AGREEMENT FOR CONSULTING SERVICES FOR PORT ARTHUR INDEPENDENT SCHOOL DISTRICT

AGREEMENT FOR CONSULTING SERVICES FOR PORT ARTHUR INDEPENDENT SCHOOL DISTRICT This Agreement is entered into on between the Port Arthur Independent School District whose main administrative office is located at 4810 9 th Avenue, Port Arthur, Jefferson County, Texas 77642, ( District ) and, of [address], [city], Texas, ( Consultant ). 1. Engagement of Consultant, Services. District agrees to engage Consultant on a non-exclusive basis to perform the services set out in this Agreement and in Request for Proposals #2-2018 for Disaster Recovery Grant Management and Administrative Services ( Services ) dated November 16, 2017, attached as Exhibit A and incorporated herein for all purposes. Consultant agrees to perform, on a non-exclusive basis, the Services under the terms and conditions set forth in this Agreement. 2. Term. Employment of Consultant will commence on the date of execution by both parties, and shall be for a term of ( ) years. District may terminate this Agreement, with or without cause, upon thirty (30) days written notification to Consultant. In the event of such early termination, District will make payment only for Services already provided by Consultant to the date of written notifications. Either party may terminate this Agreement for default by the other party provided written notice is sent to the breaching party specifying the default and such default is not cured within thirty (30) days from receipt of notice. 3. Compensation. As compensation for Services performed under this Agreement, District will pay Consultant for Services actually performed at the hourly rates set out in Exhibit B, not to exceed $ for the term of this Agreement. Payment due to Consultant for Services rendered shall be made within 30 days after receipt of invoice from the Consultant. Consultant will provide documentation deemed necessary by District in order to verify full delivery of Consultant s Services. Expenses will not be reimbursed unless District consented in writing before the expense was incurred. 4. Relationship of the Parties. The parties intend that Consultant, in performing the Services, will act as an independent contractor and must have control of the work and the manner in which it is performed. Consultant will be free to contract for similar services to be performed for other employers while Consultant is under contract with District. Consultant is not to be considered an agent or employee of District and is not entitled to participate in any pension plans, bonus, stock, or similar benefits that District provides for its employees. District and Consultant agree that Consultant, Consultant s subcontractors, agents and employees are not covered under any District insurance policy, including but not limited to the District s liability, property and casualty, or workers compensation insurance policies. 5. Liability. Consultant must take all precautions necessary for the safety of and prevention of damage to District property and for the safety of and prevention of injury to persons, including District employees and students, Consultant employees, and third persons, on District property. All work must be performed entirely at Consultant's risk. 6. Indemnity. Consultant agrees to indemnify and hold harmless District, its Board of Trustees, individually and in their official capacity, and all employees and agents of District from any and all claims, actions, demands, suits, causes of action or otherwise for personal injury, death or property damage, arising out of or related directly or indirectly to the Services, brought by or on behalf of any person, group of persons or legal entities. 7. Documents. Consultant shall maintain all books, records or other documents relating to this Agreement required by District policy and/or state or federal law. District or its designee shall have 1

access to such books, records or other documents for purposes of making audits, examinations and transcripts. 8. No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, officers, employees and agents as a result of the execution of this Agreement and the performance of the covenants contained herein. 9. Entire Agreement. The entire agreement between the parties with respect to the subject matter under this Agreement is contained in this Agreement and the attached Exhibits. Except as expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. 10. Waiver or Modification Ineffective Unless in Writing. A waiver, alteration or modifications of any of the provisions of this Agreement will not be binding unless in writing and signed by authorized representatives of the parties to this Agreement. 11. Notice. Any notice required by or permitted under this Agreement must be made in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 12. Governing Law. This Agreement is made according to the laws of the state of Texas and is fully performable in Jefferson County, Texas. The parties expressly agree that this Agreement is governed by and will be construed and enforced in accordance with Texas law. 13. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. 14. Taxes. Consultant hereby agrees that the responsibility for payment of taxes from the funds thus received under this contract shall be Consultant s obligation. 15. Additional Conditions. Pursuant to Chapter 271, Tex. Local Government Code, the prevailing party in an action to construe or enforce this Agreement is entitled to recover its reasonable and necessary attorney s fees. 16. Ownership. All records, reports, documents and other material delivered or transmitted to Consultant by District shall remain the property of District, and shall be returned by Consultant to District, at Consultant s expense, at termination or expiration of this contract. All records, reports, documents, or other material related to this contract and/or obtained or prepared by Consultant in connection with the performance of the Services contracted for herein shall become the property of District, and shall, upon request, be returned by Consultant to District, at Consultant s expense at termination or expiration of this contract. 17. Administrative Requirement. Notwithstanding any provision of this Agreement, District and Consultant will be subject to and adhere to all applicable District policies and administrative regulations 2

including, but not limited to, preserving the confidentiality of student records and adhering to criminal history review requirements. 18. Texas Government Code Chapter 2252. Senate Bill 252, effective September 1, 2017, amended Chapter 2252 of the Texas Government Code. Pursuant to Chapter 2252, Consultant represents and warrants to District that Consultant does not and will not engage in business with Iran, Sudan, or a foreign terrorist organization identified on a list of such entities prepared by the Texas Comptroller. 19. Texas Government Code Chapter 2270. House Bill 89, effective September 1, 2017 added Chapter 2270 to the Texas Government Code. Pursuant to Chapter 2270, Consultant represents and warrants to District that Consultant does not boycott Israel and will not boycott Israel during the term of this Agreement. The signature below verifies that Consultant is in compliance with Chapter 2252 and Chapter 2270 of the Texas Government Code. 20. Compliance. Consultant shall provide the Services in compliance with all local, state and federal laws, rules and regulations, including, to the extent applicable, rules and regulations of FEMA for reimbursement of Services attached as Exhibit C. The parties have made and executed this Agreement on the dates stated below. For: Date: By: Printed Name: Title: For: PORT ARTHUR INDEPENDENT SCHOOL DISTRICT Date: By: Mark Porterie, Superintendent of Schools 3

EXHIBIT A PORT ARTHUR INDEPENDENT SCHOOL DISTRICT RFP #2-2018 Disaster Recovery Grant Management and Administrative Services November 16, 2017 4

EXHIBIT B Hourly Rate Schedule 5

EXHIBIT C Rules and Regulations of FEMA for Reimbursement of Services 2 C.F.R. 200.326 and 2 C.F.R. Part 200, Appendix II, and FEMA Required Contract Clauses. A non-federal entity s (such as District) contracts must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-federal Entity Contracts Under Federal Awards), which are set forth in part below. To the extent of any conflict between this Exhibit C and other provisions of the Agreement, Exhibit C shall control. 1. Termination for Cause and Convenience Federal Rule (a) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000). Pursuant to Federal Rule (a) above, when federal funds are expended by Owner, Owner reserves the right to terminate any agreement in excess of $10,000 resulting from this contract for cause after giving Consultant an appropriate opportunity and up to thirty (30) days, to cure the causal breach of terms and conditions. Owner reserves the right to terminate any agreement in excess of $10,000 for convenience with three (3) days notice in writing to Consultant. The Consultant would be compensated for work performed and goods procured as of the termination date if for convenience of the Owner. This Contract is not exclusive and Owner reserves the right to purchase goods and/or services from others when it is in the best interest of the Owner. 2. Equal Employment Opportunity. This Contract shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 CFR Part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Consultant agrees that such provision applies to the Contract and agrees that it shall comply with such provision. During the performance of this contract, Consultant agrees as follows: (1) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided settings forth the provisions of this nondiscrimination clause. (2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers representatives of the Consultant s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employments. (4) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigating to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Consultant 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 Consultant 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, or by rules, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Consultant will include the portion of this sentence immediately preceding paragraph (1) and the provision 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 of Consultant. The Consultant 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 Consultant becomes involved in, or is threated with, litigation with 6

a subcontractor or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 3. Davis-Bacon Act and Copeland Anti Kick-Back Act Compliance. When required by Federal program legislation, Consultant agrees that it shall comply with the Davis-Bacon Act (40 USC 3141-3144 and 3146-3148) as supplemented by the Department of Labor regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction ). In accordance with the statute, Consultant is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Consultant shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at www.dol.gov. Consultant agrees that, for any contractor to which this requirement applies, the Contract is conditioned upon Consultant s acceptance of the wage determination. Consultant further agrees that it shall comply with the Copeland Anti-Kickback Act (40 USC 3145), as supplemented by the Department of Labor regulations (29 CFR Part 3, Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States ). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Consultant shall comply with 18 USC section 874, 40 USC 3145, and the requirements of 29 CFR pt. 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 CFR section 5.12. 4. Contract Work Hours and Safety Standards Act Consultant agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Consultant is required to compute the wages of every mechanic or laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate of not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Owner shall upon its own action or upon written requires of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 7

(4) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 5. Clean Air Act and Federal Water Pollution Control Act Clean Air Action (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended Contracts and subgrants in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Consultant agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and Federal Water Pollution Control Act. During the performance of this Contract, the Contract agrees to the following: Clean Air Act (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. et seq. (2) The Consultant agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Consultant agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 6. Debarment and Suspension Federal Rule (c) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to Federal Rule (c) above, when federal funds are expended by Owner, the Owner requires Consultant to certify that during the term of the Contract, Consultant certifies that they are not debarred from receiving a contract from the federal government as provided therein. By execution of this agreement, expended by Owner, the Owner requires Consultant to certify that during the term of the Contract, Consultant certifies that they are not debarred from receiving a contract from the federal government as provided therein. (1) As such Consultant verifies that none of the architect, its principals (defined as 2 C.F.R. 180.995), or its affiliates (defined as 2 C.F.R. 180.905) are excluded (defined as 2 C.F.R. Section 180.940) or disqualified (defined at 2 C.F.R. 180.935). (2) Consultant will comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and will also comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Owner. If it is later determined that the Consultant does not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Owner, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C. and Consultant also agrees to include a provision requiring such compliance in its lower tier covered transactions. Evidence of non-debarment for vendors must be documented through: http://www.sam.gov/portal/public/sam; and 8

http://www.window.state. 7. Byrd Anti-Lobbying Amendment Federal Rule (d) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Pursuant to Federal Rule (d) above, when federal funds are expended by the Owner, the Owner requires Consultant that during the term of the Contract and after the awarded term of an award (the Contract), the Consultant certifies to the terms included or referenced in Federal Rule d above. Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Certification Regarding Lobbying No Federal appropriated funds have been paid or will be paid, by or on behalf of Consultant, 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. If any funds other than Federal appropriated funds have been paid or will be paid by Consultant 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. Consultant agrees that the language of this certification (44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING) be included in the award documents for all subawards at all tiers (including subcontractors, 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). Consultant acknowledges and agrees that any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 9. Procurement of Recovered Materials Consultant agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications to the Owner to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or at a reasonable price. Information regarding this requirement, along with the list of EPA-designate items, is available at EPA s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 9

10. Changes To be eligible for FEMA assistance under the non-federal entity s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that the Owner include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. Said change provision is included in Section 3.6.5. 11. Access to Records and Records Retention Federal Rule (e) 2 CFR 200.333 Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. Owner s right to audit records. Access to Records. Pursuant to Federal Rule (e) above, when federal funds are expended by Owner, Consultant will certify that it will retain all required records for three (3) years after the Owner makes final payments and all other pending matters are closed. Further, Owner retains the right to audit Consultant s records during the retention period. With regard to Access to Records: (1) Consultant agrees to provide the Owner, any FEMA (Federal Emergency Management Agency) Administrator, the Comptroller General of the United States, the Texas State Auditor, DPS/TDEM, or any of their authorized representatives, access to any books, accounts, documents, reports, papers, and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) Consultant understands and agrees that the Department of Homeland Security (DHS)/FEMA and/or Department of Public Safety (DPS) / Texas Division of Emergency Management (TDEM), through its authorized representatives, have the right at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. Consultant agrees to provide the DPS/FEMA and/or DPS/TDEM and their authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Consultant agrees to provide all reasonable facilities and assistance for the safety and convenience of these government representatives in the performance of their duties (4) The Texas Education Agency (TEA) requires retention for five years. Consultant agrees that all records shall be maintained for such purposes for the greater period of five years and the Owner may audit the records during the retention period. Facilitation of Audit. Consultant must facilitate in the performance of any audit(s) conducted by DPS/FEMA and/or DPS/TDEM and/or State Auditor s Office. Consultant acknowledges and agrees that DPS/FEMA and/or DPS/TDEM and/or the State Auditor s Office have the authority to audit funds received indirectly by subcontractors through Owner and Consultant will cooperate fully with any such audit. Consultant must include this requirement in any subcontract related to this project. 12. DHS Seal, Logo, and Flags The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 13. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement of that FEMA financial assistance may be used to fund the contract. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures and directives. 14. No Obligations by Federal Government The Federal Government is not a party to the Contract and is not subject to any obligations or liabilities to the non-federal entity, Consultant, or any other party pertaining to any matter resulting from the Contract. 15. Program Fraud and False or Fraudulent Statements or Related Acts The Consultant acknowledges that 31 USC Chap. 38 (Administrative Remedies for False Claim and Statements) applies to the Consultant s actions pertaining to this contract. 16. Federal Rule (f) 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, 89 Stat. 871). Pursuant to Federal Rule (f) above, when federal funds are expended by Owner, Consultant certified that during the term of the Contract, Consultant will be in compliance with 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, 89 Stat. 871). 17. Consultant agrees to comply with all applicable laws and regulations, including but not limited to (and to the extent applicable): Public Law 93-288, as amended (Stafford Act). 10

44 CFR, Emergency Management and Assistance. Disaster Mitigation Act of 2000. OMB Regulations 2 CFR, Grant and Agreements. Executive Order 11988, Floodplain Management. Executive Order 11990, Protection of Wetlands. Executive Order 12372, Intergovernmental Review of Programs and Activities. Executive Order 12549, Debarment and Suspension. Executive Order 12612, Federalism. Executive Order 12699, Seismic Design. Executive Order 12898, Environmental Justice. Coastal Barrier Resources Act, Public Law 97-348. Single Audit Act, Public Law 98-502. Sandy Recovery Improvement Act publications. 16 U.S.C. 470, National Historic Preservation Act. 16 U.S.C. 1531, Endangered Species Act References. FEMA program publications, guidance and policies. Rules related to underutilized businesses (small and minority businesses, women s enterprises and labor surplus firms) at 2 CFR 200.321. Drug-free Workplace Act, as amended, 412 U.S.C. 701 et seq. Consultant will comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of FEMA Grant FEMA04332-DR-TX and any FEMA-approved application. Consultant will also require all subcontractors for this project to comply with the same. 18. Copyright. Consultant must affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgment of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 11