Alban IS 2000-2003 Er 167049.00 Development Economic Comprehensive Planning Water DevelopmentCommunity Board Ra4W E Recovery E 95398.00 Noting 47.00 CI of Alma 2016-2019 8 E $ 55.00 Cityof Ames 1994-Present S '.618910.00 E 927539.00 $ 079.00 Cityof Anahuac 1989-Present S 2500.000.00 18850000.00 S 10920026.00 $ 98IJ00 Count of Andrews 1992-1995 $ 54,796.00$ E $ 796.00 Cityof Averment 1998-20014 $ a53424.00$S ps- M$- It $ 424.00 16ZI26.388JO0 CI of Aubrey2014-Present $ 275000.00 S $ $ 1 91200 912.00 CI of Balll er 2013-Present $ 550000.00 $ f 90 436.00 436.00 C of Bartlett 20D4-2006 $ $ f $ 350.00 CI of Ba own 2008-Present S $ S 73935398.OD S 398.00 CI of Beaumont 2006-Present S S 6 126388A0 S 388A0 City of Belts 2016-Present S 275000.00 S $ $ $ $ 275000.00 CI of Benamin 1997-Present $ 301488.00 $ $ $ 62938A0 $ 601426A0 CI of Bevll Oaks 2008-Premnt f f S 3 60292.00 f $ J260 9200 CI of Bl S rin 2021-Present $ $ $ S $ 69B4343JO0 $ 4984343.00 CI of Blackwell 1998-2005 850000.00 SE F37000.00 S f E 350000.00 CI of Breckenrid a 2014-Resent $ 550000.00 $ S 8 S 1343753.00 $ '1893753.OD CI of Brenham 2002-Present E 325000.00 $ 375000004 $ .3486350.00 S E 9686350AD CI of Brid a art 1988-1991 $ f 463368,00S 8 4 $ 463368,00 Cit of Brookshire 1996-2015 950000.00 $ $ $ 8 $ 1013013.00 CI of Brownwocd 2019-Presen[ $ 350000.00$ $ $ n.572.89000 $ 4922890.00 City of Burkhumett 2021-Present I S $ E $ $ $ 2.79254600 $ 2792546.00 City of Caddo Mills 2015-Present I S 1050000.00 E $ $ E 8 8 7.050000.00 CI of Cam hell 2012-Present $ 1050000.00 E $ $ E $ '56,60100 $ 1206,60100 CI of Celeste 2012-Present S 512000.00 E f 31565.00 $ $ $ 124742.00 $ 769307.00 CI of Celina 1991-2018 S 1926048.00 $ '589000.00 S 37100.00 $ $ E S 2552148.00 Cityof Clarendon 1985-2002 S 1199758.00 $ $ $ f f 1199758.00 CI of Clear Lake Shores 2008-2014 E $ f $ $ 1971231.00 $ S "971 31.00 CI of Cleveland 1983-Present $ 3435.805.00 $ 2199000.00 $ 97400.00 $ 4210,000.00 f A54253700 f 041161.00 16 25903A0 CI of Clute 1989-1994 S 376080.00 S S-26080.00 f $ E S 50 160.00 Countyof Cochran 2020-Present S 1502653.00 $ f $ $ f S 502.653.00 CI of Coleman 2015-Present $ 17500000 $ 325000.00 f 27700.00 E $ $ /059037.00 S 186737.09 Cityof Conroe 1990-Present $ 490000.00 E f t 000.00 E f 559123.00 S 15844 8.00 S-8815341.00 CI of Colorado Cl 2021-Present E $ $ f $ S 955710.00 S 955,710.00 Countyof Cottle 2012-Present S 123872.00 $ $ E $ It $ 123.872.00 Countyof Cmsh 2011-2013 f 275000.00 f $ E f $ $ 275000.00 CI ofCrystal City2008-2010 $ E $ $0000.00 $ $ $ $ 50000.00 CI of Columbus 1985-1987 E E $ 22400.00 E S $ f 22400.00 CI of Cuero 1999-2001 E 150000.00 E 4329865.00 S - $ 4379865.00 CI of Cumh 2019-Present 8 4 $ $ $ 197733.00 $ 197733.00 Cityof Dalsem 1985-2016 $ It $ '17400.00 $ S '90314.00 $ 207714.00 Cityof Dayton 1983-Present $-701227,00 S 1028700.00 S 1 000A0 8 E 3802662.00 S E 4544589.00 CI of Deer Park 2008-2012 $ 8 E $ 108181100 4 S 081811.50 CI of Oevers 1989-Present S 1565600.00 $ $ S 160.679.00 E S 1763629.00 Cityof Dickinson 1995-Present $ 1750000.00 4 $ 89071502.00 E S 90871502DO CI of Donley1997.2000 f 245197.00 f $ $ E S 245197.00 Cityof Easton 2012-2014 f $ f $ E $ 28050.00 Cit of Eclor 2021-Present S $ E $ S 18 370.00 $ 18 370.00 N28.050.00 CI of Edmonsen 2015-2018 $ 275000.00 E $ 275000.00 CI of El Com 1993-Pesent $ I627410.00 S $ E 14988720A0 E 859 02A0 $ -9475332.00 CI of Eldorado 1987-2010 $ 1677609.00 f E E $ 1677609.00 CI of Electra 1999-Present $ 198 649.00 f E f E $-.982.649.00 Coun of Ellis 2013-2015 E 274500.00 $ f f $ 274500.00 CI of Emhouse 2014-2019 530375.00 $ S $ 530375.00 City of Eustace 2013-Present $ :275000.00 $ $ 24,265.00 $ f S S 299265.00 County of Fischer 2002-2005 S 250000.00 $ $ $ f $ $ 250000.00 City of Flodeda 1989-2016 $ 1973460.00 $ $ $ E S $ 1973460.00 Cityof Forsan 1997-2000 $ 254,20000 $ $ $ E 8 $ 254200.00 County of Frio 2009-2011 S 250000.00 $ $ 52750.00 S f $ $ 302750+00 City of Frisco 1989-1991 $ 250000.00 $ 8 $ S $ $ 250000.00 City of Frost 2013-Present $ 55000000 $ 3 380.00 8 E $ S 581380.00 County of Gaines 1998-2017 $ 1335243.00 $ $ $ $ $ f ',335243.00 County of Galveston 2014-2016 $ 350000.00 S $ $ $ $ $ 350000.00 City of Garrett 2017-Present f 175000.00 S $ $ E $ 221025.00 $ 996025.00 City of Glen Rose 2019-Present 500000.00 $ $ E S E 668774.00 S "168774.00 CI of Gordon 2019-Present S 500000.00 f f 25635.00 E 1 f 1S 120.424.00 1 $ a46059.00 City of Goree I 2018-Resent 1 $ 550000.00 1 S $ $ 1 $ E $ 550000.00 City of Greford I 2016-Present 1 $ 1050000.00 1 S $ E 1 $ S 155362.00 1 $ 1205362.00 Cit -J�u of Granbu 7 Period 201 -Present 1 nay _I).Mmtopment $ P7500e.00 Economic ftlietopment Comprehensive Planning Water Development Surd Disaster Recovery COVID-197�JW'fotna Recovery 658743A0 1�' Funding E 93374 .0 City of Gmndvlew 2013-Present $ I050060.00 $ 725000.00 40965A0 $ S 445519.00 t 2261484.00 Cityof GoIdVIwalte 2017-2019 $ $ 223900.00 t S $ 223900.00 CI of Gotlad 2003-2005 $ 8 $ 34000.00 E $ $ 34000.00 Cityof Gunter 2015-2017 $ I200000.00 E 200000.00 Cityof Gustma 2017-Present 275000.00 8 $ $ H. 8 $ $ 275000.00 Hale 2017-Present E 275000.00 E E E E $ - S 275000.00 ®Countyof Cityof Hamlin 1996-2018 $ 735925.00 E 4 E E $ 500775.00 $ 1236700.00 Cityof Hardin 2001-Present S 1050000.00 E $ 26,370.00 E $ 261229.00 $ $ 1337599.00 Countyof Hardin 1984-1986 E E $ 250000.00 E E $ $ 250000.00 Countyof Haskell 2015-Present S 550000.00 f $ $ $ '099000.00 $ 1649000.00 Cil of Hempstead 2007-2009 S f $ 31800.00 $ $ 4 S 31800.00 City of Hico 2013-Present S $25000.00 $ "20000A0 $ 26520.00 $ $ $ 350112.00 S 1 21632A0 City of Higgins 1985-1992 S 339600.00 E f $ $ $ S 339600.00 City of Holiday 1995-Present S 1159345.00 E f $ $ E 1 $ 1159345.00 City of Howardwick 1997-2000 $ 315650.00 E f It S f I S 315 50.00 City of Howe 2015-2017 $ 164045.00 E $ - $ $ $ 1 $ '64.04100 City of Italy 2013-Present $ 890.600.00 E S 38.550.00 $ _ $ S 425481.00 1 $ 1.351, 03.1.00 City City of Jonestown of Jaybon 2000-2002 2002-2005 $ - $ 250000.00 $ $ $ 23800.00 f S $ $ $ $ 1.792344.00 1 S t $ 23.800.00 $ 250,000.00 $ 1792.344.00 Clty of Jersey Village 2018-Present f E E $ County of Jones 1981-Present $ 300.079.00 f f $ $ f $ 300,079.00 of Joshua 1998-2004 S 300.00000 $ - $ 2390000 $ $ - $ S 523900.00 ®City Cityof Katy2019-Present 8 E S $ S I,39416100 _ $ S 7394.161.00 City of Kemah 1991-Present S 1.75 0.0 0 0.00 $ 999185.00 f 34150.00 $ $ 3.874980.00 8 $ 6658315.00 City of Kemp 2014-2016 $ $ $ 29805.00 $ $ $ $ 79,805.00 City of Kerens 2013-Present $ !21800.00 E $ 29565.00 $ E S 377,37800 $ 1128743.00 City of Kermit 1986-2001 $ 395169,00 E $ $ $ 607,140.00 $ :202,309.00 CI of Knollwood 2013-Present $ 475,000.00 $ $ E 8 $ W5000.00 City of Kress 1989-1997 S :179343.00 E S $ 379343.00 atK le 1999-2001 1 $ I.$ - 42400.00 $ $ - $ $ 42400.00 ®City Cityof La Marque 1986-Present $ 817273.00 S 619990.00 $ 10000.00 $ S 9898001.00 $ 13355264.00 Cityof La Porte 2018-Present E $ $ $ S 15198542.00 E 15.198542.00 Cityof Lamesa 2009-Present S 1391540.00 $ 55000.00 $ f $ S f 1966540.00 Cityof Lawn 2015-Present S 275000.00 $ $ S $ S f 27500D00 CI of Liberty1989-Present $ 3613235.00 S 164170.00 5 $ 4353962.00 S :2307878.00 E 1225424500 Countyof Liberty1987-Present E 550000.00 $ $ "5000.00 E S 5527571300 $ $ 57.840,713,00 CI of Lipan 2017-2019 $ 275000.00 f E E $ f S 275,000.00 CI of Loraine 1990-Present $ 1603093.00 $ $ 37.000.00 $ $ S 39751.00 S 1.779,844.00 CI of Lorenzo 1991-2014 $ 1098058.00 $ f $ f $ $ 7098058.00 CI of Loving 2009-2011 $ 350000.00 $ $ - $ S - $ 350,000.00 © CI of Maoank 1999-Present $ 1926032.00 $ 550000.00 $ 49785.00 $ _ E $ $ 2,523.817.00 City of Ma no0a 2008-2011 $ $ f E $ 676000.00 t S 576.000.00 City of Malakoff 2014-Present $ 550.000.00 $ 250900A0 $ S E S 570155.00 S 1371,055.00 City of Masan 1999-Present $ 340,040.00 f $ 44500.00 $ E t S 384.540.00 City of Matador 1982-1988 $ 402.020.00 f S $ E t $ 402.020.00 City of Ma can 1992-Present f 1546800.00 E $ 35.865.00 S E f $ 582,665.00 City of McCartney 2015-Present $ 350000.00 It $ $ 8 $ 510439.00 S 360,439.00 County of McCulloch 1998-Present S 1424800A0 f $ $ E f S '424800.00 city of Meadow 1997-2002 f 489808.00 S $ $ $ f $ 489808.00 City of Melissa 2014-2016 $ 275000.00 $ $ $ E $ $ 275000.00 city of Melvin 1998-Present $ 1415693.00 $ $ $ E $ $ 1415693.00 city of Milieus 2015-Present S 500000.00 $ 8 $ 500000.00 City of Montgomery 2003-2013 S '!00000.00 $ ".075000,00 $ $ S :37552500 8 S 2150525.00 County of Montgomery 1985-1991 $ 864505.00 8 S 19,20000 $ E 8 w $ 383705.00 City of Moran 2009-Present $ 525000.00 $ E $ $ 8 $ 325000.00 City of Muleshoe 2000-Present $ 1044787.00 E ,4100.00 $ E 8 $ 1108887.00 of Munday 2015-Present $ 175000.00 S $ 39600.00 S - S S 315927.00 $ 630527.00 ©City City of Nazareth 1990-1994 $ 413731.00 S $ $ $ $ 413731.00 City of New Hoe 1996-2010 $ 448791.00 $ $ $ $ f $ 448791A0 CRY CI of New verLy of Oak Riede North ofOltlRver-Wlnfree 1982-Present 2008-Present 2008-2011 S 2.640989.00 $ E $ S 71295.00 $ $ $ $ 6837645.00 . 6600000 y47255400 S S265379.!JS 5 9'15308.00 1465000.00 863844JOCI CI of Ouon 1984-Present f 619506.00 f 95 0 CI of Ore Cl 2020-Present f $ $ 342 081A0 A n H 7-1 ty o nt oa L m•r.t 4 $ T +'ice'-:.- Cityof Patmer 2013-Presen[ $ 550.000.00 $ 47265.00 $- $ f 526050.00 $ 1123315.00 CI of Panorama Village 2003-2011 $ $ $ $ $ 736115.00 E $ M6115.00 Count of Parker 2070-2012 $ 350000.00 $ S $ f f $ 350000.00 CI of Pasadena 2020-Present E E E 8 $ 47751740.00 S 40199596.00 $ 87951336.00 Cityof Paulson 2002-2004 $ $ $ 'S 600.00 $ f f $ "5.600.00 city of Pecos 1981-1983 $ 400.000.00 8 E E S $ b m0000.00 Cityof PineyPoint Village 2008.2011 $ 8 $ $ 8 229,980.00 E $ 229,980.00 CI of Plains 1987-2017 $ '052562.00 E $ $ $ $ 410086.00 8 2462,648.00 City of Plum Grove 2008-Present S S $ $ $ 1,328.659.00 8 $ "1.328,659.00 City of Post 1993-Present S 935584.00 $ $ $ E 8 E M 584.00 City of Prade View 2008-Present $ 1400000.90 $ S :15100.00 $ $ 74 016.00 $ S 2177116.00 City of Rankin 2002-Present $ 1450000.00 $ $ 37000.00 $ E S 210066.00 S '697866.00 City of Reno 2008-Present $ 1550000.00 $ S $ $ 196253700 $ 793906.00 S 4306438.00 City of Rhome 2010-2013 f 50000.00 $ 4119,50000 $ $ E S $ 499500.00 City of Richland 2017-Present S 773 50.00 S $ E $ S '173 50.00 City of Rio Vista 2012-Present $ 1050000A0 S $ $ f S 266370A0 9 1316370.00 City of Roby 1996-2016 $ 146542.00 f $ $ f S 153 80.00 $ 1099922.00 City of Rochester 1987-Present S 1.488068.00 S $ f E i It 1488068.00 City of Roscoe 1992-Present $ Z491325.00 S $ $ f It 318405.00 f Z809.730JO0 City of Ratan 2015-2017 $ 550000.00 $ $ E S It S 550000.00 City of Rule 1994-Present S 1203816.00 $ $ f It It f 1203816.00 CRY of Sadler 1 - 96 MY of San Saba 2018-Present S 850000.00 $ $ 43380.00 S $ 784986.00 1678366.00 County of San Saba 2014-Present $ 275000.00 $ E $ $ f 275000.00 City of Santa Anna 2014-Present S 275000.00 $ 33555.00 S 8 S 249520.00 $ 550075.00 MY of Savoy 2014-Present $ 457500.00 $ $ 8 216069.00 $ 673569.00 County of Schlelcher 2004-2011, $ 76675200 $ E $ S $ 76675200 county Of scum 1996-1998 $ 24 319.00 S S $ $ S $ 52319.00 City of Sealy 2013-Present 1 $ "D0000.00 $ 348365.00 S 24260.00 $ S 2.000.000M S $ 3072625A0 City of Seagraves 2021-Present 1 E $ S $ $ S '127500.00 $ 't27500.00 City of Seminole 1984-2012 $ 3281.708.00 $ $ $ E $ 1936447.00 $ 5218155.00 City of Shenandoah 2008-2011 E $ $ $ $ 445667.00 f $ 445,667.00 city of Slaton 2016-Present $ 275,000.00 $ 25D000.00 64100.00 $ $a mS "459549.00 S 2048,649.00 City of Sonora 2018-Present $ $ 150,000.60 It $ E $ 69033700 $ '440,332.00 Cityof5 tandora 2003•Present S 1,400000.00 $ $ H600.00 $ $ 1009200.00 $ S 2.433.800.00 City of$ rin town 2011-Present $ 1050000.00 $ $ 65305.00 $ E $ 790437.00 $ 3905742.00 City ofSpur 1985-Present S 36 724.00 $ $ 3960000 $ E f $ 902324.00 City of Stamford 2001-2015 $ '63304.00 S $ $ E E $ 763 04.00 City of Ste hemi0e 2013-Present $ 1014420.00 E $ $ 17.031000.00 f 0000100.00 E $ 20045420.00 County of Stonewall 2006-2018 S 625000.00 $ $ E S $ 625000.00 City of Strawn 2015-Present S 500000.00 S 37000.00 f E $ 1 $ 537000.00 City of Sweetwater 2001-2013 $ 727 93.00 i E $ f S S 727293.00 City of Teffell 1993-Present $ 3756030.00 $ 4894345.00 $ 55000A0 f $ - S S 8705375A0 City at Throckmorton 2018-Present $ 275000.00 S $ It It f $ 275000.00 City of Tom Bean 2014-2018 S 341,920.110 $ $ f $ S $ 341920.00 My of Toot 2020-Present f f $ f f S 570403.00 $ 370403.00 Trinity Bay Conservation District 1990-Present E $ $ S Z500,000.00 S f f Z500100010 City of Venus 1989-2018 f 2,57Z528.00 $ 74 681.00 f 26235.00 S 350000.00 $ - $ $ 4191444.00 WCID No.t 2020-Present $ - $ - S E f 8189000.00 $ - S 8189000.00 City of Watker 1983-1985 S 500000.00 S - f E $ - f $ 500000.00 County of Waller 2001-2004 E $ 37500000 f $ f f S 375000.00 County of Washington 20014-2015 $ 525000.00 $ $ $ E E $ 525000.00 Cttv of Whitewrl ht 2009-Present $ 275000.00 $ $ $ 426440.00 101440.00 City of Wckett 2011-Present $ 470600.00 $ $ $ E $ 470000.00 City of WiIUS 1983-Present $ 3685497A0 $ Z188565.00 $ 75350.00 S 5.525000.00 $ Z539,490JOD S 1741440.00 $ ^575534200 Citv of Windthorst 2002-2004 $ 12ZS44.00 $ S $ $ $ $ 122544.00 City of Wink 1997-1999 $ .166460.00 $ $ $ It E 266460.00 City of Winters 2014-Present f :525000.00 $ $ 44430.00 $ S S 506,580.00 $ 1476010.00 County of Wise 2009-2011 $ 259000.00 $ $ $ S $ $ 259000.00 City of Woodbranch Village 2019-Present $ 8 if 1$ 1 $ 249958.00 $ $ 249958.00 Count -,of Zavala 2015-2017 S 500000.00 E 1 $ E f 581000.00 Totals 1982-Present • it 00 $ 2,991,103,00 S 50,781,000.0090. it i it • is ii rm -n m :�v rrm Z C�) m C/3 "The City of Grandviewhas had the pleasure of working with Public Management, Inc. for a number of years. With assistance to secure funding for comprehensive planning, street improvement, and large-scale water and wastewater improvements, we have never worked with a company so attentive, detailed, and responsive. Words can't describe howgrateful the cityis for all Public Management, Inc. has done for our city. " - City of Grandview o° City of Anahuac City Secretary (409) 267-6681 i.harvill(lana huac.us o° City of Baytown Grant Coordinator (281) 420-6509 leasa.looezRb avtawn.o ra ................................ City of Beaumont City Manager (409) 880-3770 kvle.haves0beaumontlexas.gov @ Chambers County County Judge (409) 267-2440 isvlviafla chamberstx.aav _..........................-------------------------......------............ _. o° City of Cleveland City Secretary (281) 592-2667 asmithOctevelandtexas.com @ City of Conroe ............. .1111,11"M Director of Capital Projects (9361522-3122 twoollevracitvofconroe.oro (D City of Dickinson City Manager (281) 337-6204 tmelanconOci.dickinson.lx.us ................... — — -- - --- ----...-----.....--------------------- o° City of El Campo City Manager (979) 541-5000 csladekRcilvofelcamoo.am ------------------------------------------------------------------------------------- o° City of Garrett Public Works Director (972)875-7831 nublicworkst'@citvofnarrett.com City of Granbury City Manager (8171573-1114 citvmorOgranhurv.om QCity of Grandview City Manager (8171866-2699 dhenleyOciityoforandview.om _.._..----- —. ................... o° City of Hico City Secretary (254) 796-4620 cilvsecretarv(alhico-tx.com o° City of Italy City Secretary (972)483-7329 acu nninoha mRita (yci(yha tl.ora QJones County County Judge (325) 823-3741 dale.souroi ntibco.iones.tx.us @ City of Kerens City Secretary (903) 396-2971 ad min(o)ci.kerens.tx.us o City of La Porte Assistant Director of Public Works (281) 470-5058 winaatelOaoortelx.aov o° City of Liberty City Manager (936) 336-3684 twarner()citvo0ibertvom @ City of Mabank City Administrator (903) 887-3241 bbr ant(acitvofmabank.ora o° City of Malakoff City Administrator (903)486-0699 wbeckOcitvof m a la kof f. net o° City of 01ton City Administrator ON 285-2611 citvadministrator()citvofolton.com o° City of Palmer City Administrator (972) 449-3160 abaran(a ci.oalmer.tx.us o° City of Prairie View Mayor (936)857-3711 browland(@orairieviewtexas.goy o° City of Reno City Administrator (817)221-2500 scott.oassmore(lbrenotx.00v c City of San Saba City Secretary (325) 372-5144 sansaha0centex.net Mayor (806) 828-2000 cshaw0cityof slaton.com 0° City of Strawn City Secretary (254) 672-5311 citv(olstrawntx.com @ City of Stephenville Director of Public Works (254) 9IB-1223 nwilliams0steohenvilletx.aav o° City of Terrell City Manager (972) 551-6600 mi ke s i m s(a)c ityof 1 errell.ora ----------------- -- _ --------------- - - - - - - - - - ----------------------------- Q City of Whitewright City Clerk (903) 364-2219 citvclerkt@whitewriaht.com ------------------------- City of Willis City Secretary (936) 856-4611 mauinta nillaOci.wi llis.tx.us 0° City of Winters City Secretary (325) 754-4424 yitywin(@wtxs.net m C r-n 0 "Our mission is real and our passion is sincere. It's aboutimpact, outcomes and making a difference. More than anything, l want to lead positive change for communities that want to pursue their full potential." - Patrick Wiltshire, President & CEO CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1J Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated El completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 2J Name of local government officer about whom the information is being disclosed. Name of Officer 4j Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. N/A A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F 7xNo B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F] Yes Fx-] No 6 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. N/A 6 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2 , excluding gifts described in Section 176.003(a-1). 7 12/28/2022 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www. ethics. state.tx.us Revised 11/30/2015 ATTACHMENT CERTIFICATION REGARDING LOBBYING 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract X a. bid/offer/application X a. initial filing X b. grant b. initial award b. material change c. cooperative agreement c. post -award d loan For material change only: e. loan guarantee Year quarter f. loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Public Management, Inc. Prime Name and Address of Prime: Subawardee Public Management, Inc. Tier If Known: 15355 Vantage Parkway West, Suite 360 Houston, Texas 77032 Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CDBG United States Department of Housing and CFDA Number, ifapplica6le Urban Development (HUD) 8. Federal Action Number, ifknown: 9. Award Amount, if known: N/A $ TDB 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including (if individual, last name, first name, MI): address iidii ferent from No. I0q) N/A (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material Signature representation of fact upon which reliance was placed by tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name Patrick K. Wiltshire 1352. This information will be reported to the Congress semi- annually and will be available for public inspection. Any person who fails to rile the required disclosure shall be subject Title President to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure Telephone No. 281.592.0439 Date: 12/28/2022 Authorized for Local Reproduction Federal Use Only Standard Form — LLL (Rev. 7-97) CERTIFICATION REGARDING LOBBYING 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 of Lobbying Activities," 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 subreciplents shall certify and disclose accordingly. This certfication 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 falls 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 For n-LLL,'Disclosure of Lobbying Activities," 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. ' APPLICANTS ORGANIZATION Public Management ` PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: *First Name: lPatrick ' Last Name: Wiltshire ' Tdle: IPresident and CEO Middle Name: Suffix: ' SIGNATURE: ' DATE: 12/29/2022 Certification Regarding Lobbying (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: (a) 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. (b) 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. (c) The undersigned shall require that the language paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). The Contractor, Public Management, Inc., certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Patrick K. Wiltshire. President & CEO Printed Name and Title of Contractor's Authorized Official 12/29/2022 Date CERTIFICATE OF INTERESTED PARTIES FORM 3.295 loll Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-967624 Public Management, Inc. Houston, TX United States Date Filed: 12/29/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Anna Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. TxCDBG 23/24 CD Fund Application & Administration Services Nature of interest a Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Wiltshire, Patrick Houston, TX United States X Houston, Nicholas Houston, TX United States X Coignet , Kenneth Houston, TX United States X McAdams, Jake Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Patrick K. Wiltshire and my date of birth is 7/22/1982 My address is 3051 Corcopsis Cf. Dickinson TX 77539 (street) (city) (stale) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Harris County, State of Texas on the 29 day of December , 20 22 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.ot.us Version V3.5.1.3ac88bc0 ACC>RV CERTIFICATE OF LIABILITY INSURANCE DATErn 8/5/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT Soules Insurance Agency, LP 701 N San Jacinto PHONE FAX • 936-756-0671 A/c No): 936-756-6877 ADDRESS: soules soulesinsurance.com Conroe TX 77301 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Twin City Fire Insurance Company 29459 1814359 INSURED PUBLMM-01 INSURER B : TEXAS MUTUAL INSURANCE COMPANY 22945 Public Management Inc. 15355 Vantage Pkwy W Ste 108 INSURER c : Admiral Insurance Co. 24856 INSURER D : Houston TX 77032 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 80716312 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDD EFF MMIDDI EXP LIMITS A X COMMERCIAL GENERAL LIABILITY 61SBABC6778 9/1/2022 911/2023 EACH OCCURRENCE $ 1,000.000 CLAIMS -MADE %� OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000.000 POLICY PRO JECT 7 LOC PRODUCTS - COMP/OP AGG $ 2.000.000 $ OTHER: A AUTOMOBILE LIABILITY 61SBABC6778 9/1/2022 9/1/2023 COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOX SAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS X NON -OWNED AUTOS UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN 0002019787 9/1/2022 911/2023 X OTH STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $1.000,000 OFFICERIMEMBER EXCLUDED? ❑NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1.000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1.000.000 C. Professional Uabllity E000003595406 12/13/2021 12/13/2022 Each Claim $1,000.000 Aggregate $1,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The GL & Auto policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The GL, Auto, & WC policies include a blanket automatic waiver of subrogation endorsement and an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder. The policies contain a special endorsement with "primary and noncontributory" wording. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 12127/22, 11:26 AM SAM.gov I Entity Workspace Sort by Expiration Date Ascendin PUBLIC MANAGEMENT INC Active Registration Unique Entity ID: DL1PFHMDM786 CAGENCAGE: 6QDN5 Doing Business As: (blank) Physical Address: 15355 VANTAGE PKWY W, STE 108 HOUSTON, TX 77032-1975 USA Purpose of Registration: All Awards Expiration Date Jul 27, 2023 https://sam.govtworkspamlemlentities/non-federal?statusCode=4 1/1 Larr aydated by Patrick 9ilrfhire on Ju117.1022 a104.•11 AN PUEL/CMANAGEMENTINC PUBLIC MANAGEMENT INC Unique Entity ID CAGE / NCAGE Purpose of Registration DLIPFHMDM786 6QDN5 All Awards Registration Status Expiration Date Active Registration Jul 27, 2023 Physical Address Mailing Address 15355 Vantage PKWY W 15355 Vantage PKWY W STE 108 STE 108 Houston, Texas 77032-1975 Houston, Texas 77032.1975 United States United States Doing Business as Division Name Division Number (blank) Public Management, Inc. Public Man Congressional District State / Country of Incorporation URL Texas 18 Texas I United States www.publiemgt.eom Registration Dates Activation Date Submission Date Initial Registration Date Aug 11, 2022 Jul 27, 2022 Apr 17, 2012 Entity Dates Entity Start Date Fiscal Year End Close Date Jun 1, 1982 Dee 31 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) receive both of the following: 1.80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, bans, grants, subgrants, and/or cooperative agreements and 2. $25,000,000 or more In annual gross revenues from U.S. federal contracts, subcontracts, bans, grants, subgrants, and/or cooperative agreements? No Does the public have access to information about the compensation of the senior executives in your business or organization (the legal entity to which this specific SAM record• represented by a Unique EntityID, belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Not Selected Proceedings Questions Is your business or organization, as represented by the Unique Entity ID on this entity registration, responding to a Federal procurement opportunity that contains the provision at FAR 52.209-7, subject to the clause in FAR 52.209-9 in a current Federal contract, or applying for a Federal grant opportunity which contains the award term and condition described in 2 C.F.R. 200 Appendix XII? No Does your business or organization, as represented by the Unique Entity ID on this specific SAM record, have current active Federal contracts and/or grants with total value (including any exercised/unexeroised options) greater than $10,000,000? Not Selected Within the last five years, had the business or organization (represented by the Unique Entity ID on this specific SAM record) and/or any of its principals, in connection with the award to or performance by the business or organization of a Federal contract or grant, been the subject of a Federal or State (1) criminal proceeding resulting in a conviction or other acknowledgment of fault; (2) civil proceeding resulting in a finding of fault with a monetary fine, penalty, reimbursement, restitution, and/or damages greater than $5,000, or other acknowledgment of fault; andlor (3) administrative proceeding resulting in a finding of fault with either a monetary fine or penalty greater than $5,000 or reimbursement, restitution, or damages greater than $100,000, or other acknowledgment of fault? Not Selected hnP.e/Lmm.gnv/entlry•/OLIPFNMDM78NcoreDntn]rmrm-ArRve Pnge! of3 Lasr wdared by Parrfck Wilshire nn Jul 27. 2022 at 04:11 PM PUBLICMANACEMENT3NC Active Exclusions Records? No I authorize my entity's non -sensitive information to be displayed in SAM public search results: Yes Business Types Entity Structure Entity Type Organization Factors Corporate Entity (Not Tax Exempt) Business or Organization Subchapter S Corporation Pmfit Structure For Profit Organization Soslo-Economic Types Check the registrant's Reps & Carts, if present under FAR 52.212.3 or FAR 52.2194 to determine if the entity Is an SBAcertified HUBZone small business concern. Additional small business Information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. IFlnanclalJnformaUon _ Accepts Credit Card Payments Debt Subject To Offset No No EFT Indicator CAGE Code 0000 6QDN5 Electronic Funds Transfer Account Type Routing Number Lack Box Number Checking --2804 (blank) Financial Institution Account Number SOUTHSIDE BANK --1564 Automated Clearing House Phone (U.S.) Email Phone (non-U.S.) 2815924661 Bbrowder@fbtet.com (blank) Fax 2815924624 Remittance Address PUBLIC MANAGEMENT, INC. 15355 Vantage Pkw W STE 108 Houston, Texas 77032 United States EIN Type of Tax Taxpayer Name *—*1938 Applicable Federal Tax PUBLIC MANAGEMENT INC Tax Year (Most Recent Tax Year) Name/Title of Individual Executing Consent TIN Consent Date 2018 President Ju127, 2022 Address Signature 15355 Vantage PKWY W STE 108 Patrick K Wiltshire Houston, Texas 77032 Accounts Receivable POC P. Patrick K Wgtshire, President & CEO pwlltshlm@publicmgtcom 2815920439 haprPage 2 of3 Last updated by Patrick Wiltshire an Ju127.2022 at 04:11 PM Electronic Business PUEUCMANACEMENTINC P. Patrick K Wiltshire, President & CEO pwiltshire@publicmgt.com 2815920439 Government Business P. Patrick K Wiltshire, President & CEO pwiltshire@publlcmgt.com 2815920439 Company Security Level (blank) NAICS Codes Primary NAICS Codes Yes 541611 IGT Size Metrics Annual Revenue (from all IGTs) (blank) Worldwide 15355 Vantage PKWY W STE 108 Houston, Texas 77032 United States 15355 Vantage PKWY W STE 108 Houston, Texas 77032 United States Highest Level Employee Security Level (blank) NAICS Title Administrative Management And General Management Consulting Services Annual Receipts (in accordance with 13 CFR 121) Number of Employees (in accordance with 13 CFR 121) $3,500,000.00 17 Location Annual Receipts (in accordance with 13 CFR 121) Number of Employees (in accordance with 13 CFR 121) (blank) (blank) Industry -Specific Barrels Capacity Megawatt Hours Total Assets (blank) (blank) (blank) 11�c Deta.l.�k rch,�^8�( DI lgformatio4,.-_.:.: This entity did not enter the EDI information Yes, this entity appears in the disaster response registry Bonding Levels Dollars (blank) (blank) States Counties Any (blank) Metropolitan Statistical Areas (blank) Aays:/Lmnr.gov/enOgdDL1PFHMOM]BQ/mreDamismrae-Anim Page 3 oj3 _ l i.SAKGov° Exclusion Search Results 0 Total Results Filter by: Classification Keyword (ALL) Individual "Patrick K. Wiltshire" Status Excluded Individual Active Patrick Kelly Wiltshire, Dec 27, 2022 05:31:16 PM GMT TEXAS DEPARTMENT OI' AGRICULTURE COMMISSIONER SID MILLER Nicholas Houston This is to certify that the above named Individual has completed the Texas Department of Agriculture's Texas Community Development Block Grant Implementation lixam And is certified to AdministerTxCDBG contacts for 2021. Awarded on February 22, 2021 0 TEXAS DEPARTMENT OF AGRICULTURE COMMISSIONER SID MILLER Jake McAdams This is to certify that the above named individual has completed the Texas Deparhnent of Agriculture's Texas Community Development Block Grant Implementation Foam And is certifier) to Administer l\CDBG contracts for 2021. �~r TEXAS DEPARTMENT OF AGRICULTURE COMMISSIONER SID MILLER Patrick Wiltshire This is to certify that the above named individual has completed the Texas Department of Agriculture s Texas Community Development Block Grant Implementation Exam And is certified to Administer T.CDBG contracts for 2021. Awarded on January 5, 2n2s TEXAS DEPARTMENT OF AGRICULTURE COMMISSIONER SID MILLER Kenneth Coignet This is to certify that the above named individual has completed the Texas Department of Agriculture's Texas Community Dmelopment Block Gant Implementation Exam And is certified to Administer TxCDBG contracts for 2021. Awarded on September 30, 2022 I_I f_' Awarded on February 22, 2021 0 TEXAS DEPARTME TN OF AGRICULTURE COMMISSIONER SID MILLER Morgan Verette 'this is to acrlh dolt the ahove nanwl lod, dU.11 has comPlvtadt Texas Department of Agriculture's Texas Community Development Block Grant Implementation Exam And is certified to Administer T%CDBG contracts for 2o2i. Awarded on August 5, 2022 0 TEXAS DEPARTMENTOF AGRICULTURE COMMISSIONER SID At I LLER Dalton Aiken This is to certify that the above named individual has completed the Texas Department of Agriculture's Texas Community Development Block Grant implementation Exam And is certi ficd to Admi nislcr TxCDBG contracts. 0 TEXAS DEPARTMENT OF AGRICULTURE COMMISSIONER SID MILLER Lisette Howard This is to certih'that the above named milwidnal has completed the 'faxes Department of Agriculture's Texas Community Development Block Grant Implementation Exam And is certified to Admnister TxCDBG contracts for 2021. Awarded on August 5, 2022 fa TEXAS DEPARTMENT OF AGRICULTURE COMMISSIONER SID MILLER Michael Migaud This is to certify that the above named individual has completed the 'texas Department of Agriculture's Texas Community Development Block Grant Implementation Exam And is certified to Admiaister'I\CDBG contracts for 2021. Awarded on September t6, 2022 = I -' Awarded on September 22, 2022 TEXAS DEPARTMENT OI: AGRICULTURE COMMISSIONER SID MILLER John Reed This is to certifv that the above muncd individual has completed the Texas Department of Agriculture's Texas Community Development Block Grant Implementatinn Scam And is certified to Administer'NCDBG contracts for 2021. Awarded on September 16, 2n2 TEXAS DEPARTMENT OF AGRICULTURE COMMISSIONER SID MILLER Thomas Quintero This is to certify that the above named individual has completed Iho Texas Department of Agriculture's Texas Community Development Block Grant Implementation Exam And is certified to Administer T.CDBG contracts for anal. Awarded on August 25, 2022 qp TEXAS DEPARTMENT OF AGRICULTURE COMMISSIONER SID MILLER Sara Tankersley this is to certify that the above named individual has completed the Texas Department ofAgritullure's Texas Community Development Block Grant Implementation Exam And is certified to Administer TxCDBG contracts for 2021. Awarded on August 1, 2022 0 a--.—o TEXAS DEPARTMENT OF AGRICULTURE COMMISSIONER SID MILLER Aron Miller 'Phis is to certify that the above named Individual has completed the Texas Department of Agriculture s Texas Community Development Block Grant Implementation Exam And is certified to Administer TxCDBG centmeis for 2021. Awarded on September 9. 202 ------------------------------------------------------------------- - - - - - • Albany. Alma, Ames. Anahuac. Andrews County, Aspermont, Aubrey, Ballinger. Bartlett. Baytown, Beaumont, Bells, Benjamin, Bevil Oaks. Blackwell, Breckenridge, Brenham, Bridgeport, Brookshire, Brownwood, Caddo Mills, Campbell, Celeste, Celina, Chambers, County, Clarendon, Clear Lake Shares. Cleveland. Clute, Coleman, Conroe, Cottle County. Crosby County, Crystal City, Columbus, Cuero. Daisetta, Dayton, Deer Park, Devers, Dickinson. Donley, Easton, Eden. Edmonson. El Campo, Eldorado, Electra. Ellis County, Emhouse, Eustace, Fischer County, Floydada, Forsan, Frio County, Frisco, Frost, Gaines County, Galveston County, Garrett, Glenrose, Gordon, Goree, Graford, Grandview, Goldthwaite, Goliad, Gunter, Gustine, Hale County, Hamlin, Hardin, Hardin County, Haskell County, Hempstead, Hico, Higgins. Holliday, Howardwick. Howe, Italy, Jonestwon. Jayton, Jersey Village, Jones County, Joshua, Katy, Kemah, Kemp, Kerens. Kermit, Knollwood, Knox City, Kress, Kyle, La Marque, La Porte, Lamesa, Lawn, Liberty, Liberty County, Lipan, Loraine, Lorenzo. Loving, Mabank. Magnolia, Malakoff, Mason, Matador, Maypearl, McCamey, McCulloch County, Meadow, Melissa, Melvin, Mingus, Montgomery, Montgomery County. Moran, Muleshoe. Munday. Nazareth. New Hope, New Waverly. Oak Ridge North. Old River-Winfree, Olton, Paducah, Paint Rock, Palmer. Panorama Village, Parker County. Pattison, Pecos, Piney Point Village, Plains, Plum Grove, Post, Prairie View, Rankin, Reno, Rhome, Richland. Rio Vista, Roby, Rochester, Roscoe, Rotan, Rule, Sadler, San Saba, San Saba County, Santa Anna, Savoy, Schleicher County, Scurry County, Sealy, Seminole, Shenandoah, Staten, Sonora, Splendora, Springtown, Spur, Stamford, Stephenville, Stonewall County. Strawn. Sweetwater, Terrell. Tom Bean, Trinity Bay Conservation District, Venus, Walker, Walter County, Washington County, West University Place, Whitewright, Wickett. Willis, Windtharst, Wink, Winters, Wise County, Woodbranch Village, Zavala WMPUOLICMGICOM HOUSTON 15355 Vantage Pkwy. West, Ste. 360 Houston, TX 77032 281-592-0439 pwiltshire@pubticmgt.com SAN ANTONIO P.O. Box 762648 San Antonio, TX 78245 281-592-0439 kcoignet@publicmgt.com GRANBURY 201 E. Pearl Street. STE. C205 & C206 Granhury. TX 76048 281-592-0439 jmcadams@publicmgt.com MCKINNEY 5100 Eldorado Pkwy., Ste.102 McKinney. TX 75070 281-592-0439 thoward@publicmgt.com ABILENE P.O. Box 505 Abilene, TX 79601 281-592-0439 mjimenez@publimgt.com Form A5o8 Texas Community Development Block Grant Phase Two Solicitation for Administrative/Planning Services Evaluation of Proposals Applicant Community: City of Anna Evaluation Team: Name of Evaluator Title (at least three persons required, Lee Miller Mayor Pro-Tem including one local official) Joey Grisham Economic Development Director Kimberly Garduno I Economic Development Coordinator Program: (list ONLY one 2023/2024 TxCDBG — Community Development Fund (CD) program per form, create a separate A5o8 for each additional Description of Anticipated Eligible activities under the 2023/2024 Regional Priorities including Project: water, sewer, street, and drainage improvements Date Solicitation Sent: Date City emailed o6: December 22, 2022 Responses received: Name of Firm Date Response Received Grant Works December 28, 2022 Public Management, Inc. January 3, 2023 Evaluation of Proposals: Enter for each criterion & proposal: (criteria listed on A5o6) (revise/add/delete services in this • Points awarded, or section as appropriate) . Evaluation such as Highly Advantageous (H), Advantageous (A), Not Advantageous (N), or Unacceptable (U). Name of Firm Notes 0 0 0 CU as c�a a O O Name of Firm who responded Grant Works 35 24 18 8 Total = 85 Public Management, Inc. 36 26 18 9 Total = 89 Firm Recommended: Public Management, Inc. Firm Selected: Public Management, Inc. If Firm Selected differs from Firm recommended by Evaluators, provide explanation Conflict of Interest Evaluated by: ❑ Conflict exists, ❑ No conflict firm disqualified z'-,) exists Date Awarded by Governing Body: January 24, 202 Signature of Lead Evaluator: _ / JI_ PUBLIC MANAGEMENT EST.1982 Contract This contract ("Contract") is made and entered effective January 25, 2023 by and between PUBLIC MANAGEMENT, INC., a Texas corporation, of Houston, Harris County, Texas ("Consultant" or the "Team") and the CITY OF ANNA, ("Client") for the purpose of retaining Consultant to render Application Preparation and Administration Services to the Client for Texas Community Development Block Grant Program 2023-2024 (TxCDBG) administered by the Texas Department of Agriculture (the "Program"). Client and Consultant agree that Consultant will provide services to Client on the terms and conditions outlined in this Contract. Consultant will provide Client with administrative services as follows: PRE- FUNDING SERVICES:" Application Preparation: The Team will prepare the application as directed by the Client to apply for available funding sources adherent to the state and federal agencies guidelines. The Team will coordinate all activities and other service providers with regard to the preparation of the application, including, but not limited to: • Review of proposed project for Program compliance and will work with Client staff to provide an overview; • Advise on important deadlines and procedures; • Schedule project meetings with client staff to evaluate proposed project andtimeframes. • Prepare project description in conjunction with staff and project engineer; • Evaluate project objective and developtimelines/milestones; • Prepare project maps in ArcGIS and PDFformat; • Prepare necessary preliminary Environmental Compliance documentation; • Conduct public hearings (as applicable) for application submission and attend Client meeting to address application development; • Package complete application with all pertinent supplemental documentation for client to review prior to submission; • Identify and document beneficiaries; • Advise client on funding availability, anticipated scoring, selection and award process. POST FUNDING SERVICES GENERAL ADMINISTRATION SERVICES Administrative Duties: The Team will coordinate, as necessary, between Client and any other appropriate service providers (i.e. Engineer, Environmental, etc.), contractor, subcontract and/or administrative agency to effectuate the services requested. • Oversee the project and achieve all of the project goals within the constraints given by the funding agency; • Develop and implement project phases to plan, budget, oversee, and document all aspects of the specific project; • Coordinate all activities related to the project's successful completion with all other professionals and organizations associated with thisproject. Public Management, Inc. Administrative Services 111D PUBLIC MANAGEMENT E ST.19fi] Contract Recordkeeping: The Team will assist the Client with maintaining all records generated in connection with the Program. This includes all records required by the funding agency and the Client (i.e. Program management records). • Complete filing system will be developed and maintained at Client's office; • Both physical and electronic form of records will be developed andaccessible; • Records will be updated as necessary to ensure compliance with funding source and administrative agency; • Records will be retained for the appropriate period of time as dictated by the funding agency, with electronic records available forperpetuity. Financial Management: The Team will assist the Client in keeping the general journal, general ledger, cash receipts journal and all other necessary financial documents, as well as monitor the Client's financial system. • Utilize and assist with the agency's system of record to complete milestones, submit documentation, reports, draws, change requests,etc.; • Request fund expenditure in -line with project milestones; • Develop a detailed Contract Ledger; • Establish a filing system that accurately and completely reflects the financial expenditures of the Program and project(s). • Keep track of disbursement of funds and ensure that the vendors are paid within the required timeframe set out by the fundingagency. Construction Management: The Team will coordinate and supervise the project to ensure designated activities are realizing the intended outcomes as stated in contract documents. We will oversee specialized contractors and other personnel and allocate necessary resources. • Assist the Client in submitting/setting up project applications in the Agency's system of record; • Coordinate the development, completion, and execution of contract documents to ensure supporting documentation is in order; • Conduct regular on -site visitations and assessments; • Development and maintenance of construction management status log; • Recommendation and development of scope realignments as prescribed by the project's complexities. CONTRACT ADMINISTRATION SERVICES Administrative Duties: The Team will work with the Client's staff to provide the necessary administrative and planning services to see the project to completion. The Team will meet with officials on a regular basis to review progress on the objectives of the project and then take actions to see that those objectives are met. • Act as the Client's liaison to the funding agency in all matters concerning the project; • Coordinate communication via email, conference call, facsimile, and direct meetings to ensure the project is on schedule and all parties are properly informed; • Prepare and submit any necessary reports required by the funding agency during the course of the project (i.e. Monthly/Quarterly Progress Reports, Project Monitoring Reports, Project Completion Reports, etc.); Public Management, Inc. Administrative Services JIP MANAGEMENT Contract • Provide Client staff specific instructions on the necessary administrative procedures that will assure a successful project; • Establish and maintain record keepingsystems; • Assist with resolving monitoring and auditfindings. Real Property Acquisition (as applicable): The Team will assist the Client in the preliminary acquisition assessment as well as the development and/or coordination of acquisition of real property (real property in the context of acquisition refers to permanent interest in real property as well as certain less -than -full - fee interests in real property). • Adherence to the Uniform Act (URA) which guides the acquisition of real property that may be necessary to the needs of the project and any other Federal, State or local regulation as applicable; • If it is determined that property needs to be acquired, Public Management, Inc. will perform the following services according to the URA for an additional fee. • Development and maintenance of appropriate file materials to ensure compliance with federal, state, and Program requirements; • Administrative coordination of parcels, values, correspondence; • Coordinate property appraisals and determine just compensation; • Ensure easement/right of way boundaries are in line with proposed project and survey; • Completion and/or file closure of acquired property. Environmental Services: The Team will prepare all documents and correspondence for environmental review and clearance as well as maintain close coordination with local officials, project engineer and other members of the project team to assure appropriate level of environmental review is performed. This project element will abide by the National Environmental Policy Act (NEPA) and any other Federal, State or local regulation asapplicable. • Review each project description to ascertain and/or verify the level of environmental review required: Exempt, Categorical Exclusion not Subject to 58.5, Categorical Exclusion Subject to 58.5, Environmental Assessment, and Environmental ImpactStatements; • Prepare and maintain a written environmental reviewrecord; • Consult and coordinate with oversight/regulatory agencies to facilitate environmental clearance; • Conduct site -visits as necessary to ensure environmental compliance; • Prepare all responses to comments received during comment phase of the environmental review, including State/Federal Agency requiring further studies and/or comments from public or private entities during public commentperiod; • Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR 58.43; • Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required; • Assist in compliance with flood plain and wetlands management reviewguidelines; • Not included in this service are archeological, engineering, or other special service costs mandated by environmental review record compliance agencies. Civil Rights Requirements: The Team will structure the Program so that all procurement procedures, contracts, and polices will be in accordance with state and federal regulations associated thereto. Ensure that the contractors make affirmative efforts to employ Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises. Public Management, Inc. Administrative Services 3 JIID PUBLIC MANAGEMENT EST.1992 Contract • Setup Civil Rights & Citizen Participation File; • Designate a Civil Rights Officer(CRO); • Adopt policies and grievance procedures regarding Citizen Participation; • Adopt Policies and Pass Resolution/Proclamation/Ordinances regarding Civil Rights; • Publish Citizen Participation and Civil Rights Notices; • Place necessary documentation in Bid Packets forContractors; • Include required clauses in Construction Contracts between Grant Recipient and Contractor; • Take action to Affirmatively Further FairHousing; • The Team will be diligent and consistent in implementing the project's civil rights responsibilities and will undertake further action and reporting requirements. Procurement/Bidding/Contracting: Procurement is the process through which an entity obtains goods and services from vendors. The Team will assist the Client in following appropriate procurement procedures to obtain professional and construction services necessary to complete the project. • Provide assistance to ensure compliance with Local Government Code Chapter 252 as applicable to goods and services; • Provide assistance to ensure compliance with 2 CFR 200.320 (Methods of Procurement to be Followed). Labor Standards Monitoring: The Team will ensure that all labor standards laws and regulations are observed during the course of the project. The Team will structure the Program so that all procurement procedures and contracts will meet equal opportunity requirements. The Team will also ensure that the contractors make affirmative efforts to employ minority persons and minority subcontractors. Ensure compliance with laws regarding Labor Standards, which include: • Davis -Bacon Act (40 USC Chapter 31, SubchapterlV); • Contract Work Hours & Safety Standards Act(CWHSSA); • Copeland (Anti -Kickback) Act (18 USC 874; 40 USC3145); • Fair Labor Standards Act. Force Account (as applicable): The Team will assist the Client in preparing force account documentation for the project, if necessary, and will consolidate this information for suitable presentation to funding agency. Public Management, Inc. may consider an additional fee for these services depending upon the scope of Force Account activities. • Develop and maintain documentation of all associated costs; • Using appropriate recordkeeping forms required by funding agency; • Submit documentation upon completion of necessary milestones. Contract Close-out Assistance: The Team will prepare any necessary reports required by the funding agency to close out the project. The Team will work with the Client in preparing the annual audits and necessary actions to ensure the project reaches the "Administratively Closed" status. • Ensure projects outcomes are in line with contract documents and funding agency's goals and objectives; • Ensure project beneficiaries are appropriately documented and reported; • Develop, complete, and submit project completion report(s) and any other necessary administrative completion documents. It is specifically agreed and understood that Consultant will not provide either personally or by contract any professional or technical services requiring a license by the State of Texas in any phase or Public Management, Inc. Administrative Services 4 dipPUBLIC MANAGEMENT EST.1982 Contract aspect of the foregoing. Rather, Consultant will advise Client of the need of such services in furtherance of the planned objectives of Client's Program. Client acknowledges that Consultant is providing Administrative Services only to Client and that, except as expressly set forth in this Contract, Consultant is not responsible for any procurement activities for or on behalf of the Client. That is, Client, not Consultant, will advertise for and procure the services of any third party required to fulfill Program requirements. By way of example only, Client, not Consultant, must timely and properly post any advertisements necessary to fulfill Program requirements and Client, not Consultant, will enter into any required contracts with third parties necessary to fulfill Program requirements. Client Initials Consultant Initials Consultant hereby agrees that in the implementation of this Contract, Consultant will comply with the terms and conditions of Attachment III, which document is attached hereto and incorporated herein for all purposes, as if set out herein verbatim. Client has selected Consultant in accordance with the State of Texas Government Code 2254, Professional and Consulting Services. "T It is agreed by the parties hereto that Consultant will, in the discharge of services herein, be an independent contractor as that term is used and understood under the laws of the State of Texas and further for the purposes of governing Consultant's fees under the Procurement Standards of Title 2 CFR Part 200. At no time shall Client have any supervision, control over, or charge of Consultant's services provided under this Contract, nor the means, methods, techniques, sequences or procedures utilized to provide said services. Neither Consultant nor its employees, agents, servants, or other persons utilized by Consultant to perform any services under this Contract shall be entitled to or receive any employee benefits provided to Client's employees. This Contract does not create a joint enterprise or venture or employment relationship between the Client and Consultant. TO THE EXTENT ALLOWED BY LAW, CONSULTANT AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CLIENT (AND ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, RESULTING FROM OR IN CONNECTION WITH ITS PERFORMANCE UNDER THIS CONTRACT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS CONTRACT. Public Management, Inc. Administrative Services 5 JI PUBLIC MANAGEMENT EST.1992 V. Contract For work associated with Application Preparation Services for the Texas Community Development Block Grant Program 2023-2024, Client agrees to pay Consultant a fee not to exceed TEN DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged. For work associated with Administrative Services as relates to the Texas Community Development Block Grant Program 2023-2024, Client agrees to pay Consultant a fee of 7% of the grant amount actually awarded not to exceed Thirty -Five Thousand Dollars and Zero Cents ($35,000.00). This fee is based on the submission and award of an application that requests the maximum grant funds allowable ($500,000.00). M It is agreed that upon determination of total funding request amount Consultant and Client will execute the Work Authorization (Attachment 1) that will detail final contract amount and cost for services. It is also agreed that payments to such Consultant shall be subject to adjustment where monitoring reviews or audits by the agency indicate that personal services were compensated at greater than reasonable rates. Services that fall outside the regular scope and/or are not part of the proposed scope will be billed according to the hourly rate and fee schedule defined in Corporate Hourly Rate & Fee Schedule (Attachment 11); provided, however, that prior to Consultant performing any services which are not part of the proposed scope, Consultantshall submit to Client in writing a projected hourlyschedule and projected total fee for Client's advance written approval. Client shall not be required to compensate Consultant for any services which are not part of the proposed scope unless so approved by Client. M Payment of the fees associated with ("Part V. and VI: ") - Payment Schedule of this Contract — shall be contingent upon any grant award actually being funded under Texas Community Development Block Grant Program 2023-2024. In the event that such grant funds are not awarded to the Client this Contract shall be deemed terminated. For purposes of this Contract, the Mayor or his or her designee will serve as the Local Program Liaison and primary point of contact for Consultant. All required progress reports and communication regarding the project shall be directed to this liaison and other local personnel as appropriate. IX. This Contract shall extend and be in full force until the Program has been fully closed out by the agency. Notwithstanding the foregoing, this Contract may be terminated by Consultant, with or without cause, on forty-five (45) days' written notice to Client. 0 Termination for Cause by Client: If Consultant fails to fulfill in a timely and proper manner its Public Management, Inc. Administrative Services 6 ]IPPUBLIC MANAGEMENT E ST.19E2 Contract obligations under this Contract, or if Consultant violates any of the covenants, conditions, provisions, or stipulations of this Contract, Client shall have the right to terminate this Contract by giving written notice to Consultant of such termination and specifying the effective date thereof, which shall be at least five (5) days before the effective date of such termination. In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Consultant pursuant to this Contract shall, at the option of Client, be turned over to Client and become the property of Client. In the event of termination for cause, Consultant shall be entitled to receive reasonable compensation for any necessary services actually and satisfactorily performed prior to the date of termination. Public Management, Inc. Administrative Services JIPPUBIC MANLAGEMENT EET.199] Contract Termination for Convenience by Client: Client may at any time and for any reason terminate Consultant's services and work at Client's convenience upon providing written notice to the Consultant specifying the extent of termination and the effective date. Upon receipt of such notice, Consultant shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Contract. Upon such termination, Consultant shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract ("Actual Contract Cost"); plus, (2) such other costs actually incurred by Consultant as are permitted by this Contract and approved by Client; (3) plus ten percent (10%) of the Actual Contract Cost for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Consultant prior to the date of the termination of this Contract. Consultant shall not be entitled to any claim against Client for any additional compensation or damages in the event of such termination and payment. Resolution of Program Non -Compliance and Disallowed Costs: In the event of any dispute, claim, question, or disagreement arising from or relating to this Contract, or the breach thereof, including determination of responsibility for any costs disallowed as a result of non-compliance with federal, state or Program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith within thirty (30) days of receipt of a written notice of the dispute or invitation to negotiate, and attempt to reach a just and equitable solution satisfactory to both parties. If the matter is not resolved by negotiation within thirty (30) days of receipt of written notice or invitation to negotiate, the parties agree firstto try in good faith to settlethe matter by nonbinding mediation administered by a mutually agreeable mediator before resorting to litigation XI. Client, the agency, the U.S. Department of Housing and Urban Development (HUD), Inspectors General, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of Consultant which are directly pertinent to this Program, for the purpose of making audit, examination, excerpts, and transcriptions, and to close out the this Contract. Consultant agrees hereby to maintain all records made in connection with the Program for a period of three (3) years after Client makes final payment or this Contract is terminated. All subcontracts of Consultant shall contain a provision that Client, the agency, and the Texas State Auditor's Office, or any successor agency or representative, shall have access to all books, documents, papers and records relating to subcontractors contract with Consultant for the administration, construction, engineering or implementation of the Program between the agency and Client. Public Management, Inc. Administrative Services JIPPUBLIC MANAGEMENT EST.1982 XII. Contract If, by reason of force majeure, either party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this Contract, then if such party shall give notice and full particulars of such force majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied on, the obligation of the parry giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" as employed herein shall mean acts of God, acts of public enemy, orders of any governmental entity of the United States or of the State of Texas, or any civil or military authority, and any other cause not reasonably within the control of the party claiming such inability. This document embodies the entire Contract between Consultant and Client. Client may, from time to time, request changes in the services Consultant will perform under this Contract. Such changes, including any increase or decrease in the amount of Consultant's compensation, must be agreed to by all parties and finalized through a signed, written amendment to this Contract. XIV. If a portion of this Contract is illegal or is declared illegal, the validity of the remainder and balance of the Contract will not be affected thereby. XV. Any provision of this Contract which imposes upon Consultant or Client an obligation after termination or expiration of this Contract will survive termination or expiration of this Contract and be binding on Consultant or Client. XVI. No waiver of any provision of this Contract will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by the party making the waiver. XVII. This Contract will be governed by and construed in accordance with the laws of the State of Texas, and exclusive venue for any litigation arising from, growing out of, related to, or in connection with this Contract shall be in a court of competent jurisdiction in Collin County, Texas. W'a Any dispute between Consultant and Client related to this Contract which is not resolved through informal discussion will be submitted to a mutually agreeable mediation service or provider. The parties to the mediation shall bear the mediation costs equally and the mediation shall not be binding on the Public Management, Inc. Administrative Services 9 ]IPUBC MANALIGEMENT EST.1982 Contract parties. This paragraph does not preclude a party from seeking relief available at law or equity from a court of competentjurisdiction. Public Management, Inc. Administrative Services V JIPPUBIC MANLAGEMENT ESi.1902 Contract The party who prevails in any legal proceeding related to this Contract is entitled to recover reasonable attorney fees and all costs of such proceeding. XX. Consultant and Client acknowledge to each other that Consultant and Client are not insignificantly disparate bargaining positions. JI PUBLIC MANAGEMENT o.o. eox 1u� ClEVH1N4 iE%AS JJi�0:e JJ PATRICK K. WILTSHIRE President/CEO Cl"ent Nate Pike, Mayor Carrie L. Land, City Secretary U111:610 Public Management, Inc. Administrative Services 1: JIPUBLIC MANAGEMENT Th E ST.1982 Attachment I Work Authorization Contract For work associated to City of Anna Contract No. XXXXX-XXXX and in consideration of the foregoing, Client agrees to pay Consultant a fee not to exceed: Thirty -Five Thousand Dollars and Zero Cents ($35,000.00) The fees are payable upon receipt of invoice from Consultant in accordance with the following schedule for Administrative Services. ADMINISTRATIVE SERVICES Preliminary Administrative Requirements 25% $8,750.00 Environmental Review 25% $8,750.00 Start of Construction 20% $7,000.00 Construction Completion 20% $7,000.00 Closeout Documents 10% $3,500.00 TOTAL FEE $35,000.00 It is also agreed that payments to such Consultant shall be subject to adjustment where monitoring reviews or audits by the client indicate that personal services were compensated at greater than reasonable rates. ElIPUBLIC MANAGEMENT M WX< 27 CLEVE NQTEYJ M28 1"7 PATRICK K. WILTSHIRE President/CEO Client Nate Pike, Mayor ATTEST: NO Wor0ow-Eirim Carrie L. Land, City Secretary Public Management, Inc. Administrative Services 10 JIID PUBLIC MANAGEMENT EST.198] Attachment II Corporate Hourly Rate & Fee Schedule PUBLIC MANAGEMENT, INC. 2022 Hourly Rate Principal Consultant $275.00/HR Senior Consultant $250.00/HR Senior Project Manager $225.00/HR Environmental Specialist $200.00/1-111 Project Manager $200.00/HR Planner $200.00/HR GIS Manager $200.00/HR GIS Technician $185.00/HR Assistant Project Manager/Planner $170.00/HR Compliance Specialist $150.00/HR Executive Assistant $125.00/HR Hourly rates for personnel not listed will be billed at direct payroll cost REIMBURSABLE EXPENSES Contract • Travel (vehicle miles traveled) at allowable IRS rate per mile, or at actual out-of-pocket cost. • Actual cost of subsistence and lodging. • Actual cost of long-distance telephone calls, expenses, charges, delivery charges, andpostage. • Actual invoiced cost of materials required for the job and used in drafting and allied activities, including printing and reproduction. This rate schedule will be applicable through December 31, 2023. In January, 2024, if increases are necessary due to increases in wages or other salary related costs, the rates shown will be adjusted accordingly. Public Management, Inc. Administrative Services 11 ]IID PUBLIC MANAGEMENT EST.1982 ATTACHMENT III Equal Employment Opportunity During the performance of this Contract, Consultant (sometimes referenced as "contractor' or "Design Professional") 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 considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discourage 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 contractors 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 foremployment. (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, Contract 1965, and by rules, regulations, and orders of the5ecretary 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 bylaw. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor orvendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes Involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant 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 the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivislon of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency 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 administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant 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 and federally assisted construction contracts pursuant to the Executive order and will carry out such Public Management, Inc. Administrative Services 12 JI} MANAGEMENT Il_ EST.198e Contract sanctions and penalties for violation of the equal opportunity IV. clause as may be imposed upon contractors and subcontractors by the administering agency orthe Secretary of Laborpursuantto Section 504 Rehabilitation Act of 1973, as Amended Part II, Subpart D of the Executive order. In addition, the applicant agrees that If it fails ar refuses to comply with these The Contractor agrees that no otherwise qualified individual with undertakings, the administering agency may take any or all of disabilities shall, solelyby reason of his/her disability, bedenied the the following actions: Cancel, terminate, or suspend in whole or benefits of, or be subjected to discrimination, Including in part this grant (contract, loan, insurance, guarantee); refrain discrimination in employment, under any program or activity from extending any further assistance to the applicant underthe receiving federal financial assistance. Program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been V. received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. Age Discrimination Act of 1975 (c) Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexemptsubcontracts. (d) Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary maydesignate. (e) Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor iswritten. (f) Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. [43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997; 79 FR 72993, Dec. 9, 2014; 80 FR 54934, September 11, 2015] Civil Rights Act of 1964 UnderTitle VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 109 of the Housing and Community Development Act of 1974 The Contractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall an the ground of race, color, national origin, religion, or sex be excluded from participation in, bedenied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available underthistitle. The Contractor shall comply with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. VI. Economic Opportunities for Section 3 Residents and Section 3 Business Concerns. a) The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 Is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b) The parties to this Contract agree to comply with HUD's regulations in 24 CFR part 75, which Implement section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. c) The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is In violation of the regulations In 24 CFR part 75, The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part75. d) The Contractor will certifythat anyvacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to wham the regulations of 24CFR Public Management, Inc. Administrative Services 13 PUB JIP IC MANLAGEMENT EST.1982 part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 75. Minimum expectations of effort to direct employment opportunities to such workers are identified in the TxCDBG Project Implementation Manual. e) Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. vll. Section 503 of the Rehabilitation Act (the "Act") - Handicapped Affirmative Action for Handicapped Workers a) Consultant will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Consultant agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising layoff or termination rates of pay or other forms of compensation, and selection for training, including apprenticeship. b) Consultant agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. c) In the event of Consultant's non-compliance with requirements of this clause, actions for non-compliance may be taken in accordance with rules, regulations, and relevant orders of the Secretary of Labor Issued pursuant to theAct. ell Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. e) Consultant will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973 and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. f) Consultant will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary Issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. Contract Interest of Members of Client No member of the governing body of Client and no other officer, employee, or agent of Client who exercises any functions or responsibilities in connection with the planning and carrying out of the Program, shall have any personal financial interest, director indirect, in this Contract and Consultant shall take reasonably appropriate steps to assure compliance. Ix_ Interestof Other Local Public Officials No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connections with the planning and carrying out of the Program, shall have any personal financial interest, direct or indirect, in this Contract; and Consultant shall take appropriate steps to assure compliance. X. Interest of Consultant and Employees Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant further covenants that in the performance of this Contract, no person having any such interest shall be employed. XI. Debarment and Suspension (Executive Orders 12549 and 12689) The Consultant certifies, by entering into this Contract, that neither it nor its principals are presently debarred, suspended, or otherwise excluded from or ineligible for participation in federally - assisted programs under Executive Orders 12549 (1986) and 12689 (1989). The term "principal" for purposes of this Contract is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Consultant. The Consultant understands that it must not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." XII. Copyrights and Rights in Data FEMA has no regulations pertaining to copyrights or rights in data as provided in 24 CFR 85.36. FEMA requirements, Article 45 of the General Conditions to the Contract for Construction (form FEMA- 5370) requires that contractors pay all royalties and license fees. Public Management, Inc. Administrative Services 14 PUBLIC JI MANAGEMENT EST.1982 All drawings and specifications prepared by the Design Professional pursuant to this Contract will identify any applicable patents to enable the general contractor to fulfill the requirements of the construction contract. XIII, Clean Air and Water. (Applicable to contracts in excess of $150,000) Due to 24 CFR 85.36(1)(12) and federal law, the Design Professional shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857h-4 transferred to 42 USC § 7607, section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15), on all contracts, subcontracts, and sub grants of amounts in excess of $100,000. Energy Efficiency Pursuant to Federal regulations (24 C.F.R 85.36(i)(13)) and Federal law, except when working on an Indian housing authority Project on an Indian reservation, the Design Professional shall comply with the mandatory standards and policies relating to energy efficiency which are contained In the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163 codified at 42 U.S.C.A. § 6321 et. seq.). Xv. Retention and Inspection of Records Pursuant to 24 CFR 85.26(1)(10) and (11), access shall be given by the Design Professional to the Owner, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the Design Professional which are directly pertinent to that specific Contract for the purpose of making an audit, examination, excerpts, and transcriptions. All required records shall be retained for three years after the Owner or Design Professional and other sub grantees make final payments and all other pending matters areclosed. Contract Public Management, Inc. Administrative Services 15